Background

In 1996 the Taliban seized control of Afghanistan’s capital Kabul and introduced an extremist Islamic rule over the country. Women are excluded from society, punishments such as stoning to death and amputations are imposed and human rights abuses are prevalent under its regime. The Al Qaeda were also given a home to grow their international terrorist network in Afghanistan. After September 11, 2001, a US led coalition ousted the Taliban as part of the US’ ‘war on terror’. They created a transitional government led by Hamid Karzai to help restore governance and rule of law to the country. In March 2002 the UN Security Council voted to adopt resolution 1401, to establish a United Nations Assistance Mission in Afghanistan (UNAMA). The aim of UNAMA was to integrate the 16 UN agencies working in the country to help support the transitional government in the reconstruction and stabilization of Afghanistan.
 

After the Taliban
However, since the establishment of the interim government the human rights situation in Afghanistan has not yet much improved. Reports from humanitarian groups indicate that the people of Afghanistan continue to be plagued by fears of insecurity. The combination of violent crime, political intimidation and media censorship has created a significant sense of fear amongst civilians. Although Kabul itself is secure, the situation outside of the capital is dire. On August 11, 2003 NATO took command of the  International Security Assistance Force (ISAF) initially operational in Kabul. Therefore, under NATO's command the 5,500 strong force could only operate in and around Kabul making the rest of the country extremely unsafe and insecure. In October 2003, the UN Security Council adopted a resolution authorizing the expansion of ISAF's operations. However, this expansion has been slow in coming despite growing instability.

The March 31- April 1 Berlin Donor Conference (2004) raised $8.2 billion for Afghanistan over the next three years, with the U.S. contributing $2.2 billion for the next two years. The Afghan government of Hamid Karzai had hoped to raise $27.6 billion for the next seven years. Afghanistan, although one of the world's poorest countries, will receive substantially less aid next year ($4.5 billion) in comparison to Iraq, which will receive $20 billion.

Today

Many areas of Afghanistan remain under the control of warlords and drug-lords, who commit an extensive list of violations. In January 2004 the loya jirga (national council) adopted the new constitution, it was signed into effect by President Karzai on January 26, 2004, and the country was set to hold presidential elections in June. However, due to continuing insecurity and low voter registration, the presidential and parliamentary elections were initially postponed until September 2004. Once again, due to a lack of overall security and the time spent carrying out the disarmament process, the parliamentary elections have been postponed until April 2005 amid fears that militants will try to intimidators voters. 

At the June 28 NATO summit in Istanbul, Turkey, pressure was put on the alliance to step up its efforts to overcome security threats in Afghanistan. More than 50 NGOs have called on NATO to take more proactive steps to combat this increasing problem in the wake of yet more killings of election and aid workers by Taliban militants. Recent attacks have killed innocents who have been registering to vote or those working to register individuals.

These are but the latest terror attacks on civilians by the Taliban, who are strongly opposed to a democratically elected government in Afghanistan, and doubt has been cast on whether or not the country is ready to hold elections. This has put NATO in an increasingly difficult position, with the organizations credibility hanging in the balance.

In August, 2003 NATO assumed control of the International Security Advisory Force (ISAF) and in October of that year received a mandate to expand its forces outside Kabul. It has become apparent, however, that this goal has not been realized, as out of 6,500 NATO troops in the region, 6,200 are confined to Kabul – many of these protecting European embassies. Around 200 German troops are currently stationed in the northern provincial city of Kunduz - generally believed to be a relatively stable region despite the recent murder of 11 Chinese construction workers by Taliban sympathizers.

NATO has also failed to provide an extra 5,000 troops to aid in security for the elections. Moreover, Canada, who has provided one of the largest bodies of troops in Afghanistan, is set to withdraw around half of its 1,900 strong deployment in the area prior to the September elections. This has compounded concerns over security, especially as very few militia units, including some controlled by cabinet ministers, have been demobilized.

In many provinces outside Kabul, security forces are controlled by local military strongmen as a means of maintaining political power. This problem is exacerbated by the sheer numbers of armed combatants and military equipment under the control of these warlords. Thus more troops are urgently needed in the areas outside of Kabul if the elections are to become a reality. More than 10 million Afghans are entitled to vote in the elections but fewer than half have registered. The UN is reported in June 2004 to have registered 3.5 million voters, 35% of whom are women. The U.S. Department of State coordinator, Ambassador William Taylor, has reported the registration of 10,000 Afghans a week. The aim is to register 6,000 voters a day, although this figure is still low in the context of the number of Afghan people technically eligible to vote if registered.

These substantial difficulties have further been compounded by reports of torture and inhumane treatment of prisoners and civilians by NATO forces in the region. Human Rights Watch claim that U.S. forces have used excessive force when arresting non-combatants, mistreated detainees and used unprovoked deadly force on civilians when law enforcement standards and tactics should have been used. There is also evidence to suggest that Afghan forces working along side U.S. forces have mistreated persons during search and arrest operations and looted their homes. This, along with further reports of arbitrary arrests of civilians based around evidence from unreliable sources, as well as cases of civilians held indefinitely and incommunicado, only serve to fuel dissent in the region and strengthen the resolve of the warlords.

The most recent case to come to light is that of CIA contractor David Passaro, 38, who allegedly beat Afghan prisoner Abdul Wali with his hands, feet and a huge flashlight at a detention facility at Asadabad, five miles from the Pakistan border. Wali died in a cell on June 21. Passaro is indicted on two counts of assault with a deadly weapon. President Bush, in a prepared statement, said “the types of illegal abuse detailed run counter to our values and policies and are not representative of our men and women in the military and associated personnel serving honorably and admirably for the cause of freedom”.

Last updated July 15, 2004

Afghanistan's Constitution - signed into effect on January 26, 2004 by President Karzai.
+ TEXT OF CONSTITUTION