The report provides in-depth analysis of the Taliban’s acts to deprive Afghans of the fundamental right to work on the basis of gender — acts that may amount to the crime against humanity of gender persecution.

In January 2024, six organizations, made a submission to the Gender Apartheid Inquiry, an examination of the situation of women in Afghanistan and Iran conducted by a U.K. Parliamentary Panel and the International Bar Association’s Human Rights Institute. The Gender Apartheid Inquiry aims to identify practical and meaningful steps to address rights violations and crimes against women and girls within existing legal frameworks, while also exploring how these acts fit into the concept of gender apartheid.

In this submission, Human Rights Watch highlights concerns about the human rights situation in Afghanistan. They briefly describe the human rights violations that women and girls face. They conclude that “the pattern of abuse against women and girls in Afghanistan amounts to the crime against humanity of gender persecution.”

Since the Taliban regained power in Afghanistan after the US troop withdrawal in 2021, the situation for women has dramatically worsened, with severe restrictions on their rights and freedoms, including education, work, healthcare, and mobility. This article explores avenues for holding the Taliban accountable for their actions, focusing on legal frameworks such as the Rome Statute and the Ljubljana Convention. It discusses the concept of “gender apartheid” and its potential inclusion in international conventions to address the systematic persecution of women. However, it raises concerns about the effectiveness of this approach compared to utilizing existing legal mechanisms like gender persecution. The article also suggests leveraging the jurisdiction of the International Criminal Court to issue arrest warrants against Taliban leaders, both to pursue accountability and prevent international recognition of their regime.

This blog pos chronicles a historic roundtable at the International Criminal Court in May 2023 that brought together 20 feminist and LGBTIQ human rights activists with ICC prosecutor Karim A. A. Khan and other senior members of his office, in pursuit of new avenues to justice. Outright International and its partner organizations from Afghanistan, Ukraine, Colombia, and Bangladesh were among those who attended the convening.

In only the second time the UNSC has discussed violence against LGBTIQ people, the March ’23 Arria Formula Meeting took testimony from Colombia and Afghanistan on the effects of persecution on LGBTIQ individuals with US Ambassador Linda Thomas-Greenfield. The Ambassador comments that the UNSC needs to incorporate LGBTIQ persons’ human rights in carrying out its mandate. Many states agreed while others dissented stating that only “universally” accepted problems and identities should be discussed.

Volume One: Gender Persecution in Afghanistan: A Crime Against Humanity

This report provides in-depth analysis of the Taliban’s acts to deprive Afghans of fundamental rights on the basis of gender – acts that may amount to the crime against humanity of gender persecution. This volume examines the severe deprivation of the fundamental rights to education, assembly, and expression.