In the two years since the Taliban took control of Afghanistan, there has been an alarming increase in repression. However, the resilience of Afghan girls and women remains unyielding as they continue to fight for their right to education and employment, even at great personal risk. The ongoing struggle faced by these individuals can only be described as “gender apartheid,” as aptly stated by the permanent representative of Afghanistan to the United Nations. The severity of these rights violations demands that it be recognized as a crime against humanity, warranting investigation by the International Criminal Court.
Despite the threat of arrest, detention, and torture, courageous children across Afghanistan are attending secret underground schools. Additionally, a recent initiative on internet learning in universities, supported by the UNHCR and Connected Learning in Crisis, has been launched. Many families have realized that emigration is the only way for their daughters to receive an education. However, there are still approximately 2.5 million girls and young women without any access to education, and another 3 million are on the verge of completing their primary education without the opportunity to continue to secondary school. This denial of education deprives yet another generation of Afghan girls the chance to pursue their aspirations and fulfill their potential.
Middle Eastern powers and Muslim-majority countries, including Pakistan, Turkey, Saudi Arabia, UAE, Qatar, and Iran, have joined the UN in condemning this repressive regime. They cite religious texts, such as the Qur’an, to emphasize that there is no religious justification for excluding girls and women from education. Sadly, global support for their cause has been insufficient in bringing about change. As Kandahar clerics demand the dismissal of all women employed by the UN, it is imperative for the international community to rally together and condemn these rights violations.
It is evident that Afghanistan’s exclusion of women and girls from secondary and tertiary education violates international human rights treaties. This includes the country’s failure to comply with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as its obligations under the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. These breaches of international human rights law have been widely condemned. The special rapporteur on human rights in Afghanistan, Richard Bennett, has called for the Taliban to restore equal access to quality education for women and girls.
Although Afghanistan has not ratified the necessary instruments for victims to petition treaty bodies, it can still be held accountable for ongoing violations through reporting requirements and mechanisms under the treaties. Furthermore, there is an opportunity for legal action under international criminal law. The exclusion of women and girls from education, coupled with other restrictions imposed by the Taliban, may constitute persecution. The International Criminal Court’s policy on gender persecution, issued in December 2022, highlights the severe deprivation of fundamental rights, including education, for individuals subjected to such persecution. The ICC prosecutor should consider gathering information to determine if there is a case for prosecution.
Individual states can also take action through their domestic law frameworks to condemn the Taliban’s repression. This can include imposing sanctions on individual members of the Taliban. However, more can be done. Firstly, it is crucial to demonstrate that education can reach Afghan girls by expanding online and radio courses. This can be achieved by enlisting more universities to offer online courses and making school curriculums accessible online, through radio, and TV. Secondly, organizations like Education Cannot Wait and UNICEF should be provided with resources to increase educational opportunities for Afghan girls both inside and outside the country, especially in Pakistan where many Afghan families have sought refuge. Thirdly, a delegation of Muslim-majority government leaders should engage the religious leadership in Kandahar to discuss their approach to women’s education. Finally, in order to support the return to education for Afghan women and girls, the international community should offer funding to the Taliban government, with the condition that girls’ rights are upheld and education is free from indoctrination. This funding should match the support provided between 2011 and 2021.
The protests conducted by Afghan girls highlight their understanding of the freedom and empowerment that comes with education. The millions of women who received an education in the past two decades are the strongest advocates for education for all. While regimes can temporarily silence dissent, censor books, and deny opportunities to girls, they cannot extinguish the spirit of the Afghan people. The demand for girls’ education will prevail, but it must happen soon.
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