Key points

• The Taliban have taken steps to promote discipline and oversight according to a new report by the UN mission in Afghanistan (UNAMA)
• However, these steps have lack sufficient transparency on oversight and accountability measures, for such institutions as the Supreme Court
• UNAMA recommendations include strengthening accountability by clarifying the rules governing the use of force, arrest, detention, searches and crowd policing

Five years after the Taliban seized power, such grave concerns as human rights violations, detention and discrimination against women and girls continue to be consistently raised by UN agencies and partners, from UN Women to the Security Council.

Since the takeover, UNAMA has monitored the situation of governance, rule of law, security and human rights across Afghanistan, including developments in domestic law, the criminal justice system and respect for victims’ rights.

UNAMA reports have already highlighted a significant lack of public information on the status of investigations or actions to hold perpetrators of human rights violations to account.

Insufficient transparency

While de facto authorities have taken some positive steps, there has not been enough transparency on oversight and accountability measures, the report highlights.

The findings examined bodies such as the so-called Security and Filtration Commission and the Ministry of Propagation of Virtue and Prevention of Vice, which were set up according to the Taliban’s strict interpretation of Sharia Law, replacing the former democratic constitution.

“The limited amount of public information on complaints received, investigations conducted and disciplinary or judicial actions taken by relevant de facto bodies undermine confidence and weaken deterrence,” said Georgette Gagnon, Deputy Special Representative of the Secretary-General and head of UNAMA.

She said the suspension of the constitution had resulted in “a blanket annulment of all former [existing] laws”.

Unresolved complaints

In the report, UNAMA documented instances where the de facto authorities conducted arrests and investigations of reported misconduct of security personnel – some of which were referred to Taliban military courts.

At the same time, many complaints reportedly remain unresolved, the report found.

Elements which are discouraging people from coming forward include fear of reprisals, lack of trust in institutions and barriers, particularly for women who are subjected to multiple restrictions in their daily lives, the report found.

Accountability

Ms. Gagnon said visible and consistent accountability measures should ensure that rules are applied equally and to every person, including those in positions of authority.

“Improving accountability is a legal obligation of the de facto authorities and a necessary step towards improving governance and respect for human rights, which support Afghanistan’s stability and its compliance with international obligations as a basis for the country’s reintegration into the international community,” she said.

UNAMA recommended de facto authorities strengthen accountability across all security institutions by ensuring that clear rules, procedures and codes of conduct are in place, consistent with international standards.

This includes clarifying the rules governing the use of force, arrest, detention, searches and crowd policing, establishing clear standards of professional conduct and requiring all personnel to report misconduct, with commanders responsible for enforcing discipline.

Read the full report here.