1 December 2021, Stockholm, Sweden Parallel conference of the OSCE Civic Solidarity Platform

Дек 02.2021

“The situation in Afghanistan: not only a threat to the Human Dimension of the OSCE, but also to the whole world...", Human Rights Movement Bir Duino-Kyrgyzstan, member of the Civic Solidarity Platform and the Gender Equality Working Group, Tolekan Ismailova.

Dear members of the Parallel Conference of the Civic Solidarity Platform, back in 2009, UN Secretary-General Ban Ki-moon stated: "Without the support of the international community, Afghanistan will not be able to cope with its problems that threaten the security of the countries of the entire region and world as a whole.”  He emphasized that terrorism, drug trafficking and organized crime flourished in Afghanistan in an atmosphere of lawlessness and corruption. He also stated that those problems were not only a serious obstacle to transformation in the interests of the Afghan people. According to him, those problems went far beyond the borders of Afghanistan, and their solution required joint coordinated efforts.[i]

It is also important to recall the OSCE Strategy to Address Threats to Security and Stability in the 21st Century, adopted at the 11th Meeting of the OSCE Ministerial Council, Maastricht, on 1-2 December 2003, which is still relevant today: "Respect and compliance with international law and the principles of the Charter of the United Nations remain central to efforts to prevent and combat threats to stability and security. The United Nations Security Council bears primary responsibility for the maintenance of international peace and security and continues to play a crucial role in contributing to security and stability in the OSCE region. Compliance with OSCE norms, principles and commitments, from the Helsinki Final Act onwards, is an integral part of this framework. This Strategy aims to contribute to a more cohesive and effective international system for responding to global threats and challenges.”[ii]

“Even before the Taliban entered the capital city, Kabul, on 15 August 2021, the humanitarian situation in Afghanistan was one of the worst in the world. Nearly half of the country’s 40 million people needed humanitarian assistance. More than half of all children under age 5 were likely to face acute malnutrition. Over 1,600 civilians were killed and more than 3,000 injured in the first half of the year.”[iii]  Here are the latest 9 facts of horrors and tragedies in Afghanistan:[iv]

  1. Millions of Afghans have fled their homes. Afghans already constituted one of the world’s largest refugee populations worldwide. According to the UNHCR, since 2012, more than five million people have been in a state of so-called "protracted displacement", having the status of displaced persons from 10 to 26 years. UNHCR and partners are assisting newly displaced Afghans with life-saving shelter, food, water, and other items, both within Afghanistan and in neighbouring countries.
  2. An economic crisis is looming in the country. Afghanistan faces an economic crisis caused in part by the sudden withdrawal of large-scale development assistance, lack of access to cash, and reduced overseas remittances. 
  3. Health care is on the verge of collapse. Medicines, medical supplies and fuel are running out across the country. Cold chains for vaccines are compromised. Nurses and doctors are not being paid. 
  4. Schools have reopened... but not for everyone. "We've got around one million high school-age girls sitting at home, denied their right to an education," Samantha Mort of UNICEF Afghanistan told UN news. If children are not in school, they're much more likely to be recruited by an armed group, or to fall into early marriage or to be exploited in some way.
  5. Women’s and girls’ rights are at risk. A fourth wave of the coronavirus pandemic is possible in the country. The recent crisis has affected everyone in Afghanistan, but women and girls bear the consequences the most. Their rights and freedom of movement have been curtailed. Women’s rights, including to education, work and holding public office, are in danger of being rolled back.   Restricting women’s involvement in the workforce, including in humanitarian activities, will directly impact the ability of women and girls to access critical services and their participation in solving the problems that have arisen.
  6. Drought is causing continued hardship. The drought has pushed poor families to rely on child labour, early and forced marriage, and risky irregular migration. It has also led to a water scarcity crisis, which will further increase sanitation and hygiene needs.
  7. The UN is still there. "The people of Afghanistan must not pay the price of collective failures. They deserve a normal life in peace and dignity,” says Dr. Ramiz Alakbarov, UN Resident Coordinator and Humanitarian Coordinator in Afghanistan. “We will spare no effort to respond to the needs of all women, men, and children in Afghanistan.[v]" As stated in the OSCE Strategy, it is important to unite efforts to develop joint action plans for the formation of a more coherent and effective international system for a rapid and flexible response to global threats and challenges in Afghanistan.
  8. Harsh winter is coming. The struggles of millions of Afghans will be exacerbated by the cold weather. Plummeting temperatures are expected to lead to an increase in acute respiratory infections and deaths.
  9. The UN remains in Afghanistan to help people in need, wherever they are.

The UN works with humanitarian workers, including local volunteer teams, providing food, water, medical care, education, as well as protection and assistance in getting access to livelihoods opportunities. In order for the UN and partners to continue to provide humanitarian support, the international community has to fulfill its promises and provide urgent and flexible funding to finance programs and help.

About women activists in Afghanistan: The recent takeover of Afghanistan by the Taliban movement has greatly attracted the attention of the world community. However several months before this event, the United Nations already documented a record number of women killed in the country in 2020, including women civil society activists and journalists, as well as attacks on scientists, participants of the vaccination program and even female judges in the Supreme Court. At the same time, Afghan women were not included in negotiations with the Taliban in 2020. Only one woman was present at the meeting of representatives of the Taliban movement and the Government of Afghanistan, which was held in March 2021 in Moscow to discuss peace talks. Combating violence against women and their rights on the one hand, combined with their extreme marginalization and isolation on the other hand, continues to reflect the essence of the agenda on women and peace and security in 2021. The UN Women issued a statement, "We call on Afghanistan to secure the fundamental human rights of all, including women and girls, and to meet obligations to protect civilians and to provide humanitarians with unimpeded access to deliver timely and life-saving services and aid. Women’s and girls’ rights must be at the core of the global response to the current crisis.”[vi]

The impact of the situation in Afghanistan on the Human Dimension of OSCE: On 24 September 2021, at a meeting of the OSCE Parliamentary Assembly's Ad Hoc Committee on Migration with the participation of the Norwegian Refugee Council and the International Organization for Migration (IOM) the humanitarian crisis in Afghanistan was discussed. At the meeting, which was opened by the OSCE PA President Margareta Cederfelt (Sweden) and the recently appointed Chair of the Ad Hoc Committee Kristian Vigenin (Bulgaria), the impact that the internal situation has on the flow of refugees in the OSCE region was considered. The Committee members touched upon the challenges associated with acute food insecurity in Afghanistan, the threat of complete economic collapse in the country, as well as possible consequences for the already tense situation in the field of migration management in Europe. It was mentioned that the main attention of Governments should now be attracted to the protection of civilians and provision of financial assistance. Elizabeth Collett, Senior Advisor to the Director General of the International Organization for Migration, informed about the situation in the field of internal migration and said that the IOM is trying to preserve the sources of life support for civilians and provide access to vital services. She noted that it is extremely important to support the neighboring countries of Central Asia, which will bear the main burden of growing regional migration. She warned that despite the fact that there are no large-scale population migrations yet, everything can change quickly in case of further aggravation of the situation. She also pointed out the increased vulnerability of women to human trafficking during the crisis and the possible increase in the number of victims of human trafficking in Afghanistan.[vii]

During the discussion, the members of the OSCE PA Ad Hoc Committee noted the need to simultaneously provide humanitarian assistance and establish a system for managing migration flows based on the division of responsibility. They stressed that the burden of overcoming migration challenges should not fall solely on the shoulders of the countries of Southern Europe or Turkey. The members also touched upon the issue of the disorganized withdrawal of foreign contingents from Afghanistan and the role of previously adopted political decisions in the current situation. They emphasized that right now it is extremely important to support the Afghan people. Concern was expressed about the status of women parliamentarians in the country.[viii]

The situation with refugees from Afghanistan in the Central Asian region: The influx of a new wave of refugees from Afghanistan to Central Asia began at the end of June 2021, after the seizure of border areas by the terrorist Taliban. In the beginning, those were mostly soldiers and residents who were fighting with the Taliban. The Central Asian States were in an uncertain position regarding the acceptance of Afghan refugees. After the withdrawal of the NATO armed forces, the United States appealed to the heads of Central Asian countries with a request for temporary asylum for their partners from Afghanistan.

The President of Russia Vladimir Putin opposed this move, saying that refugees should not be allowed into Central Asia without visas. Tajikistan and Uzbekistan seem to have supported Moscow's position on this issue and have temporarily banned the deployment of Afghans who cooperated with NATO countries on their territory.

Unlike other Central Asian States, the authorities of Tajikistan have been preparing to receive Afghan refugees from the very beginning. The officials stated that they could accept up to 100,000 Afghans. The chairmen of the Sughd and Gorno-Badakhshan regions of Tajikistan announced their plans to create camps for Afghan refugees. [ix] However, experts believe that the prospect of such a mass migration is unlikely.

UNHCR representatives in Dushanbe told Ozodi Radio on 20 November that about 14 thousand refugees and asylum seekers live in Tajikistan today. Of these, 6.5 thousand arrived before the end of 2020, the rest arrived from January to September 2021. The UN has expressed its concern about the fact that Dushanbe deported Afghan asylum seekers last week. The statement of the Office of the United Nations High Commissioner for Refugees (UNHCR) posted on their website says that the Tajik authorities "forcibly returned" 11 asylum seekers to Afghanistan on 11 November, including women and children. The UN statement said that "people were deported to their home country prior to consideration of their applications for asylum and protection."[x]

Uzbekistan has not signed the UN Geneva Convention on the Status of Refugees. The Uzbek authorities deny that there are Afghan refugees in the country. According to human rights activists, there are now several hundred Afghan refugees in Uzbekistan, and all of them are experiencing difficulties. The Association for Human Rights in Central Asia (AHRCA) states that after the Taliban seized power in Afghanistan, at least 2,000 people moved from there to neighboring Uzbekistan. "Even if Uzbek legislation does not provide for the granting of refugee status, all these people are refugees in fact," emphasizes the head of the AHRCA, Nadezhda Ataeva, in an interview with DW.[xi]

Recommendations:

1. The OSCE and UN member States should fulfill their obligations to respect the principle of non-expulsion of asylum seekers to the country in which they are in danger.

2. The OSCE member states should bring their laws on combating extremism and terrorism into line with international obligations and the OSCE Human Dimension format.

3. Ensure the access of asylum seekers to the territory of the countries.

4. Provide access to the asylum procedure, both at the border and inside the country of asylum.

5. Afghanistan's neighboring countries, in cooperation with UNHCR and donor States, should promptly develop a procedure for separating armed persons from refugees. This will allow them not to close their borders and fulfill their international legal obligations in the field of refugee protection without compromising national security.

6. The countries should open their borders to Afghan refugees and provide them with sufficient protection.

7. Immediately stop the deportation of Afghan refugees.

8. Refugee camps should be located in safe and accessible areas of host countries at a safe distance from the border, as required by relevant international standards. It is necessary to have sufficient infrastructure and water supply. Humanitarian organizations should have full and unhindered access to the camps. It is unacceptable to keep refugees in conditions similar to detention. The safety of refugees and humanitarian workers should be guaranteed.

9. The Civic Solidarity Platform Working Group on Gender Equality should create a consultation platform together with the OSCE Parliamentary Assembly following the results of the regular meeting which took place on 9 September 2021 within the framework of the "Call to Action" initiative - the Helsinki + 50 process in order to consider the possible contribution of political leaders and parliamentarians from across the OSCE region to efforts to promote the agenda "Women, Peace and Security" with an emphasis on promoting the implementation of the UN Security Council Resolution No. 1325 in the OSCE region, taking into account new risks and challenges in the world, including the situation in Afghanistan.



[i]https://news.un.org/ru/story/2009/03/1143021

[ii] https://www.osce.org/ru/mc/17508

[iii] https://unsdg.un.org/ru/latest/stories/afganistan-devyat-faktov-o-gumanitarnom-krizise-i-otvetnykh-merakh-oon

[iv] hthttps://www.osce.org/mc/87557tps://unsdg.un.org/ru/latest/stories/afganistan-devyat-faktov-o-gumanitarnom-krizise-i-otvetnykh-merakh-oon

[v] https://unsdg.un.org/ru/latest/stories/afganistan-devyat-faktov-o-gumanitarnom-krizise-i-otvetnykh-merakh-oon

[vi] https://eca.unwomen.org/ru/news/stories/2021/08/statement-on-afghanistan

[vii] https://www.oscepa.org/ru/novosti-i-multimedia/press-relizy/press-2021/parlamentarii-obse-obsudili-na-zasedanii-spetsialnogo-komiteta-po-migratsii-situatsiyu-v-afganistane

[viii] https://www.oscepa.org/ru/novosti-i-multimedia/press-relizy/press-2021/parlamentarii-obse-obsudili-na-zasedanii-spetsialnogo-komiteta-po-migratsii-situatsiyu-v-afganistane

[ix] https://cabar.asia/ru/strany-tsentralnoj-azii-ne-gotovy-prinimat-bezhentsev-iz-afganistana

[x] https://rus.ozodi.org/a/31570758.html

[xi] https://www.dw.com/ru/afganskih-bezhencev-v-uzbekistane-net-chto-proishodit-na-samom-dele/a-59732658

 

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Feedback from our focus groups

SHAKHBOZ LATIPOV

SHAKHBOZ LATIPOV

Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”

FERUZA AMADALIEVA

FERUZA AMADALIEVA

Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.

NURIZA TALANTBEK KYZY

NURIZA TALANTBEK KYZY

I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”

SHUKURULLO KOCHKAROV

SHUKURULLO KOCHKAROV

The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.

DILYOR JUMABAEV

DILYOR JUMABAEV

Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”

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