IHRP Working Group: Gender Justice in Afghanistan

By: Cassie Heward (3L) Veronica Axenova (2L)

Group Leads: Cassie Heward [3L JD/MGA] and Veronica Axenova [2L JD]

Group Members [1L]: Rawad Al-Aarg, Katie Grierson, Zaid Kaddoura, Ben Makela, Parwiz Mohibi, Maya Nicholson, Amalia Ramos Borges, Aafreen Samnani, and Aysenur Yildiz

About the Gender Justice in Afghanistan Working Group

The International Human Rights Program (IHRP)’s Gender Justice in Afghanistan (GJA) Working Group is committed to research and advocacy around the widespread, systemic violations of the rights of women and girls in Afghanistan. The IHRP first introduced the GJA in 2023, in tandem with Professor Ghizal Haress’s appointment to the Faculty of Law. Ghizal was Afghanistan’s first Ombudsman, leading anti-corruption efforts and investigating abuses of power at the highest levels of government. She was amongst the many government officials forced to flee Afghanistan when the Taliban regained power over Kabul in August 2021. Ghizal is our faculty advisor and has been critical to our efforts at the GJA. 

Our work is primarily centered on producing two reports aimed at awareness-raising and advocacy. The first report, which we are excited to publish within the next few weeks, focuses on the dire human rights situation in Afghanistan and Canada’s extraterritorial obligations to Afghan women and girls. The second report is an analysis of the Taliban’s violations of the Convention on the Elimination of Discrimination Against Women (“CEDAW”), and the ongoing case at the International Court of Justice (ICJ) pertaining to these violations. 

We are always looking to engage with students who are interested in joining the GJA Working Group or learning more! We hope this article will shed light on the realities in Afghanistan and the work we are doing to advocate for justice for Afghan women and girls.

Background Information about the Situation in Afghanistan

Since regaining de-facto power in 2021, the Taliban has “establish[ed] and enforce[ed] an architecture of oppression” that amounts to systemic discrimination against Afghan women and girls, according to the UN Special Rapporteur on the situation of human rights in Afghanistan.  Taliban edicts and decrees have worsened significantly since their rise to power in 2021, impeding women’s rights in all areas of life, including education, employment, mobility, healthcare, and the justice system. The Taliban’s laws violate all 30 Articles of the Universal Declaration of Human Rights, and have completely erased women from public life, effectively rendering them prisoners in their homes. 

The Taliban’s horrific human rights violations are fueling an ongoing debate in international law about the recognition of “gender apartheid” as a crime against humanity, as the term is widely seen to “best [capture] the totality of the distinct and transgenerational harms committed against [Afghan women]”. The UN Special Rapporteur described the situation on the ground as a series of “inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one gender group over any other gender group, or groups, and committed to maintain that regime”, and thus amounting to gender apartheid. 

Current GJA Research and Advocacy Work

This year, the GJA Working Group aims to finalize and release the aforementioned second report on the gender injustices occurring in Afghanistan. The report builds on the initial draft developed last year, and intends to support the ongoing case brought before the ICJ by Australia, Canada, Germany, and the Netherlands concerning the Taliban’s violations of the CEDAW. We are currently compiling research on the various articles of CEDAW that the Taliban is alleged to have  violated. Additionally, our students will be engaging with Afghan women and civil society organizations in Canada to collect testimonies and case studies documenting human rights abuses under the Taliban regime. Ultimately, the GJA Working Group seeks to produce a legal tool that the Canadian government and civil society actors can rely on as the ICJ proceedings move forward.

First Report Launch in March during International Women’s Month 

The GJA Working Group is soon launching its first report, initially started in 2023. It documents Canada’s role in promoting and protecting the rights of women and girls against the Taliban’s abuses. The report also includes a call to action with recommendations for Global Affairs Canada to ensure Canada adheres to its international obligations. We intend to host an event in late March to share this report with students, faculty, and the broader community during International Women’s month. Keep an eye out for the official IHRP report launch event information in the upcoming weeks!!