Statement by the Afghanistan Freedom Front (AFF) On Initiative on accountability for Afghanistan’s violations of CEDAW declaration
The Afghanistan Freedom Front (AFF) welcomes any meaningful action by the international community to establish legitimate governance in Afghanistan based on the rule of law, and to hold the Taliban accountable for their crimes against humanity. In response to the initiative led by Germany, Australia, the Netherlands, and Canada – supported by other nations, the AFF sets forth its position as follows:
- The aforementioned nations, have invoked Article 29 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to demand that the Taliban cease their discriminatory practices against women and comply with CEDAW’s provisions. However, in the past three years, the Taliban have demonstrated an increasingly inflexible, violent, and inhumane approach, consistently ignoring both the legitimate demands of the people of Afghanistan and concerns of the international community. Their illegitimate seizure of political power, the annulment of Afghanistan’s constitution, and widespread gross human rights violations—including violations of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR)— have stripped the Taliban of any claim to legitimacy, both within Afghanistan and internationally.
Calling on the Taliban to comply with CEDAW, a group that neither acknowledges human rights nor holds legitimate authority to represent the people and government of Afghanistan, is not only counterproductive but also reflects a selective approach to human rights norms. The AFF underscores, based on international law and relevant UN instruments, that the fundamental principles of human rights—universality, indivisibility, and interconnectedness—require the international community to refrain from a selective approach to human rights in Afghanistan. Human rights must be respected universally, and all UN member states are obligated to protect and uphold them. Therefore, the focus should be on holding the Taliban accountable for war crimes, crimes against humanity, and severe violations of human rights, rather than merely requesting compliance with CEDAW.
- The International Court of Justice (ICJ), as a principal judicial organ of the United Nations, resolve disputes between states only if both parties accept the Court’s jurisdiction. The Taliban, having illegitimately seized control, are a terrorist organisation with no recognition of human rights, and they have no legal authority to represent the people or the government of Afghanistan in any international forum. Pursuing legal action against Afghanistan while it is under the control of a terrorist group will not produce positive results. Instead, it risks granting the Taliban undeserved international undeserved international legitimacy as the official representatives of the Afghan people.
The Taliban’s blatant disregard for human rights and human dignity is well-documented, making any expectation of compliance with global mechanisms such as the Universal Periodic Review (UPR), entirely unrealistic. Their treatment of the women of Afghanistan, marked by gender apartheid, underscores their complete incompatibility with human rights values. The AFF calls on Germany, the Netherlands, Canada, Australia, and other supporting nations to focus on recognizing gender apartheid as an international crime rather than pursuing legal action at the ICJ against a state occupied by a terrorist regime.
- While the ICJ’s rulings carry significant legal authority, they lack enforceability unless accepted by the parties involved or backed by political consensus among major powers for implementation. This makes the outcome of the initiative by Germany, Australia, Canada, and the Netherlands uncertain. Even if the initiative succeeds, its minimalist approach overlooks the critical necessity of establishing a legitimate and democratic government in Afghanistan. Worse still, it may even create the risk of legitimizing the Taliban regime through superficial compliance related to their treatment of women.
Given these concerns, the AFF once again expresses its gratitude to the goodwill of the international community for its efforts to support the people of Afghanistan in overcoming the Taliban’s illegitimate rule and establishing a new legal order based on the rule of law. However, the AFF firmly believes that the only path to sustainable peace and stability in Afghanistan, the region, and the world is to hold the Taliban accountable for their heinous crimes—war crimes, crimes against humanity, and gross violations of human rights—while supporting the people of Afghanistan in building a lawful and democratic state. The Taliban’s appeasement policies and selective approaches to human rights in Afghanistan will not yield positive outcomes. The AFF reiterates its call for the recognition of gender apartheid as an international crime and stands ready to work with the global community to pursue this goal.
