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Apr 25, 2005

DePaul University College Of Law Professor, M. Cherif Bassiouni, Issues Report To U.N. Detailing Human Rights Abuses In Afghanistan

DePaul University Professor of Law M. Cherif Bassiouni presented a report to the United Nations Commission on Human Rights on April 22 in his capacity as Independent Expert for Human Rights in Afghanistan. The commission expressed its appreciation for Bassiouni’s efforts and adopted most of his recommendations. Noting that the human rights situation in Afghanistan had improved, it did not renew the independent expert's mandate.

While Bassiouni’s report reviewed key advances in Afghanistan’s democratic transition, it also revealed an array of serious human rights violations. The report drew special attention to repressive actions by factional commanders acting outside of government control, violations by state security forces and the national police, serious threats related to the growing opium trade, severe violations of women’s rights, and abuses committed by the United States-led coalition forces.

Bassiouni described Afghanistan as facing a critical historical moment: “the country’s future depends on strengthening the rule of law, improving the administration of justice, and promoting and protecting human rights,” he said.

The report was based on more than a year of research, documentation and consultations, including two trips to Afghanistan. During this process, Bassiouni met with senior governmental officials, including President Hamid Karzai, representatives of various governments and members of United Nations organizations working in the country. He also visited prisons and detention centers; met with Afghan human rights organizations, women’s groups, and array of national and international organizations; and interviewed victims of torture, illegal detention and other abuses.

The report highlighted a number of pressing human rights abuses including:

  • The absence of due process in arrests and detentions, as well as the use of torture by various government security and intelligence entities;

  • Severe threats to national security posed by the rapidly expanding illegal drug industry, which fuels corruption and provides significant economic power to factional commanders and others;

  • Unregulated activities of thousands of private security contractors who have been associated with a variety of human rights violations;

  • Deplorable conditions in prisons, particularly with regard to women and children;

  • Egregious violations of women’s human rights, including severe limitations on women’s access to justice, high levels of violence against women, and forced marriages as compensation for killings;

  • Trafficking in children, abusive child labor and other violations of children’s human rights;

  • Inadequate attention, services and rights for disabled people;

  • Actions by United States-led coalition forces, including arbitrary detentions under conditions commonly described as constituting human rights law and grave breaches of international humanitarian law.

    The report suggested a number of actions necessary for consolidating democratic gains and building the foundations of a stable society respectful of fundamental rights. Bassiouni’s central recommendation was that the Afghan government should work with the international community to develop a comprehensive strategic plan that links reforms in the administration of justice with actions to combat the illegal drug trade while supporting rural development and anti-corruption policies.

    Note to Editors: M. Cherif Bassiouni can be reached at 312/362-8332. To view Bassiouni's report click here.