HRC59: Gender Apartheid in Afghanistan Faces International Scrutiny
The 59th Session of the Human Rights Council
16 June to 9 July 2025
Item 2: Interactive dialogue with the Special Rapporteur on the situation of human rights in Afghanistan
16 June 2025
Executive Summary
Taliban control since August 2021 dismantled Afghanistan’s constitutional and judicial structures. Male clerics without formal legal study now pass oral edicts inside all-male courts; every woman judge, prosecutor and defender stands removed. Mahram rules bar women from independent entry to clinics, markets and courtrooms.The United Nations Assistance Mission in Afghanistan (UNAMA) logged 180 public lash sentences in the first quarter of 2025. Girls cannot study above grade six and universities exclude women, which leaves 2.2 million adolescent girls outside education.
Hazara districts record land seizure and forced conversion, while journalists confront raids and closure orders. Pakistan and Iran forced more than 251 thousand Afghans across borders in April 2025, 96 thousand by direct deportation. Pakistani air strikes and shell fire struck frontier provinces during the same period. The United Nations counts 22.9 million Afghans who rely on aid that keeps them alive, yet the response plan holds only 15 % of required funds.
Special Rapporteur Richard Bennett, in report A/HRC/59/25, states that Taliban edicts turn the legal order into an instrument of domination: abolition of the 2004 Constitution, repeal of the Elimination of Violence against Women Law, dismissal of every woman legal professional, reversal of divorce rulings and the mahram rule form crimes against humanity and gender apartheid. Bennett calls for an independent mechanism to collect evidence, identify perpetrators and forward files to the International Criminal Court and the International Court of Justice; he also urges states to place gender apartheid within the catalogue of crimes against humanity.
During the Human Rights Council dialogue on 16 June 2025, High Commissioner Volker Türk, Deputy High Commissioner Nada al Nashif, Special Rapporteur Bennett, Afghan witnesses and state delegations confirmed systemic gender oppression. States demanded immediate restoration of women’s rights, an independent investigation, expanded humanitarian finance and strict benchmarks before any diplomatic contact. NGOs echoed these demands and pressed for direct support for Afghan women led groups and safe pathways for at-risk communities. Consensus now recognises Taliban rule as institutionalised gender apartheid; humanitarian collapse deepens; accountability and empowerment of Afghan women must anchor every international response.
Geneva International Centre for Justice (GICJ) condemns Taliban gender apartheid, urges swift creation of the investigative mechanism, backs codification of gender apartheid as a crime against humanity, demands verifiable rights benchmarks before any dialogue, direct finance for Afghan women-led civil society, safe corridors for at-risk groups and immediate release of detained journalists.
Background
Taliban forces captured Kabul on 15 August 2021 and voided the 2004 Constitution. UNAMA recorded the removal of every woman judge, prosecutor and public defender. Clerics without formal legal study now occupy benches, rely on oral edicts and impose weekly corporal punishment sessions; the Mission documented 180 public lash sentences between January and March 2025 alone. Mahram decrees deny women independent access to clinics, markets and courts. Inspectors order taxi drivers to refuse unescorted passengers, bar women staff from hospitals and confiscate beauty-salon stock set up inside private homes. Girls cannot attend classes beyond grade six and universities remain closed to women. UN briefers noted on 24 March 2025 that an extra 400,000 adolescent girls missed the new term, which raised the total excluded to 2.2 million. Hazara communities face land seizure and forced conversion cases while media outlets endure raids, shutter orders and bans on political debate.
Humanitarian data shows the depth of the crisis. The Secretary-General’s office told correspondents on 7 April 2025 that 22.9 million Afghans, almost half the population, depend on vital aid, a figure that places the country second only to Sudan on the global scale of need. Furthermore, cross-border pressure adds strain. The UNHCR warned on 29 April 2025 that Iran and Pakistan pushed more than 251,000 Afghans across frontier points in that month, over 96,000 by deportation, despite acute protection risks for women, minorities and journalists. Moreover, the agency sought an urgent US $71 million to shelter returnees and noted that mass expulsions risk further displacement inside Afghanistan. UNAMA also logged Pakistani airstrikes and shell fire in frontier provinces during the first quarter of 2025, incidents that deepened civilian loss. The cumulative effect of rights erosion, forced returns, aid shortfalls and insecurity steers Afghanistan toward chronic destitution and cements what UN leaders describe as gender apartheid.
Summary of Expert’s Report
Report Overview
The 2025 report Access to Justice and Protection for Women and Girls and the Impact of Multiple and Intersecting Forms of Discrimination (A/HRC/59/25) [1] by Special Rapporteur Richard Bennett documents a legal order that the Taliban refashioned into an instrument of domination. The text records suspension of the 2004 Constitution and the Elimination of Violence against Women Law, dismissal of every woman judge, prosecutor and defence lawyer, and the rise of all-male courts that apply oral decrees. A compulsory mahram rule excludes women from courtrooms, while annulment of thousands of divorces forces victims back to abusive unions. The report states that this pattern amounts to crimes against humanity and fits the concept of gender apartheid.
Legal Erosion and Humanitarian Fallout
Courts punish rather than protect. Complaints of assault receive silence or reprisal, sixteen journalists remain in prison, and two million refugees in neighbouring states face forcible return without due process. Twenty-two point nine million Afghans need aid while the response plan holds 16% of required funds. Food earmarked for widows often diverts to Taliban supporters. Hazara districts record land seizures, killings and mass displacement. Girls above grade six sit outside classrooms; women with disability and ethnic minorities confront layered barriers that block any attempt at redress.
Accountability Framework
Bennett calls for an independent international investigative mechanism with power to gather and preserve evidence, identify individual perpetrators and transmit case files to the International Criminal Court and the International Court of Justice. He urges states to add gender apartheid to the catalogue of crimes against humanity. The report also proposes universal-jurisdiction prosecutions, full political and financial backing for current ICC proceedings, and strict benchmarks on rights before any diplomatic contact with the de facto authorities.
Path Forward Led by Afghan Voices
Afghan women, girls and youth, in the Special Rapporteur’s words, must hold “front and centre” positions in every negotiation on the country’s future. The report advises direct support for women-led civil-society groups, expansion of education and livelihood projects inside Afghanistan, safe pathways for at-risk activists and sustained help for refugee-hosting states. Bennett warns that any move towards normal relations without verifiable rights progress would betray victims and corrode the Council’s credibility.
Interactive Dialogue
Opening Statements
United Nations High Commissioner for Human Rights Volker Türk convened the fifty-ninth Council session in Geneva on 16 June 2025 and set the tone with a demand for resolve to match “the gravity of the assault on Afghanistan’s legal safeguards”. He then introduced Deputy High Commissioner Nada al Nashif, Special Rapporteur Richard Bennett, Counsellor Mohibullah Taib of the Afghanistan Mission, plus three Afghan civil-society witnesses: university lecturer Zahra (pseudonym), education advocate Fatima Amiri, and researcher-poet Mariam Mitra.
Deputy High Commissioner al Nashif described a legal landscape stripped bare after the Taliban seizure of power. The 2004 Constitution lay void, every female judge stood dismissed, the Attorney-General’s Office no longer existed, and defence lawyers lacked space to act. Mahram decrees now barred women and girls from courts, legal counsel, or safe shelter, an arrangement that, in her words, “renders domestic-abuse survivors invisible with no real hope of protection”. She added that minority women and women with disabilities now faced “double exclusion”. She finished with a warning that Council credibility depends upon swift, united measures.
Special Rapporteur Bennett built on that outline. Testimony from almost two hundred Afghan women led him to conclude that Taliban edicts “weaponise the legal, judicial and social order to oppress women and girls” and create a pattern that “amounts to crimes against humanity and gender apartheid”. He rejected any talk of normalisation without concrete progress and urged an “all-tools” programme: political pressure, targeted sanctions, humanitarian aid, direct finance for Afghan women-led groups, assistance for States that host Afghan refugees, and schemes that enlist men and boys as allies.
Counsellor Mohibullah Taib, the counsellor from the Permanent Mission of Afghanistan, confirmed the same reality from a State viewpoint. Taliban decrees annulled statutory safeguards and placed courts in the hands of male judges, many without legal training. The Afghanistan Independent Bar Association vanished, no licensed female lawyer remained, and policing units for violence against women dissolved. Since February 2025 the repression deepened: bans on female medical study, silencing of women’s voices in broadcast media, reversal of divorces, live fire against peaceful marches, arbitrary arrests, and enforced disappearances. He urged a new UN investigative body to secure evidence for future prosecutions and declared that any dialogue must rest on measurable benchmarks such as immediate school access for girls and removal of Mahram rules.
University lecturer Zahra provided a personal arc through two Taliban eras. Forced into marriage at thirteen during the first regime, she reflected, “All I wanted was to stay in school, but at fourteen I became a mother.” Widowhood later left her as sole guardian of five children. Post-2001 advances allowed her to earn a master’s degree, teach at university, and serve in government, yet the 2021 takeover nullified all her accomplishments . She described armed searches, assaults on women at checkpoints for supposed dress faults, and letters that coaxed families to trade daughters for money. She arranged marriage for her nineteen-year-old daughter under fear and now holds clandestine lessons at home for younger daughters. Her plea: “Where is justice for Afghan women? Where is protection for girls who want to learn? Where is the action the world once promised?”
Education advocate Fatima Amiri lost an eye and an ear in an assault on a Kabul education centre. Undeterred, she passed the university entrance examination, only to find campuses closed soon after and employment barred. “Education is everyone’s right and should not sit like a special privilege,” she declared. She spoke of hidden study circles where girls pass books “like precious treasures” and asked States to shield underground schools, defend activists, and refuse recognition of the Taliban. “I wish to pass knowledge, not darkness, to the next generation.”
Researcher and poet Mariam Mitra reminded the Council that “women and men of Afghanistan are not passive”. Street marches, verse, song, and covert classrooms continue despite detention, torture, and death. She called for formal recognition of gender apartheid as an international crime, mandatory presence of women at every negotiation, wider protection corridors, expanded scholarships and relocation routes, and sustained resources for grassroots women-led bodies. Mitra closed with a verdict: “History will judge not only those who perpetrate these crimes but also those who remain silent.”
Countries and Regional Groups Statements
The delegation of Iceland, speaking for the Nordic-Baltic States, voiced alarm at what it described as a “widespread and institutionalised system of discrimination and oppression” that now excludes every woman judge, prosecutor and lawyer from Afghanistan’s courts. It stated that the scrapping of child-protection safeguards places girls and boys in adult legal arenas and deprives them of safe channels to report abuse. The delegation urged the Taliban to honour treaties already ratified by Afghanistan and asked the Special Rapporteur how States can empower civil society and youth to defend the rights of women and girls under present conditions.
The representative of the European Union called the human-rights situation “catastrophic” and labelled Taliban policies extreme gender-based discrimination that may amount to gender persecution, a crime against humanity under the Rome Statute. The statement reaffirmed unwavering EU support for the International Criminal Court, demanded Taliban compliance with international obligations and highlighted the plight of Hazara and other ethnic or religious minorities. It asked which avenues can break the cycle of impunity and secure accountability for violations against women and girls inside Afghanistan.
The delegation of Pakistan, on behalf of the Organisation of Islamic Cooperation, thanked the Deputy High Commissioner, noted the report and set out continuing concern over humanitarian, human-rights and socio-economic conditions. It urged the Taliban to reopen schools and restore women’s access to employment, citing clear Islamic principles. The statement also pressed for protection of ethnic, religious and cultural minorities, warned that shrinking humanitarian finance endangers millions, and called for decisive action against any terrorist activity on Afghan soil.
UNIFEM welcomed the Special Rapporteur report and recognised that the Taliban justice apparatus acts as a tool for gender oppression. Afghan women and girls lost legal safeguards, seats within the judiciary, secondary and tertiary education, most employment options, and any voice in public decision fora. Violence against women persists at a grave rate. Afghan women and women-led groups still show courage and resilience through community-based mechanisms that seek alternative routes to justice. UN Women echoed the call for strict human-rights benchmarks in any engagement with the de facto authorities and pressed for sustained finance for women-led organisations so that justice for Afghan women and girls stands at the heart of any future Afghan settlement.
UNICEF welcomed the Special Rapporteur report. Since 2022 the Fund has warned the Council about grave violations of child rights in Afghanistan, chiefly against girls.2.2 million girls now remain excluded from secondary school, and a ban on female higher education now covers medical institutes, which curtails health care for women. UNICEF urged the de facto authorities to lift each education ban without delay and to provide an effective remedy for every girl whose rights faced violation.
The representative of France aligned with the European Union statement and thanked the Special Rapporteur for evidence of systematic violations that Afghan women and girls face: they cannot use public transport without a male escort, must conceal their faces, and remain barred from medical study as well as many other fields. The delegate condemned these measures as dehumanising and said they qualify as gender-based persecution, a crime against humanity, which prompted France and five other States to refer the situation to the International Criminal Court in November 2024. The delegate ruled out any step toward normal relations until the Taliban end all abuses in line with Security Council resolution 2593, backed every initiative that deepens accountability, affirmed solidarity with Afghan women, pledged continued cooperation with the United Nations and NGOs, and asked the Special Rapporteur for concrete ways to advance the fight against impunity.
The representative of the United Kingdom voiced full support for the mandate and noted that four years after the Taliban takeover women and girls still lack education, employment, free movement and expression, while impartial courts remain out of reach. The delegate urged the Talibans to revoke these inhumane rules and protect every Afghan, including the Hazara minority. Twenty-three million Afghans now require humanitarian aid; the United Kingdom channels assistance through United Nations partners and remains ready to work for an Afghanistan in peace with itself, its neighbours and the wider world. The delegate warned that long-term stability cannot arise while half the population stays excluded, called for united international pressure and accountability, and requested the Special Rapporteur’s view on the immediate and future impact of the collapse of justice on Afghan society.
The representative of Qatar acknowledged the report, noted decades of conflict, disasters and terrorism that shape Afghanistan’s present humanitarian, social, political and economic crises, and argued that broad engagement with all Afghan stakeholders is vital for development and stability. Qatar has met its duties as an international partner by mediating between parties, hosting United Nations envoy meetings to forge consensus, and dispatching humanitarian aid to relieve Afghan hardship. Human rights figure prominently in Qatar’s talks with de facto authorities, and the delegate pledged to uphold women’s participation in peace efforts and their rights to education and work as part of wider protection for all Afghans. The delegate called upon the international community to supply technical expertise, financial resources and funds for a comprehensive humanitarian plan that would safeguard dignity across Afghanistan.
The representative of Japan expressed deep concern about Afghanistan’s humanitarian crisis and the institutionalised gender oppression Afghan women and girls face, highlighted exclusion of women from the justice system, and noted that ethnic minorities, persons with disabilities and refugees often remain without any avenue to justice or protection. The delegate warned that NGOs confront tighter restrictions, surveillance and arbitrary detention, called civil society a vital source of hope, and pledged aid for returnees, internally displaced people, maternal and child health services and women’s empowerment while pressing the Taliban to revoke oppressive edicts and respect peace, stability and human rights.
The representative of Canada welcomed the report, condemned persistent violence and discrimination by the Taliban, such as sexual violence in detention, and noted that unprecedented exclusion of women and girls from education, employment, political life and courts threatens long-term peace and stability. Canada stated that every victim needs accountability and justice, backed investigations under CEDAW, reaffirmed protection for human-rights defenders, and asked how the international community can document gender-based crimes in Afghanistan.
The representative of Australia thanked the Special Rapporteur, described Taliban erasure of women and girls from public life and denial of education, employment and movement, and agreed that this system amounts to crimes against humanity because survivors lack remedies, representation and protection. Australia recalled its 2024 initiative with Canada, Germany and the Netherlands that invoked Afghanistan’s responsibility under international law, urged a halt to gender-based discrimination, segregation and violence, and asked what further steps the global community can take to secure accountability for Taliban actions.
The representatives of Spain aligned with the European Union statement, honoured the dignity and resistance of Afghan women and their organisations, warned against indifference, and reaffirmed commitment to use the International Criminal Court and International Court of Justice to end violations. Spain supported an independent investigation mechanism to guarantee accountability and asked how Afghan women can gain seats in future national discussions and in the struggle against impunity.
The representative of Italy echoed the EU statement, expressed dismay at systematic institutionalised oppression of women and girls through removal of legal safeguards and discriminatory edicts, and noted that such oppression may constitute gender persecution under the Rome Statute. Italy highlighted hardship for children and women from minority and marginalised groups, pledged steadfast commitment to human-rights improvement, and asked the Special Rapporteur how the international community can support Afghan women and girls and secure tangible progress in their rights.
Non-Governmental Organisations
Representatives of non-governmental organisations concur that Taliban rule constitutes gender persecution, indeed gender apartheid. Women, girls, Hazara and other minorities endure arbitrary detention, sexual violence, torture, displacement, land seizures and wholesale removal from education, employment, public life and any legal remedy.
Furthermore, they report that access to justice has collapsed. Courts serve as instruments of repression; officials ignore complaints of domestic or sexual violence, and survivors face punishment. Sixteen journalists remain in prison, freedom of expression sits under strict control, and two million Afghan refugees in Pakistan and Iran face forced return without due process. Women with disabilities confront intersecting barriers that erase any prospect of protection or redress.
In parallel, a grave humanitarian deficit deepens the crisis. More than one-third of Afghans confront acute food insecurity, aid earmarked for marginalised groups often diverts to Taliban supporters, and civil-society workers face surveillance and arbitrary arrest. Hazara districts record forced displacement, seizure of ancestral land and killings, while illiteracy widens because girls above grade six stay out of school.
Consequently, all organisations call for a comprehensive, independent international investigative mechanism empowered to document past and ongoing violations, preserve evidence, identify perpetrators and forward files to the International Criminal Court and the International Court of Justice. Several voices urge states to codify gender apartheid as a crime against humanity.
Finally, the NGOs insist that Afghan women, girls, ethnic and other minorities must hold seats in every negotiation on the country’s future, and they press governments to refuse diplomatic normalisation until verifiable human-rights progress emerges. They demand larger humanitarian allocations, safe asylum pathways, disability-inclusive aid, sustained investment in Afghan grassroots organisations at home and in exile, and immediate release of detained journalists. Without these steps, they warn, the world abandons Afghan victims and leaves grave crimes unanswered.
Conclusion
At the close of the debate Ms Mitra reminded delegates that justice and protection are “not merely privileges but fundamental human rights,” and added, “Justice for women in Afghanistan is not just about laws on paper; it is about restoring dignity, agency and safety in their daily lives.” She urged every state to elevate women-led civil society and to recognise the present order as gender apartheid. Ms Amiri echoed that appeal, noting that four years of speeches have not altered facts on the ground and insisted upon concrete measures rather than further rhetoric.
The Afghan Counsellor warned that Afghanistan now stands as a test of the Council’s credibility and urged creation of a UN investigative body alongside formation of an inclusive administration that grants women and girls equal authority. Special Rapporteur Bennett outlined an all-tools strategy: full political and financial support for cases before the ICC and possibly the ICJ; a complementary investigative mechanism with a broad mandate; immediate funding for humanitarian response; fresh education and economic opportunities for Afghan women; greater assistance for refugee-hosting states; and strict human-rights benchmarks before any diplomatic contact with the Taliban. He noted that his mandate operates with only 30% of its approved resources and concluded that Afghan women, girls and youth must occupy the centre of every future discussion, since their exclusion would move the country further from the goal of a safe, stable and rights-respecting Afghanistan.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) condemns Taliban rule as gender apartheid that eradicates rights of women, girls, Hazara, and other minorities. Arbitrary detention, sexual violence, torture, displacement, land seizure, and exclusion from education, work, public life, and legal redress now prevail throughout Afghanistan.
GICJ urges the Human Rights Council to decide upon a comprehensive, independent, international investigative mechanism with authority to gather evidence of past and current violations, name individuals responsible, and transmit dossiers to the International Criminal Court and the International Court of Justice. It also invites States to codify gender apartheid as a crime against humanity.
GICJ calls for strict human rights benchmarks as prerequisites for every channel of dialogue with the de facto authorities, and insists that Afghan women, girls, and ethnic minorities must sit at the table where the country’s future will be shaped. Humanitarian assistance must reach women-led local groups; safe asylum routes must open for at-risk communities; donors must fund Afghan civil society within and outside the country; and journalists now in detention must walk free.
GICJ concludes that failure to act would betray Afghan victims and would permit grave crimes to persist without answer.
