Afghanistan
Executive Summary
The United States has not recognized the Taliban or another entity as the government of Afghanistan. All references to “the pre-August 15 government” refer to the Islamic Republic of Afghanistan. References to the Taliban reflect events both prior to and after August 15.
Prior to August 15, the Islamic Republic of Afghanistan had a directly elected president, a bicameral legislative branch, and a judicial branch. The country held presidential elections in September 2019 after technical problems and security threats compelled the Independent Election Commission to reschedule the election multiple times. The commission announced preliminary election results on December 22, 2019, indicating that President Ashraf Ghani had won, although runner-up and then chief executive Abdullah Abdullah disputed the results, including after official results were announced February 18, 2020. Both President Ghani and Chief Executive Abdullah declared victory and held competing swearing-in ceremonies on March 9, 2020. Political leaders mediated the resulting impasse, resulting in a compromise on May 17, 2020, in which Ashraf Ghani retained the presidency, Abdullah was appointed to lead the High Council for National Reconciliation, and each of them was to select one-half of the cabinet members.
Under the pre-August 15 government, three entities shared responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security. The Afghan National Police, under the Ministry of Interior, had primary responsibility for internal order and for the Afghan Local Police, a community-based self-defense force with no legal ability to arrest or independently investigate crimes. Civilian authorities under the Ghani administration generally maintained control over the security forces, although security forces occasionally acted independently and committed numerous abuses. After August 15, security forces largely disbanded. The Taliban began to recruit and train a new police force for Kabul and announced in early October that the force had 4,000 persons in its ranks. The Taliban instructed pre-August 15 government employees to return to work, and the Ministry of Interior formally invited former police officers to return; however, returns were slow due to fear of retaliation and lack of salary payments.
The Taliban culminated its takeover on August 15 when Kabul fell to their forces. On September 7, the Taliban announced a so-called interim government made up almost entirely of male Taliban fighters, clerics, and political leaders, hailing from the dominant Pashtun ethnic group. As of December, the Taliban had announced most of its “interim cabinet” but had not outlined steps or a timeline to establish a new permanent government. The Taliban is a Sunni Islamist nationalist and pro-Pashtun movement founded in the early 1990s that ruled much of the country from 1996 until October 2001. The Taliban promoted a strict interpretation of Quranic instruction according to the Hanafi school of Sunni jurisprudence, seeking to eliminate secular governance.
Peace negotiations between representatives of the Ghani administration and the Taliban continued until August as the Taliban consolidated control over territory, but the talks failed to yield a political settlement or unity government. Throughout the year armed insurgents attacked Ghani administration forces, public places, and civilians, killing and injuring thousands of noncombatants. On August 15, as the Taliban approached Kabul, President Ghani fled the country, prompting an immediate collapse of the Afghan National Defense and Security Forces, and a political vacuum. Vice President Amrullah Saleh left the country shortly after as well.
Significant human rights issues occurred before and after August 15. Details of which group or groups perpetuated these human rights issues are addressed throughout the report. The human rights issues included credible reports of: killings by insurgents; extrajudicial killings by security forces; forced disappearances by antigovernment personnel; torture and cases of cruel, inhuman, or degrading treatment or punishment by security forces; physical abuses by antigovernment entities; arbitrary arrest or detention; serious problems with the independence of the judiciary; serious abuses in internal conflict, including killing of civilians, enforced disappearances and abductions, torture and physical abuses, and other conflict-related abuses; unlawful recruitment and use of child soldiers and sexual abuse of children, including by security force members and educational personnel; serious restrictions on free expression and media by the Taliban, including violence against journalists and censorship; severe restrictions of religious freedom; restrictions on the right to leave the country; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on and harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including but not limited to cases of violence against women, including domestic and intimate partner violence, sexual violence, child, early and forced marriage, and other harmful practices; trafficking in persons for forced labor and commercial sexual exploitation; violence targeting members of ethnic minority groups; violence by security forces and other actors against lesbian, gay, bisexual, transgender, queer, and intersex persons; existence and use of laws criminalizing consensual same-sex sexual conduct; severe restrictions on workers’ freedom of association and severe restrictions by the Taliban on the right to work for women; and the existence of the worst forms of child labor.
Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were common. The pre-August 15 government did not consistently or effectively investigate or prosecute abuses by officials, including security forces. After taking over, the Taliban formed a commission to identify and expel “people of bad character” from its ranks. On December 25, a Taliban spokesperson told media that the group had expelled 1,985 individuals, and that those accused of corruption and robbery had been referred to legal authorities. Local and provincial Taliban leaders formed similar commissions and reported rooting out corrupt members. Little information was available regarding how individuals were identified, investigations were conducted, or what their outcomes were.
On September 27, the Office of the Prosecutor of the International Criminal Court filed an application for an expedited order seeking authorization to resume the investigation of alleged crimes against humanity and war crimes committed in the country. The investigation had been deferred due to a request from the pre-August 15 government. The International Criminal Court prosecutor stated that the Taliban takeover represented a significant change of circumstances affecting the ongoing assessment of the pre-August 15 government’s deferral request. The prosecutor determined that there was no prospect of genuine and effective domestic investigations within the country of crimes defined by Article 5 of the Rome Statute. The prosecutor announced that if he receives authorization to resume investigations, he intends to focus his efforts on crimes allegedly committed by the Taliban and ISIS-K, a terrorist group based in Salafist ideology that is an affiliate of the Islamic State in Iraq and al Sham and which is active in South and Central Asia.
Taliban elements attacked religious leaders who spoke out against them, particularly between the February 2020 signing of the U.S.-Taliban agreement and the August 15 Taliban takeover. During the year many Islamic scholars were killed in attacks for which no group claimed responsibility. Nonstate and armed groups, primarily the Taliban and ISIS-K, accounted for most child recruitment and used children younger than 12 during the year. Insurgent groups, including the Taliban, used children as suicide bombers. Antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization workers, and other civilians. The UN Assistance Mission in Afghanistan reported thousands of civilian casualties in the first nine months of the year due to clashes between government and antigovernment actors. Many of these casualties were attributed to antigovernment actors; however, the Taliban did not claim responsibility for civilian casualties. The Taliban referred to suicide attacks as “martyrdom operations.” The Taliban engaged in targeted killings of perceived opponents in areas controlled by the pre-August 15 government and in reprisal killings as it moved across the country. After August 15, senior Taliban leadership announced a wide-ranging general amnesty that prohibited reprisals, including against officials and others associated with the pre-August 15 government, for actions before the Taliban takeover; however, credible reports were received of retaliatory acts, including extrajudicial killings and forced disappearances, both before and after this announcement.
Section 1. Respect for the Integrity of the Person
There were reports that the pre-August 15 government or its agents committed arbitrary or unlawful killings. The Attorney General’s Office maintained a specialized office to investigate cases involving the Ministry of Interior and its agencies, including the Afghan National Police. The Ministry of Defense maintained its own investigation and prosecution authority at the primary and appellate level; at the final level, cases were advanced to the Supreme Court.
Pajhwok News reported that on April 9 security forces manning a checkpoint in Uruzgan Province shot and killed a 10-year-old boy as he passed through the area. The father called on authorities to arrest his son’s killers and bring them to justice. There was no indication that authorities investigated the crime or brought charges against the officers involved.
Media published videos of Afghan National Defense and Security Forces (ANDSF) personnel allegedly killing a suspected Taliban sympathizer in Paktika on July 8 by forcing him to sit on an improvised explosive device (IED) and then detonating it. According to the reports, the suspected Taliban sympathizer was a local construction worker who was nearby when the IED was discovered. He was reportedly beaten by Afghan National Police and anti-Taliban militia members before being handed over to the ANDSF. According to the reports, a Defense Ministry spokesperson denied that the incident took place and called the videos “Taliban propaganda.”
After August 15, there were numerous reports of reprisal killings by Taliban fighters as they consolidated control of the country. The UN Assistance Mission in Afghanistan (UNAMA) and Human Rights Watch (HRW) received credible reports of more than 100 individuals associated with the previous administration and its security forces as being killed, tortured, or disappeared following the Taliban leadership’s August announcement of a general amnesty. Taliban leaders denied these incidents reflected an official policy and claimed many were attributed to personal disputes. According to BBC news, Taliban fighters executed two senior police officials – Haji Mullah Achakzai, the security director of Badghis Province and Ghulam Sakhi Akbari, security director of Farah Province.
A November report by HRW documented “the summary execution or enforced disappearance of 47 former members of the ANDSF – military personnel, police, intelligence service members, and paramilitary militia – those who had surrendered to or were apprehended by Taliban forces between August 15 and October 31, 2021.” Senior Taliban leaders declared a general amnesty and forbade reprisals, although reports persisted of local Taliban leaders engaging in such actions.
In November the Taliban conducted a crackdown in ISIS-K’s stronghold province of Nangarhar, reportedly sending more than 1,300 additional fighters. These fighters arrested, killed, or disappeared scores of suspected ISIS-K collaborators in the campaign. Sources in Nangahar reported observing dozens of decapitated bodies of alleged ISIS-K sympathizers in the crackdown’s aftermath.
Thousands of those who worked for or supported the pre-August 15 government or foreign entities, as well as members of minority groups, sought to flee the country on or after August 15 due to fear of reprisals. Others left their homes to hide from Taliban conducting house-to-house searches for government officials. Unknown actors carried out numerous targeted killings of civilians, including religious leaders, journalists, and civil society advocates (see section 1.g.).
In March, three women working for a television station in Jalalabad were killed in two incidents. Mursal Wahidi was killed as she walked home while Sadia Sadat and Shahnaz were killed in a separate incident on the same night, also while returning home from work. ISIS-K militants claimed responsibility for the attacks.
On May 8, a car bomb attack outside the Sayed ul-Shuhuda school in Kabul resulted in 300 casualties – mostly schoolgirls – including 95 killed. No group claimed responsibility. The attack occurred in a western district of the capital where many residents are of the mostly Hazara ethnic community.
On September 4, Taliban gunmen killed a pregnant policewoman in front of her family, according to the victim’s son. She had worked in Ghor prison and was eight months pregnant when she died. The Taliban spokesperson denied the accusation.
Both the pre-August 15 government security forces and the Taliban were responsible for forced disappearances.
UNAMA reported that the Taliban carried out abductions with 40 civilian casualties resulting from those abductions in the first six months of the year, a slight decrease from the same period in 2020 (see section 1.g.).
There were reports of enforced disappearances by the pre-August 15 government that included transnational transfers from the country to Pakistan, according to an August UN Human Rights Council report for the period of May 2020 to May 2021.
Although the 2004 constitution and law under the pre-August 15 government prohibited such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.
Nongovernmental organizations (NGOs) reported that the security forces of the pre-August 15 government used excessive force, including torturing and beating civilians. Despite legislation prohibiting these acts, independent monitors including UNAMA continued to report credible cases of torture in government detention centers.
There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The report showed that the Taliban held detainees in poor conditions and subjected them to forced labor.
On September 25, the Taliban hung a dead body in the central square in Herat and displayed another three bodies in other parts of the city. A Taliban-appointed district police chief in Herat said the bodies were those of four kidnappers killed by police that day while securing the release of two abductees.
On October 5, the Taliban hung the bodies of two alleged robbers in Herat, claiming they had been killed by residents after they attempted to rob a house.
Impunity was a significant problem in all branches of the pre-August 15 government’s security forces. Accountability of National Directorate of Security (NDS), Afghan National Police (ANP), and Afghan Local Police (ALP) officials for torture and abuse was weak, not transparent, and rarely enforced. There were numerous reports that service members were among the most prevalent perpetrators of bacha bazi (the sexual and commercial exploitation of boys, especially by men in positions of power). In May the minister of justice and head of the Trafficking in Persons High Commission reported on government efforts to stop trafficking in persons and bacha bazi, providing a readout of investigations and prosecutions, but he listed no prosecutions of security officers. The pre-August 15 government did not prosecute any security officers for bacha bazi.
The 2004 constitution in effect until the August 15 Taliban takeover prohibited arbitrary arrest and detention, but both remained serious problems. In the pre-August 15 period, authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or without regard to substantive procedural legal protections. Local law enforcement officials reportedly detained persons illegally on charges that lacked a basis in applicable criminal law. In some cases authorities improperly held women in prisons because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provided a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this stipulation.
There were reports throughout the year of impunity and lack of accountability by security forces by both the pre-August 15 government and the Taliban. According to observers, ALP and ANP personnel under the pre-August 15 government were largely unaware of their responsibilities and defendants’ rights under the law because many officials were illiterate and lacked training. Independent judicial or external oversight of the NDS, Major Crimes Task Force, the ANP, and the ALP in the investigation and prosecution of crimes or misconduct was limited or nonexistent. (See also section 1.g.)
The constitution under the pre-August 15 government provided for an independent judiciary, but the judiciary was underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.
Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. Corruption was considered by those surveyed by the World Justice Project 2021 report to be the most severe problem facing criminal courts.
Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common in the judiciary, and often criminals paid bribes to obtain their release or a sentence reduction (see section 4).
Because the formal legal system often did not exist in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system. UNAMA and NGOs reported several cases where perpetrators of violence against women that included domestic abuse reoffended after their claims were resolved by mediation.
In areas they controlled throughout the year, the Taliban enforced a judicial system devoid of due process and based on a strict interpretation of sharia. Punishments included execution and mutilation.
The law under the pre-August 15 government prohibited arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The law contained additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.
Pre-August 15, government officials entered homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.
Likewise, numerous reports since August indicated that the Taliban entered homes and offices forcibly to search for political enemies and those who had supported the NATO and U.S. missions. On December 29, the Taliban’s “interim minister for the propagation of virtue and the prevention of vice” decreed all Taliban forces would not violate anyone’s privacy, including unnecessary searches of phones, homes, and offices, and that any personnel who did would be punished.
Internal conflict that continued until August 15 resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation deteriorated largely due to successful insurgent attacks by the Taliban and terrorist attacks by ISIS-K. ISIS-K terrorist attacks continued to destabilize the country after August 15, and Taliban efforts to defeat the terrorist group resulted in numerous violent clashes. According to UNAMA, actions by nonstate armed groups, primarily the Taliban and ISIS-K, accounted for most civilian deaths although civilian deaths decreased dramatically following the Taliban’s territorial takeover in August.
Killings: UNAMA counted 1,659 civilian deaths due to conflict from January 1 to June 30, and 350 from August 15 to December 31. Pro-Islamic Republic forces were responsible for 25 percent of pre-August 15 civilian casualties: 23 percent by the ANDSF, and 2 percent by progovernment armed groups such as militias. Antigovernment elements were responsible for 64 percent of the total pre-August 15 civilian casualties: 39 percent by the Taliban, 9 percent by ISIS-K, and 16 percent by undetermined antigovernment elements. UNAMA attributed 11 percent of pre-August 15 civilian casualties to “cross fire” during ground engagements where the exact party responsible could not be determined and other incident types, including unattributable unexploded ordnance and explosive remnants of war.
During the year antigovernment forces, including the Taliban, carried out numerous deadly attacks against religious leaders, particularly those who spoke out against the Taliban. Many progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. On January 24, unidentified gunmen shot and killed Maulvi Abdul Raqeeb, a religious scholar, imam, and teacher. On March 3, Kabul University professor and religious scholar Faiz Mohammad Fayez was shot and killed on his way to morning prayers. On March 31, the ulema council chief in northern Takhar Province, Maulvi Abdul Samad Mohammad, was killed in a bomb blast when an explosive attached to his vehicle detonated.
On May 8, an elaborate coordinated attack on Sayed ul-Shuhuda girls’ school in Kabul deliberately targeted its female students in a mostly Hazara neighborhood, killing at least 90 persons, mostly women and girls. The Taliban denied responsibility, but the pre-August 15 government blamed the killings on the Taliban, calling the action “a crime against humanity.”
On June 12, a religious scholar in Logar Province, Mawlawi Samiullah Rashid, was abducted and killed by Taliban gunmen, according to a local Logar government official. In June, according to NGO HALO Trust, gunmen attacked a compound in Baghlan Province killing 10 de-miners. ISIS-K claimed responsibility for the attack in which there were indications the gunmen may have sought to target Hazaras specifically. Taliban fighters killed nine ethnic Hazara men from July 4 to 6 after taking control of Ghazni Province, according to Amnesty International. On July 22, the Taliban executed a popular comedian from Kandahar, Nazar Mohammad, after beating him, according to HRW. After a video of two men slapping and abusing him appeared in social media, the Taliban admitted that two of their fighters had killed him.
A former police chief of Kandahar and a member of the High Council on the National Reconciliation on August 4 stated that the Taliban had killed as many as 900 individuals in Kandahar Province in the preceding six weeks.
On August 24, Michelle Bachelet, UN high commissioner for human rights, stated during the 31st Special Session of the Human Rights Council that her office received credible reports of serious violations of international humanitarian law and human rights abuses in many areas under effective Taliban control.
An ISIS-K suicide bombing outside the Kabul Airport on August 26 killed more than 180 persons, including 169 civilians in a large crowd seeking to flee the country. ISIS-K claimed responsibility for the attack.
Taliban fighters allegedly engaged in killings of Hazaras in Daykundi Province on August 30; the Taliban denied the allegations.
On September 6, Taliban fighters in Panjshir reportedly detained and killed civilians as a part of their offensive to consolidate control over the province. Reports of abuses remained unverified due to a Taliban-imposed blackout on internet communications in the province. According to Amnesty International, on the same day, the Taliban conducted door-to-door searches in the village of Urmaz in Panjshir to identify persons suspected of working for the pre-August 15 government. Taliban fighters executed at least six civilian men, with eyewitnesses saying that most had previously served in the ANSDF, but none were taking part in hostilities at the time of the execution.
Antigovernment groups regularly targeted civilians, including using IEDs to kill or maim them. UNAMA reported the use of nonsuicide IEDs by antigovernment elements as the leading cause of civilian casualties in the first six months of the year.
A bomb attack targeting Taliban leadership at a mosque in Kabul on October 3 killed at least five civilians at the memorial service for the mother of Taliban spokesperson Zabiullah Mujahid.
ISIS-K launched several attacks on mosques in October. The attacks targeted the Shia community, killing dozens of worshipers in Kunduz, Kandahar. No group claimed responsibility for two attacks on December 10 in western Kabul targeting predominantly Shia Hazara neighborhoods.
On November 2, ISIS-K suicide blasts and gunfire at the main military hospital in Kabul left at least 20 persons dead and dozens more injured.
On November 3, the UN special rapporteur on human rights defenders and 11 other thematic UN special rapporteurs stated that Afghan human rights defenders were under direct threat by the Taliban, including gender-specific threats against women, beatings, arrests, enforced disappearances, and killings. The report noted that defenders described living in a climate of constant fear, with the most at-risk groups being defenders documenting alleged war crimes; women defenders, in particular criminal lawyers; cultural rights defenders; and defenders from minority groups. The Taliban raided the offices of human rights and civil society organizations, searching for the names, addresses, and contacts of employees, according to the report.
According to the UN secretary-general’s report on the situation in the country, eight civil society activists were killed (three by the Taliban, three by ISIS-K, and two by unknown actors between August and December 31.
Abductions: The UN secretary-general’s 2020 Children and Armed Conflict Report, released in June, cited 54 verified incidents of the Taliban abducting children. Of those, 42 children were released, four were killed, and the whereabouts of eight children remained unknown.
Child Soldiers: Under the pre-August 15 government’s law, recruitment of children in military units carried a penalty of six months to one year in prison. The Children and Armed Conflict Report verified the recruitment and use of 196 boys, of whom 172 were attributed to the Taliban and the remainder to pre-August 15 government or progovernment forces. Children were used in combat, including attacks with IEDs. Nine boys were killed or injured in combat. Insurgent groups, including the Taliban and ISIS-K, used children in direct hostilities, to plant and detonate IEDs, carry weapons, surveil, and guard bases. The Taliban recruited child soldiers from madrassas in the country and Pakistan that provide military training and religious indoctrination, and it sometimes provided families cash payments or protection in exchange for sending their children to these schools. UNAMA verified the recruitment of 40 boys by the Taliban, the ANP, and progovernment militias half in the first half of the year. In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and to place IEDs, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers. UNAMA reported the ANDSF and progovernment militias recruited and used 11 children during the first nine months of the year, all for combat purposes. Media reported that local progovernment commanders recruited children younger than age 16. NGOs reported security forces used child soldiers in the practice of bacha bazi.
The country remained on the Child Soldiers Prevention Act List in the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The pre-August 15 government’s Ministry of Interior took steps to prevent child soldier recruitment by screening for child applicants at ANP recruitment centers, preventing 187 child applicants from enrolling in 2020. The pre-August 15 government operated child protection units (CPUs) in all 34 provinces; however, some NGOs reported these units were not sufficiently equipped, staffed, or trained to provide adequate oversight. The difficult security environment in most rural areas prevented oversight of recruitment practices at the district level; CPUs played a limited oversight role in recruiting. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported that in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes. Pre-August 15 government security forces reportedly recruited boys specifically for use in bacha bazi in every province of the country.
While the pre-August 15 government protected trafficking victims from prosecution for crimes committed because of being subjected to trafficking, there were reports the government treated child former combatants as criminals as opposed to victims of trafficking. Most were incarcerated alongside adult offenders without adequate protections from abuse by other inmates or prison staff.
See also the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Other Conflict-related Abuse: After the August 15 Taliban takeover, there were fewer security and security-related incidents throughout the rest of the year. According to UNAMA, between August 19 and December 31, the United Nations recorded 985 security-related incidents, a 91 percent decrease from the same period in 2020. Security incidents also dropped significantly as of August 15 from 600 to less than 100 incidents per week. Available data indicated that armed clashes also decreased by 98 percent as of August 15 from 7,430 incidents to 148; airstrikes by 99 percent from 501 to three; detonations of IEDs by 91 percent from 1,118 to 101; and killings by 51 percent from 424 to 207.
The security environment continued to make it difficult for humanitarian organizations to operate freely in many parts of the country through August. Violence and instability hampered development, relief, and reconstruction efforts throughout the year. Prior to August 15, insurgents, such as the Taliban, targeted government employees and aid workers. NGOs reported insurgents, powerful local elites, and militia leaders demanded bribes to allow groups to bring relief supplies into their areas and distribute them. After the Taliban takeover, a lack of certainty regarding rules and the prevalence of conservative cultural mores in some parts of the country restricted operation by humanitarian organizations.
The period immediately following the Taliban takeover in mid-August was marked by general insecurity and uncertainty for humanitarian partners as Taliban operations included searches of NGO office premises, some confiscation of assets and investigation of activities. According to UNAMA, challenges to humanitarian access increased from 1,104 incidents in 2020 to 2,050 incidents during the year, the majority occurring in the pre-August 15 period at the height of fighting between the Taliban and government forces.
The cessation of fighting was associated with a decrease in humanitarian access challenges with only 376 incidents reported between September 17 and December 17, according to UNAMA. The initial absence of a clear Taliban policy on humanitarian assistance; lack of awareness of the humanitarian principles of humanity, neutrality, impartiality, and independence; sweeping albeit varied restrictions on women in the workplace; access problems; and banking challenges were also significant impediments to aid groups’ ability to scale up response operations.
After mid-August, geographic access by humanitarian implementing partners improved significantly, allowing access to some rural areas for the first time in years. Taliban provincial and local leaders expressed willingness to work with humanitarian partners to address obstacles to the principled delivery of humanitarian assistance. In September the Taliban provided written and oral assurances to humanitarian partners and increasingly facilitated access for the provision of humanitarian goods and services from abroad and within the country. Nonetheless, impediments to the full participation of women in management, delivery, and monitoring of humanitarian assistance programs remained a concern.
In October a Taliban official reportedly declared a prominent U.S.-based humanitarian aid organization an “enemy of the state.” Taliban forces occupied the organization’s Kabul offices, seized their vehicles, and warned that NDS officials were determined to “punish” the organization on alleged charges of Christian proselytization. Faced with mounting hostility and threats to arrest staff, the organization suspended its operations. The organization’s Kabul offices remained occupied by the Taliban.
In its campaign leading up to the August 15 takeover, the Taliban also attacked schools, radio stations, public infrastructure, and government offices. An explosives-laden truck destroyed a bridge in Kandahar’s Arghandab district on March 23. While the blast inflicted no casualties, part of the bridge used to connect the district with Kandahar city was destroyed. Sediq Sediqqi, Ghani’s deputy minister of interior affairs for strategy and policies, accused the Taliban of destroying the bridge, which Taliban spokesperson Mujahid denied.
Section 3. Freedom to Participate in the Political Process
The 2004 constitution provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The right to vote may be stripped for certain criminal offenses. Violence from the Taliban and other antigovernment groups interfered with, but did not prevent, the most recent presidential election, held in 2019. In September, after the Taliban takeover, the Taliban’s so-called chief justice was quoted as saying that the country would follow the 1964 Constitution with modifications until it drafted a replacement document. There was no further clarification, leaving uncertain whether there would be future elections or other democratic processes. The Taliban announced on December 27 that it was disbanding the Independent Election Commission, the Electoral Complaints Commission, and the Ministry of Parliamentary Affairs, stating they were “unnecessary for current conditions.”
Elections and Political Participation
Recent Elections: Elections were last held in 2019, and President Ghani’s second five-year term began in April 2020. President Ghani fled the country on August 15 as the Taliban approached Kabul. First Vice President Amrullah Saleh under President Ghani announced a government in exile in September. In September the Taliban’s spokesperson said future elections would be considered in the process of establishing a new constitution.
Political Parties and Political Participation: Under the pre-August 15 government, the constitution granted parties the right to exist as formal institutions. The law provided that any citizen 25 years old or older may establish a political party. The same law required parties to have at least 10,000 members nationwide to register with the Ministry of Justice, conduct official party business, and introduce candidates in elections. Only citizens 18 years old or older and who have the right to vote were permitted to join a political party. Certain members of the government, judiciary, military, and government-affiliated commissions were prohibited from political party membership during their tenure in office.
Before August 15, in large areas of the country, political parties could not operate due to insecurity. After August 15, the Taliban engaged with some political parties, including Gulbuddin Hekmatyar’s Hezb-e Islami. Senior leaders of other key parties left the country as the Taliban seized Kabul, including most notably the predominantly ethnic Tajik Jamiat Islami, the predominantly ethnic Hazara Hezb-e Wahdat, the predominantly Pashtun Islamic Dawah Organization, and the predominantly ethnic Uzbek Junbish-i-Milli. Taliban representatives reportedly maintained communication with those parties, but their ability to operate in the country was limited.
Participation of Women and Members of Minority Groups: No laws under the pre-August 15 government prevented women or members of religious or ethnic minority groups from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the largest ethnic group, the Pashtuns, had more seats than any other ethnic group in both houses of parliament, but they did not have more than 50 percent of the seats. There was no evidence authorities purposely excluded specific societal groups from political participation.
The 2004 constitution specified a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga (lower house of the national assembly), the constitution mandated that at least two women shall be elected from each province (for a total of 68). The Independent Election Commission finalized 2018 parliamentary election results in May 2019, and 418 female candidates contested the 250 seats in the Wolesi Jirga in the 2018 parliamentary election. In Daikundi Province a woman won a seat in open competition against male candidates, making it the only province to have more female representation than mandated by the constitution. The constitution also mandated one-half of presidential appointees must be women. It also set aside 10 seats in the Wolesi Jirga for members of the nomadic Kuchi minority. In the Meshrano Jirga (upper house), the president’s appointees were required to include two Kuchis and two members with physical disabilities, and one-half of the president’s nominees were required to be women. One seat in the Meshrano Jirga and one in the Wolesi Jirga were reserved for the appointment or election of a Sikh or Hindu representative, although this was not mandated by the constitution.
In many regions traditional societal practices limited women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. The 2016 electoral law mandated that 25 percent of all provincial, district, and village council seats “shall be allocated to female candidates.” Neither district nor village councils were established by year’s end.
Women active in government and politics before August 15 continued to face threats and violence and were targets of attacks by the Taliban and other insurgent groups.
In September the Taliban announced a “caretaker government,” dominated by ethnic Pashtun members with no women and only a few members of minority groups, none at the cabinet level. In late December the Taliban announced that a second member of the Hazara minority had been appointed to the government, this time as deputy minister for economic affairs.
On September 17, the Taliban closed the Ministry of Women’s Affairs and announced that the reconstituted “Ministry of the Propagation of Virtue and the Prevention of Vice” would be housed in its building. The Ministry of Women’s Affairs was founded in 2001 with a mandate to “implement government’s social and political policy to secure legal rights of women in the country.” The ministry often struggled with a lack of influence and resources.
According to media reports, the Taliban repressed members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community and would not allow members of historically marginalized minority groups to participate in ministries and institutions (see section 6).