Setting the Right Priorities:
Protecting Children Affected by Armed Conflict in
Afghanistan
June 2010
WATCHLIST MISSION
STATEMENT
The
Watchlist on Children and Armed Conflict strives to end violations against
children in armed conflicts and to guarantee their rights. As a global network,
Watchlist builds partnerships among local, national and international
nongovernmental organizations, enhancing mutual capacities and strengths.
Working together, we strategically collect and disseminate information on
violations against children in conflicts in order to influence key decision makers
to create and implement programs and policies that effectively protect
children.
Watchlist works within the framework
of the provisions adopted in UN Security Council Resolutions 1261, 1314, 1379,
1460, 1539, 1612, 1882, the principles of the Convention on the Rights of the
Child and its protocols and other internationally adopted human rights and
humanitarian standards.
General
supervision of Watchlist is provided by a Steering Committee of international
nongovernmental organizations known for their work with children and human
rights. The views presented in this report do not represent the views of any
one organization in the network or the Steering Committee.
For further information about
Watchlist or specific reports, or to share information about children in a
particular conflict situation, please contact:
www.watchlist.org
Photo Credits
Cover Photo: Mats Lignell/Save the Children
Please Note: The people represented in the
photos in this report are not necessarily themselves victims or survivors of
human rights violations or other abuses.
Notes on Methodology
·
Due to insecurity and access restrictions, there is
limited information on the human rights and humanitarian situation in the areas
of ongoing armed conflict.
·
The report deals mainly with Afghanistan but many
of the protection concerns are in fact occurring along the Afghanistan-Pakistan
border and demand a cross-border or regional approach. Information on these
cross-border concerns is limited due to access restrictions.
Notes on Terminology
·
The report follows the UN definition of eight
regions in Afghanistan: central highlands, eastern, southeastern, southern,
western, northern, and northeastern, and the capital region around Kabul.
·
Afghanistan uses the Persian calendar whose dates
do not correspond to the Gregorian calendar, the internationally accepted civil
calendar. This report uses the Gregorian calendar dates and also includes the
Persian calendar dates if they were provided in the original source
publication, e.g. 1387 (2008-2009).
·
Afghan Security Forces comprise the army, the army air corps and the
national police.
Important Updates
·
On March 22, 2010, the UN Security Council, in its
Resolution 1917, extended the mandate of the United Nations Assistance Mission
in Afghanistan (UNAMA) for one year through March 23, 2011. The new mandate
repeated the Council’s call for the implementation of Security Council
Resolutions (SCR) 1612 (2005) and SCR 1882 (2009) on children and armed
conflict and its request to the Secretary-General to further strengthen the
child protection component of UNAMA, in particular through the appointment of
child protection advisors.
·
The Marjah offensive, a joint Afghan-NATO military
operation that took place in February 2010, was intended to serve as a testing
case for NATO’s new strategy to focus on protecting civilians in
counterinsurgency efforts. Despite these efforts, The Afghan Red Crescent
Society (ARCS) estimated that 35 civilians had died and an additional 37 were
injured during the military operation. Surveys
among 400 men from Marjah, Lashkar Gah and Kandahar also indicate that the
offensive negatively impacted local perceptions of NATO forces, according to
the International Council on Security and Development (ICOS).
·
Watchlist report notes that there
has been a reduction of civilian casualties by international military forces in
Afghanistan from 2008 to 2009. On May 12, 2010, the U.S. Department of Defense
announced that the number of civilians killed by U.S. and NATO forces had
increased by 76 percent from January to April 2010 compared to the same period
in 2009. The U.S. government attributes this rise to the stepped-up efforts in
the war against the Taliban, according to Reuters, “Civilians Casualties rising
in Afghanistan,” May 12, 2010. The U.S. Department of Defense did not comment
on the percentage of children killed by international military forces.
TABLE OF CONTENTS
List
of Acronyms............................................................................................................................... 1
Indicators......................................................................................................................................... 3
International
Standards..................................................................................................................... 5
Executive Summary........................................................................................................................... 7
Context........................................................................................................................................... 11
Major Armed Conflicts 11
International Efforts for Peace and Security 11
The Return to Violence 12
Rebuilding the Country 13
Humanitarian Access........................................................................................................................ 14
Deterioration of Humanitarian Access 14
Violating Humanitarian Principles 14
Killing and Maiming....................................................................................................................... 17
Military and Other Attacks 17
Assistance to Survivors and Impunity for Perpetrators 18
Children Living with Disabilities 19
Refugees and IDPs........................................................................................................................... 21
Internally Displaced Persons 21
Refugees 22
Health............................................................................................................................................. 24
Access to Services 24
Maternal Death and Reproductive Health 25
Infectious Diseases 26
Malnutrition 26
Water and Sanitation 27
Drug Addiction 27
Psycho-Social Disorders 27
HIV/AIDS....................................................................................................................................... 29
The Spread of HIV/AIDS 29
Treatment and Care 29
Education....................................................................................................................................... 31
School Enrollment and Attendance 31
Monitoring and Reporting on Attacks 31
Attacks against Schools, School Children and Teachers 32
Protecting Schools from Attacks 33
Conflict-Related Barriers to Education 33
Abduction....................................................................................................................................... 36
Gender-Based Violence..................................................................................................................... 37
Prevalence of Gender-Based Violence 37
Silence and Impunity 37
Lack of Services for GBV Survivors 39
Child Soldiers................................................................................................................................. 41
Recruitment by Afghan Security Forces 41
Recruitment by Private and Auxiliary Forces 41
Recruitment by the Taliban and Other Armed Opposition
Groups 41
Disarmament, Demobilization and Reintegration for
Children 42
Detention of Children Formerly Associated with Armed
Groups 42
Small Arms..................................................................................................................................... 45
Scope of the Problem 45
Disarmament Efforts 46
Landmines and
Explosive Remnants of War..................................................................................... 48
Scale of Contamination and Impacts 48
Demining and Mine Risk Education 48
Other Violations and
Vulnerabilities................................................................................................. 51
Child Labor 51
Exploitation and Trafficking 51
Illegal and Arbitrary Arrest of Children 52
UN Security Council
Actions............................................................................................................. 54
UNSC Resolutions on Children and Armed Conflict 54
UNSC Actions on Afghanistan 54
Implementation of UNSC Resolutions on Children and
Armed Conflict in Afghanistan 55
The UN Security Council Working Group on CAC 56
Endnotes......................................................................................................................................... 60
Sources........................................................................................................................................... 66
Map of Afghanistan......................................................................................................................... 73
|
Amnesty International |
|
|
ACBAR |
Agency Coordinating Body for
Afghan Relief |
|
AIHRC |
Afghan Independent Human
Rights Commission |
|
ANDS |
Afghanistan National Development Strategy |
|
ANSO |
Afghanistan NGO Safety Office |
|
AREU |
Afghanistan Research and
Evaluation Unit |
|
ARV |
Antiretroviral Treatment |
|
BPHS |
Basic Packages of Health
Services |
|
CAC |
Children and Armed Conflict |
|
CAAC |
Children affected by Armed
Conflict |
|
CEDAW |
UN Committee on the
Elimination of Discrimination Against Women |
|
CIVIC |
Campaign for Innocent
Victims in Conflict |
|
CPA |
Child Protection Advisor |
|
CPAN |
Child Protection Action Network |
|
CTFMRM |
Country Task Force on the
Monitoring and Reporting Mechanism |
|
DIAG |
Disbandment of Illegal Armed
Group |
|
ERW |
Explosive Remnants of War |
|
FATA |
Federally Administered Tribal Areas |
|
FRU |
Family Response Unit |
|
GBV |
Gender-Based Violence |
|
GOA |
Government of Afghanistan |
|
HAP |
Humanitarian Action Plan for
Afghanistan |
|
HRW |
Human Rights Watch |
|
ICG |
International Crisis Group |
|
ICRC |
International Committee of
the Red Cross |
|
IDMC |
Internal Displacement Monitoring Centre |
|
IDPs |
Internally Displaced Persons |
|
IEC |
Independent Election Commission |
|
IED |
Improvised Explosive Device |
|
ILO |
International Labour Organization |
|
INGO |
International Nongovernmental Organization |
|
ISAF |
International Security Assistance Force |
|
MACCA |
Mine Action Coordination
Centre of Afghanistan |
|
MoU |
Memorandum of Understanding |
|
MRE |
Mine Risk Education |
|
MRM |
Monitoring and Reporting Mechanism |
|
MSF |
Médecins Sans Frontières |
|
NATO |
North Atlantic Treaty Organization |
|
NDS |
National Directorate for Security |
|
NGO |
Nongovernmental Organization |
|
NLD |
National League for Democracy |
|
NSAG |
Non-State Armed Groups |
|
NWFP |
North West Frontier Province |
|
OCHA |
UN Office for the
Coordination of Humanitarian Affairs |
|
OEF |
Operation Enduring Freedom |
|
OHCHR |
Office of the High
Commissioner for Human Rights |
|
PRT |
Provincial Reconstruction Teams |
|
RI |
Refugees International |
|
SCR |
UN Security Council Resolution |
|
SCWG-CAC |
UN Security Council Working
Group on Children and Armed Conflict |
|
SOP |
Standard Operating Procedure |
|
SRSG |
Special Representative of
the Secretary-General |
|
SRSG-CAC |
Special Representative on
Children and Armed Conflict |
|
UN |
United Nations |
|
UNAMA |
UN Assistance Mission in
Afghanistan |
|
UNDP |
UN Development Programme |
|
UNDSS |
UN Department of Safety and
Security |
|
UNHCR |
UN High Commissioner for
Refugees |
|
UNICEF |
UN Children’s Fund |
|
UNIFEM |
UN Development Fund for
Women |
|
UNODC |
UN Office on Drugs and Crime |
|
UNSC |
UN Security Council |
|
USDA |
Union Solidarity and Development
Association |
|
USFOR-A |
U.S. Forces Afghanistan |
|
USDOS |
U.S. Department of State |
|
UXO |
Unexploded Ordnance |
|
WHO |
World Health Organization |
|
INDICATORS |
Afghanistan |
|
Population |
23.8 million
people in 2005;[i] as of
2008, 46.5% were younger than 14[ii] |
|
Gross National Income (GNI) per Capita |
US$466 in 2008 (UN
Statistics Division) |
|
Refugees and Internally Displaced Persons (IDPs) |
As of the end of December 2009, an estimated
297,000 IDPs in Afghanistan, including 161,000 children As of January 2010, approximately 1.6 million
registered refugees in Pakistan, including about 1.18 million children, and
approximately 1 million registered refugees in Iran, including 345,000
children[iii] |
|
Infant Mortality |
165/1,000 in 2008[iv] |
|
HIV/AIDS |
Afghanistan’s National AIDS Control Program
registered 559 cases as of November 2009; UNAIDS and WHO put the number of
reported cases much higher at 1,000 to 2,000.[v] |
|
Education |
Estimated 74% national net enrollment rate for boys and 46% for girls[vi];
only 11% of boys and 5% of girls enrolled in primary school continue on to
grade 12.[vii] |
|
Gender-Based Violence (GBV) |
Rape is a “widespread phenomenon” that
affects women, boys and girls. Acts of sexual violence are committed by armed
groups or criminal gangs as well as family members, guardians or caretakers.
As a result of the taboo surrounding the issue, there are few publicly
reported cases and no comprehensive or official data available on rape and
gender-based violence.[viii] Child marriage is also common, with nearly
half of all marriages involving boys and girls under the age of 18.[ix] |
|
Trafficking |
Trafficking of
children within the country and into Pakistan and Iran is a serious concern;
some children are exploited by armed groups or criminal gangs to carry out
illegal activities such as smuggling.[x] |
|
Landmines and Explosive Remnants of War (ERW) |
As of December 2009, there were 630 km2
of mine-affected land; 734 recorded instances of children injured or killed
by landmines and other explosives in 2008 and 2009; 626 were males and 105
females.[xi] |
|
Small Arms |
Estimates for
numbers of small arms range from 1.5 million to 10 million;[xii]
no statistical data is available on children injured or killed by small arms. |
Child
Soldiers
|
Afghan Security Forces and armed opposition
groups have recruited an unknown number of children throughout the country. Most of the reported cases of child
recruitment in national security forces were due to poor birth registration
systems, weak age verification, and the rising demand for police and soldiers. Armed groups have recruited children to be
used as fighters, camp guards or suicide bombers, particularly along the
Afghanistan-Pakistan border.[xiii] |
|
Abductions and Disappearances |
Most cases of abduction and disappearance are
related to trafficking by criminal networks; there is some confirmed
information of children abducted or transferred to Pakistan where they have
received military training. [xiv] |
|
Attacks on Humanitarian and Human Rights Workers |
Afghanistan represents one of the most violent
environments for aid workers, especially national staff, worldwide.[xv] A reported 19 NGO staff and at least 11 UN
staff were killed in 2009.[xvi] |
Please note: Due to extremely limited access to certain areas of Afghanistan, especially where active fighting is taking place, there is a severe gap in reliable nationwide data. The general lack of socio-economic and demographic data is further compounded by weak institutional and technical capacities to produce information.
Children bear the
brunt of the ongoing armed conflict in Afghanistan. In 2009, at least 346 children were
killed in aerial strikes and search-and-raid operations by international
special forces as well as by assassinations and suicide bombings by
anti-government elements. In addition, landmines, explosive remnants of war and
other explosives have killed or severely injured hundreds of children,
particularly boys who play outside, tend animals, or collect food, water or
wood. Armed groups have also damaged and destroyed schools, targeting students
(especially girls), teachers and others who are seen as supportive of
Afghanistan’s education system.
Thousands
of Afghan families have been forced to flee their homes due to armed conflict
and economic hardships. More than half of the country’s internally displaced
– approximately 161,000 people – are children; an additional 1.5
million children are refugees in Pakistan and Iran.
Despite
some progress in expanding basic health services to a wide population, infant
and maternal mortality is alarmingly high. Afghanistan remains the worst place
in the world for a newborn child, according to child protection agencies.
Current strategies of
the Afghan government and its international supporters – though aimed at
protecting civilians - have largely neglected the specific needs of children
affected by armed conflict. This reluctance to commit to the protection of children is reflected in
policy and funding decisions. The London Conference[xviii]
communiqué of January 2010 which served as the “roadmap” to address security,
governance and economic concerns in Afghanistan over the next five years, did
not refer to children’s needs despite the severe impact that its decisions,
such as planned offers of amnesty to Taliban soldiers, will have on their
security. Only one child protection advisor has been stationed at the United
Nations Assistance Mission in Afghanistan (UNAMA), despite repeated calls by
the UN Security Council to allocate more resources to bolster UNAMA’s child
protection capacity.
Key
decision makers have also neglected the advice of child protection agencies.
During the 2009 presidential election for instance, Afghanistan’s Independent
Election Commission ignored repeated warnings of UN agencies, nongovernmental
organizations and some governmental agencies not to use health facilities and
school buildings as polling stations. This disregard ultimately resulted in
multiple attacks on schools and hospitals.
The protection of
children’s rights should not be limited to “safe“ areas, or stop at
Afghanistan’s borders. In 2009, approximately 43 percent of the country was cut off from
humanitarian assistance, particularly in the conflict-affected south, southeast
and parts of the west. Limited access resulted in thousands of children missing
out on urgently required services offered via national health and education
campaigns.
The lack of
access due to insecurity has also severely hampered the work of the UN-led
Monitoring and Reporting Mechanism (MRM) in Afghanistan which was set up to
address the six grave violations against Children and Armed Conflict (CAC) in
accordance with UN Security Council Resolutions 1612 and 1882, which include
killing or maiming of children, abductions, recruitment or use of child
soldiers, attacks against schools and hospitals, rape or other grave sexual
violence against children, and the denial of humanitarian access to children.
In
addition, there is insufficient information available on the extent of
violations that are cross-border in nature, including child recruitment or
trafficking and the exploitation of children to smuggle drugs or illegal goods.
In order to hold perpetrators of these violations accountable and to provide
more systematic responses to children, protection actors should make a concerted
effort to engage with all parties to conflict, concerned governments and local
communities.
The
protection of war-affected children merits special attention and must be made a
strategic priority as the Afghan government, with support from the international
community, lays out plans to bring lasting peace and stability to the
country.
The
following are key recommendations from Watchlist’s report:
1.
Ensure that the protection of
children from conflict-related violence becomes a top priority in policy and
funding decisions on Afghanistan
The Government of Afghanistan (GoA) and its
international supporters should set specific benchmarks on child protection against which
progress can be measured. This could include developing an “Agenda for Children
Affected by Armed Conflict” along the lines of the Afghanistan Compact, which
sets out specific goals for the next five years and establishes a coordination
mechanism to ensure implementation and monitoring of this plan.
The UN Security
Council Working Group on Children and Armed Conflict (SCWG-CAC) should
ensure that core concerns relating to children affected by armed conflict are
reflected in the terms of reference of the upcoming Security Council field
visit planned for mid-2010. This includes following up on the commitments made
by the GoA and international military forces to the Special Representative on
Children and Armed Conflict (SRSG-CAC) during her recent visit.
The UN Secretary-General should ensure the immediate
deployment of additional child protection advisers throughout the country in an
effort to strengthen the child protection component of UNAMA, as recommended by
the UN Security Council.
The SCWG-CAC and relevant donors should request an informational
briefing with child protection actors and civil society representatives in
order to better understand the role of community-based mechanisms in
Afghanistan to prevent attacks against schools, and how to better support these
initiatives.
The SCWG-CAC should request an independent assessment
of the impact of projects that are funded or operated by Provincial
Reconstruction Teams (PRTs) on the security and well-being of children in
Afghanistan. The assessment should explore alternative ways to assist children
living in areas that are not accessible by UN agencies or NGOs.
Donors should follow the Good Humanitarian Donorship
Principles so that funding is allocated in proportion to the needs of the most
vulnerable populations, including children, and not to further political
goals.
2.
Take effective measures to prevent
violations against children in armed conflict and end impunity for perpetrators
Non-state armed groups should immediately halt all
violations perpetrated against the security and rights of Afghan children.
· Halt all suicide and improvised explosive
device (IED) attacks on civilian targets.
· Refrain from attacks and threats of
attacks against schools, teachers, education staff, students and parents at the
local and national level.
· Stop operating out of schools and
other civilian facilities, and end the use of humans as shields.
The GoA and international military forces should ensure that systems for
investigating alleged violations against civilians are transparent, timely and
independently monitored. The results of these investigations should be publicly
shared and include data disaggregated by age on combatant and civilian
casualties.
All parties to the conflict should fully cooperate with the Country
Task Force on the Monitoring and Reporting Mechanism (CTFMRM) to prepare and
implement action plans to end the recruitment and use of child soldiers, rape
and other grave acts of sexual violence and killing and maiming of children in
line with UN Security Council Resolutions 1540, 1612 and 1882. Commanders
should equally work towards halting all violations against children.
The GoA should repeal the reconciliation and general amnesty
law and hold all perpetrators of violations against civilians, including
children, accountable in accordance with national and international law.
The GoA should under all circumstances avoid the use
of education and health facilities in the upcoming elections and for other
political purposes.
The GoA should adapt the Elimination of Violence
against Women Act to include a definition of rape that complies with international
standards and brings perpetrators to justice in accordance with UN Security
Council Resolutions 1820 and 1888.
The GoA should criminalize child recruitment and the
use of child soldiers, and actively prosecute those who exploit children as
soldiers. The GoA should work closely with UN agencies to refine age
determination procedures and grant full access to all training and detention
facilities, including those of the National Directorate of Security (NDS), for
monitoring purposes.
3.
Strengthen monitoring, reporting and
response on all violations committed against children, including those
committed in Afghanistan’s conflict zones and across its borders
The UN Country Team in Afghanistan, under the dedicated leadership of
the Special Representative of the Secretary-General for Afghanistan (SRSG),
should commit staff and resources to prioritize child protection within their
respective agencies, including the full implementation of Security Council
Resolutions 1612 and 1882 throughout the country.
The Country Task Force on the Monitoring and
Reporting Mechanism (CTFMRM) should work with all parties to the conflict to capture critical
information that could prevent violations against children and more effectively
assist survivors, including monitoring early warning signs as well as the
circumstances surrounding the attacks and their impact. Quarterly reports from
their evaluations should be used to track trends and inform evidence-based
advocacy.
Donors should support strengthening the capacity of
Child Protection Action Networks (CPAN), which consist of governmental and
nongovernmental organizations in Afghanistan, to respond more effectively to
violations against children.
The SCWG-CAC should request the UN High Commissioner for
Refugees (UNHCR) and/or the Representative of the Secretary-General on the
human rights of internally displaced persons (IDPs) to lead a study to
determine vulnerabilities and risks for displaced and refugee children from
Afghanistan. The study’s findings would be the first step towards enacting a
comprehensive action plan to find durable solutions for displaced children from
Afghanistan.
The Government of Pakistan should invite the Special
Representative on Children and Armed Conflict (SRSG-CAC) to conduct a mission
in Pakistan to identify potential ways to improve coordination in ending “cross-border
violations” that impact children affected by armed conflict such as the drug
trade, trafficking and small arms trade.
The Secretary-General should request the UN Country Teams
in Afghanistan and Pakistan, under the leadership of the SRSG-CAC, to establish
a UN regional strategy to contribute actively to the protection of children
affected by cross-border violations.
The UN Country Team in Pakistan should establish a Working Group on
Children affected by Armed Conflict to more effectively address the concerns of
Afghan refugee children, and cooperate with the CTFMRM and other child
protection agencies in Afghanistan to address issues of common concern,
including cross-border recruitment of child soldiers and trafficking.
The Afghan Independent Human Rights Commission
(AIHRC) should
coordinate closely with the independent Human Rights Commission of Pakistan
(HRCP) to conduct joint monitoring and reporting along their common border
areas.
In 1979 at the height of the Cold War,
Soviet forces invaded Afghanistan to fight a proxy war. After the withdrawal of
the Soviet forces in 1989, factional fighting among various armed groups
continued until 1996, when the capital, Kabul, was taken by the Taliban, a
fundamentalist Islamic group. By 2001, the Taliban controlled 90 percent of the
country and imposed a new regime based on the strictest version of Sharia, or
Islamic law, denying basic rights to women and children, including access to
education, and subjecting them to cruel punishments.
Following the terrorist attacks of September 11, 2001, a U.S.-led
coalition intervened in Afghanistan and with the Northern Alliance, an Afghan
opposition armed group, soon removed the Taliban, which had harbored Al Qaeda, a
terrorist network, from power. This intervention initiated a process of
political, security and social reforms aimed at establishing a democratically
elected Afghan government and rebuilding peace in the society after nearly
three decades of war.
The Bonn Agreement of December 2001 laid the foundation for
Afghanistan’s future government, which led to the establishment of a
transitional authority in 2001, the adoption of a new constitution in 2004, and
presidential and parliamentary elections in 2005. In order to support the
Afghan Security Forces to maintain security, the UN Security Council authorized
member states to form the International Security Assistance Force (ISAF), which
operates under Chapter VII of the UN Charter. Since 2003, ISAF has been led by
NATO and as of March 5, 2010, is comprised of approximately 89,480 troops from
44 different countries. More troops are anticipated to arrive in the first half
of 2010, bringing the total number of ISAF troops to about 100,000. In addition
to ISAF, at least 12,000 mostly U.S. forces are deployed along the Afghanistan-Pakistan
border under the mandate of Operation Enduring Freedom (OEF), a joint U.S., UK
and Afghan operation. All international military forces operating in
Afghanistan – whether under ISAF or OEF – are placed under the
operational control of the U.S. Forces Afghanistan (USFOR-A). Linked to these
military efforts, ISAF member states have also deployed 26 Provincial
Reconstruction Teams (PRTs) in Afghanistan, which include military and civilian
components to facilitate development, reconstruction and governance efforts in
various parts of Afghanistan.
Since 2002, the UN
Assistance Mission in Afghanistan (UNAMA) has been mandated by the Security
Council to support the government to build peace through the promotion of human
rights, reconstruction and development. UNAMA works as an “integrated” mission,
meaning that it aims to address development and humanitarian issues, as well as
political affairs. UNAMA has also assisted the government in implementing key
frameworks for cooperation with the United Nations and the international
community, including the Afghanistan Compact of 2006 and the Afghanistan
National Development Strategy (ANDS). With a staff of 1,500 military and
civilian employees, most of which are national staff, UNAMA is one of the
smaller UN operations worldwide. In the beginning of 2009, UNAMA added a child
protection advisor, who works closely with the mission’s various sections,
particularly the Human Rights Unit.
The new government and international support for the peace-building
process sparked hope among many Afghans, instigating the voluntary repatriation
of millions of refugees from Iran and Pakistan to Afghanistan immediately after
the defeat of the Taliban. However, the security situation deteriorated
significantly after 2004.[xix] From 2004
to 2010, the areas experiencing ongoing attacks have extended from the south
and southeast to the areas that were earlier deemed secure, including the
northern and eastern regions. Violence against civilians has not only spread
throughout the country but has also intensified in the last few years, as
demonstrated by the rise in civilian casualties from about 1,500 civilians
killed in 2007, to over 2,100 killed in 2008 and more than 2,400 civilians
killed in 2009, according to UNAMA’s annual reports on the protection of
civilians in armed conflict.[xx]
Many Taliban forces and other armed groups never left their strongholds
in Afghanistan. Others regrouped into areas along the Afghanistan-Pakistan
border and gained strength, largely operating from the semi-autonomous
tribal-dominated area of western Pakistan, including the Federally Administered
Tribal Areas (FATA), Baluchistan and the North West Frontier Province (NWFP). Given the Taliban’s frequent
cross-border attacks, Afghan authorities and the international community have
increased pressure on the Pakistani government to take stronger action against
the insurgents in northwest Pakistan, including through military operations.[xxi]
These armed
opposition groups have used insurgency tactics to undermine the government and
push out international forces. They have also specifically targeted those seen
as supporting government efforts such as teachers, health professionals and
students. Common tactics include attacks on schools and hospitals, the use of
indiscriminate improvised explosive devices (IEDs) and employing suicide
attacks in highly populated areas. The authority of the central government is
further limited by the existence of shadow governments established by the
Taliban in many provinces, warlords claiming ownership of certain areas and the
expansion of criminal networks. In some areas, local militias – allegedly
with clandestine support from the Afghan and American governments– also
conduct military operations against insurgents which risk undermining the rule
of law due to their lack of formal training and accountability structures. [xxii]
Intensified aerial
attacks by international military forces have also killed civilians. In several
instances, the Afghan government and international and national human rights
organizations have questioned whether aerial bombardments were proportional and
necessary.[xxiii]
In response, the commander of U.S. and NATO forces in Afghanistan, General
Stanley McChrystal, revised the strategy of international military operations
and issued tactical directives to troops under his command with the specific
goal of avoiding civilian casualties and increasing transparency and
accountability of military operations.[xxiv]
This strategy has resulted in a reduction of recorded civilian casualties by
international forces in 2009 and in the first few months of 2010.[xxv]
Yet, the continuing deterioration of the security situation and the lack of
basic health and social services in many areas have made it difficult for international
military forces to gain the Afghan people’s support for counterinsurgency and
reconstruction efforts.
After decades of
conflict and corrupt governance, Afghanistan currently depends almost entirely
on international support for maintaining safety, rebuilding its economic,
political and legal structures and paying for such basic services as policing,
health care and education. Despite progress achieved in the health and
education sector in recent years, Afghanistan has been consistently ranked near
the bottom of the Human Development Index with the majority of Afghans living
in extreme poverty.[xxvi] In
contrast, economic activity in the black market – often coupled with
criminal activity – has been growing, partly due to the government’s
inability to enforce the rule of law, particularly in the border areas. For
instance, a significant share of the estimated US$4 billion net profit of drug trafficking
goes to armed groups through direct involvement, bribery and taxation,
according to the UN Office for Drugs and Crime (UNODC).[xxvii]
Extortion and misbehavior as well as impunity by the police and senior
government officials have left local people in some parts of the country
resentful towards their own government.[xxviii]
Moreover,
institutionalized corruption prevents the government from establishing the rule
of law and instilling trust among citizens in their state institutions. Local
powerbrokers have been accused of bribing government officials and law
enforcement agencies, or using patronage linkages to evade prosecution,
according to the 2009 report of the UN Office of the High Commissioner for
Human Rights on the situation of human rights in Afghanistan.[xxix]
In the 2009 elections, Hamid Karzai was affirmed as President of Afghanistan
after the first round was declared fraudulent by a UN-backed commission and the
subsequent second round withdrawal of Karzai’s main rival who cited a lack of
transparency in the proceedings. Such reports of corruption by high-level state
officials risk undermining not only the credibility of the Afghan government
but also of the UN and the wider international community backing it.
At the
London Conference in January 2010, the Afghan leadership and its international
partners agreed to a “roadmap” setting out a five-year military and civilian
strategy to address the security, governance and economic concerns of the
country. Conference participants agreed that international military forces
would gradually transfer responsibility for Afghan security to the national
government and by the end of 2011, the Afghan army would expand troop levels
from 97,000 to 171,600, and the national police forces from 94,000 to 134,000. [xxx] Further, donor nations promised to support the government’s plans
for an Afghan-led National Peace and Reintegration Programme to lure low- and
mid-level insurgents away from violence by offering economic incentives. They
also welcomed the government’s plans to hold a loya jirga that would bring
government officials, tribal leaders and some moderate Taliban leaders together
to discuss steps towards resolving the current conflict. The London Conference
participants announced US$1.6 billion in debt relief, and appealed to donors
for US$870 million in humanitarian aid. The specifics of the five-year plan are
expected to be determined at a conference in Kabul in mid-2010.
There were approximately 1,300 national NGOs,
300 international NGOs and 16 UN organizations engaged in humanitarian and
development assistance in Afghanistan as of January 2010, according to the
Agency Coordinating Body for Afghan Relief (ACBAR). Intense fighting, landmines
and targeted attacks or threats against staff members often prevent these aid
organizations from assisting children
and their communities in the areas most affected by the conflict.[xxxi] Afghanistan represents one of the most
violent environments for aid workers worldwide, according to the Humanitarian
Policy Group, an independent think tank.[xxxii] In 2009, approximately 43 percent of the
country was considered “high-risk” by the UN Department of Safety and Security
(UNDSS) and was cut off from humanitarian assistance, particularly the
conflict-affected south, southeast and parts of the west.[xxxiii] As a result of limited access, national
health and education campaigns miss thousands of children in need, and the
campaign’s effectiveness is undermined. For example, 130,000 children did not benefit from
the UN-led vaccination campaign against polio in 2009 (see below: Health).
Despite large-scale
internal displacement, ongoing conflict and natural disasters, most donor
states have largely neglected growing humanitarian needs.[xxxiv] The 2010 UN Humanitarian Action Plan for
Afghanistan (HAP), the main mechanism for coordinating humanitarian response,
requests a total of US$870 million from international donors, a 30 percent
increase in requested funding compared to the 2009 HAP. However, the desire of
troop-contributing nations to reinforce development in the provinces where they
are active means that aid is not necessarily channeled to the areas with the
highest needs for humanitarian or development aid.
In addition to
depriving children of their basic rights, the lack of access to some of the
areas most affected by the conflict makes it difficult for aid organizations to
define the needs of children and other vulnerable groups. For
example, the campaign of the
Afghan government, with support from the United Nations Children’s Fund
(UNICEF), to register all newborn children by 2009 had to leave out all
children living in remote or insecure areas.[xxxv] With only 1 percent of Afghans holding a birth certificate
as of 2008, information from this registration exercise would have allowed the
government to obtain accurate and comprehensive numbers of children to inform
its planning for building schools and health facilities, as well as vaccination
initiatives. Moreover, the possession of a birth certificate endows children
with the right to benefit from the special legal protection framework,
including the specific laws on juvenile justice, and on the recruitment and use
of children by armed groups or forces.
The military
involvement in development activities has endangered Afghan civilians and aid
workers as these projects often become the targets of armed opposition groups,
leading to the blurring of lines between the military and humanitarian mission.[xxxvi] The UN Office for the Coordination of
Humanitarian Assistance (OCHA) re-established its presence in Afghanistan in
October 2008 to advocate for more principled humanitarian action and to strengthen independent humanitarian coordination by the UN.[xxxvii] Despite this positive development, on a
structural level OCHA remains connected to UNAMA – and thereby its
political mandate – as it is led by the Humanitarian Coordinator who also
functions as Deputy Special Representative of the Secretary-General and
Resident Coordinator.
The deterioration of aid delivery in
Afghanistan is to a significant extent due to the nature of PRTs and the way
they have been implemented. PRTs,
which usually consist of a military and a substantially smaller civilian
contingent, carry out relief work but are directly managed by ISAF member
states. PRTs tend to operate in some of the most insecure areas that are off
limits to the UN, the Afghan government and many NGOs. However, their
underlying political agenda – to gain support for the government and the
international presence – undercuts humanitarian principles of neutrality
and impartiality and makes it even harder for aid agencies to retain their
space in other areas, according to a study by Tufts University’s Feinstein
Institute.[xxxviii] Moreover, NGOs have criticized PRTs for
their lack of technical expertise and the absence of a coherent nationwide
strategy among the various PRTs, which are currently only accountable to their
home governments.[xxxix] Instances where PRT-led projects have proven
unsustainable tend to negatively affect how communities view and accept
international aid workers.
In order to clarify
the specific roles and responsibilities of civil and military actors, UN
agencies, ISAF and NGOs agreed to non-binding Civil-Military Guidelines in May
2008.[xl] The Guidelines affirm that in principle,
government and humanitarian actors are responsible for providing humanitarian
assistance. In contrast, the role of the military is only to assist civilian
actors to provide basic infrastructure and urgent reconstruction assistance in
exceptional cases and as a “provider of last resort.” This usually refers to
cases where the protection of the person’s physical security requires a
military presence. In addition, the Guidelines call for the clearly visible
distinction between humanitarian and other actors. However, some military
actors have violated the Guidelines and international humanitarian principles
by engaging in relief activities for force protection purposes.[xli] Humanitarian actors have also noted a lack
of awareness of the Guidelines among PRT staff or lack of commitment among
troop-contributing countries to implement them due to their voluntary nature.
In addition, the impact of the Guidelines is limited as the US-led OEF has not
agreed to its provisions and the Taliban and other armed opposition groups
remain largely unaware of it.[xlii]
In the recent
presidential elections, Afghanistan’s Independent
Election Commission (IEC) used health facilities and school buildings as
polling stations, citing the lack of alternative public buildings for this use.
UNICEF, the World
Health Organization (WHO), OCHA, the UN Educational, Scientific and Cultural
Organization (UNESCO), NGOs and several government officials repeatedly warned
of the severe risks to the security of students and patients given the
Taliban’s opposition to the elections.[xliii] In August 2009, the month of the elections, there were 249 reported incidents
against education compared to 48 reported incidents in the month of July,
according to the UN-led Country Task force on the Monitoring and Reporting
Mechanism (CTFMRM). In many of these cases, insurgents had attacked polling
stations located in schools.
Recommendations on Humanitarian Access
UN agencies,
ISAF and NGOs should integrate child protection
best practices and relevant provisions of Security Council Resolutions 1612 and
1882 into the Civil-Military Guidelines, including prohibitions against the use
of schools and students for political purposes. Adherence to the Guidelines
should be reported to the Expert Committee on Protection of Civilians to inform
its recommendations regarding UNAMA’s mandate renewal.
International
military forces should ensure that their standard
operating procedures (SOPs) are in line with the Civil-Military Guidelines.
This includes providing regular trainings on the Guidelines for all staff,
including civilians and PRTs and highlighting the relevant provisions related
to the protection of children.
The SCWG-CAC should request an independent assessment of the impact of projects that
are funded or operated by Provincial Reconstruction Teams (PRTs) on the
security and well-being of children in Afghanistan. The assessment should
explore alternative ways to assist children living in areas that are not
accessible by UN agencies or NGOs.
The GoA should under all circumstances avoid the use of education and health
facilities in the upcoming elections and for other political purposes.
Humanitarian
organizations should involve local community members
in the planning, execution and evaluation of development assistance projects to
increase their applicability and long-term impact.
Donors should follow the Good Humanitarian Donorship Principles so that
funding is allocated in proportion to the needs of the most vulnerable
populations, including children, and not to further political goals.
The number of civilians killed and injured since 2006 as a result of the
armed conflict has risen at an unprecedented rate. Nearly 6,000 civilians were injured
or killed due to conflict-related violence in 2009, and of this number 2,412 were
killed, according to UNAMA’s annual report, Protection
of Civilians in Armed Conflict in Afghanistan, 2009.[xliv] This marks
a 14 percent increase in civilian deaths as compared to the same time period
the previous year. Most of the incidents were recorded in the south, southeast
and eastern regions where aid organizations have limited access and hostilities
have escalated. In 2009, 346 children were reportedly killed due to
conflict-related violence, including 131 through air strikes and 22 in night
raids by Special Forces, and 128 were killed through assassinations, suicide
bombings and other attacks by armed opposition groups, according to UNAMA.[xlv]
This number does not include incidences where children were killed by landmines
and explosive remnants of war (ERW), and might only be a fraction of the actual
cases as human rights monitors have limited access to conflict zones due to
insecurity. The Afghan Independent Human Rights Commission (AIHRC) reported 520
children killed by warring parties between March 2009 and March 2010, which
also includes mine-related victims. The Afghanistan Rights Monitor (ARM), a
local human rights group, reported at least 1,050 children killed by suicide
attacks, air strikes, improvised explosive devices (IEDs), ERWs and in cross-fire
between warring parties in 2009.[xlvi]
While the Taliban’s Code of Conduct instructs “every member of the
Mujahideen [to] do their best to avoid civilian deaths, civilian injuries and
damage to civilian property,” armed opposition groups have at times directed
their violence at civilians to intimidate them and undermine the government,
staging suicide bombings in highly populated areas, detonating IEDs on busy
civilian roads, and attacking schools and hospitals (see below: Education and
Health). Children have
also been targeted by these armed groups and executed on allegations of spying
for government or international military forces, according to UN
sources. There are also reports of armed groups deliberately using children as
human shields.[xlvii]
Most of the civilian deaths attributed to pro-government forces were as
a result of airstrikes and, to a lesser extent, night raids often involving
excessive use of force. For example, in May 2009, the U.S. claimed that it
responded to calls by Afghan Armed Forces for protection against insurgent
attack by using aerial bombardments, which killed at least 65 children and 21
women in a village in the Bala Bulok district of Farah Province, southwestern
Afghanistan, according to AIHRC. Independent human rights organizations have
struggled to verify such claims due to the lack of transparency in
investigations conducted by international military forces.[xlviii]
In many of these cases, the use of unreliable sources or faulty intelligence
have contributed to increased civilian casualties.[xlix]
One of the most problematic aspects for child protection actors is that
contrary to the Convention on the Rights of the Child’s definition, ISAF’s
Civilian Casualties Tracking Cell defines a child as a person under the age of
15. This makes it extremely difficult to accurately assess the impact of
military attacks on children and may lead to underestimates of the number of
children associated with armed groups.
Children have also been caught in the cross-fire as fighting between the
Afghan forces and international military forces against armed opposition groups
continues. Similarly, landmines, ERW and other explosives placed by armed
forces and other groups have killed hundreds of children and inflicted
permanent injuries on others throughout the conflict (see below: Landmines and
ERW).
Following an attack, children and their families usually do not even
receive basic information as to who has committed the crime, the circumstances
of the incident or the status and follow-up of investigations, including
potential prosecutions.[l] To date,
there has never been an indictment or conviction of Taliban combatants for
crimes against humanity or war crimes, which can be punished under
international and domestic criminal law. Moreover, in February 2010, the Afghan
government put into force the reconciliation and general amnesty law which
gives immunity to prosecution for those engaged in the current hostilities if
they agree to engage with the government on reconciliation. Human Rights Watch
(HRW), the Transitional Justice Coordination Group, which consists of 24 Afghan
civil society organizations and other human rights organizations have raised
serious concerns regarding the amnesty law, arguing that it would ultimately
undermine the reconciliation and peace process and violate international law.[li]
The
responses of international military forces to attacks involving the injury or
death of civilians has varied depending on the troops involved. However, the
lack of public acknowledgement, prosecution and compensation have increasingly
caused Afghan civilians to lose faith in international troops, according to
AIHRC.[lii]
In August 2009, General Stanley McChrystal, the commander of NATO ISAF and U.S.
Forces, put the protection of civilians from attacks, the reduction
of civilian casualties and transparency and accountability for military
operations at the center of his counter-insurgency strategy.[liii] As part
of this strategy, General McChrystal issued a series of Tactical Directives to
ISAF and U.S. Forces in Afghanistan that provide specific instructions to
troops regarding “force protection,” air strikes and night-time raids.[liv]
ISAF’s Civilian Casualties Tracking Cells and a parallel unit within USFOR-A,
the command and control headquarters for U.S. forces operating in Afghanistan, were
established to ensure a more systematic monitoring and response to reported
incidents, including investigations and compensation.
As a result of these initiatives, fewer civilians were reportedly killed
in airstrikes in 2009 than in 2008, according to UNAMA’s figures. The focus on
civilians is also reflected in some of the drastic responses that some troops
have taken in instances where civilians have become the victims of military
operations: The order of German NATO forces to carry out an air strike in
Kunduz on September 3, 2009, which appeared to contravene McChrystal’s
directives and ISAF standard operating procedures, led to the resignation of
three German senior officials. A NATO investigation confirmed that the military
had withheld information that civilians had been killed in the incident.[lv]
However, there is still no transparent, comprehensive and independently
monitored system to investigate violations committed by military forces and to
hold perpetrators accountable or a uniform strategy for compensating civilians.
Compensation also largely depends on the troops perpetrating the attack and is
provided on a case-by-case basis, according to the Campaign for Innocent
Victims in Conflict (CIVIC).[lvi] While most
troops offer an ex gratia payment to
civilians suffering losses in combat operations, survivors face serious
obstacles in obtaining this assistance in a timely manner due to the difficulty
in identifying the military unit responsible, the lengthy bureaucratic process
involved and the lack of access to offices receiving complaints. [lvii]
A number of NGOs have thus called for a more pro-active and systematic
approach in contacting victims and their families to offer official apologies,
inform them about the circumstances of the incident and to explain to them how
they can raise complaints and have them heard by ISAF. They also urged all
troop-contributing countries to develop a systematic, transparent way of
compensating families and victims that is standardized by all troop-contributing
countries. [lviii]
More than 200,000
children in Afghanistan live with permanent injuries and disabilities suffered
during hostilities or as a result of inadequate medical support, according to
the most recent survey by Handicap International in 2005. The government pays a
monthly pension of US$6 to US$10 to persons with disabilities, which barely
covers the cost of medical treatment, according to Handicap International.[lix]
School facilities and teachers are not equipped to address the special needs of
students with disabilities, which further casts the children into disadvantage
and isolation, according to officials at the Ministry of Education.[lx]
Only 22.4 percent of the 196,000 children with disabilities in Afghanistan who
would have qualified for school were able to attend school, according to the
International Organization of Persons with Disabilities.[lxi]
Afghanistan
has not signed the UN Convention on the Rights of Persons with Disabilities,
which asks signatory states to ensure that “children with disabilities are not
excluded from free and compulsory primary education, or from secondary
education.” National legislation related to persons with disabilities is
currently in the process of being approved. In order to facilitate integration
of children with disabilities, the Ministry of Education has introduced
awareness-raising components in the school curriculum and is working on
strategies to provide specialized and inclusive education.[lxii]
Recommendations on
Killing and Maiming
All parties to the conflict must take all possible measures to
avoid civilian casualties. All alleged perpetrators should be held accountable
in accordance with national and international law.
The GoA and international military forces should ensure that their
investigations into alleged violations against civilians are transparent,
timely and independently monitored. The results of these investigations should
be publicly shared and include data disaggregated by age on combatant and
civilian casualties.
The GoA should repeal the reconciliation and general amnesty
law and hold perpetrators of violations against civilians, including children,
accountable in accordance with national and international law.
International military forces, in coordination with the related
national mechanism (Presidential Fund and the Ministry of Labor, Social
Affairs, Martyrs & Disabled compensation mechanism), should devise a
uniform strategy for compensating civilian survivors of attacks and ensure that
these compensation systems are made easily accessible to victims, including children.
The GoA should immediately sign and implement the UN
Convention on the Rights of Persons with Disabilities and, with international
support, more effectively assist children with disabilities.
Thousands
of Afghan children and their families have been forced to flee their homes due
to armed conflict and economic hardship. In addition, more and more Afghan
refugees are returning from other countries only to fall again into
displacement in their own country due to insecurity in their places of origin
or lack of access to their previously owned land. Large and mounting numbers of
the internally displaced remain “invisible” to the government and international
organizations due to ongoing hostilities and serious access constraints.
As of the
end of 2009, an estimated 297,000 internally displaced persons (IDPs) were
living in makeshift camps, informal settlements, or being hosted by Afghan
families to which they have close ties, according to the UN High Commissioner
for Refugees (UNHCR), which co-chairs the National IDP Task Force together with
the Afghan Ministry of Refugees and Repatriation Affairs. More than half of
these IDPs – approximately 161,000 – are children, according to
UNHCR estimates. Despite their large number and special needs, humanitarian
agencies on the ground confirmed that there was a dearth of comprehensive,
disaggregated data on their situation to inform policy and programmatic
responses.
Assistance
to IDPs – whether residing in camps, settlements or outside the camps,
including in urban areas of major Afghan cities – remains minimal,
uncoordinated and partially ad-hoc. Health workers frequently describe children
suffering from preventable diseases like measles, dysentery and diarrhea as a result
of the lack of vaccinations, unhygienic conditions in IDP settlements and the
lack of access to safe drinking water.[lxiii] Many of these children are deprived of
access to educational opportunities in the settlements as one-third of all
sites lack education facilities and virtually none offer access to higher
education.[lxiv] Displaced parents residing in Kabul’s
makeshift camps have reportedly even sold their children to criminal and
trafficking circles to survive or provide for their other children.[lxv]
Moreover,
the state of displacement often deprives children of protective community or
family structures and exposes them to a greater risk of recruitment into armed
forces or groups. While more evidence is needed, available data seems to
indicate a correlation between child recruitment and high levels of
displacement, according to the 2008 Secretary-General report on CAC in
Afghanistan (see below: Child Soldiers). In fact, the threat of child
recruitment has caused some families to flee their homes, according to the same
report.
In
particular, finding durable solutions for children at risk, including
unaccompanied and orphaned children, remains a challenge, according to UNHCR.
While the Government of Afghanistan’s 2006 National Strategy for Children at
Risk focused on developing community and family based support for vulnerable
children and reducing the emphasis on institutional care, the orphanages run by
the government and the Afghan Red Crescent Society provide mostly temporary
shelter and do not always admit boys of 15 years and older.[lxvi] Child protection agencies have also warned
of the poor living conditions in some orphanages. For example, a survey
conducted by AIHRC with 43 children in Alahuddin Orphanage in Kabul found most
children to be dissatisfied with the facilities, citing poor food quality, lack
of sanitation facilities and physical and verbal violence.
In the
mid-1990s, at the peak of the displacement crisis, an estimated 8 million
Afghan refugees lived in neighboring countries, mainly in Pakistan and Iran,
representing one of the largest refugee populations worldwide.[lxvii] With the arrival of a new government,
international forces and funding, more than 5.6 million people decided to
return to their home country between 2002 and 2009.[lxviii] Of the 4.4 million assisted returnees from
Pakistan and Iran, over 2 million were under the age of 18, according to UNHCR;
the agency further reports approximately 1.6 million registered refugees living
in Pakistan and about 1 million in Iran as of January 2010.[lxix] While updated data on Afghan refugee
children in Pakistan and Iran is not available, UNHCR estimates about 1.18
million children among Afghan refugees in Pakistan and 345,000 children among
Afghan refugees in Iran based on statistics from registration exercises
conducted in 2007.[lxx]
Pakistan is not a signatory to the
1951 Refugee Convention and its 1967 Protocol, which establish the
international legal standards for refugee protection. While Iran is a signatory
to both the Convention and the Protocol, regimes after 1979 have refused to
abide by the provisions of the 1951 Convention. The prolonged refugee presence and security
issues due to cross-border migration and crime have led to concerns that the
countries would close their borders and put pressure on Afghan refugees to
return home, according to the International Crisis Group.[lxxi] Since 2004/2005, both Pakistan and Iran have
tightened their asylum policies and increased pressure on Afghans to leave the
country by closing refugee camps, cutting off assistance and in some instances
arresting and deporting refugees.
Most of
the registered refugees in Pakistan (around 85 percent) are living in the two
provinces adjacent to Afghanistan – North West Frontier and Baluchistan
– two of the most destitute provinces. There are serious protection
concerns for refugees living in these areas as some armed groups have
reportedly used the camps as bases for their military operations in
Afghanistan.[lxxii]
Citing
security concerns, the Government of Pakistan has limited the access of aid
organizations and only allows aid to be provided to refugees through its own
programs despite its limited expertise on protection issues and its direct
political involvement in the conflict.[lxxiii]
In March
2010, a new Tripartite Agreement between the governments of Pakistan and Afghanistan,
and UNHCR on voluntary repatriation was signed, which extends the stay of
registered refugees through December 31, 2012. Between 2005 and the beginning
of 2010, about 25 Afghan unaccompanied minors – largely undocumented
labor migrants – were deported from Pakistan, according UNHCR’s
statistics from border monitoring.
The
situation for refugees in Iran also remains precarious. Since 2002, about 5,818
Afghan unaccompanied minors have been deported from Iran, according to UNHCR.
While the majority of these child deportees are undocumented labor migrants,
human rights organizations warn that child deportees may be at a heightened
risk of sexual exploitation, physical abuse, human trafficking and various
exploitations and abuses upon their return, according to AIHRC.[lxxiv] Some deportees have accused the Iranian
police of beatings, illegal and arbitrary detention, and the Iranian security
forces of insults before their expulsion.[lxxv] The Iranian government has also made it more
difficult for Afghan refugees to stay in the country by banning them from 22
provinces as part of its “no-go area” policy and gradually cutting off their
access to subsidized education, health care and food.[lxxvi] In 2009, the government took some steps to
ease these restrictive policies by beginning to give work permits to registered
Afghan refugees and allowing all school-age children, including registered and
unregistered refugees, to enroll in grades 1 -12 in the same manner.[lxxvii] However, gaps in the implementation of these
policies remain, according to UNHCR.
Most
registered Afghan refugees do not want to return to their home country due to
the deteriorating security situation, the limited absorption capacity of
communities in Afghanistan and the lack of socio-economic opportunities.
Without land, jobs, access to basic services and with ongoing security risks,
returnees are at a high risk of renewed displacement within Afghanistan or
forced re-migration to neighboring countries.[lxxviii] UNHCR alluded to the specific protection
concerns of returnee children, including child labor, smuggling and human
trafficking, and early or forced marriage.[lxxix] Moreover, about half of all refugees grew up
in another country and 80 percent have lived there for more than two decades,
making it difficult for them to reintegrate upon their return to Afghanistan.[lxxx]
Recommendations on Refugees and IDP Children
The UN
Security Council Working Group on Children and Armed Conflict (SCWG-CAC) should request UNHCR and/or the Representative of the Secretary-General
on the human rights of IDPs to lead a study to determine vulnerabilities and
risks for displaced and refugee children from Afghanistan. The study’s findings
would be the first step towards enacting a comprehensive action plan to find
durable solutions for displaced children from Afghanistan.
The GoA should ensure that unaccompanied and separated children receive
adequate interim care until they are reunited with their families, placed with
foster parents or other long-term arrangements for care are made, in accordance
with the Inter-agency Guiding Principles on Unaccompanied and Separated
Children. The government should monitor that the standards of protection and
care provided by private and public orphanages are met.
The
Government of Iran should comply with the 1951 Refugee
Convention and its 1967 Protocol; the Government of Pakistan should sign
and comply with the 1951 Refugee Convention and its 1967 Protocol. In
particular, they should provide refugee children from Afghanistan with access
to education, health and documentation to facilitate opportunities for local
integration or repatriation and ensure that their protection against harassment
or deportation is in line with international standards.
The
Governments of Afghanistan, Pakistan and Iran should work with UNHCR to ensure that children can continue their
education or vocational training upon their return.
AIHRC should coordinate closely with the independent Human Rights Commission
of Pakistan (HRCP) to conduct joint monitoring and reporting on human rights
and child rights violations along their common border areas and to take
specific measures to prevent them.
The
destruction from the war and ensuing political and economic instability have
left Afghanistan’s health care system in shambles, and nearly fully dependent
on external funding and assistance. Since 2002 the government has taken some
important steps in improving health care, which have resulted in the increase
of health facilities from 400 in 2002 to 1,788 in 2009 and a substantial
increase in trained health personnel, according to the Ministry of Public
Health.[lxxxi] With the expansion of basic health services,
preventable fatalities among infants and young mothers have marginally
decreased. However, intensified conflict, attacks and intimidation against
health workers, and low quality services, have continued to keep infant and
maternal mortality rates alarmingly high.
Afghanistan
is still the worst place for a newborn in terms of access to health care and
survival opportunities, according to UNICEF and Save the Children.[lxxxii] One in four Afghan children do not reach
their fifth birthday, partly due to lack of access to adequate health care.[lxxxiii] Save the Children reports that 15 percent of
vulnerable people, including children, in urban settings and 30 percent of
those in rural areas do not have access to any government, nongovernmental
organization or privately run health facilities in Afghanistan.[lxxxiv] Newly developed national health care
policies to provide people with basic health services (Basic Packages of Health
Services – BPHS) generally do not reach people living in the southern and
western parts of the country, partly due to insecurity.[lxxxv] As a result, children have contracted or
died of diseases that are easily preventable or controlled in most countries
around the world, including respiratory infections, diarrhea and vaccine
preventable deaths, especially measles, according to WHO.[lxxxvi]
At least
1 million Afghans (15 percent of the population) were deprived of basic health care
services due to attacks on health care facilities and health workers in 2008,
and insufficient coverage by the BPHS system. This number has doubled since
2007, according to the Ministry of Public Health and WHO (see above: Humanitarian Access).[lxxxvii] The situation in the conflict-affected
southern region (Helmand, Kandahar, Zabul and Nimroz) is particularly severe
and continues to degrade. Some health facilities have been closed, damaged or
destroyed by the armed opposition and the deliberate targeting of health facilities
and workers limits access to health services for much of the population living
in insecure areas. Many security incidents involving the harassment,
intimidation and kidnapping of health workers remain unreported because of fear
of retaliation. As of November 2008, 13 southern districts had no functional
public health facilities, potentially affecting hundreds of thousands of
people, including children, according to the UN.
Armed
groups have largely been responsible for attacking health facilities, staff
members and patients. For example, armed opposition groups destroyed several
NGO-run clinics in the east and abducted staff between July 1st and
September 30, 2009.[lxxxviii] Afghan Security Forces and international
military forces have also not always respected the special protection afforded
to medical personnel and facilities under international law. For example, in
August 2009, Afghan military forces reportedly occupied two Basic Health
Centers in Helmand province.[lxxxix] The Swedish Committee for Afghanistan also
accused ISAF of invading its hospital on September 6, 2009.[xc] In order to prevent further incidents
involving the occupation of health facilities by military forces, the Health
Cluster members, who coordinate the health response among UN, government, NGO,
academic and private actors, have developed a code of conduct for all military
actors regarding entry into health facilities (see above: Humanitarian Access).
In addition, the Health Cluster – in coordination with the UN-led Country
Task Force on the Monitoring and Reporting Mechanism (CTFMRM) –
established a mechanism for members to report attacks against health staff and
facilities (see below: UN Security Council Actions).
There is
also a critical shortage of health care workers in conflict-affected or remote
areas.[xci] On average, one doctor is responsible for
treating more than 5,500 patients, and 80 percent of health clinics lack
adequate equipment.[xcii] In particular, the lack of female medical staff
poses a serious obstacle to providing essential services to women and children.
In Paktika province, for example, there is not a single female doctor and only a
few female nurses and midwives in the entire province, where more than 180,000
women live, according to Afghanistan’s Central Statistics Office.[xciii]
Without
access to medical supplies and professional staff, some Afghans have relied on
informal medical advice from family elders or bought medicine from local drug
sellers such as opium, with harmful consequences.[xciv] In particular, the small number of female
health workers discourages girls and women from seeking medical assistance,
especially for reproductive health concerns, according to the same report.
Currently, less than one-third of health facilities have at least one female
health worker, according to the Secretary-General’s report on Women, Peace and
Security, September 16, 2009 (S/2009/465, para. 16).
In spite
of improvements, Afghanistan continues to have one of the highest maternal
mortality rates worldwide with 1,800/100,000 live births.[xcv] One mother dies every half hour in
Afghanistan because of birth-related problems, according to UNICEF.[xcvi] The infant mortality rate stands at 165 for
every 1,000 live births.[xcvii] The prevalence of early marriage has
resulted in girls giving birth at a young age when they are not yet physically
mature, which carries serious health risks for the mother and infant. For
example, an adolescent girl is two to five times more likely to die from pregnancy-related
complications than a 20-year-old woman, according to Save the Children.[xcviii]
In
addition, traditional gender norms prevent women and girls from learning about
reproductive health, visiting male doctors or accessing health facilities
without a male person accompanying them, according to UNICEF. The agency
further reports that the high maternal mortality rate is due to very limited
access to comprehensive emergency obstetric care for women living in rural
areas, poor awareness about safe delivery practices and the scarcity of
professional health workers, particularly females.[xcix] More than 70 percent of births take place at
home without any medical support and any “emergency plan” in place.[c] While the number of midwives has increased
substantially from 400 in 2001 to approximately 2,500 in 2008, more than 4,500
more midwives are required to meet current needs.[ci]
The enrollment of students for
community midwifery schools is hampered by the low literacy rates among females
in the rural and remote areas and even more by the threats and intimidation of
their families by the armed opposition groups, according to WHO. Some of its
implementing partners operating in “security challenging districts” reported
dropout rates of between 30 – 40 percent. Progress in improving the
access to skilled birth attendants is likely to be slow, especially in areas
where this would be most needed, namely in rural, remote and insecure
locations.
Untreated communicable diseases
threaten individuals and communities in Afghanistan. Of the cases reported to
the Disease Early Warning System administered by the Ministry of Public Health,
more than 60 percent posed the threat of developing into a major epidemic,
according to WHO. This situation is especially dire in insecure areas where
government and humanitarian agency operations are restricted due to
conflict. Sources at WHO report that 50 percent of outbreaks are taking
place in insecure areas, where even access to emergency health care is
impossible. For example, during the cholera outbreak of 2009, a fatality
rate of 13 percent was recorded in unstable parts of the southern region. These
untreated, often serious diseases contribute to Afghanistan’s under-five
mortality rate of 25 percent, which is one of the highest in the world.[cii]
Nationwide
campaigns by the Afghan government with UN support to eradicate polio have
resulted in the near-eradication of the pandemic in the last two to three years
within the country, according to WHO. However, insecurity has prevented
agencies from accessing 110,000 children in the conflict-affected southern
provinces, where 20 of the 23 cases were registered in 2009, according to a WHO
2009 report on the polio eradication campaign. Health agencies consider the
Afghanistan-Pakistan region as a primary risk area for polio as it involves two
of the four remaining countries where polio still remains endemic due to
insecurity and displacement, according to WHO. [ciii] While insecurity has prevented access to
certain areas, parties to conflict have not directly obstructed vaccination
efforts in areas under their influence or control, and the Taliban publicly
declared that it would not oppose immunization campaigns.[civ] The successful engagement of humanitarian
agencies with non-state armed groups in negotiating access for immunization
campaigns has allowed WHO and its partners to include 30,000 children from
difficult-to-reach areas, and to establish additional Diseases Early Warning
Systems for the identification and response to outbreaks.[cv]
The
Humanitarian Action Appeal warned of severe malnutrition among under-five
children, and in pregnant and lactating women in 2008 due to drought, rising
food prices and insecurity. In fact, 40 percent of children under five in Afghanistan
are underweight and 54 percent display severe signs of stunting according to
UNICEF, State of the World’s Children
2008. According to the same survey, 24 percent of lactating women are
malnourished and over 19 percent of pregnant women have poor nutritional status.
There are strong indications that young mothers and children regularly die of
malnutrition-related diseases, according to UNICEF and the Afghan Ministry of
Public Health.[cvi] UN
initiatives focus on feeding children under five and pregnant and breastfeeding
women through feeding centers and offer daily lunches
to students to encourage parents to send their children to school.[cvii]
Inadequate
access to clean water and sanitation further exacerbates the health situation
for children in Afghanistan. Less than one-quarter of all Afghans currently
have access to safe water sources, and less than one-third of the population is
able to use adequate sanitation facilities.[cviii] Three out of four public schools do not have
safe sanitation facilities for students and approximately 2 million students
attending these schools do not have access to safe drinking water, according to
UNICEF.[cix]
Basic
hygienic measures such as washing hands with soap after visiting the toilet or
before eating can reduce the risk of a child dying of diarrheal diseases by
half, according to UNICEF. UNICEF further affirms that especially older girls
are extremely unlikely to attend schools that lack gender-separated latrines.
Improving access to water and sanitation at schools can thus contribute to both
increasing school attendance and reducing child mortality in Afghanistan.
The large supply of opium together
with poverty, unemployment, mental illness, lack of awareness and widespread
despair has created an increasing demand for drugs in Afghanistan’s war-torn
society. The most recent UN Office on Drugs and Crime Drug Use Survey 2005 estimated that nearly 1 million Afghans,
including 60,000 children under the age of 15, were addicted to drugs. Children
were mostly reported as using inhalant tranquilizers. Figures on drug abuse
among youth are believed to be much higher today and encompass a wider range of
substances due to availability and continuing stresses, according to UNODC.
Most of the women using opium are of reproductive age, making babies they may
have more susceptible to withdrawal syndromes, prematurity, accidental poisoning
and other health issues.[cx]
More recently, a few health agencies
have reported entire families in Afghanistan becoming addicted to drugs.[cxi] An AIHRC study found that 15 percent of drug users surveyed gave their
children drugs to keep them quiet while they work.[cxii] The use of drugs has particularly harmful consequences for children
because they are more easily addicted and suffer permanent mental and physical
damage.[cxiii] In their drive to acquire more drugs, some children join criminal
networks or armed groups, according to UNAMA’s 2007 report. Health experts also
warn of the impending risks relating to diseases that can be transmitted by sharing
needles such as HIV/AIDS and hepatitis C (see below: HIV/AIDS).
Only one out of four reported drug
addicts in Afghanistan receives the necessary treatment and rehabilitation
services, according to UNODC. Patients expecting treatment often have to wait
months for one of the 100 beds reserved for treatment.[cxiv] The fear of being stigmatized also keeps many women and children from
seeking information and services.
Traumatic
events experienced or witnessed during the conflict continue to haunt many
children, making it difficult for them to readjust to normal life. A recent
survey found that 22 percent of 1,011 children between the ages of 11 and 16
years attending government-operated schools in Kabul, Bamiyan and
Mazar-i-Sharif exhibited signs of psychiatric disorder; girls were
two-and-a-half times more likely to have disorders than boys.[cxv]
However,
there is limited psycho-social trauma support provided in the country,
according to Handicap International. Standard health responses for victims of
violence – even rape victims – focus on physical care with little
attention paid to the patient’s mental well-being. The profession of counseling
does not even exist in public health services. Some child protection
initiatives engage conflict-affected children in activities to promote
creativity and play as an alternative to more traditional psycho-social
interventions, including skateboarding and staging a children’s circus. While
such programs may benefit a few, more systematic interventions are needed for
children to help them deal with their war experiences.
Recommendations on Health
(compare, Recommendations on Humanitarian
Access)
Donors