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Challenging Gender Apartheid: The Taliban's Stance and the Struggle for Women's Rights in Afghanistan

Updated: Jan 22

“In Afghanistan, unprecedented, systemic attacks on women’s and girls’ rights

and the flouting of international obligations are creating gender-based apartheid.”

- UN Secretary-General Antonio Guterres, 12 January 2023.





Imagine a world where gender dictates every aspect of your life – from your education to your

ability to work, move or even exist in public spaces. For millions of women in Afghanistan

under Taliban rule, this is the grim reality. Think about how you would respond if your rights

were stripped from you simply because of gender, Would you stay silent, resist or fight back?

Since the Taliban takeover in Afghanistan in August 2021, the human rights of women and

girls have been systematically restricted. This is termed “Gender Apartheid”, coined by Sima

Samar and other Afghan women during the first Taliban regime in the 1990s. Never had they

imagined that it would become a key weapon to fight the second Taliban regime two decades

later.


On August 15th, 2021 the Taliban took control of Kabul and declared Afghanistan an “Islamic

Emirates” led by a supreme leader. On the same day, they ordered the closure of all girls’

secondary and high schools, formalising this directive with an official decree a month later. An

interim caretaker government was set up on the 7th of September, consisting solely of male

Taliban members, hailing predominantly from the Pashtun community. The UN has not

recognised this administration and is called the de facto authority. Representatives from other

communities and ethnic groups were also added on the 22nd of September but none were

women. The Taliban abolished the Ministry for Women’s Affairs and declared that the

building would house the Ministry of Vice and Virtue. Ironically, this is the ministry that is

charged with enforcing the Taliban’s interpretation of the Sharia which has issued 36

Sharia-based decrees that violate the basic rights of women and girls. Many of these decrees

specify so-called acceptable behaviours for women, such as segregation from men, dress code,

and the requirement for women to be accompanied by a male chaperone when travelling more

than 72 kilometres from home. It has been advised that women must cover their faces except

for their eyes while meeting a non-male relative unless they are very young or old and that “the

best way to observe hijab is not to go out unless necessary”. These decrees, described as

“guidelines” or “recommendations”, have been enforced with varying intensity across districts

and provinces. The government also declared that violations of these decrees would result in

punishment directed at a woman’s male family member, effectively incentivising domestic

enforcement. By March 2022, 61% of women had lost their jobs, while those in the informal

sector faced diminished opportunities due to restrictions on their mobility. Alarmingly, reports

indicate an increased risk of child marriage and gender-based violence for girls under the

current condition.


Before the Taliban takeover, Afghanistan launched its first National Action Plan (NAP) in

2015. This plan, set to be implemented in two phases from 2015-2018 and 2019-2022, was

developed by the Ministry of Foreign Affairs along with several others. Afghanistan was

committed to observing the principles of the UN Charter, and hence the NAP was developed

around the four pillars of the UN Security Council Resolution 1325: participation,

protection, prevention and relief and recovery. The government of Afghanistan made

commitments to protect and promote the rights of women and girls. Under Article 43 in the

Afghan constitution of 2004, all citizens were given the right to education. Denial of education

for women was defined as a form of violence against women in the Afghan Elimination of

Violence Against Women Act of 2009. The NAP set objectives for each pillar; increasing

participation of women in the civil service, elected government and the security sector; passing

laws to address human trafficking and violence against women; improving women’s access to

justice in the legal system; steps to tackle the cultural issues tied to sexual violence ; and

increasing employment opportunities for women in all sectors of the economy. Since the

takeover by the Taliban in August 2021, all these commitments made under these conventions

and agreements have been directly violated.


The United Nations Human Rights Council joint report highlights the ban on female

education making Afghanistan “the only country in the world” where girls and young women

are forbidden from attending secondary school and higher education institutions. The report

also states “The blatant violations to the fundamental right to have access to quality education

will have lifelong consequences regarding not only employment opportunities but also access

to basic services such as health care.” There have been widespread reports of depression and

suicide especially among adolescent girls who are prevented from pursuing education, the

report notes. An interview was conducted by the Princeton Spia Afghanistan Policy Lab in

Farsi and Pashto. The respondents' names and locations have been redacted to protect them

from retaliation by authorities. The interview painted a picture of fear and uncertainty.

Women working in the education sector are unable to contribute to their family's livelihoods as

many have lost their jobs. Many families face severe economic hardship due to these rigid

restrictions imposed on their freedom. There are concerns about adverse social consequences

such as an increase in forced and childhood marriages. An anonymous female teacher said “In

my province, we had girls that could be singers, professors, athletes and politicians. Now we

have nothing left. All those talents were arrested, left the country, or now live in hiding.

Families rush to marry their daughters because they are afraid the Taliban may take them for

marriage. Most girls are forced to marry. This is the nightmare I never imagined to happen.”

The report expressed the opinion that women who belong to ethnic and religious minorities

were treated more harshly by the government than those belonging to the majority.


All national governments and the international community have condemned the Taliban’s

policies affecting women and girls. The Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW) called on the Taliban to protect the rights of

Afghan women and girls. Taliban has been urged on multiple instances to follow basic human

rights codified in the UN Charter of Human Rights. The UN Security Council urged the

Taliban to “respect the right to education and adhere to commitments to reopen schools for

female students without further delay” post-March 23, 2022, after the Taliban government

extended the decree of closure of secondary and high school education for girls. On July 8,

2022, the U.N. Human Rights Council passed a resolution titled Situation of Human Rights

and Girls in Afghanistan, reaffirming its dedication to equal rights for women in the country

and urging the Taliban to establish protective institutions for women and victims of

gender-based violence. The UN High Commissioner highlighted that “since the Taliban took

power, women and girls in Afghanistan were experiencing the most significant rollback in

enjoyment of their rights”. As the authority governing the country, the Taliban was legally

obligated to “ eliminate discrimination against women and ensure their right to equal

participation in civic and public life.”


The international community has taken multiple important steps to support Afghan women

and girls. However, more efforts and public condemnation are yet to be undertaken. National

governments, UN agencies, intergovernmental organisations and regional organisations like

the EU, businesses and NGOS must come together to consider some actions. International

talks with the Taliban must include a clause to protect and promote women’s and girls’ rights.

UN agencies and global organisations should refuse meetings with Taliban officials in light of

their demand for active participation of women. Governments, especially the U.S., must

reaffirm their support for women’s empowerment. Afghan women need vocal, visible backing

from influential global leaders. Until schools reopen, organisations should offer online literacy

classes for girls and set up remote training programs for female teachers to keep them active and

skilled, as advocated by many experts.

Ending gender apartheid in Afghanistan is a challenge we can tackle together. By standing with

Afghan women, supporting their education, and pushing the Taliban to respect their rights, we

can create real change. It’s a shared responsibility, and every effort counts. Together, we can

help Afghan women build a brighter, fairer future.


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