A New Dusk, Inside the Burqa: A Saga of Afghan Women under the Taliban
Written by Shofa Umrotul Hasanah, Universitas Brawijaya
The rise of Taliban regime in Afghanistan began in 2021, when they took over Kabul, the heart of Afghanistan. This moment urged women on a venture to reclaim their rights.
Restriction of their fundamental rights; right to education, employment, and right to freedom, has elicited pros and cons from the international community. Taliban restricts their rights, from private to public life, from clothing restrictions to higher education and job market restrictions.
Their regime still adheres to a fundamentalist vision of sharia. However, their decision looks more tactical, than just ideological.
In a joint report to the UN Human Rights Council (UNHRC), Richard Bennet, Special Rapporteur on human rights in Afghanistan, and Dorothy Estrada-Tanck, Chair of the Working Group on discrimination against women and girls, said the condition of women and girls in Afghanistan is considered the most severe globally.
The Taliban have used a systematic approach to restrict the women and girls’ human rights, thereby suppressing various facets of their lives. These actions have led experts to suggest that the treatment may be classified as a form of “gender apartheid”. International law defines “apartheid” as a legal system of racial segregation that began in South Africa.
Global scholars are increasingly agreeing that “apartheid” can also apply to gender concerns, like in Afghanistan.
Article 1 of the Apartheid Convention declares apartheid a crime against humanity and UN Charter violation. Although not yet codified in international law, gender apartheid is a crime against humanity.
From my perspective, as a party to several human rights law instruments: ICCPR, CEDAW, ICESCR, CRC, and signatory of the UDHR. It would be anomaly to not enforce these instruments properly. Although they reserved all provisions of the Conventions articles incompatible with the sharia, there is no Islamic evidence (dalil), that authorizes them to restrict these fundamental rights.
Additional limits on 20 written and verbal directives on girls’ education barred Afghan women from secondary education, university, and some fields (including law and journalism). In fact, right of education is guaranteed by Article 26 of the UDHR, Article 13 of the ICESCR, and Article 10 of CEDAW.
Taliban restrict Afghan women’s employment. Some lost their employment; others can only work from home. Discrimination against women working on humanitarian projects, they even banned to work in UN. Even journalists quit for fear of repression. In casu, this right guaranteed under Article 23(1) of the UDHR, Article 6 of the ICESCR, and Article 11 of the CEDAW.
Gyms and parks are off limits to women. Restrictions to clothing. Before the Taliban regime retook power, 27% of Afghan women were parliamentarians. No women serve as ministers in the new Afghanistan government.
Articles 13, 18, 19, and 20 of the UDHR and 18, 19, and 22 of the ICCPR guaranteed the right of freedom of movement and political expression. Considering the Taliban’s violation of Article 7(1) of the Rome Statute may constitute crimes against humanity, the ICC Prosecutor should investigate them, notably their commander.
Thus, restricting Afghan women’s education, work, and freedom constitutes gender apartheid and a crime against humanity. Taliban violates their fundamental human rights, not only ideological; it appears tactical. ICC must take decisive action against the Taliban. Taliban violates international law and rebirth a new dusk for Afghan women.
Hopefully, the awakening of Afghan women will come soon —
As a new dawn; the rise of Afghan women.
