Afghanistan

Afghanistan has been mired by chronic instability and conflict in its modern history, from the Cold War to the civil wars between the Mujahedeen and the Taliban. Most recently, Afghanistan has been the stage of the Afghan War (2001-2014) – fought between a coalition of US, NATO, and Afghan troops against the Taliban. International actors had maintained a peacekeeping force in Afghanistan until August 2021 when all troops were formally withdrawn following a peace deal brokered between the US and the Taliban. The withdrawal of all troops saw the Taliban violate the peace agreement, swiftly moving in to take control of the country and re-establish the Islamic Emirate of Afghanistan, reinstating Sharia Law.¹Kevin Seiff, “The Taliban has retaken control of Afghanistan. Here’s what that looked like last time.,” Washington Post, 15 August 2021, https://www.washingtonpost.com/world/2021/08/15/afghanistan-taliban-islamic-emirate/

The predominantly ethnic Pashtun Taliban emerged as a political force in 1996, when they took control of the capital Kabul and changed the name of the country from the Islamic Republic of Afghanistan to the Islamic Emirate of Afghanistan. Their rule was characterized by the near-total exclusion of women from public life and strict application of Islamic law.²Lindsay Maizland, “The Taliban in Afghanistan”, Council on Foreign Relations, 19 January 2023, https://www.cfr.org/backgrounder/taliban-afghanistan; Beatrix Immenkamp, “Afghanistan once more under Taliban rule”, European Parliamentary Research Service, PE 696.192 – 2 September 2021, https://www.europarl.europa.eu/RegData/etudes/ATAG/2021/696192/EPRS_ATA(2021)696192_EN.pdf

Since the 2021 takeover, the Taliban have reportedly summarily executed local government officials and state security personnel, as well as raided the homes of government officials, journalists, and human rights defenders. In addition, women’s rights have been significantly restricted.³“Afghanistan”, Human Rights Watch, https://hrw.org/asia/afghanistan

Historically, Afghanistan was religiously diverse, but the vast majority of non-Muslims fled after the Taliban consolidated control of the government in 1996. As a result, current estimates suggest that 99.7% of the country are Muslims – the majority of whom are Sunni.⁴ “Afghanistan”, CIA World Factbook, https://www.cia.gov/the-world-factbook/countries/afghanistan/  A small proportion, estimated to be less than 1%, are followers of other religions, such as Hindus, Sikhs, Bahá’ís, Christians, Buddhists, and Zoroastrians.⁵“Afghanistan”, All Party Parliamentary Group on Freedom of Religion or Belief, https://appgfreedomofreligionorbelief.org/afghanistan/; “Afghanistan” chapter in Annual Report 2021, United States Commission on International Religious Freedom, https://www.uscirf.gov/sites/default/files/2021-05/Afhanistan%20Chapter%20AR2021.pdf There are no estimates available for the number of non-religious or humanist individuals; those living in the country live in secrecy for fear of direct persecution.

Constitution and government

As a newly declared “Islamic Emirate,” a religious leader will now serve as the ultimate authority on law and governance of the nation, based on the Taliban’s interpretation of Islam – derived from Deobandi strand of the Hanafi school of Islam.⁶Arwa Ibrahim, “Explainer: The Taliban and Islamic law in Afghanistan”, Aljazeera, 23 August 2021, https://www.aljazeera.com/news/2021/8/23/hold-the-taliban-and-sharia-law-in-afghanistan; Shirin Jaafari, “Taliban’s ‘Islamic Emirate of Afghanistan’ is based on specific ideology”, The World, 10 September 2021, https://theworld.org/stories/2021-09-10/taliban-s-islamic-emirate-afghanistan-based-specific-ideology

On 7 September 2021, the Taliban announced an all-male caretaker government including an interior minister wanted by the US Federal Bureau of Investigation (FBI), as well as the reinstatement of the Ministry for the Enforcement of Virtue and Prevention of Vice (al-Amr bi al-Ma’ruf wa al-Nahi `an al-Munkir) – a ministry dedicated to the enforcement of the Taliban’s extreme interpretation of Islamic law.⁷Emma Graham-Harrison and Akhtar Mohammad Makoii, “Taliban name all-male Afghan cabinet including minister wanted by FBI”, The Guardian, 7 September 2021, https://www.theguardian.com/world/2021/sep/07/taliban-name-afghanistans-new-government

Immediately following the Taliban takeover, it was reported that the Taliban were be planning to re-institute the 1964 Constitution.⁸“Haibatullah Akhunzada to head Taliban govt in Afghanistan; new constitution, flag, anthem in the offing”, Firstpost, 2 September 2021, https://www.firstpost.com/world/haibatullah-akhunzada-to-head-taliban-govt-in-afghanistan-new-constitution-flag-anthem-in-the-offing-9931721.html; Ikramuddin Kamil, “What the Taliban’s Constitution Means for Afghanistan”, Fair Observer, 26 January 2022, https://www.fairobserver.com/region/central_south_asia/ikramuddin-kamil-afghanistan-constitution-taliban-news-afghan-world-news-43794/#; Constitution of Afghanistan 1964, https://www.constituteproject.org/constitution/Afghanistan_1964.pdf?lang=en However, at the time of writing, no such attempts appear to have been made. Instead, the Taliban leadership has indicated that Sharia law governs Afghanistan, unofficially revoking the 2004 Constitution;⁹Constitution of the Republic of Afghanistan 2004, https://www.constituteproject.org/constitution/Afghanistan_2004.pdf?lang=en any laws predating the Taliban takeover that do not conflict with Sharia law reportedly remain in effect. However, the Taliban leadership has not formally repealed laws that it deems inconsistent with Sharia law. Taliban representatives reportedly issue “guidelines” that are unevenly enforced across the country. As a result, the country does not have in place a clear and cohesive legal framework, judicial system, or enforcement mechanisms.¹⁰Afghanistan” Chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/

In September 2024, the leader of the Taliban, Hibatullah Akhundzada, reportedly called for closer cooperation between religious scholars and the government stating, “[t]he voice of the state and the pulpit must be unified for religion, the system, the nation, and the people to progress.”¹¹Amu TV, “Taliban leader defends new law, urges unified voice ‘between clerics and government’”, Amu Television, 20 September 2024, https://amu.tv/124897/

The government’s national identity cards indicate an individual’s religion as well as nationality, tribe, and ethnicity.¹²“Afghanistan” Chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/ In the current political climate, members of religious minority groups fear being targeted as data on their religious affiliation (provided they told the truth) is in the hands of the Taliban government.¹³Mindy Belz, “The Taliban seizes power while taking names”, World News Group, 16 August 2021, https://wng.org/articles/the-taliban-seizes-power-while-taking-names-1629135433 Non-religious individuals report lying for such records to avoid identification and persecution.

Impunity

According to Human Rights Watch:¹⁴“‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held

“Impunity for grave abuses has long been a problem in Afghanistan, where the current and previous governments have largely failed to hold officials accountable for rights violations or prosecuted pro-government warlords and militias for serious abuses. The Taliban claim that they hold members of their ranks, including commanders, accountable for abuses, but this has meant little in practice since Taliban officials have seldom considered many human rights abuses and violations of international humanitarian law as wrongful acts.”

Education and children’s rights

Historically, the primary focus of all schooling in Afghanistan has been instruction in Islam. According to the 2004 Constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develop the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan.”

In government-controlled schools, religious education was taught more than general education – this was particularly the case in areas where the Taliban held influence.¹⁵Dana Kamour & Meetra Qutb, “Women’s Rights and Education Under the Taliban”, LSE Blog, 27 September 2021, https://blogs.lse.ac.uk/southasia/2021/09/27/womens-rights-and-education-under-the-taliban/ In privately-run madrassas, the schooling was even more skewed, with the instruction almost entirely religious.¹⁶“‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held

In the initial wake of the Taliban takeover of Afghanistan, much was unclear about the future of education in the country, with very little coherence in policy.¹⁷ “Four Ways to Support Girls’ Access to Education in Afghanistan”, Human Rights Watch, 20 March 2022, https://www.hrw.org/news/2022/03/20/four-ways-support-girls-access-education-afghanistan

Analysis of Taliban educational policy documents dating to 2019 conducted by independent think tank ODI suggested that the Taliban’s first priority for education would be to:¹⁸Rahmatullah Amiri and Ashley Jackson, “Taliban attitudes and policies towards education”, ODI, February 2021, https://cdn.odi.org/media/documents/taliban_attitudes_towards_education.pdf

“fulfil spiritual needs and development, in so far as education is essential for an Islamic society. Ensuring all forms of education respect and adhere to Islam is a central principle.”

Indeed, Article 83 of the above mentioned Taliban policy document reportedly reads:¹⁹Rahmatullah Amiri and Ashley Jackson, “Taliban attitudes and policies towards education”, ODI, February 2021, https://cdn.odi.org/media/documents/taliban_attitudes_towards_education.pdf

“Teaching inappropriate and inaccurate subjects such as anti-jihad topics, immoral and anti-religion topics related to Muslim women, and subjects derived from the infidel laws, and other similar topics shall not be allowed.”

Upon the Taliban’s takeover in August 2021, girls were banned from obtaining a secondary education.²⁰Emma Graham-Harrison, “Taliban ban girls from secondary education”, The Guardian, 17 September 2021, https://www.theguardian.com/world/2021/sep/17/taliban-ban-girls-from-secondary-education-in-afghanistan Promises to allow girls back into segregated secondary schools in 2022 were not fulfilled.²¹United Nations Special Procedures, “Afghanistan: Quality education must be equally accessible to all, UN experts say“, 20 March 2023, https://www.ohchr.org/en/press-releases/2023/03/afghanistan-quality-education-must-be-equally-accessible-all-un-experts-say, Ruchi Kumar, “Taliban could be convinced to open girls’ schools, says Afghanistan ex-education minister”, The Guardian, 29 November 2023, https://www.theguardian.com/global-development/2023/nov/29/taliban-could-be-convinced-to-open-girls-schools-says-afghanistan-ex-education-minister Some reports suggest that girls of all ages are allowed to attend segregated education at local madrasahs.²²Edith M. Lederer, “UN is seeking to verify that Afghanistan’s Taliban are letting girls study at religious schools”, AP News, 21 December 2023, https://apnews.com/article/un-afghanistan-taliban-girls-education-madrassas-rights-e9cd91e58a3c0d80cf3a0d8c3d418e24; “Afghanistan” Chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/ Women teachers have been prohibited from teaching male students leaving a vacuum in many schools, where boys are taught by under-qualified male replacements.²³”‘Schools are failing boys too’ The Taliban’s impact on boys’ education in Afghanistan”, Human Rights Watch, 6 December 2023, https://www.hrw.org/report/2023/12/06/schools-are-failing-boys-too/talibans-impact-boys-education-afghanistan

According to Human Rights Watch’s research:²⁴“‘Schools are failing boys too’ The Taliban’s impact on boys’ education in Afghanistan”, Human Rights Watch, 6 December 2023, https://www.hrw.org/report/2023/12/06/schools-are-failing-boys-too/talibans-impact-boys-education-afghanistan

“The absence of female teachers — and the loss of their expertise – has contributed to some subjects not being taught, but the changes go beyond that. Subjects like sports, art, civics, and culture have often been replaced with additional hours dedicated to Quran and Islamic studies.”

In December 2022, Afghan news outlet Hasht-e-Subh, reported on a 2020 policy document that presented proposals to modify school curricula. While the authenticity of the document could not be verified, Human Rights Watch reports that the proposals outlined reflect experience reported by students participating in its recent research. Additionally, students report the promotion of so-called “islamic” views of women’s rights.²⁵“‘Schools are failing boys too’ The Taliban’s impact on boys’ education in Afghanistan”, Human Rights Watch, 6 December 2023, https://www.hrw.org/report/2023/12/06/schools-are-failing-boys-too/talibans-impact-boys-education-afghanistan

According to January 2024 media reports, the primary school curriculum is undergoing further revision, with the Taliban seeking to bring education into line with its interpretation of Sharia law.²⁶Fidel Rahmati, “Taliban changes educational curriculum to align with Sharia”, Khaama Press News Agency, 16 January 2024, https://www.khaama.com/taliban-changes-educational-curriculum-to-align-with-sharia/; AT News, “Taliban bring radical change to primary school curriculum”, Afghanistan Times, 16 January 2024, https://www.afghanistantimes.af/taliban-bring-radical-change-to-primary-school-curriculum/ The precise details of the revisions were not available at the time of reporting.

The Taliban is also reported to be attempting to reshape the curricula of higher education establishments, removing subjects deemed “modern,” and leaving only religious subjects intact.²⁷“Taliban removes modern subjects from the educational curriculum in Faryab province”, Kabul Now, 13 May 2023, https://kabulnow.com/2023/05/taliban-removes-modern-subjects-from-the-educational-curriculum-in-faryab-province/; Pola Lem, “Taliban begins religious reform of universities”, Times Higher Education, 29 June 2022, https://www.timeshighereducation.com/news/taliban-begins-religious-reform-afghan-universities

Corporal punishment

According to a report published by Human Rights Watch in December 2023, corporal punishment is becoming increasingly prevalent in schools. Students report being subjected to humiliation, beating, slapping, and foot whipping as forms of discipline.²⁸“‘Schools are failing boys too’ The Taliban’s impact on boys’ education in Afghanistan”, Human Rights Watch, 6 December 2023, https://www.hrw.org/report/2023/12/06/schools-are-failing-boys-too/talibans-impact-boys-education-afghanistan These practices illustrate the Taliban’s departure from the pre-existing legal framework. Under Article 39 of the 2008 Education Act²⁹Islamic Republic of Afghanistan Ministry of Education, Education Law Decree no. 56, 31/4/1387, https://planipolis.iiep.unesco.org/sites/default/files/ressources/afghanistan_education_law.pdf all forms of physical and psychological punishment are prohibited.

Family, community and society

Persecution of non-religious people

Since the Taliban takeover in August 2021, Humanists International has received an unprecedented number of requests from non-religious Afghans seeking to flee for their safety. Their number far outstrips the number of applications received from any other country, and has, at its highest, accounted for at least 32% of all requests for help that the organization has received.

Humanists International has received numerous reports from reputable sources of the Taliban undertaking door-to-door searches across Afghanistan in the wake of the takeover; the organization understands that many individuals perceived to be hostile to the Taliban, atheists, or collaborators with foreign agents were summarily executed following such raids.

Non-religious Afghans report threats from friends and family, as well as direct targeting by members of the Taliban and their supporters. They report having lived a largely ‘closeted’ life in order to secure their safety, some daring to form groups of like-minded individuals on social networks (read more about their experiences in the ‘testimony’ section below). Inevitably those contacting Humanists International are seeking to flee Afghanistan to secure their long-term future.

Political insecurity and violence against religion and belief minorities

Article 2 of the 2004 Constitution explicitly states that followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law” implying that Islam is privileged in some way – even implying a trump on the law. What little freedom religion and belief minorities may have benefitted from previously, has now been eradicated.³⁰ “Afghanistan” Chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/

The non-religious are rarely mentioned in reports on freedom of religion or belief in Afghanistan. From this, one could conclude that it is because holding a religion other than the dominant Sunni Islam is already so dangerous that admitting to holding no religious faith is too dangerous still.

Promotion of Virtue and Elimination of Vice

The Ministry for the Promotion of Virtue and prevention of vice – a ministry dedicated to the enforcement of the Taliban’s extreme interpretation of Islamic law – was officially reinstated in September 2021. However, the policing of “vice and virtue” has been an ever-present threat in areas that remained under Taliban control.³¹“‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held

During the rule of the former Taliban government, the ministry was one of the government’s most powerful offices, banning music and television, requiring women and teenage girls to wear a burqa and be accompanied by a male member of the family (mahram) when outdoors, and requiring men to grow beards. Beatings were a common punishment for failures to comply.³²“‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held

So-called “morality” officials have monitored residents’ adherence to Taliban-prescribed social codes regarding dress and behavior, including policing beard length, men’s attendance at Friday prayers, and the use of technology. Punishments for infractions since 2001 have ranged depending on those enforcing the rules in the respective province; while corporal punishment has been rare, the Taliban have been known to imprison residents or subject them to beatings.³³‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held

In August 2024, the Taliban approved the Law on the Propagation of Virtue and the Prevention of Vice, which imposes a detailed list of repressive provisions on citizens in the country, particularly women.³⁴AP, “The Taliban publish vice laws that ban women’s voices and bare faces in public,” Associated Press, 23 August 2024, https://apnews.com/article/afghanistan-taliban-vice-virtue-laws-women-9626c24d8d5450d52d36356ebff20c83; UN, “Afghanistan: Condemnation for new Taliban ‘virtue and vice’ order targeting women”, United Nations, 27 August 2024, https://news.un.org/en/story/2024/08/1153631; Muhammad Murad, “Virtue and Vice Law Further Affirms Taliban’s Power in Afghanistan,” The Diplomat, 31 August 2024, https://thediplomat.com/2024/08/virtue-and-vice-law-further-affirms-talibans-power-in-afghanistan/ Among those provisions are:

• The prohibition of speaking, reciting, or singing in public;
• The requirement for women to be fully covered in public;
• The prohibition of a woman from looking at a man who is not a relative.

Women’s rights – towards codification of “Gender Apartheid”

According to the United Nations Special Procedures, the Taliban has,

“implemented a system of discrimination with the intention to subject women and girls to total domination so egregious, that the collective practices constitute gender persecution, a crime against humanity, and has necessitated a discussion about the codification of ‘gender apartheid.’”³⁵Multiple mechanisms, “Afghanistan: UN human rights experts denounce idea of “reformed” Taliban”, Office of the High Commissioner for Human Rights, 14 August 2023, https://www.ohchr.org/en/statements/2023/08/afghanistan-un-human-rights-experts-denounce-idea-reformed-taliban

According to the UN High Commissioner for Human Rights,³⁶Volker Türk, United Nations High Commissioner for Human Rights, ”Afghanistan: Human rights in ‘state of collapse,’ warns Türk”, Interactive Dialogue on Afghanistan, 54th session of the Human Rights Council, 14 August 2023, https://www.ohchr.org/en/statements-and-speeches/2023/09/afghanistan-human-rights-state-collapse-warns-turk “Restrictions are becoming increasingly severe, quelling women and girls’ fundamental freedoms, effectively confining them to the four walls of their homes – to invisibility.”

In September 2021, the Taliban announced that women would not be able to attend university or work until it was possible to ensure segregation of the sexes and an “islamic environment.”³⁷Scott Neuman, “Kabul University chancellor says female students will be allowed, but segregated”, NPR.org, 2 October 2021, https://text.npr.org/1041102167; Shadi Khan Saif, “New minister’s hardline views raise fears for education”, University World News, 9 September 2021, https://www.universityworldnews.com/post.php?story=20210909084220729; “Taliban announce new rules for women and girls”, Deutsche Welle, 12 September 2021, https://www.dw.com/en/afghanistan-taliban-announce-new-rules-for-women-and-girls-education The Taliban imposed a similar “temporary measure” when it came to power in 1996, which was not lifted until the US invasion ousted the Taliban government in 2001.³⁸“‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held Consistent with previous form, the Taliban have not permitted women to return to work.

To date, women face an almost total ban on appearing in public life. They are forbidden from public parks, gyms, and public baths. Beauty salons have reportedly been closed. Women are banned from traveling more than 78 km without a mahram, or male chaperone. Women may no longer work for domestic or international NGOS, nor may they work for the United Nations (except in health care, nutrition, and primary education).³⁹Volker Türk, United Nations High Commissioner for Human Rights, ”Afghanistan: Human rights in ‘state of collapse,’ warns Türk”, Interactive Dialogue on Afghanistan, 54th session of the Human Rights Council, 14 August 2023, https://www.ohchr.org/en/statements-and-speeches/2023/09/afghanistan-human-rights-state-collapse-warns-turk; “Afghanistan” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/afghanistan Women’s access to routine and emergency healthcare is also extremely limited.

In January 2024, the United Nations expressed concern at reports that “scores of women and girls in Afghanistan have been arbitrarily detained and subjected to ill-treatment since early January for allegedly violating the Taliban’s dress code for women.” In May 2022, the Taliban ordered that all women observe “proper hijab” – preferably by wearing a chadari (a loose black garment covering the body and face) – in public, and made male relatives responsible for enforcing the ban or face punishment.⁴⁰Multiple Mechanisms, “Afghanistan: Taliban’s arbitrary arrests and detention of women and girls over dress code must end immediately, UN experts say”, UN Office of the High Commissioner for Human Rights, 2 February 2024, https://www.ohchr.org/en/press-releases/2024/02/afghanistan-talibans-arbitrary-arrests-and-detention-women-and-girls-over

Reports indicate that Taliban-imposed restrictions have dramatically affected the participation of women and girls in political, public, economic, and socio-cultural life, and led to a significant increase in spousal and intrafamily violence against women and girls.⁴¹Richard Bennett, the Special Rapporteur on the situation of human rights in Afghanistan, and Dorothy Estrada-Tanck, Chair of the Working Group on discrimination against women and girls, “A/HRC/53/21: Situation of women and girls in Afghanistan – Report of the Special Rapporteur on the situation of human rights in Afghanistan and the Working Group on discrimination against women and girls”, Office of the High Commissioner for Human Rights, 15 June 2023, https://www.ohchr.org/en/documents/country-reports/ahrc5321-situation-women-and-girls-afghanistan-report-special-rapporteur An August 2024 report conducted by the Centre of Information Resilience identified that at least 332 women have been killed by men since the Taliban takeover. A further 840 women and girls have reportedly been subjected to domestic violence since January 2022.⁴²Mark Townsend, “Hundreds of cases of femicide recorded in Afghanistan since Taliban takeover are ‘tip of the iceberg’”, The Guardian, 15 August 2024, https://www.theguardian.com/global-development/article/2024/aug/15/hundreds-of-cases-of-femicide-recorded-in-afghanistan-since-taliban-takeover-are-tip-of-the-iceberg [accessed 20 September 2024]

LGBTI+ Rights

In February 2018, Afghanistan adopted a new Penal Code⁴³Ministry of Justice, Penal Code of 2017, 15 July 2017 Official Gazette Nr 1260, available from International Humanitarian Law Databases, https://ihl-databases.icrc.org/en/national-practice/penal-code-2017 that explicitly criminalized consensual same-sex relations. Under the Taliban’s strict interpretation of Sharia law, members of the LGBTI+ community accused of same-sex sexual relations may face the death penalty or extra-judicial killing.⁴⁴“Afghanistan”, Human Dignity Trust, https://www.humandignitytrust.org/country-profile/afghanistan/

Human Rights Watch reports that, since seizing control of Afghanistan, the Taliban and its supporters have carried out acts of violence against members of the LGBTI+ community with impunity.⁴⁵“Afghanistan: Taliban target LGBT Afghans”, Human Rights Watch, 26 January 2022, https://www.hrw.org/news/2022/01/26/afghanistan-taliban-target-lgbt-afghans

Freedom of expression, advocacy of humanist values

Prior to the Taliban’s takeover of Afghanistan, freedom of expression was theoretically guaranteed in Afghanistan – unless it went against national interests or personal privacy – under Article 34 of the Constitution. In practice, however, such freedom had rigid margins and limitations, in particular when it ran up against religion.⁴⁶“Afghanistan: Campaign of targeted killings by militant groups imperils Afghanistan’s already vulnerable civic space”, PEN International, https://www.pen-international.org/news/afghanistan-campaign-targeted-killings-militant-groups-imperils-vulnerable-civic-space

Under Taliban rule, the space for freedom of expression, association, and assembly has shrunk significantly. Human rights defenders, activists, journalists, and peaceful protesters have faced growing restrictions, including violence, arbitrary arrest, unlawful detentions and torture.⁴⁷“Afghanistan” chapter in Amnesty International Report 2022/2023, Amnesty International, https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/afghanistan/report-afghanistan/; “Afghanistan” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/afghanistan; “Afghanistan: Education activists arbitrarily detained: Ahmad Fahim Azimi and Seddiqullah Afghan”, Amnesty International, 2 February 2024 https://www.amnesty.org/en/documents/asa11/7663/2024/en/; “Afghanistan: Taliban de-facto authorities must end chilling crackdown on dissent”, Amnesty International, 26 April 2023, https://www.amnesty.org/en/documents/asa11/6722/2023/en/

Freedom of assembly

On 7 September 2021, the Taliban announced that protests, in general, are illegal unless approved ahead of time. Journalists covering some protests have said that Taliban officials have told them that reporting on protests is also now illegal.⁴⁸“Afghanistan: Taliban Severely Beat Journalists”, Human Rights Watch, 8 September 2021, https://www.hrw.org/news/2021/09/08/afghanistan-taliban-severely-beat-journalists

Demonstrations against the Taliban’s implementation of restrictions on the rights of women and girls have been broken up, with protesters facing beatings.⁴⁹“Afghanistan: Stop punishing women protesters”, Amnesty International, 7 December 2023, https://www.amnesty.org/en/documents/asa11/7509/2023/en/; Fereshta Abbasi, “Afghan Women Protest Against Taliban Restrictions”, Human Rights Watch, 7 September 2021, https://www.hrw.org/news/2021/09/07/afghan-women-protest-against-taliban-restrictions; “Afghanistan: Taliban wasting no time in stamping out human rights says new briefing”, Amnesty International, 21 September 2021, https://www.amnesty.org/en/latest/news/2021/09/afghanistan-taliban-wasting-no-time-in-stamping-out-human-rights-says-new-briefing/; “Afghanistan: Suppression of protests at odds with Taliban’s claims on human rights”, Amnesty International, 8 September 2021, https://www.amnesty.org/en/latest/news/2021/09/afghanistan-suppression-of-protests-at-odds-with-talibans-claims-on-human-rights/

Culture and artistic expression

Bans on technology and the playing of music have been in place in Taliban-controlled areas, such as Helmand or Kunduz provinces, for years; enforced by civilian “police.” Access to technology is also tightly controlled in order to prevent individuals watching videos or listening to music.⁵⁰ “‘You have no right to complain’ Education, social restrictions, and justice in Taliban-held Afghanistan”, Human Rights Watch, 30 June 2020, https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held On 26 August 2021, the Taliban declared that music had once again been banned across the country. The ministry for promotion of virtue and prevention of vice is responsible for enforcing the Taliban’s doctrine, including in the field of arts and culture. The Ministry has been responsible for imposing harsh censorship measures and perpetrating acts of violence.⁵¹“Artistic Exodus: Afghan artists fleeing Taliban rule”, Artistic Freedom Initiative, November 2023, https://artisticfreedominitiative.org/projects/artistic-freedom-monitor/afghanistan/

In August 2020, the Taliban reportedly killed a local singer in Takhar Province as he returned home from a wedding.⁵²“Afghanistan” chapter in 2020 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2020-report-on-international-religious-freedom/afghanistan/ On 28 August 2021, celebrated Afghan folk singer Fawad Andarabi was shot dead at his home in the Andarab Valley in the northern Baghlan province. This incident occurred two days following the announcement by Taliban spokesperson Zabihullah Mujahid that music was “forbidden in Islam’”⁵³ “Freemuse stands in solidarity with artists and cultural actors in Afghanistan”, Freemuse, https://freemuse.org/statements/freemuse-stands-in-solidarity-with-artists-and-cultural-actors-in-afghanistan/

‘Apostasy’

According to the Article 1 of the Penal Code, punishments for Hudud and Qisas crimes, including ‘apostasy’ are inflicted in accordance with the Hanafi Jurisprudence of Sharia law, which includes the death penalty for non-believers and apostates.

With regard to non-believers and apostates, very few incidents are recorded, though this probably means that many converts and dissenters from Islam generally are simply too afraid to speak out. Assuming or defending any right to criticize, abandon or renounce Islam is considered a taboo even by many people who adhere to broadly democratic values.

Under some interpretations of Islamic law, converting from Islam to another religion is deemed ‘apostasy’ and considered an egregious crime. Those found guilty may be given three days to recant, or face death.

In September 2024, it was reported that the Taliban’s Minister of Higher Education – who has supported the issuance of fatwas calling for the killing of infidels – labeled social media users spreading criticism of the Taliban in pashto as “apostates.”⁵⁴ AmuTelevision, “Nada Mohammad Nadim, the Minister of Higher Education of the Taliban, has called social media users “apostates” at a conference in Kabul “, Twitter, 6 September 2024, 6:16PM, https://x.com/AmuTelevision/status/1832105702602764664; The Rights Monitor, “Senior Taliban official labels social media users as “apostates””, The Rights Monitor, 7 September 2024, https://thermmedia.com/senior-taliban-official-labels-social-media-users-as-apostates His comments are reported to be in response to international criticism of the Taliban regime on social media. The minister reportedly urged the public not to trust those criticizing the Taliban in pashto claiming that social media users “show no respect for religious scholars, do not recognize the honor of the mujahid [Taliban fighters], and do not respect Islam and the Quran.” Some social media users reported fears that the use of the label “apostate” against those who criticize Taliban policy may be used as justification for violent reprisal.⁵⁵ Amin Kawa, “Taliban Reignite Calls for Killings, Labeling Social Media Users as Apostates”, 8am.media, 9 September 2024, https://8am.media/eng/taliban-reignite-calls-for-killings-labeling-social-media-users-as-apostates/

‘Blasphemy’

‘Blasphemy’ – which can include anti-Islamic writings or speech – is a capital crime under the Hanafi interpretation of Islamic law.⁵⁶“Afghanistan” Chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/ As a result atheists and freethinkers are forced to hide their beliefs and the only way they can express their thoughts is anonymously through social media. For males over age 18 and females over age 16 of sound mind, an Islamic judge may impose a death sentence for ‘blasphemy’. Similar to apostates, those accused of blasphemy are given three days to recant or face death.

In September 2024, the Taliban’s Ministry of Justice reportedly released a statement warning that any criticism of the Taliban’s laws will be deemed as criticism of Sharia, and will face Sharia-based punishment.⁵⁷Afghanistan International, “Taliban’s Ministry of Justice Threatens To Prosecute Critics of Their Laws”, Afghanistan International, 12 September 2024, https://www.afintl.com/en/202409125337; AmuTelevision, “Taliban warns critics of laws will be referred to court”, Amu Television, 12 September 2024, https://amu.tv/123198/

Testimonies

“I have been living like a fugitive since the day I spoke about leaving Islam and my beliefs. All my relatives and friends rejected me. Some relatives called my marriage and my son illegitimate and some even wanted to kill me. I lost my freedom and my job, and I also lost a child in my wife’s womb that was not yet born. I feared I would lose my life, my wife and my child as well.”
– Anonymous, August 2023

“Openly identifying as an atheist is akin to signing a death warrant. Islamic teachings propagate hostility towards those who reject the faith. Consequently, secrecy becomes a survival instinct for atheists. Even my own brother refrained from revealing his atheism for fear of reprisal.

“This silence left me feeling isolated, a sentiment compounded by the pervasive influence of Islam on every aspect of society. From education to festivals, Islamic principles dictated the norms, making it challenging to dissent. The struggle was not just intellectual but also practical; I found myself having to navigate a society filtered through the lens of Islam while harboring views that contradicted its teachings.

“At times, I had to play a charade, attending mosque prayers to avoid punishment and further isolation. It was a delicate dance between self-preservation and conformity.”
– Atal (allonym), January 2024

“My curious mind has led me to exploring questions about science and Humanist philosophy. Becoming an atheist as a result of my curiosity, and on some occasions, openly discussing scientific issues and evolution even with my closest friends has put me in trouble. In Afghanistan nothing ends without a reference to God. That reference to god always stopped me from further exploring things openly with people. So I had to explore and talk to likeminded people on social media and Facebook, with, of course, a pseudonym, and openly challenge them and openly ask questions to satisfy my curiosity. The problems I will be facing if my atheistic views become apparent will be too grave, not only from authorities but also from my work colleagues and even my family. When my colleagues go to the mosque to pray I have to go with them, to avoid suspicion or I may be brutally murdered.”
— Khalid

“As an atheist I’m facing constant problems with family, friends, and even in dealing with people at the university campus and the community at large. Having any beliefs outside of Islam or that of which is not compatible with Islam and its teachings are considered an unforgivable crime. Such a view is prevalent throughout society, family, friends and even at the university, which is supposed to be a place to question and doubt; Not to mention that such beliefs are systematically reinforced by the constitution and the state’s laws. Thus, I am closet atheist, and my Secular Humanist views are limited to social media and to myself alone. The environment in Afghanistan is suffocating for freethinkers and Humanists. There are two ways available to me and others like me: Either stay quiet for your entire life which in turn is an imposed punishment for a social being like humans, or voice your concern for equality, freedom of thought and expression publicly. But to what cost?”
— Arash Kargar (pseudonym)