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Journal articles on the topic 'Human rights, afghanistan'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 January 2023

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1

Cenda-Miedzińska, Klaudia. "Stanowisko Afganistanu wobec przyjęcia instrumentów międzynarodowej ochrony praw człowieka, cz. I: lata 1919–1973." Polityka i Społeczeństwo 19, no. 2 (2021): 16–33. http://dx.doi.org/10.15584/polispol.2021.2.2.

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The article is the first part of studies showing Afghanistan’s path towards adopting international instruments to protect human rights. Based on acts of national law, Sharia law, and historical sources, the text analyses the conditions that, from the time of regaining independence to the fall of the Kingdom of Afghanistan, led the State to accept or reject international human rights agreements. The structure of the article corresponds to the research objectives, which are: to show the codification of human rights in the internal legal order right after regaining independence, the role that Sharia and Pashtunwali played in the adoption of international human rights acts, the attitude of Afghanistan to these instruments in the context of the internal political situation of the State. Special attention was paid to the understanding of human rights in Nizam Nama-e-Dowlat Alliyeh Afghanistan, Osol-e-Assasi Dowlat-e-Allia-e- Afghanistan, Assasi Qanun, Pashtunwali, the conflict of Sharia law with international law concerning the equality of women, freedom from torture and inhuman, degrading treatment, right to life and religious freedom, analysis of changes in the political arena of the State.

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2

Rubin, Barnett R. "Transitional justice and human rights in Afghanistan*." International Affairs 79, no. 3 (May 2003): 567–81. http://dx.doi.org/10.1111/1468-2346.00323.

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3

Ayotte, Barbara. "Womenʼs Health and Human Rights in Afghanistan." Journal of Ambulatory Care Management 25, no. 2 (April 2002): 75–77. http://dx.doi.org/10.1097/00004479-200204000-00009.

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4

Oransky, Ivan. "Sima Samar: safeguarding human rights in Afghanistan." Lancet 368, no. 9552 (December 2006): 2047. http://dx.doi.org/10.1016/s0140-6736(06)69823-1.

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5

Rasekh, Zohra. "Women's Health and Human Rights in Afghanistan." JAMA 280, no. 5 (August 5, 1998): 449. http://dx.doi.org/10.1001/jama.280.5.449.

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6

De Lauri, Antonio. "Access to justice and human rights in Afghanistan." Crime, Law and Social Change 60, no. 3 (April 26, 2013): 261–85. http://dx.doi.org/10.1007/s10611-013-9440-3.

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7

Ross, James D. "Promoting Human Rights." Ethics & International Affairs 16, no. 2 (September 2002): 27–32. http://dx.doi.org/10.1111/j.1747-7093.2002.tb00393.x.

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All wars—and the current war on terrorism is no exception—provide serious tests for the rule of law. The demands of armed conflict, with its instantaneous decisions of life and death, do not lend themselves easily to legal constraint. It is thus not surprising that the United States, which has been outspoken historically on matters of human rights, would become less attentive to those concerns after coming under deadly attack. For Human Rights Watch (HRW) and other human rights organizations, the primary concern since September 11 has been to demonstrate that upholding fundamental rights, whether on the battlefields of Afghanistan or in the detention facilities at Guantánamo Bay, is not only consistent with fighting international terrorism, but is, in essence, what the war is all about. The unwillingness of the Bush administration to embrace this idea bodes ill for the protection of rights as the war on terrorism reaches across the globe.

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8

Stephenson, Jon. "REVIEW: A revelation about human rights and the ‘war on terror’." Pacific Journalism Review : Te Koakoa 12, no. 2 (September 1, 2006): 200–202. http://dx.doi.org/10.24135/pjr.v12i2.874.

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Review of The Great War for Civilisation: The Conquest of the Middle East, by Robert Fisk Since 9/11 and the US-led invasion of Afghanistan and Iraq, British journalist Robert Fisk has built a huge following as a staunch critic of George W. Bush’s ‘war on terror’. But Fisk’s cogent—often controversial—analysis of American foreign policy and Western meddling and mendacity in the Middle East is nothing new: based in Beirut, he has reported for 30 years on conflicts from Algeria to Afghanistan.

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9

Tomar, Sangeeta. "Human Rights Concern and Conditions of Women in Afghanistan." India Quarterly: A Journal of International Affairs 58, no. 1 (January 2002): 153–64. http://dx.doi.org/10.1177/097492840205800112.

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10

Ahmad, Khabir. "UN condemns Taliban's continued human rights abuse in Afghanistan." Lancet 354, no. 9180 (August 1999): 752. http://dx.doi.org/10.1016/s0140-6736(05)75997-3.

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11

Young, John. "Human Rights and the Right to Culture in China." Practicing Anthropology 24, no. 1 (January 1, 2002): 28–31. http://dx.doi.org/10.17730/praa.24.1.k39514395524n60p.

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As anthropologists we are often preoccupied with our own circumscribed studies of local communities. Only during World War II did we embrace the global dimensions and importance of cultural differences. Many Western anthropologists who have recently, and as a matter of conscience, become concerned with globalization have abandoned the concept of culture as an organizing principle, perhaps in part because they confuse cultural relativism with moral relativism, and perhaps because it is fashionable to denounce their forebears. As professionals I think we must deal with the cultural dimensions of a problem first before making moral judgements. I remain convinced that the concept of culture is a useful tool for understanding and shaping macro-level political understanding and dialogue, in somewhat the same way as Ruth Benedict and others demonstrated more than half a century ago. American policy failures in the international arena, of which the war in Afghanistan is one result, are related to arrogance (ethnocentrism) which breeds ignorance of other cultures and a lack of comparative perspective on American culture as well. Human rights is one issue where the United States is blindly pushing its own agenda to its own detriment.

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12

Pradnyawan, Sofyan Wimbo Agung, Arief Budiono, and Jan Alizea Sybelle. "Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan." Audito Comparative Law Journal (ACLJ) 3, no. 3 (November 16, 2022): 132–38. http://dx.doi.org/10.22219/aclj.v3i3.23237.

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From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban’s political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state

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13

Andersen, Susan M., and Christina S. Kooij. "Adult literacy education and human rights: a view from Afghanistan." Globalisation, Societies and Education 5, no. 3 (October 25, 2007): 315–31. http://dx.doi.org/10.1080/14767720701662022.

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14

Wong, Tiffany. "Introduction – The German Law Journal's Human Rights Symposium (2012)." German Law Journal 13, no. 1 (January 2012): 52–53. http://dx.doi.org/10.1017/s2071832200020356.

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My motivation in putting together this Human Rights Symposium for the German Law Journal (GLJ) is based on a number of events in the news this year: recent outbreaks of political protests in Libya and Egypt, on-going wars in Iraq and Afghanistan and natural disasters in Haiti and Japan, that have re-opened questions about human rights in the 21st century on a global scale.

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15

WESTING, ARTHUR H. "Towards a universal recognition of environmental responsibilities." Environmental Conservation 26, no. 3 (September 1999): 157–58. http://dx.doi.org/10.1017/s0376892999000211.

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It was just over 50 years ago that the fledgling United Nations expressed its revulsion against the German wartime atrocities, doing so by means of a Universal Declaration of Human Rights (UNGA 1948). The 30 principles declared in 1948 were eventually solidified in 1966 via two widely-adopted international covenants (Afghanistan et al. 1966a, b). However, the need for environmental conservation was nowhere directly mentioned in any of these three landmark documents. Nonetheless, their fundamental principle that every human being has the inherent right to life (UNGA 1948, Article 3; Afghanistan et al. 1966a, Article 6.1) has been inferred to imply the need for an environment adequate for the fulfillment of that right (Westing 1993).

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16

Danchin, Peter G. "Transitional Justice in Afghanistan: Confronting Violations of International Humanitarian and Human Rights Law." Yearbook of International Humanitarian Law 4 (December 2001): 3–51. http://dx.doi.org/10.1017/s1389135900000817.

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After more than two decades of war and foreign interventions, including the recent US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has now entered a period of transition and rebuilding. It joins a host of other countries — from South Africa to Sierra Leone to East Timor — seeking to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights and international humanitarian law. Afghanistan presents one of the most confronting case studies of ‘transitional justice’, what Teitel has described as the issue of how societies deal with their ‘evil pasts’.

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17

Ventevogel, Peter, Ruhullah Nassery, Sayed Azimi, and Hafizullah Faiz. "Psychiatry in Afghanistan." International Psychiatry 3, no. 2 (April 2006): 36–38. http://dx.doi.org/10.1192/s1749367600001594.

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Afghanistan's historic strategic position between the great civilisations of India, Persia and Central Asia has made it from the very beginning both a crossroads for trade and cultural exchange and an almost continuous battlefield. In the years since the Soviet invasion in 1979 the country has become the stage of an ongoing complex humanitarian emergency. The period of Soviet occupation was characterised by massive human rights violations. The Soviet army and its allies were involved in indiscriminate bombardments and targeted executions, while the mujahedeen were involved in guerrilla warfare. The USSR was forced to withdraw in 1989 and the remnants of Afghanistan's communist regime were defeated in 1992.

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18

Hussain, Mehmood. "War on Terror and the United States Human Rights Violations in Afghanistan and Pakistan: An International Law Perspective." Central Asia 90, Summer (July 20, 2022): 87–110. http://dx.doi.org/10.54418/ca-90.171.

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The 9/11 attacks triggereda paradigm shift in the United States security policy, prioritizing to ensure homeland security and to fight against the terrorism in the new American strategy.The United States invasion of Afghanistan further ravaged the existing fragile state damaging the already crumbling socio-economic and human infrastructure. In addition, the spillover of war into Pakistan started a new era of instability and misery further complicating the socio-economic fabric of the country making it the most vulnerable to terrorism related incidents. The two decades prolonged conflict not only destroyed the economic, social, and political infrastructure in both states, meanwhile mass human rights violations have been committed by the coalition forces under the leadership ofthe United States. In this context, the present paper investigates human rights abuses through the prism of international human rights law. The study addresses the following questions. (a) To what extent the United States war against terror violates the international law of human rights, and how it helpsWashington to reconsolidate the regional hegemony. (b) Whetherthe war on terror improve the situation of human rights or further aggravate the conditions of civilians in targeted states. The studyunderlinesthat the war on terror failed to meet the merit of the right to intervene for self-defense, yet the coalition forces deliberately assimilatethe innocent civilians underthe vagueanti-terror war rhetoric. In addition, the war serves the United States hegemonic interests in South Asia, as the American presence in Afghanistan and the Indo-United States strategic partnership brought serious geopolitical implications for China and Pakistan.

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19

Paris, Roland. "Afghanistan: What Went Wrong?" Perspectives on Politics 11, no. 2 (May 21, 2013): 538–48. http://dx.doi.org/10.1017/s1537592713000911.

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The US-led invasion of Afghanistan in October 2001, which deposed the Taliban regime, was followed by a major international effort to stabilize that country. More than a decade later, this effort has yielded neither security nor political stability in Afghanistan. After having been ousted from power, the Taliban reestablished itself in the borderlands of Pakistan and began fighting an effective guerrilla war against international and Afghan government forces. Despite heavy losses in recent years, the insurgency shows no sign of giving up. Meanwhile, attempts to establish a credible and legitimate Afghan government have been similarly disappointing. President Hamid Karzai, once hailed as the country's democratic savior, came to be seen instead as the leader of one of the most corrupt regimes on the planet, a perception that has damaged his government's legitimacy both at home and abroad. Afghanistan's development and human rights indicators have improved, but it remains to be seen if these gains can be sustained as the international effort is scaled back. Finally, although the United States and its partners succeeded in weakening Al Qaeda in the region, both Afghanistan and nuclear-armed Pakistan appear to have become considerably less stable over the course of the mission, with untold consequences for the future.

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20

Ahmad, Khabir. "UN envoy urges an inquiry into human-rights abuses in Afghanistan." Lancet 360, no. 9344 (November 2002): 1486. http://dx.doi.org/10.1016/s0140-6736(02)11511-x.

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21

Singh, Danny. "The management of legal pluralism and human rights in decentralized Afghanistan." Journal of Legal Pluralism and Unofficial Law 51, no. 3 (September 2, 2019): 350–80. http://dx.doi.org/10.1080/07329113.2019.1660079.

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22

Sevastik, Per. "Rule of Law, Human Rights and Impunity: The Case of Afghanistan." Hague Journal on the Rule of Law 12, no. 1 (May 2, 2019): 93–145. http://dx.doi.org/10.1007/s40803-019-00089-z.

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23

Sehin, Oleksandra, Joellen Coryell, and Trae Stewart. "Engendering Hope: Women’s (Dis)engagement in Change in Afghanistan." Adult Learning 28, no. 3 (November 20, 2016): 91–98. http://dx.doi.org/10.1177/1045159516679357.

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Afghan women’s human rights are a crucial concern for the international community and the government in Afghanistan. Framed by hope theory, this study captured Afghan women’s understandings of recent realities, particularly those focused on expanding women’s roles in Afghan life and community. Based on focus groups with 107 women conducted in 10 different locations, findings reveal that many Afghan females are conditioned into self-perceptions that may undermine their capacity to believe they are worthy of human rights, education, and freedom from oppression. A discussion on agency, pathways, sociocultural influences, and education for hope in Afghan women’s future is presented.

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24

Bjerre Christensen, Janne. "Human Rights and Wrongs in Iran's Drug Diplomacy with Europe." Middle East Journal 71, no. 3 (August 1, 2017): 403–32. http://dx.doi.org/10.3751/71.3.14.

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Europe has a strong interest in and a history of assisting Iran in controlling inflows of drugs from Afghanistan. But due to Iran's increasing use of the death penalty in drug trafficking cases, Europe has terminated its cooperation. Based on interviews with Iranian policy-makers and representatives of both human rights organizations and the United Nations Office on Drugs and Crime (UNODC), this article presents Denmark's withdrawal of drug control funding in 2013 as a case study, analyzing the dilemmas and trajectories of joint Iranian-European drug diplomacy and the prospects for reengagement following the nuclear agreement.

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25

Bellal, Annyssa, Gilles Giacca, and Stuart Casey-Maslen. "International law and armed non-state actors in Afghanistan." International Review of the Red Cross 93, no. 881 (March 2011): 47–79. http://dx.doi.org/10.1017/s1816383111000051.

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AbstractAn effective legal regime governing the actions of armed non-state actors in Afghanistan should encompass not only international humanitarian law but also international human rights law. While the applicability of Common Article 3 of the 1949 Geneva Conventions to the conflict is not controversial, how and to what extent Additional Protocol II applies is more difficult to assess, in particular in relation to the various armed actors operating in the country. The applicability of international human rights law to armed non-state actors – considered by the authors as important, particularly in Afghanistan – remains highly controversial. Nevertheless, its applicability to such actors exercising control over a population is slowly becoming more accepted. In addition, violations of peremptory norms of international law can also directly engage the legal responsibility of such groups.

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26

Hussain, Fayaz. "Implications of the Enigmatic Rise of Taliban: A Historical Perspective." Global Regional Review VI, no. I (March 30, 2021): 230–36. http://dx.doi.org/10.31703/grr.2021(vi-i).25.

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The rise of the Taliban in Afghanistan in 1994 was the opening of a new chapter in the current Afghan history while Afghanistan's socio-political environment was in disorder. The emergence of the Taliban was a new phenomenon, and no one expected that an ordinary militia would become a strong power in Afghanistan. Taliban was a highly secret force that had neither formal structure nor any formal membership. It was also believed that the Taliban were Pakistan protege. Their rise to power in Afghanistan had a profound impact on Pakistan's society. Violence, drug trade, corruption and soared with the rise of the Taliban. Pakistan aimed in the militia support a friendly regime in Kabul and strategic equilibrium in the region. However, the Taliban harsh policies against women and Human Rights violations invoked international criticism. Taliban had no economic vision except for revenue from the drug trade and smuggling of goods via the Durand Line. Their policies had serious implications for the region and the globe. The Taliban support and provision of sanctuaries to Al-Qaida invited international sanctions. The September 11 Terrorist attack on US soil ultimately turned into the fall of the Taliban.

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27

Hakimi, Aziz, and Astri Suhrke. "A Poisonous Chalice: The Struggle for Human Rights and Accountability in Afghanistan." Nordic Journal of Human Rights 31, no. 02 (June 10, 2013): 201–23. http://dx.doi.org/10.18261/issn1891-814x-2013-02-06.

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28

Kinsella, Helen M. "Sex as the secret: counterinsurgency in Afghanistan." International Theory 11, no. 1 (December 18, 2018): 26–47. http://dx.doi.org/10.1017/s1752971918000210.

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AbstractI explore the construction of women as the secret for the ‘successful’ prosecution of war in Afghanistan. To do so, I take up the mobilization of gender in the US counterinsurgency doctrine as deployed in Afghanistan. I draw on the 2006 Counterinsurgency Field Manual, human rights and humanitarian reports, and scholarly works to identify and analyze this mobilization, paying attention to the colonial histories upon which COIN explicitly and implicitly relies. By critically integrating these sources and the paradigmatic moments that exemplify COIN, I demonstrate the constitutive relationship of gender and COIN. The valence of the secret – of women as concealing, revealing, being, and bearing the secret – is still a lesser explored element in the analysis of the gendering of COIN and of its ‘military orientalism’. Even as scholars have powerfully shown how, in the case of Afghanistan and elsewhere, the veil functions as an overdetermined and ‘multilayered signifier’ in its own right, symbolizing the ‘tension between disclosure and concealment that defines the dominant conception of the secret’, less subject to detailed analysis in case of Afghanistan is the ways in which Afghan women are constituted through COIN in polysemous relation to the notion of the secret.

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29

Newbery, Samantha. "From Northern Ireland to Afghanistan: British military intelligence operations, ethics and human rights." Journal of Intelligence History 14, no. 1 (June 23, 2014): 75–76. http://dx.doi.org/10.1080/16161262.2014.931655.

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30

Hakim, Abdul Ahad, and Abdul Ghafoor Hatifie. "Why Turkey? Afghans heartwarming migrating destination." Technium Social Sciences Journal 9 (June 27, 2020): 559–66. http://dx.doi.org/10.47577/tssj.v9i1.1031.

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In the latest year, Turkey is the destination country for illegal Afghan migrants, as Directorate general of migration management of Turkey report shows that Afghanistan has a high number of the illegal migrants in Turkey in 2019. (7) This study concentrated to determine the factors associated with the area of destination (pulling factors), social demography of immigrants, income comparison, satisfaction, and re-integration of Afghan illegal migrants in Turkey in the last five years. The data collected by a well-structured questionnaire and applied to 384 illegal Afghan immigrants in Turkey (Istanbul, & Ankara) during June, 2019. The finding shows that Security 9.14, rights (women rights 8.52, human rights 8.43) and desire of having more regular life are the main reasons that attracts migrants. Dis-satisfaction of being in Turkey and being dis-agree to re-integrate back to Afghanistan is the finding of this research.

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31

Vailin, Andras. "Reflections on humanitarianism: David Rieff's A Bed for the Night." International Review of the Red Cross 85, no. 851 (September 2003): 637–40. http://dx.doi.org/10.1017/s0035336100183832.

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In A Bed for the Night, David Rieff explains his frustration at the limitations and shortcomings of contemporary humanitarianism. He investigates the gap between the admirable norms of the human rights movement and the unpleasant facts of the humanitarian crises in Bosnia, Rwanda, Kosovo and Afghanistan. He urges us to revise our assumptions about the reach of the human rights revolution and the workings of the international community. He concludes that, however much one might wish it otherwise, independent humanitarianism is not capable, on its own, of advancing the cause of human rights, contributing to stopping wars, or furthering social justice. Humanitarianism only makes sense as part of a larger international response to human rights crises. It is a “saving idea that cannot save”. And, for the humanitarian enterprise, the risks of collaborating in such a wider response are considerable.

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32

Kleiner, Juergen. "Diplomacy with Fundamentalists: The United States and the Taliban." Hague Journal of Diplomacy 1, no. 3 (2006): 209–34. http://dx.doi.org/10.1163/187119006x149553.

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AbstractAfter the Taliban had become a permanent factor in Afghan politics at the beginning of 1995, the US administration started talking to them, mainly through the American Embassy in Islamabad. Declassified documents about the administration's dealings with the Taliban, which were obtained and published by the National Security Archive, give insight into the relationship between the two unlikely partners. The Americans discussed various issues with the Taliban, such as peace in Afghanistan, the fight against narcotics, human rights, the proposed Unocal gas pipeline from Turkmenistan through Afghanistan, and terrorism. The Taliban demanded recognition as Afghanistan's legitimate government and wanted access to additional revenue. American talks with the Taliban survived the deterioration of the relationship from original friendliness to opposition to the promotion of sanctions and finally to threats. Since the end of summer 1998, a solution to the issue of Osama Bin Laden has been the US administration's top issue. The Americans asked the Taliban with urgency to take Bin Laden into custody or to expel him. The US administration, however, did not offer the Taliban anything in return. Persuasion was not enough to achieve the desired result and the administration's strategy was self-defeating.

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33

Taj, Farhat. "Stable Regime, Historiography and Truth Commissions." Review of Human Rights 7, no. 1 (November 1, 2020): 67–88. http://dx.doi.org/10.35994/rhr.v7i1.192.

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This article discusses the Pashtun Tahafuz Movement's (PTM) demand for establishing a Truth and Reconciliation Commission (TRC) to facilitate the right to truth of victims of the war on terror in Pakistan. It highlights the tension among the right to truth, geopolitical considerations, and historiography in pursuit of transitional justice under a stable regime. It argues that Pakistan is not likely to establish a TRC due to its geopolitical considerations vis-a-vis Afghanistan. It, however, also underscores that PTM as a pressure group could contribute greatly to realising several human rights based right claims of the war victims, if it disengages itself from the anti-Pakistan Afghan diaspora.

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Kumar, Sendhil. "New world order and India, S policy toward protection of human rights in Afghanistan." ACADEMICIA: An International Multidisciplinary Research Journal 11, no. 4 (2021): 671–77. http://dx.doi.org/10.5958/2249-7137.2021.01205.2.

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35

Benjamin, J. A. "INTERNAL DISPLACEMENT IN AFGHANISTAN: COPING STRATEGIES AND GENDER DIFFERENCES APPLYING INTERNATIONAL HUMAN RIGHTS STANDARDS." Refugee Survey Quarterly 19, no. 2 (January 1, 2000): 132–36. http://dx.doi.org/10.1093/rsq/19.2.132.

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36

Mukhtar, Sohaib, Muhammad Fayaz, and Malieka Farah Deeba. "Afghan Refugees in Pakistan and Syrian Refugees in European Union: A Comparative Analysis." Journal of Economics, Trade and Marketing Management 5, no. 1 (January 9, 2023): p1. http://dx.doi.org/10.22158/jetmm.v5n1p1.

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Displaced persons are Refugees, cross borders under coercion by force, leave motherland and difficult to return safely to home of parents. Root word is ‘refuge’ from which ‘refugee’ is derived, it means hiding and shelter from danger. Pakistan is not signatory of Refugee Convention 1951 but member of the United Nations (UN). Afghan refugees are living in Pakistan for approximately four decades, the Government of Pakistan provides favorable treatment and atmosphere to Afghan Refugees in Pakistan. Resultantly, Pakistan has been suffering terrorism, political instability, and economic dropdown though after left of Unites States of America (USA) in 2021, many more Afghan Refugees are expected to migrate to Pakistan. International Community is required to work and ensure peace and stability in Afghanistan in order to ensure returning back of Afghan Refugees to their parent’s home safely and work for stability and peace of Afghanistan and the region so that they live there peacefully. According to Universal Declaration of Human Rights’ (UDHR) article 14: everybody has freedom and right to enjoy, seek asylum from persecution in other countries. Asylum right not invoked if (i) genuinely arising prosecutions from non-political crimes, or (ii) acts repugnant to principles and purposes of United Nations, and Convention Relating to Status of Refugee signed in 1951 under United Nations High Commissioner for Refugees (UNHCR). There are 145 signatories currently to Refugee Convention 1951 but Pakistan has not yet acceded to Refugee Convention 1951. According to Refugee Convention 1951 preamble: freedom under fundamental rights enjoyed by human beings under Charter of the UN and UDHR without discrimination. The UN has assured efforts to expand freedom under fundamental rights to refugees. Communitarian Critique research methodology is deployed to help understand issues of refugees. Qualitative methodology is used while conducting this research, an analytical and comparative methods to analyze and compare Government of Pakistan’s treatment of Afghan refugees in Pakistan approximately for 4 decades as compare to Syrian Refugees’ treatment by European Union (EU). The largest populated migrants refugee country of the world for 4 decades is Pakistan, approximately 5 million Afghan nationals migrated to Pakistan during Cold War and approximately around 1.3 million still living in Pakistan and they are not willing to go back to Afghanistan specially after withdrawal of USA in 2021. The International Community is required, requested, and suggested to wish, help, and endeavor to build up economies of Afghanistan and Pakistan and try to strengthen stability and peace so that remaining Afghan nationals who are living as refugees in Pakistan can go back to their motherland safely, happily, and live there peacefully.

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Ahmad, Shakeel, Fozia Naseem, and Ahsan Riaz. "Targeted Killings by Drones and Legality of Deployment of CIA Operatives." Global Social Sciences Review IV, no. I (March 30, 2019): 456–63. http://dx.doi.org/10.31703/gssr.2019(iv-i).59.

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Since October 2001, the Central Intelligence Agency (CIA) employed a predator drone armed with missiles to carry out an operation in Afghanistan that targeted suspected al-Qaeda members. These missile attacks continued to hit targets in Yemen, Afghanistan, and the Pakistani territory bordering Afghanistan. It has been proven that missile-equipped drones are uncertain when used in covert operations. Drone strikes raise legal questions under International Law, Human Rights Law (HRL) and International Humanitarian Law (IHL). IHL prohibits civilian organisations from participating in direct hostilities unless the government notifies them of their incorporation into the regular armed forces. The explanation for why the CIA does not have the authorisation to carry out drone strikes is given in the article. The deployment of the CIA rather than regular armed forces is a violation of both accepted norms of war and HRL regulations.

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38

Saraceno, B. "Mental health in EMRO: the future is now." Eastern Mediterranean Health Journal 7, no. 3 (September 15, 2001): 332–35. http://dx.doi.org/10.26719/2001.7.3.332.

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Recognizing the magnitude of the problem of mental health disorders globally, the World Health Organization has made mental health the focus of the year 2001. In this paper three priority areas for action in the Eastern Mediterranean Region are suggested, namely: human rights, mental hospitals and community care, drug abuse, and reconstruction of the health care system in Afghanistan.

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Jürgenssen, Theresa-Erna. "Protecting Human Rights While Conducting Military Operations Abroad: a Critical Analysis of The European Court of Human Rights’ Recent Judgement in «Hanan v. Germany»." Anuario Español de Derecho Internacional 38 (May 10, 2022): 487–523. http://dx.doi.org/10.15581/010.38.487-523.

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On February 16, 2021, the Grand Chamber of the European Court of Human Rights released its judgement in Hanan v. Germany (2021). The case concerned the alleged violation of Articles 2 and 13 of the European Convention of Human Rights by Germany regarding an airstrike ordered by German Colonel Klein in Afghanistan. The case raised several questions the answers of which could be impactful for all Contracting Parties to the Convention conducting military operations abroad. This paper critically explores the past-case law by the Court and the answers given by the Court in Hanan concerning two of these questions. First, the question concerning the extraterritorial applicability of the Convention to airstrikes. This matter had previously been addressed by the Court in the highly criticised case of Banković and Others v. Belgium and Others (2001); since the facts of Hanan show various similarities to Banković, the Court in Hanan had a chance to change its position on this matter and clarify what would be the state’s responsibilities when using military force abroad. Second, the question of attribution, i.e., whether Contracting Parties operating as part of an international organisation can be held responsible for impugned acts under the Convention.

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Niland, Norah. "Impunity and insurgency: a deadly combination in Afghanistan." International Review of the Red Cross 92, no. 880 (December 2010): 931–50. http://dx.doi.org/10.1017/s1816383111000014.

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AbstractThe judgement of key decision-makers to ignore the critical problem of impunity – the lack of accountability for egregious human rights violations – contrary to the wishes of the vast majority of Afghans has had devastating, if predictable, consequences. Disillusionment with the continued abuse of power, along with the steady increase in war-related casualties, is a significant driver of the escalating insurgency. Experience over the past nine years highlights an urgent need to address the strategic issue of systemic and structural injustice. It is not realistic to envisage an end to armed conflict and the development of democratic and accountable state institutions while impunity reigns.

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Yasa, Abdul Rahman. "Shrinking Civic Space for Human Rights Defenders in Afghanistan Following the U.S. Military Drawdown in 2014." Journal of Strategic Security 14, no. 3 (October 2021): 1–27. http://dx.doi.org/10.5038/1944-0472.14.3.1941.

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Civic space, an imperative to a democratic society where citizens can exercise their basic rights, is now under attack in Afghanistan. The fall of the Islamic Emirate in 2001 by a coalition of the U.S.-led military intervention grounded the rise of a vibrant environment for civil society and human rights defenders (HRDs). Promoting and safeguarding democratic values, mainly freedom of speech, assembly, and association, enshrined within a progressive constitutional framework, had turned to the topic of the day. The heavy presence of foreign troops with the money influx put strong support behind the nascent Afghan CSOs, HRDs, and democracy advocates to speak up for the many repressed Afghans. However, the drawdown of foreign troops proceeded by protracted political infighting between Afghan leaders over power-sharing, shaped a grim milestone for civic space and human rights in 2014. The Afghan security forces had learned but not enough to take full security responsibility. Meanwhile, the Afghan leaders were wrestling over power in Kabul while an emboldened Taliban was threatening civic space by making more territorial gains in provinces. Consequently, the security situation deteriorated dramatically, triggering widespread public protests. To respond, the government resorted to the use of force against protesters, and democratic advocates and introduced legal restrictions to prevent any prospective unrest. Finally, the U.S. military withdrawal has doubled concerns over the loss of the rights under civic space. Therefore, the United States should stay, not forever, but until the Afghan peace negotiations succeed.

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Raza, Syed Sami. "Introduction 2-1." Review of Human Rights 2, no. 1 (December 15, 2016): 1–3. http://dx.doi.org/10.35994/rhr.v2i1.73.

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With this volume, the Review of Human Rights has successfully entered its second year of publication. We have become more confident about its regular publication as well as about success of the overall academic initiative. In this volume we were able to attract five original articles and three book reviews. These articles focus on human rights in the backdrop of global concerns for security. A number of countries make the subject of discussion, especially Pakistan, Germany, USA, Myanmar, and Afghanistan. It is also worth mentioning that this volume introduces at least two new concepts: “necro-biographies” by Michael J. Shapiro and “uneven humanitarianism” by Tani Sebro.

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Ahmad, Arif. "Men's Perception of Women Regarding the Internet Usage in the Khyber Agency Pakistan: An Exploratory Study." Global Mass Communication Review V, no. I (March 30, 2020): 47–58. http://dx.doi.org/10.31703/gmcr.2020(v-i).04.

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Khyber agency is located near the border of Afghanistan, due to continuous war in Afghanistan, patriarchal society and domination of males, the women of Khyber agency have no access to education, basic human rights and internet technologies. This paper investigated the gender discrimination in the use of the internet in the Khyber agency of Pakistan, the war-torn area adjacent to Afghanistan. A mixed method approach visa-vis in-depth interviews and purposive survey of the respondents was used to collect data. The in-depth interviews were analyzed using NVivo and SPSS was employed to analyze survey data. The findings indicate that there is a digital divide that promotes gender discrimination in the Khyber agency regarding the internet usage. The patriarchal nature of the tribal society deprives women from internet contributing to the gender discrimination. Additionally, the male dominance of the rural tribal society is associated with stereotypical discourses of women.

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Muhammad Faheem and Minhas Majeed Khan. "Recognition of the Taliban Government in Afghanistan." Strategic Studies 42, no. 1 (August 4, 2022): 81–96. http://dx.doi.org/10.53532/ss.042.01.0014.

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The Taliban takeover of Kabul is a significant regional development having domestic, regional and global implications. Regarding the recognition of the new Taliban government; recently announced, the important states of the international community are responding with caution based on their strategic calculations, political values and long-term foreign policy goals in the regions adjoining Afghanistan. The states having stakes in Afghanistan are mainly divided in two groups: The US led group and the China-Russia led group of states. The US led group has advocated that the conduct of the Taliban on fundamental human rights, their commitment of forming an inclusive government and their detachment from international terrorist networks will be taken in consideration for deciding on the question of recognition and determining the nature of engagement with Afghanistan. The China-Russia group, is more in favor of regional stability and interested in filling the strategic vacuum left in Afghanistan by the US and its allies. The regional states are realigning themselves, with either of the major group, to respond to the unfolding situation in Afghanistan. Based on the conceptual framework of recognition of new governments in International Law and International Relations, this paper attempts to analyze the responses and concerns of the diverse international community vis-à-vis the newly formed Taliban government in Afghanistan.

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Kayani, Saima A. "US Engagement with Central Asia (1991-2021)." Global Strategic & Securities Studies Review VII, no. II (June 30, 2022): 31–40. http://dx.doi.org/10.31703/gsssr.2022(vii-ii).05.

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After the disintegration of the Soviet Union, US interests in the newly independent states of Central Asia were somewhat limited. However, with new developments, the region strategically became important for the US. The main reasons are the energy resources of Central Asia, the region's strategic geographical location, US involvement in Operation Enduring Freedom (OEF) and post NATO/US army exit situation in the region and Afghanistan and the threat of reemergence of Taliban. It seems that the US followed a policy of democracy,human rights, the rule of law and development but at the same time had military bases in CARs to keep an eye over Afghanistan and neighboring regions. However, there is a shift in regional dynamics, which will not allow the US to keep its hold over the region. This research work divided the US policy in the Central Asian region into different periods, which are the post-Soviet era, post 9/11, post-2014 and post-US army exit from Afghanistan 2021.

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Rooney, Jane. "Crown act of state and detention in Afghanistan." Northern Ireland Legal Quarterly 71, no. 2 (August 14, 2020): 109–33. http://dx.doi.org/10.53386/nilq.v71i2.314.

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The Serdar Mohammed litigation signalled a decisive change in judicial attitude towards scrutiny of extraterritorial executive action in armed conflict. The most significant indicator of a change in judicial attitude was the reinstatement of the act of state doctrine in the private law claim in tort. Act of state bars tort claims against the Crown when the Crown acts outside of its territory. The UK Supreme Court characterised act of state as a non-justiciability doctrine. The article argues that the UK Supreme Court exercised extreme deference in its adjudication of the act of state in the private law claim. This deference was then mirrored in the reasoning employed in the public law claim under the Human Rights Act 1998, departing from international and domestic standards on detention in armed conflict.

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Chankova, Dobrinka, and Gergana Georgieva. "Security and Human Rights: Contradictory or Reconcilable Paradigms? State of Affairs in Bulgaria." International conference KNOWLEDGE-BASED ORGANIZATION 22, no. 2 (June 1, 2016): 309–14. http://dx.doi.org/10.1515/kbo-2016-0053.

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Abstract This paper explores some recent changes in the structure of Bulgarian society and the corresponding challenges, related to human rights and security in general and in relation to different societal segments. Specifically, lately Bulgaria has been becoming a more and more multicultural country. Due to demographic, economic and other reasons, the number of ethnic Bulgarians is continuously decreasing. Reciprocally, the number of Roma population is increasing. Moreover, Bulgaria is a country recently flooded by refugees and illegal immigrants from Syria, Afghanistan, Iraq, the Arab world, etc. Different religious groups, sometimes imported, started pretending more rights and space in Bulgarian realm. The paper pays attention to the evolution of the attitude of Bulgarian citizens with regard to the protection of their human rights and the rights of the others. The sensitive issue of security and safety at the current stage of development is discussed. This study also presents the results from an inquiry of a specialized audience - law students. Their attitude towards the mentioned problems of the day is explored. Respondents' suggestions for more efficient, non-traditional tools for resolving the “hot” issues and securing safety are offered.

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Kapur, Ratna. "“The First Feminist War in all of History”: Epistemic Shifts and Relinquishing the Mission to Rescue the “Other Woman”." AJIL Unbound 116 (2022): 270–74. http://dx.doi.org/10.1017/aju.2022.45.

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Rescuing the “other woman” has been an intractable feature of international and human rights legal interventions. This rescue narrative configures the “other woman,” invariably third world or from the Global South, as left behind in the movement toward progress and modernity. Part of the solution envisages the rescue and incorporation of the “other woman” into liberal rights discourse—the teleological endpoint of emancipation. Third World Approaches to International Law (TWAIL) and postcolonial feminist critiques have exposed the racial and civilizational discourses that shape these rescue missions and the epistemic violence they engender. Using the example of the military invasion and occupation of Afghanistan from 2001–2021, I demonstrate how these discourses persist in contemporary women's human rights agendas and the carceral and securitized logics that they serve. I discuss the need to delink rights from rescue missions and the epistemic shifts required to move the critique in a meaningful and productive direction.

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Belea, Simion. "Human Rights without Borders for Refugees and Asylum Seekers. Social and Jurisdictional Aspects." Journal for Ethics in Social Studies 5, no. 1 (September 2, 2022): 21–35. http://dx.doi.org/10.18662/jess/5.1/39.

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The refugee crisis generated by internal conflicts and civil wars from various areas consolidated unilateral interventions towards security, rather than developing a collective answer and providing immediate actions based on human rights to support vulnerable groups. A retrospection of the past decade events in the Arabic World, illustrates that during the years 2014 - 2021, the world witnessed the highest wave of refugees migrating from Syria, Yemen, Afghanistan and Iraq to Europe. By analysing this, we can argue that concerns regarding security policies led to a significant increase in the number of difficulties that refugees and asylum seekers encounter in obtaining international protection support. The 24th of February 2022 marks the beginning of the Russian invasion in Ukraine. It similarly marks the day when the twenty seven countries – members of the EU allowed the directive for temporary protection and support to the Ukrainian refugees, for the first time in the European Union history. This current study examines the collective efforts of the Intra – European relocations offering immediate support to those fleeing the war while respecting the fundamental international human rights.

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Amowitz, Lynn L., Michele Heisler, and Vincent Iacopino. "A Population-Based Assessment of Women's Mental Health and Attitudes toward Women's Human Rights in Afghanistan." Journal of Women's Health 12, no. 6 (July 2003): 577–87. http://dx.doi.org/10.1089/154099903768248285.

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