AFGHANISTAN: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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The high rate of malnutrition

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee is also concerned that:

  • Two thirds of children are chronically malnourished, and among them, thousands suffer from acute malnutrition

The Committee recommends that the State party give priority attention to identifying and addressing the causes of children's poor health situation, and:

  • Take effective measures to improve access to and the quality of health-care and nutrition services throughout the State party, by allocating sufficient financial resources to the health sector and ensuring the availability of qualified medical staff, including in remote and rural areas; (parasgraphs 51 and 52)

Independent Expert on the human rights situation in Afghanistan
Mr Kamal Hossain
Country visit: 9-16 July 2005
Report published: 15 February 2006

Half of all Afghan children suffer from chronic malnutrition (paragraph 29)

Mr Choong-Hyun Paik
Country visit: 27 July to 3 August 1997
Report published: 12 March 1998

Most inhabitants of Kabul were described as cases of borderline malnourishment. The global malnutrition of children stood at 6.8 per cent while in Afghanistan 1.3 per cent of children suffered from severe malnutrition. (Kabul: paragraph 9)

UN Special Rapporteur on violence against women, its causes and consequences
Yakin Ertürk
Country visit: 9-16 July 2005
Report published: 15 February 2006

The preference of giving food to male infants over female infants and to boys over girls results in a disproportionate number of females affected by malnutrition. (paragraph 31)

Ms Radhika Coomaraswarmy
Country visit: 1-13 September 1999
Report Published: 13 March 2000

The children in refugee camps appeared malnourished and had skin rashes associated with unhealthy living conditions. Doctors at the Mothers and Children Clinic in a refugee camp, informed Ms Coomaraswamy that many of the patients they treated suffered from malnutrition, and TB was rampant. Mothers in refugee camps explained that they had lost children along the way and the children who had survived looked severely malnourished and in need of special medical attention. (paragraphs 19, 52 and 60)

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Forced Marriage

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

In this context, the Committee notes with particular concern:

  • The absence of effective measures to prevent and eliminate early and forced marriages;

The Committee urges the State party to put in place a national strategy for the implementation of the Law on Elimination of Violence against Women, and in particular to:

  • Ensure prosecution of harmful practices criminalised under said law; (paragraphs 55 and 56)

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

The State party is a source, transit point and destination country for human trafficking and that women and girls are kidnapped, lured by fraudulent marriage or job proposals, or sold into marriage or commercial sexual exploitation, despite the efforts made by the State party. The Committee recommends that the State party intensify its efforts to eradicate human trafficking, including by imposing appropriate sanctions on the perpetrators. (paragraph 32)

UN Special Rapporteur on violence against women, its causes and consequences
Yakin Ertürk
Country visit: 9-16 July 2005
Report published: 15 February 2006

The practice of child marriages and forced marriages are at the root of most violence that takes place in the household. The Afghanistan Independent Human Rights Commission (AIHRC) estimates that between 60 and 80 per cent of all marriages in Afghanistan are forced, and approximately 57 per cent of girls are married before the age of 16. Economic reasons play a significant role in such marriages. The custom of bride money may motivate families to barter off their daughter as young as six or seven, with the understanding that the actual marriage is delayed until the child reaches puberty. However, reports indicate that this is rarely observed, and that little girls may be sexually violated not only by the groom but also by older men in the family, particularly if the groom is a child too. Following the workshop "Elimination of Violence against Women: Preventing Child and Forced Marriage", organised by the Ministry of Women's Affairs on 23 and 24 November 2005, a protocol was signed and recommendations were adopted to eradicate child and forced marriages by representatives from various ministries, including the Attorney-General's Office. Yakin Ertürk observed that cabinet members and other officials appeared to be strongly committed to eradicating the existence of such marriages. (paragraphs 23-25, 60 and 77)

Yakin Ertürk recommends that criminal law clearly establishes that those involved in the organisation of child and forced marriages commit a crime, and must be prosecuted and punished. Yakin Ertürk recommends that the government clearly instruct the police and the judiciary that child marriages are null and void; and that the government launch media campaigns to inform the public that forced and child marriages violate fundamental precepts of Islam. (paras 80 and 82)

Universal Periodic Review (May 2009)

A - 39. Enact legislation and take effective measures to protect and promote women's rights, especially with regard to forced marriages, honour killings and access to education for all girls (Austria) (accepted)

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Barriers to Justice

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

The traditional dispute resolution mechanisms, which absorb more cases of dispute than the formal judicial system, are not compatible with human rights standards, including the Covenant rights. The rights of women and children, as well as those of nomadic tribes and the poorest sectors of society, are particularly affected by the lack of access to formal justice mechanisms. The Committee recommends that the State party intensify its efforts to ensure access for the population to the formal judicial system and to take adequate measures to build the trust of the population in the formal judicial system. (paragraph 16)

Independent Expert on the human rights situation in Afghanistan (M. Cherif Bassiouni) 11 March 2005

The report points towards increased access to justice for youth, yet states that the current system for the administration of justice has a negative impact on children. (paragraphs 12 and 27)

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Violence against Children

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee expresses its extreme concern over attacks by insurgent groups on school facilities which have killed dozens of school children and their teachers and led to the closure of hundreds of schools throughout the country since 2007, especially in the South of the country. The Committee is particularly concerned that, in the prevailing conditions of conflict, schools have been used as polling stations during elections and occupied by international and national military forces.

  • End corporal punishment and other forms of violence in school, including bullying, by teacher training, school-specific action plans and closer inspection of schools
  • Use all means to protect the schools, teachers and children from attacks and include communities, in particular parents and children, in the development of measures to better protect schools against attacks and violence; (paragraphs 60 and 61)

Independent Expert on the human rights situation in Afghanistan
Mr Kamal Hossain
Country visit: 8 to 13 September 1999
Report published: 30 September 1999

Executions of males over 13 from Sarasiab, Haiderabad and Syedabad villages. A group of 150 people, including women and children, was taken captive by the Taliban from Berson village and transferred to Parwan province. Summary executions of non-combatants including women and children were reported in Hazarajat. Mr Hossain recommends issuing instructions to local Taliban commanders to refrain from further violations of the rights of civilians, specifically to cease summary executions, targeting of non-combatants, violence against women and children, arbitrary detention and destruction or confiscation of property. (paragraphs 8, 13, 15 and 16(a))

UN Special Rapporteur on violence against women, its causes and consequences

Yakin Ertürk

Country visit: 9-16 July 2005

Report published: 15 February 2006

There are now several shelters in the country offering refuge to women and girls. Yakin Ertürk recommends that the government clearly instruct the police and prosecutor's offices that girls and women who escape situations of domestic violence must not be returned to their families unless their safety can really be ensured. (paragraphs 74 and 82)

Universal Periodic Review (May 2009)

A - 51. Continue its measures to address all forms of violence against women and girls (Brazil) (accepted)

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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, February 2011)

The Committee notes with concern that in spite of the prohibition of all kinds of physical and psychological punishment of students contained in the Education Law, these practices continue to be common in the State party’s schools. The Committee is particularly concerned that all schools continue to have a discipline/guards committee, comprised of teachers and students, with full permission to use physical punishment on school children.

The Committee urges the State party to prohibit unequivocally corporal punishment in the family, schools and institutions for children by law and ensure that those laws are effectively implemented and that legal proceedings are systematically initiated against those responsible of mistreating children. The Committee also calls upon the State party to introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of child-rearing and education as an alternative to corporal punishment. In this regard, the Committee draws the attention of the State party to its General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. (Paragraphs 37 and 38)

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

The extent of violence against children, including forced and child marriage. There are also a high number of children, with a living parent who remain in care institutions unnecessarily. The Committee recommends that the State party: (a) intensify its efforts to combat violence against children and to prohibit corporal punishment of children in all settings; and (b) adopt and implement social protection programmes to enable the most disadvantaged and marginalised families to meet their basic needs and to care for their children. The Committee requests the State party to provide further information in its next periodic report on the system of institutional care for children, regulatory mechanisms, the updated number and qualifications of orphanage staff, and admission policies. The Committee also requests updated information on the results of the implementation of the National Strategy for Children at Risk. (Paragraph 28)

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The high number of Children involved in the Worst Forms of Child Labour

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

[T]he Committee expresses concerns that half of the children are economically active in the State party, most of them being subjected to the worst forms of child labour. The Committee also notes that insufficient efforts have been made to prevent forced labour in the informal and private sectors where most of the children are engaged. The Committee notes with particular concern that a large proportion of child workers start working between the ages of 5 to 11 years and work all day and that more than a third of child workers do not attend school and are illiterate due to the necessity to work, the high cost of school-related expenses and their parents' decision not to enrol them in school.

The Committee urges the State party to:

  • Conduct a national child labour survey to collect reliable and valid data to understand the dynamics of child labour and to support recommendations that will address the root causes and the dangers of child labour throughout the country;
  • Develop a stronger legal framework and enforcement mechanism to eradicate child labour, including in the informal and private sectors; and
  • Include children and representatives of children's organizations in all efforts to eliminate child labour;
  • Provide educational opportunities for children who work for their family's survival; and
  • Raise awareness on the negative consequences of child labour through a wide public information campaign; (paragraphs 66 and 67)

UN Committee on Economic, Social and Cultural Rights
Last reported 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

Child labour is a serious problem in the State party and many children are vulnerable to all the worst forms of child labour, including forced or bonded child labour and commercial sexual exploitation. The Committee urges the State party to intensify its efforts to combat child labour and protect children from all forms of sexual and economic exploitation, including the worst forms of child labour, inter alia, by: (a) strengthening its national legislation prohibiting child labour in accordance with international standards; (b) increasing the number of labour inspections in order to monitor compliance with its national legislation prohibiting child labour; (c) strictly enforcing the imposition of fines and criminal sanctions against persons making use of illegal child labour; (d) organising mandatory training for law enforcement officials, prosecutors and judges; and (e) adopting appropriate measures to facilitate access to educational opportunities for former child workers. The State party was invited to conduct a comprehensive survey on the extent of child labour, if necessary by seeking international cooperation and assistance. (paragraph 29

Independent Expert on Afghanistan
M. Cherif Bassiouni
Report date: 11 March 2005

Child abduction, trafficking in children, abusive child labour and other violations of children's human rights are still prevalent. Government agencies have rescued and/or intercepted children in the process of being transported for various types of work. Efforts to understand the phenomenon have revealed that most trafficking victims travel with their families' consent and commonly live with relatives abroad. The government has prepared the National Plan of Action to Combat Child Trafficking which includes enacting legislation, maximising opportunities for education and other mechanisms to reduce children's social and economic vulnerability. M. Cherif Bassiouni recommends that the government should continue and expand its activities to prevent child trafficking, and reduce child labour. (paragraphs 6, 8(i), 34, 35 and 69)

M. Cherif Bassiouni
Country visit: 14-22 August 2004
Report published: 21 September 2004

Some families in the provinces of Helmand and Kandahar and elsewhere have become reluctant to send their children to school because of fears they will be abducted. Evidence suggests that the kidnapped children are being trafficked for sexual purposes and forced labour. The government has begun to address the problem and a national action plan to combat child trafficking has been finalised by the Ministry of Labour and Social Affairs and submitted to the Cabinet. M. Cherif Bassiouni is concerned about the reported lack of interest of the police in tackling these problems. M. Cherif Bassiouni recommends that the government take strong measures to curtail the practice of child abduction, child trafficking, and child labour. In particular, the government should address the plight of the estimated 500,000 parentless children who are used as exploited labour. (paragraphs 4, 51(h) and 57)

Universal Periodic Review (May 2009)

A - 54. Take effective action against child labour, and against smuggling or abduction, exploitation or sexual abuse of children (Hungary) (accepted)

A - 55. Address the issue of the use of child labour in the country, while supporting and facilitating children's access to education, in particular in rural areas (Slovakia) (accepted)

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Discrimination against women and girls, especially in access to education

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee is ... concerned that almost half of the State party's children are not enrolled in school and that extreme gender disparity in school enrolment and high school drop out persist at all levels.

  • Take active measures to promote the right of girls to education through social mobilization campaigns, increase the number of adequately trained female teachers and ensure their security (paragraphs 59 and 61)

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

Although the State party has attempted to improve access to education and reduce gender disparities, the right to education is not guaranteed in the State party without discrimination. The increase in the number of child victims of attacks against schools by insurgents and the throwing of acid to prevent girls and female teachers from going to school. The Committee recommends that the State party, in implementing its National Education Strategy Plan, take into account the Committee's general comments No. 11 (1999) on plans of action for primary education and No. 13 (1999) on the right to education and establish an effective monitoring mechanism for the plan. In particular, the State party should take adequate steps to encourage the school enrolment of girls, by providing facilities in schools (for example separate toilets for girls), and by training and recruiting female teachers, in particular in rural areas. The State party should improve security for children in school as well as on their way to and from school, and increase awareness of the value of girls' education. The State party was also encouraged to continue seeking technical advice and assistance from the United Nations Educational, Scientific and Cultural Organisation (UNESCO) for improving access to education. (paragraph 43)

Independent Expert on human rights situation in Afghanistan
Mr Kamal Hossain
Report date: 6 March 2002

Special attention should be given to promoting and protecting the human rights of women and girls in Afghanistan, including the right to non-discrimination with regard to sex, age, religion, ethnicity, disability and political affiliation. Mr Hossain recommends carrying out a study and analysis of the impact on women and girls of the existing legal system, including with regard to family law, divorce and property and inheritance rights. Special measures needed to be taken to protect women and girls from forced marriages and all other forms of violence and sexual abuse. (paragraphs 46-47(h) and 51)

UN Special Rapporteur on violence against women, its causes and consequences
Country visit: 9-16 July 2005
Report published: 15 February 2006

Four million children have enrolled in school since the fall of the Taliban. However, the primary school enrolment rate is among the lowest in the world, and only half as many girls are enrolled in primary education as boys. Afghanistan's report on the Millennium Development Goals gives great prominence to targets relating to enrolment of girls in primary and secondary education. (paragraphs 18 and 51)

Universal Periodic Review (May 2009)

A - 15. Persevere in fighting corruption, in educating its people and especially its children, and in further empowering its womenfolk for greater participation in all sectors (Singapore) (accepted)

A - 18. Intensify its efforts for the promotion of gender equality consistent with the obligations of Afghanistan under CEDAW, including through the review and elimination of laws, customs and practices that lead to discrimination against women and girls, making available effective legal remedies for the victims of discrimination and violence, and actively promoting the participation of women and girls in different fields such as education, labour and political life (Mexico);

A - 30. Maintain and develop the positive measures that have been taken, such as for example the setting up of a school system for girls and the training of women police officers and avoid entrenching in the law, discriminatory practices against women (Switzerland);

A - 36. Launch public information campaigns and work with religious leaders to raise awareness of the legal rights for women and girls guaranteed in Afghanistan's Constitution, including the legal age for marriage (United States)

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Trafficking of chidren

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee expresses concern that children are trafficked by criminal groups mainly within the country and into neighbour countries for forced prostitution, forced begging and forced labour in brick kilns, carpet-making factories, in the drug smuggling industry and domestic service. The Committee is also deeply concerned that some families knowingly sell their children for forced prostitution, including for bacha baazi. The Committee notes with concern that little has been made to implement the provisions of the 2008 Law on Counter Abduction and Human Trafficking and the 2004 National Plan of Action on Combating Child Trafficking and that human trafficking convictions remain rare while victims of trafficking are punished for acts they may have committed as a direct result of being trafficked and jailed pending resolution of their legal cases, despite their recognised victim status.

The Committee urges the State party to adopt concrete measures for the full implementation of the anti-trafficking law and plan of action and in particular ensure that perpetrators are effectively prosecuted and punished if found guilty. The Committee calls upon the State party to ensure the children victims of trafficking are no longer punished and jailed for unlawful acts committed as a direct result of being trafficked but receive protection and rehabilitation services; and that public awareness campaigns to warn at-risk populations of the dangers of trafficking are conducted. The Committee further encourages the State party to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. (paragraphs 72 and 73)

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

The State party is a source, transit point and destination country for human trafficking and that women and girls are kidnapped, lured by fraudulent marriage or job proposals, or sold into marriage or commercial sexual exploitation, despite the efforts made by the State party. The Committee recommends that the State party intensify its efforts to eradicate human trafficking, including by imposing appropriate sanctions on the perpetrators. (paragraph 32)

UN Special Rapporteur on violence against women, its causes and consequences

A local newspaper in Peshawar reported that two Afghan girls were being sold by their parents to Arab men when they were arrested at the airport. Trafficking in women and girls is thought to be on the increase. Further, prostitution of Afghan refugee women and children is also growing, because of the lack of economic opportunities. Women's organisations stressed the need for a safe house. Violence against women and girls is of growing concern in the Saranan refugee village. (paragraphs 44-45 and 54)

Independent Expert on the human rights situation in Afghanistan
M. Cherif Bassiouni
Report date: 11 March 2005)

Child abduction, trafficking in children, abusive child labour and other violations of children's human rights are still prevalent. Government agencies have rescued and/or intercepted children in the process of being transported for various types of work. Efforts to understand the phenomenon have revealed that most trafficking victims travel with their families' consent and commonly live with relatives abroad. The government has prepared the National Plan of Action to Combat Child Trafficking which includes enacting legislation, maximising opportunities for education and other mechanisms to reduce children's social and economic vulnerability. M. Cherif Bassiouni recommends that the government should continue and expand its activities to prevent child trafficking, and reduce child labour. (paragraphs 6, 8(i), 34, 35 and 69)

M. Cherif Bassiouni, 11 March 2005
Country visit: 14-22 August 2004
Report published: 21 September 2004

Some families in the provinces of Helmand and Kandahar and elsewhere have become reluctant to send their children to school because of fears they will be abducted. Evidence suggests that the kidnapped children are being trafficked for sexual purposes and forced labour. The government has begun to address the problem and a national action plan to combat child trafficking has been finalised by the Ministry of Labour and Social Affairs and submitted to the Cabinet. M. Cherif Bassiouni is concerned about the reported lack of interest of the police in tackling these problems. M. Cherif Bassiouni recommends that the government take strong measures to curtail the practice of child abduction, child trafficking, and child labour. In particular, the government should address the plight of the estimated 500,000 parentless children who are used as exploited labour. (paragraphs 4, 51(h), 57 and99-100)

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Sexual exploitation and abuse

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee expresses grave concern that limited action has been taken by the State party to combat widespread sexual abuse and exploitation of children, and that perpetrators of such abuse enjoy impunity. The Committee also expresses deep concern that while there is a systematic failure on the part of the authorities to prosecute perpetrators of sexual abuse, child victims are very often considered and treated as offenders, and charged with offences such as debauchery, homosexuality, running away from home or zina. The Committee is also particularly concerned that:

  • Shame and stigma are attached to the child victim rather than the perpetrator;
  • The crime of rape has not been clearly defined and separated from the
  • offence of zina in domestic legislation, and that other types of sexual abuse, including abuse in homosexual relations as well as sexual exploitation, have not been included in the Penal Code;
  • There is no mechanism in place through which child victims of sexual abuse can lodge complaints and obtain protection and recovery services, with their privacy protected; and
  • Girl victims of sexual abuse and exploitation are at risk of honour killing, the practice of baad or forced marriage with their rapist, and rejected by their families.

The Committee calls on the State party to:

  • Urgently develop awareness-raising programmes and campaigns, with the involvement of children, to curb sociocultural norms that lead to sexual abuse of children, condone abusers and stigmatize child victims;
  • Revise legislation in order to adequately protect all girls and boys from all forms of sexual abuse and violence, and ensure that the crime of rape is clearly defined;
  • Ensure that child victims of any form of sexual abuse or exploitation are considered and treated as victims and no longer charged and detained as offenders;
  • Strengthen Family Response Units and establish, as a matter of urgency, effective and child-friendly procedures and mechanisms to receive, monitor and investigate complaints;
  • Ensure that perpetrators of sexual abuse and exploitation of children are brought to justice and punished with sanctions proportionate to their crimes; and
  • Develop a national strategy to respond to the housing, health, legal and psychosocial needs of child victims of sexual exploitation and violence. (paragraphs 70 and 71)

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 14 May 2010
Concluding Observations adopted: 21 May 2010

Child labour is a serious problem in the State party and many children are vulnerable to all the worst forms of child labour, including forced or bonded child labour and commercial sexual exploitation. The Committee urges the State party to intensify its efforts to combat child labour and protect children from all forms of sexual and economic exploitation (paragraph 29)

Independent Expert on the human rights situation in Afghanistan

Mr Kamal Hossain
Country visit: February- October 2002
Report published: 13 January 2003

Frequent abuses of young women by local commanders were reported in the province of Badakshan. The low status of women and the consequent power imbalances between women and men are the underlying causes of physical and sexual violence against girls and women in Afghanistan. (paragraphs 18(b) and 34)

UN Special Rapporteur on violence against women, its causes and consequences.
Ms Radhika Coomaraswarmy.
Country Visit: 1-13 September 1999.
Report published: 13 March 200.0

A local newspaper in Peshawar reported that two Afghan girls were being sold by their parents to Arab men when they were arrested at the airport. Trafficking in women and girls is thought to be on the increase. Further, prostitution of Afghan refugee women and children is also growing, because of the lack of economic opportunities. Women's organisations stressed the need for a safe house. Violence against women and girls is of growing concern in the Saranan refugee village. (paragraphs 44-45 and 54)

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Children affected by armed conflict

UN Committee on the Rights of the Child (Concluding Observations, April 2011).

While welcoming the establishment in July 2008 of a Country Task Force on Monitoring, Reporting and Response (CTFMRM) in compliance with Security Council resolution 1612, the Committee expresses deep concern over the death of hundreds of children as a result of attacks and air strikes by insurgent groups, international military forces and the Afghan National Army (ANA). The Committee expresses serious concern that armed forces responsible for the killing of children have not been held accountable and that the grievances of families have not been redressed. The Committee expresses further concern that the 2007 Law on Public Amnesty and National Stability may be used to grant amnesty to perpetrators of the most serious crimes against children.

The Committee urges the State party to ensure that allegations of violations against children perpetrated by any party to the conflict are investigated in a transparent, timely and independent manner, and ensure that perpetrators of those violations are brought to justice. (paras 29 and 30)

While welcoming the establishment in 2010 of the Inter-Ministerial Steering Committee on Children and Armed Conflict and the adoption of an Action Plan to respond to grave violations committed against Afghan children during conflict, the Committee is concerned that there is no specific reference in the 2010 Afghanistan Peace and Reintegration Programme to, nor resources or responsibilities allocated for, the particular needs of all children affected by armed conflict. The Committee further notes with concern that although the minimum age for recruitment in the police and the army has been set at 18 years by presidential decree, under-18 recruitment persists in the State party, including in the ranks of the Afghan police. The Committee is also concerned that, when arrested, children used by insurgent groups are held with adults under national security charges for extended periods of time in facilities of the international armed forces or of the National Directorate of Security, with limited access by national and international child protection bodies.

The Committee urges the State party to:

  • Ensure that appropriate child-specific provisions and resources are included in all peace and reconciliation negotiations and treaties;
  • Implement the above-mentioned Action Plan to respond to the six grave violations of child rights committed against Afghan children during conflict;
  • Allow national and international child protection bodies regular access to all detention facilities at all levels, including those of the National Directorate of Security, and ensure due process for all juveniles detained for alleged association with armed groups; and
  • Fully implement the recommendations contained in the latest mission report of the Special Representative of the Secretary-General on Children and Armed Conflict on her visit to Afghanistan from 20 to 26 February 2010. (paragraphs 64 and 65)

UN Committee on Economic, Social and Cultural Rights.
Last reported: 12 and 14 May 2010.
Concluding Observations adopted: 21 May 2010.

Children are recruited by armed groups and forces, including by the Afghan National Security Forces. The Committee recommends that the State party take firm measures to put a stop to all recruitment of child soldiers by armed groups and forces. To this end, a monitoring system should be instituted to prevent any further recruitment of minors. The Committee also recommends that the State party step up its efforts to assist and reintegrate children who have been recruited in armed groups and forces. (paragraph 30)

Universal Periodic Review (May 2009).

A - 22. Step up efforts including working closely with ICRC and other relevant parties, to stop the recruitment and use of children by all parties involved in conflicts in the country (Malaysia) (accepted)

NC- 21. Take all possible measures to prevent the recruitment of children and the use of child combatants by the Taliban (Hungary) (No clear position)

Report of the Secretary-General on children and armed conflict in Afghanistan, SRSG Coomaraswamy.
10 November 2008.

Recommendations:

I urge all anti-government elements who are party to the conflict to immediately stop the use, exploitation and recruitment of children and recommend that Afghan National Security Forces develop appropriate age verification procedures and take appropriate measures to improve the protection of children.

In addition I encourage all parties to the conflict to enter into a dialogue with the country Task Force on Monitoring and Reporting with a view to halting grave violations of children’s rights, as stipulated by the Security Council in its resolution 1612 (2005), and to ensure that information on violations committed against children in armed conflict is collected and disseminated to all appropriate actors. In this regard, I encourage the Government of Afghanistan to intensify its efforts to prosecute all perpetrators of crimes committed against children and to ratify ILO Convention No. 182.

I also call upon the Afghan authorities to introduce legislation aimed at criminalizing the recruitment of children in armed conflict and to consider enacting legislation necessary to give effect to the Rome Statute of the International Criminal Court.

I strongly urge the Taliban and other anti-government elements to immediately cease attacks against civilians, especially children, and civilian objectives. The United Nations country team in Afghanistan is encouraged to engage with the Afghan Government on means to advocate the cessation of such attacks. All parties to the conflict are urged to comply with principles of international law, to recognize and maintain the neutrality and safety of schools, hospitals, religious institutions, including their personnel, as “zones of peace” and to publicly declare an end to such
practices.

I call upon international military forces and Afghan National Security Forces to improve standing operating procedures and rules of engagement, in particular by including special protection measures pertaining to children.

I urge the Government of Afghanistan and international military forces to ensure due process for all juveniles detained because of their alleged association with armed groups, regardless of the arresting authority. I further request the Government of Afghanistan and international military forces to grant the United Nations and human rights monitoring bodies full access to all their detention facilities, including the National Directorate of Security and the Bagram Airbase.

I condemn in the strongest possible terms the attacks against humanitarian actors by the Taliban and other anti-government elements, in particular the killings and abductions, and call upon all parties to respect principles of international humanitarian and human rights law and to ensure the safety and protection of all those engaged in humanitarian action. In this regard, I also call upon community
and religious leaders to publicly condemn attacks against humanitarian workers and to assist in developing appropriate measures for the protection of humanitarian actors and their programmes.

I welcome the efforts of my Special Representative to strengthen the child protection capacity of UNAMA, including by deploying child protection advisers.

I request the United Nations country team and the donor community to provide additional support to national programmes and initiatives to enhance the protection of children in Afghanistan.

I encourage the Government of Afghanistan to implement more fully laws and programmes to prevent and punish sexual violence and to support victims, monitor grave sexual violations against boys as well as girls and work with my team in Afghanistan to study ways and means of combating harmful practices, including that of bacha baazi, with the support of Afghan religious leaders and civil society.

I call upon the country Task Force on Monitoring and Reporting to present a plan within three months time, on ways and means to interface with Government, international military forces and other relevant parties to extend the monitoring and reporting mechanism mandated by Security Council resolution 1612 (2005) to all conflict areas of Afghanistan.

I request respective United Nations country teams and agencies to develop a regional framework of cooperation and information exchange in order to better address cross-border issues such as child recruitment and abduction. (paragraphs 64 to 76)

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The juvenile justice system is not in line with international standards

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee is ... deeply concerned at the situation of juvenile justice in the State Party and in particular that:

  • Juvenile Courts have only been were established in six districts only up to now and children in conflict with the law are tried by family judges many of whom are not specifically trained for juvenile justice;
  • Status offences regarded as "abnormal behaviours" can lead children to be sentenced as criminals, in particular girls who are victims of violence and abuse and who are made responsible for the criminal acts committed against them;
  • Detention is not the last resort, a large number of children are in detention, almost half of them in pre-trial detention, about half of the girls in Juvenile Rehabilitation Centres because of so-called moral offences, such as running away from home, and some of them even during pregnancy and birth of their child;
  • A number of children under the age of criminal responsibility, which is 12, are found in Juvenile Rehabilitation Centres;
  • Alternatives to detention are rarely used despite options provided by the Juvenile Code of 2005;
  • A number of children in detention are not separated from adults, are not adequately provided with food, care, protection, education and vocational training and often are subjected to abuse and torture;
  • Children are not provided with legal aid, including before court, and that often statements are forcibly extracted from them; and
  • Many parents are not informed of the detention of their children and children not allowed to meet with their parents.

The Committee recommends that the State party bring the system of juvenile justice fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee's General Comment No. 10 (2007) on the rights of the child in juvenile justice. (paragraphs 74 and 75)

Independent Expert on the human rights situation in Afghanistan
M. Cherif Bassiouni
Report date: 11 March 2005

Children are commonly detained with their mothers, often in cells that hold more children than adults. No additional food, blankets, or other material is provided for these children. (paragraph 30)

M. Cherif Massiouni
Country visit: 14-22 August 2004
Report published: 21 September 2004

Children are commonly held in the same cells as violent adult criminals. In a women's detention centre in Kabul, no food is provided for the children. On 17 August 2004, President Karzai issued a decree stopping the prosecution of children whatever the stage of the case. M. Cherif Bassiouni has been unable to ascertain whether this decree has been carried out. (paragraphs 60-61 and 69)

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The high rate of infant mortality

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee notes with concern that in spite of efforts made by the State party, maternal and infant mortality remains among the highest in the world, and the death of most of the children who die in their early years is due to preventable diseases.

The Committee recommends that the State party give priority attention to identifying and addressing the causes of children's poor health situation, and:

  • Take effective measures to improve access to and the quality of health-care and nutrition services throughout the State party, by allocating sufficient financial resources to the health sector and ensuring the availability of qualified medical staff, including in remote and rural areas; (paragraphs 51 and 52)

Independent Expert on the human rights situation in Afghanistan
M. Cherif Bassiouni
Report date: 11 March 2005

Afghanistan has one of the highest rates of under-five mortality (nearly one out of every five live births) and infant mortality (more than one out of 10 live births) in the world. (paragraphs 32 and 34)

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Killings in the name of "honour"

UN Committee on the Rights of the Child (Concluding Observations, April 2011)

The Committee is however seriously concerned that harmful practices such as child marriage, giving away girls for dispute resolution, forced isolation in the home, exchange marriage and "honour" killings are pervasive and cause suffering, humiliation and marginalization for millions of Afghan women and girls. In this context, the Committee notes with particular concern:

  • The absence of effective measures to prevent and eliminate early and forced marriage;
  • That the EVAW law does not criminalise honour killings and that the penal code (art.398) exempts perpetrators of honour killings from punishment for murder and provides them with prison sentence of less than two years;
  • The implication of traditional dispute mechanisms in the perpetuation of harmful practices and the impunity that perpetrators of those practices often enjoy as a result of the inaction and complicity of local and State authorities, religious leaders and elders.

The Committee urges to put in place a national strategy for the implementation of the Elimination of Violence against Women Law , and in particular to :

  • Ensure prosecutions of harmful practices criminalised under the law;
  • Repeal article 398 of the Penal Code and adopt a legislation providing with sanctions commensurate with the gravity of honour crimes;
  • Set up awareness raising and educational programmes and develop gender sensitive teaching materials and textbooks that will sensitise and inform all stake-holders, including community and religious elders about the harmful effects of certain traditional or customary practices and about the provisions of the EVAW Law;Ensure that the principle of the best interests of the child is fully integrated into the new law on traditional dispute resolution to ensure that harmful practices towards children are not legitimised and institutionalised; and
  • Provide comprehensive information in its next periodic report on the concrete measures to eliminate harmful practices and their outcome. (paragraphs 55 and 56)

UN Special Repporteur on extrajudicial, summary or arbitrary execution
Philip Alston
Country visit: 4-15 May 2008
Report published: 6 May 2009

Philip Alston heard an account of an honour killing of a boy and girl who allegedly had sexual relations outside of marriage. No family members complained to the police. The police knew about the deaths, but did not investigate, claiming that they could not do so without a complaint from the family. Mr Alston recommended that these so-called "honour killings", which occur in very large numbers, must be treated as the murders that they so clearly are. Police should investigate such cases whether or not the family has made a specific complaint to the police. (paragraphs 60 and 87)

Universal Periodic Review (May 2009)

A - 39. Enact legislation and take effective measures to protect and promote women's rights, especially with regard to forced marriages, honour killings and access to education for all girls (Austria) (accepted)

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Countries

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