Taliban takeover of Afghanistan — what is the future of human rights and civil liberties for Afghans?

Despite the Taliban’s moderate facade, history threatens to repeat itself

Paree Desai
CSRN
5 min readAug 30, 2021

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Women attending prayer in Mazār-e Sharīf, Afghanistan

The Islamic Republic of Afghanistan collapsed on 15th August 2021, and from its ashes rose the Taliban-controlled Islamic Emirate of Afghanistan. This is the second time — the first was in September 1996 when the Taliban, an Islamist fundamentalist group, seized command of Afghanistan. It remained in power until 2001, when a United States-led military coalition invaded the country following the 9/11 terror attacks. The Taliban’s 5-year-long reign was characterised by governance under a very conservative version of Islamic Sharia Law, notoriously denying even basic human rights to the people, especially to women.

Now, with the Taliban back in power, a major concern arises about how it will impact human rights and women’s rights. An answer demands that we consider 4 issues: the state of Afghan rights before 1996, under the Taliban’s regime, their recovery following the ouster of the Taliban, and what can be expected from the Islamist group in the future.

Before the Taliban captured Kabul in 1996, women were promised the same rights as men by the Afghan Constitution. Women accounted for roughly 70% of all teachers, 50% of civil servants and 40% of medical doctors in Afghanistan. Moreover, the government tried to encourage political pluralism, improve legal rights to counsel and fair trial, reduce restrictions on freedom of association and assembly, and partially relax controls on freedom of the press.

With the commencement of the Taliban’s rule began the pervasive, persistent and perverse abuse of the Afghans’ rights. Women bore the brunt of it. Girls were denied education and women were barred from working. In public and on the streets, women were forced to wear a burqa and be accompanied by a male relative. Merchants were ordered not to sell goods to unveiled women and rickshaw drivers were not allowed to pick up female passengers unless they were completely covered; women caught violating these rules were imprisoned, as were the merchant and the rickshaw driver.

Woman sentenced to 100 lashes by the Taliban [Credit: REUTERS/Pajhwok News Agency]

Besides the blatant subjugation of women, a number of other cruelties were also perpetrated by the Taliban upon the populace. Listening to non-Islamic music, watching television for entertainment, keeping birds as pets, flying kites, reading books that don’t relate to Islam, using the internet, and numerous other routine activities such as these were considered sinful. ‘Offenders’ were subject to public lashings at the very least. Thievery, adultery and murder were punished by stonings, amputations or even executions depending on the severity of the crime. A Ministry for the Propagation of Virtue and the Prevention of Vice, modelled after its Saudi counterpart, was adopted by the Taliban to enforce their barbaric law. Religious ‘vice and virtue’ police roamed the streets whipping women for having painted nails and beating men whose beards weren’t long enough. Moreover, all media were banned except one, Voice of Sharia, which broadcast nothing but propaganda and religious programmes.

Things changed for the better following the US-led invasion of Afghanistan in 2001. A democratic government was established and routine elections were held. The 2004 constitution gave women back many of the rights that had been snatched away from them. By 2017, 21% of Afghan civil servants were women (compared to none under the Taliban regime), 16% of them were in senior management positions, and 27% of Afghan members of Parliament were women. In 2020, girls accounted for 39% of students. These developments have significantly improved their socio-economic position.

The constitution also ensured freedom of speech and press to the Afghans. Admittedly, journalists and legal experts were often harassed and threatened, but it was a great improvement over the Taliban era where virtually all press was banned. The vice and virtue police’s activities were terminated and the Taliban’s frankly ridiculous restrictions on music, books, clothing and so on were lifted — all in all, things were beginning to look up for the people of Afghanistan.

However, as the Taliban regrouped and gained strength, the progress made started to get undone, particularly in the areas that fell under their control. And now that the US has hastily withdrawn their military, practically delivering Afghanistan to the extremists, will the country return to the dark ages of the 1990s? Will Afghan women who have been taught to hope for a better future have to slink back into a prison of veiled anonymity where the smallest of transgressions are deemed to warrant public punishment? Will the people be prohibited from engaging in simple everyday activities like listening to music or watching a play or searching something up on Google?

A senior commander of the Taliban Waheedullah Hashimi laid out the broad strokes of how Afghanistan will be governed: a council of Islamic scholars will determine the legal system and an Islamic government will be guided by Islamic law, not the principles of democracy. Nevertheless, the Taliban have projected a more moderate stance than that of their previous regime. Speaking at a press conference, Taliban spokesperson Zabihullah Mujahid said that the group’s days of harbouring terrorists are over. Moreover, he promised that women would have rights within the framework of Sharia:

“Women can work in the health sector and other sectors where they are needed. There will be no discrimination against women.”

Contrary to their public statements are their actions on the ground — Taliban forces are already committing atrocities. Government officials and security force members in their custody have been summarily executed. There have been reports of recruitment of child soldiers and repression of peaceful protest and expressions of dissent. The Taliban have raided homes of journalists and activists, seemingly searching for those who criticized them in the past. In places around the country, they have restricted girls’ education and turned down women from their offices. Universities have been asked to discuss gender segregation possibilities, and women are required to be accompanied by male members of their families in public. Radio and TV stations are playing only Islamic songs, the Associated Press reported.

So which version of the Taliban is true, the outwardly moderate one or the one apparent from the ground reality in Afghanistan? Only time will tell whether the former is just a farce to pacify the global community or a genuine evolution of their ideology. But even if the Taliban are more moderate, it is only relative to their 1990s regime. The truth is that Afghanistan is no longer democratic, Afghans are deprived of several choices under the Taliban’s strict version of Sharia Law, women’s rights under said law are very deficient when held to international standards, and the people still live in fear. Thus, there is no doubt that the Taliban takeover is a definite setback for Afghan rights and liberties.

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