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Post author By Charlie January 21, 2022
State of Democracy and other Civil Liberties and
Freedoms in Afghanistan Since the Taliban Takeover
theweeklyrambler.com/state-of-democracy-and-other-civil-liberties-and-freedoms-in-afghanistan-since-the-taliban-
takeover/
Featured Photo: Image by ErikaWittlieb from Pixabay
Well as we saw take place last year the Taliban are now in control of Afghanistan and so I
thought I would take a look into how this has so far affected things like democracy, civil
liberties, and other freedoms in Afghanistan. Democracy in Afghanistan was already
fragile and unstable due to the insurgency and War in Afghanistan itself, with terrorists
often targeting voters and polling stations as well as candidates.
All sources for this post are found at the end.
What was it Like under the Republic?
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The Freedom House 2021 report (which focuses on the year of 2020) rated Afghanistan
even then as Not Free giving it a poor 27/100, with 13/40 in political rights and 14/60 in
civil liberties, so even before the Taliban takeover things were not the best, scores were
not changed from the previous 2020 report (focusing on 2019). I have done a government
system post on Afghanistan before, in fact it was the first one in the series, but I am not
exactly pleased with it now as for me it does not come on par with my current government
system posts, and one day I may re-do it, so I would not pay too much heed to it.
But in basic before the renewed Taliban takeover Afghanistan was a Presidential
Representative Parliamentary Democratic Republic, having a directly-elected President
as Head of State and Head of Government, and a Parliament that was bicameral
although the lower House had primacy with the upper house having checks but working
similar in fashion to our own House of Lords. The Constitution at the time guaranteed
many rights to the populace, but much of this was undermined by the Taliban insurgency
at the time. Political rights and civil liberties also suffered from corruption, violence,
patronage, and flawed processes in the electoral system.
The last President of the Republic of Afghanistan was Ashraf Ghani, having been re-
elected for a second time in a result that was disputed by the closest rival
Abdullah Abdullah who had been Chief Executive previously, a special temporary position
made for him following previous electoral disputes, which gave him a lot of influence with
the President and government. Following the 2019 election both Ghani and Abdullah
eventually came to a political agreement to work together in a government headed by
Ghani.
The President in Afghanistan can serve two 5-year terms at maximum, before Ghani the
first President of the Republic of Afghanistan, Hamid Karzai, had served two full terms.
The President appointed the Ministers of Government with approval of the legislature,
although under the 2019 political agreement between Ghani and Abdullah, Abdullah’s
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team also played a role in the appointment of ministers. Abdullah also got put in charge of
the High Reconcillition Council to run the peace process in Afghanistan (which clearly
failed in maintaining a peaceful Republic).
The 2019 election itself had been described as facing several flaws and challenges, and
points where it almost was not held, according to Freedom House and that final voter
turnout was at a historic low at only around 1.8 million, only a mere fraction of the total
population of over 38 million. An electoral roll and biometric voter verification were rolled
out for the election but faced major issues, over a million of the votes had to be thrown
out as there was no record of them on the biometric voter verification system. Candidate
teams also lacked confidence and were suspicious of political interference.
Elections to the legislature were also not considered free and fair during this time either.
The bicameral national assembly or House of the People (Wolesi Jirga), consisting of
249-seats, were directly elected for 5-year terms. The upper House, called the House of
the Elders (Meshrano Jirga), had 102 members and was meant to have two-thirds of
them elected by provincial councils to 3-and-4-year terms, while the rest of the members
were appointed by the President for 5-year terms. The Constitution did have it down that
elected district councils would also send members to the House of the Elders but never
ended up being established, according to Freedom House. The lower house also had 10-
seats reserved for the nomadic Kuchi community, and 65-seats reserved for women (68
when counting three seats for women from the Kuchi community).
Parliamentary elections use the single non-transferable vote with members elected
from multiseat constituencies. The system used is not proportional in its nature and so it
can tend to award more seats to candidates with a lower share of the vote. 2018 and
2019 saw the introduction of the biometric system and new voter roll which helped
against mass fraudulent voting that was common in prior elections, but there were
concerns election management bodies may have colluded to circumvent these new
safeguards.
The last elections to take place for the legislature before the fall of the Republic were in
2018 (which were actually postponed elections originally meant to take place in 2014 but
were not due to alleged security concerns, and so the President extended the mandate of
the legislature which some allege was done unconstitutionally via a decree). The
elections in 2018 faced security threats from the Taliban and were also
poorly organised by the Independent Election Commission. Despite this over 4 million
people still voted, which made up around half of registered voters, which again the
number registered compared to the population as a whole is not really good. Counting
and finalisation of results took some time and were also contested and members of
electoral commissions complained of corruption.
The 2018 election also faced poll worker shortages mostly blamed on threats of violence,
and the untested biometric voter verification system played a part in causing delays at
polling stations, and that there were long lines. It was reported it took hours for many to
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be able to vote and that some ended up leaving without voting. Low turnout in areas
where there was a low threat from the Taliban has been blamed on the expectation of
fraud and feeling as if their vote will not count.
The country was also rated low on fairness of electoral laws and impartial applications of
them by relevant electoral management bodies. The two main bodies being the
Independent Elections Commission and Electoral Complaints Commission. Both of these
bodies were disbanded following the 2018 election and several members of these bodies
were prosecuted and jailed for corruption, with this being seen as corrupt itself.
Afghans were allowed to form or join political parties and a highly competitive field of
parties did exist covering traditional, Islamist, and liberal ideologies. Despite this most
candidates ran as Independents and took part in fluid alliances where patronage, both
local and regional, played a big role. Political parties never managed to obtain mass
support during the existence of the Republic, with political party registration having been
allowed since 2005. Any main parties were defined by their relation to prominent
figures/factions who played roles in earlier stages of the War in Afghanistan.
The question of whether opposition leaders or parties who sought power through
elections ever had a realistic chance was never fully settled. Presidential incumbents had
significant advantage in elections thanks to control over administrative and security-sector
appointments and influence in financial-resources allocation, and again the question of
whether opposition figures had a realistic pathway to power were never realized.
The Taliban insurgency was always the dominant threat to democracy, their power was
most prominent in rural areas, but could also put pressure on some urban areas as well.
The Taliban do not view electoral democracy as Islamic, and so always aimed to disrupt
elections, and also targeted civilians they considered government/political system
apologists.
Many areas of Afghanistan also saw the emergence of former military commanders who
became important local powerbrokers (or you may also have heard them being called
warlords), who often had patronage links to government as well as being influential
among security forces or even informal militias. These warlords would often
exercise disproportionate influence over the local population and would often attempt to
speak on their behalf when communicating with the government.
There were also issues with civil administration and wealthy elites having undue influence
over electoral apparatus, with such people being seen as behind the prosecution and
jailing of electoral commission members in 2019 for fraud.
Corruption was ever a problem in Afghanistan despite periodic arrests, prosecutions, and
dismissals of civilian and military officials accused of corruption and the setting up of the
Anti-Corruption Justice Centre in 2016 with a focus on high-level malfeasance. Law
enforcement agencies and the judiciary were also affected by graft and political pressure,
and the most powerful officials and politicians were rarely if ever held to account. It was
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reported that during government formation in 2020 following the political agreement
between Ghani and Abdullah, key senior appointments could only be secured through
bribing the authority appointing them. The Government was rarely open and transparent.
Afghanistan’s judicial system during this time was not great, and many places used a
mixture of legal codes where justice was administered by judges not adequately trained.
Judges and lawyers would often be bribed or face threats from local leaders and armed
groups. Informal justice systems also existed, particularly in rural areas, using both
customary and Sharia law for disputes. Taliban-controlled areas used their own judiciary
system, although this system itself was often ignored by Taliban commanders who
imposed their own arbitrary punishments. Prosecutions and trials in the country often
suffered from lack of proper representation, a strong reliance on witness testimony that
could not be corroborated, lack of forensic evidence that was reliable, decision-making
that was often arbitrary, and court decisions often failed to be published.
The police were unsurprisingly heavily militarized and focused mostly on being a first line
of defense against insurgents in administrative centers. Corruption amongst police
authorities was high and many police officers took part in organised crime. Political and
military power brokers often faced little to no punishment for committing crimes and
abusing their authority.
Afghanistan’s constitution had seen recognition of multiple ethnic and linguistic minorities
and provided better equal status guarantees than before. The traditionally marginalized
Shiite Muslim minority enjoyed increased levels of political representation and
participation in national institutions. It also became a bridging point to include Vice-
Presidents from minority ethnic groups to broaden the appeal of the ticket.
The political scene for women was tough although far better than it was under Taliban
rule, although they are guaranteed a number of seats in the legislature as mentioned
earlier, women’s participation in politics and elections were constrained via threats,
harassment, as well a social restrictions that forbid women traveling alone and from
appearing in public. The proportion of women registered to vote was also dropping, from
41% in 2010 to 34% in 2018. 400 female candidates ran in the 2018 elections, but no
women were candidates for the 2019 presidential election.
The ability for the President and their Cabinet to set and implement state policies was
limited by a number of factors according to Freedom House. The government was always
heavily dependent on military and economic support from the US and its allies, and it
obviously was also unable to enforce laws and policies in areas controlled by the Taliban
or other insurgent groups.
The Parliament’s oversight of the executive was also always weak and even disregarded
by the government, and any legislation it adopted on its own initiative was rare.
But what about civil liberties under the Republic? Unlike under Taliban rule, Afghanistan
as a Republic had created and maintained a vibrant media sector, which included a
number of different outlets for print, radio, and television, which included a wide range of
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views and were usually not censored. There were independent and commercial media
firms, outlets tied to specific political interests, and also a state broadcaster. Mobile
phones, the internet, and social media also allowed many in the country greater access to
diverse views and information.
Religious freedoms had improved under the Republic, and although the Constitution
made Islam the official religion, it still set out to guarantee freedom of worship for other
religions. Despite this though religious minorities and Muslim reformists were still targeted
by violence and discrimination. Blasphemy and apostasy by Muslims were also still
considered capital crimes and proselytizing by non-Muslims was strongly discouraged.
Those seen as violating religious or social norms were highly vulnerable to abuse due to
things like Conservative social attitude, intolerance, and inability or even unwillingness of
authorities to defend these individual freedoms.
Places of worship, and places where funerals were held, and also religious sites were
also subject to terrorist attacks, sectarian minority groups were also at-risk of terrorist
attacks. The ongoing conflict and terror also affected the education system due to attacks,
and also the takeover of schools by the government or Taliban for use as military posts.
The Taliban also largely controlled education in its rural areas.
Women consistently faced disadvantages in the justice system, access to employment,
as well as a number of other areas as societal norms usually took precedence over legal
guarantees. Domestic violence against women was also pervasive and activists say most
are not reported and is usually dealt with outside of the justice system via traditional
mediation which allowed abusers to get away with it. Choices in marriage and divorce
were also restricted by custom and discriminatory legislation, many young girls (including
those under 16) were forced to marry older men, courts and detention systems have also
perpetuated this by jailing women who do not comply with their family’s wishes for
marriage.
LGBT+ people did not have any legal protections and faced much abuse including by
authorities. Same-sex sexual activity was also considered illegal under the penal code as
well as Sharia law.
Although the Republic’s constitution allowed freedom of movement, residence, and ability
to travel abroad, the ongoing conflict severely limited this, causing mass displacement
(which climate change and natural disasters also played a part in according to Freedom
House) of peoples and making many areas unsafe to travel in. It became harder over
time for Afghans to seek refuge abroad as the EU reinforced its external borders, member
states increased deportation of failed asylum seekers, and countries like Iran and
Pakistan have made 100s of thousands of Afghan refugees turn back home.
The constitution did ban forced labour, but things like debt bondage and child labour were
nonetheless issues, and most human trafficking were of children around Afghanistan
made to work, become servants, settle debts, or suffer sexual exploitation. Children also
faced recruitment by armed insurgent groups and sometimes even by government
security forces.
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Economic freedoms were limited by corruption as well as by a dominant minority of
wealthy politically-connected elites. Afghans made the most profits from things like
government and defense contracting, narcotics trafficking, as well as property and
minerals development, investors in these sectors depended on connections to people in
power. Land theft with threat of force was also another big problem facing people. The
lawful business climate was largely unfavorable due to harassment, extortion, and
arbitrary taxation.
Private discussion in government-held areas on political or other sensitive topics were
mostly free and not really limited, but similar or the same discussions were more
dangerous for those living in Taliban-held areas or areas contested. Right to peaceful
assembly was guaranteed by the Constitution, but in practice this was upheld differently
from one region to another, with cases of police sometimes firing live ammunition to
breakup peaceful protests, and such protests have also faced terrorist and militant
attacks. Taliban-controlled areas routinely suppressed protests.
Nongovernmental organisations were also guaranteed by the Constitution and had played
an important role in the country, they could though face corruption and bureaucratic
reporting requirements, but one of the biggest threats to their activities was from the
threat of violence from armed groups. Taliban controlled areas had allowed NGOs to
operate within them to some extent, but would face arbitrary restrictions.
But despite this the biggest problem was that which faced journalists, as they face threats
of harassment and attack from the Taliban, as well as from Islamic State, and figures
related to the government who aimed to influence how the media covered them.
Prevention on support and incitement of terrorism had been used as reasons to justify
limitations on freedom of expression, and also included authorities banning the live
coverage of terrorism incidents, which could serve to restrict television reporting on the
ground. According to the Committee to Protect Journalists, five journalists had been killed
in 2020, and they also declared that Afghanistan was a top three for retaliatory killings on
journalists.
2020 also saw the fateful US agreement with the Taliban (that did not include the Afghan
government itself) whereby the Americans agreed on conditional troop withdrawal from
the country in return for intra-Afghan talks in Doha, of which as we saw were not very
effective, as although the Taliban decreased attacks against population centers and
international forces, they stepped up attacks against Afghan security forces, and also
performed more targeted killings. US forces only provided limited support against such
Taliban attacks with withdrawal plans remaining in place.
The agreement, signed by the US and the Taliban, had strong implications for the Afghan
government, including an assurance that the US would ensure that Afghan authorities
released 5,000 Taliban prisoners, something Ghani disagreed with. Ghani
nonetheless organised a Consultative Assembly and obtained a mandate for the releases
to take place.
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And then as we know everything went hectic and crazy as the withdrawal went into effect
and boom, Taliban took over pretty much the instant international coalition forces had left,
putting an end to the almost two decades long War in Afghanistan and toppling the
Republic. Many of us can now say we lived to see the rise and fall of a Republic in our
lifetime. And thus, now we have the return of the Islamic Emirate of Afghanistan.
What did Things Look Like Under Taliban rule Prior to 2001?
Taliban religious police beating a woman as she had removed her burqa
in public. Photo by Revolutionary Association of the Women of
Afghanistan (RAWA). CC BY 3.0. Source.
Okay so it seems that under the Republic things were far from perfect, but now it only
seems right to make comparisons to Taliban rule before the 2001 invasion that toppled
them, to see what things were worse and if even anything may have potentially been
better. The Taliban had ruled Afghanistan from 1996 until 2001. And if you were
wondering… yes, things were definitely worse under Taliban rule prior to the Republic,
especially for women.
The Taliban had themselves overthrown a previous Government of Burhanuddin Rabbani
during the civil war following the 1992 collapse of the Soviet-backed government.
Rabbani was an ethnic Tajik that the Taliban viewed as anti-Pushtun and corrupt (for
context Pushtun’s are the largest ethnic group in Afghanistan and the Taliban is mostly
made up from Pushtun’s, Tajiks are the second largest), the Taliban controlled 90% of the
country by the time they were toppled by the 2001 invasion and their rule was still fairly
fresh. They declared Afghanistan an Islamic Emirate and Mullah Mohammed Omar who
was a cleric and a veteran anti-Soviet resistance fighter lead Afghanistan with the title
of amir al-mu’minin which meant “commander of the faithful”.
The Taliban imposed a harsh justice system with jurisprudence pulled from the Pashtun
pre-Islamic tribal code as well as interpretations of Sharia law which were Wahhabi
doctrines of Saudi benefactors, with many Taliban having been educated in Saudi-
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financed madrassas (Islamic religious schools) in Pakistan. Al Jazeera says that the
Taliban’s jurisprudence comes from the Deobandi strand of Hanafi jurisprudence. Under
the regime the Taliban neglected social services and other basic state functions, and a
Ministry for the Promotion of Virtue and Prevention of Vice made it mandatory for women
to wear a head-to-toe burqa or chadri, they even banned music, cinema and television,
and put men in jail for having beards considered too short, and barred girls from attending
school. Women also faced flogging and other abuses if they were to go out without a
male relative. Restrictions on women’s ability to work during this time also deprived the
country of a significant talent pool that had been growing and active prior to the 1996
Taliban takeover.
More on the dress code for women – it could make things very difficult as the design
enforced was one of absolute full coverage, where the veil could be so thick it may even
be hard to breathe wearing it, and the small mesh for viewing could restrict eyesight to
the extent that it was more dangerous to cross the road. Woman who did not wear one
faced threats, fines, and beatings in public, even if it was something as simple as
accidentally showing the ankles, feet, or hands, even in cases of handing over money to
pay for things. Woman as young as eight or nine were generally expected to wear a
burqa.
Even obtaining a burqa could be an economic burden for women, with many not being
able to even afford one, and there were cases were whole neighborhoods shared a single
garment, meaning many woman had to wait days to go out. Disabled woman may also be
homebound if their walking aid or prosthesis made wearing a burqa impossible. Women
were also not allowed to use nail polish, makeup, or wear white socks. They could even
get in trouble for wearing shoes that made too much noise as it was deemed woman
should walk silently.
Violence against woman, such as rape and abduction, and also forced marriage, were
also commonly committed by Taliban members and in some cases, families would send
their daughters to live in Pakistan or Iran as they were considered safer for them. You can
imagine women in Afghanistan who had lost their husbands and other male relatives in
the civil war prior to Taliban takeover basically having no real way to function healthily in
society, having no source of income, many of them would have had to sell their
possessions and beg on the streets, or find other unconventional ways to feed their
families, and of course then they would be violating things such as being out without a
male relative, so again could easily face abusive acts.
If a woman were to be caught out with a man unrelated to them, then they may also be
flogged in public, or worse if the woman doing it was married, could be stoned to death as
punishment. This was part of the Taliban’s justice system that included swift summary
trials and punishments such as public amputations (such as for theft) and executions.
Usage of public transport was also restricted as taxis could not take women who were
without a male relative and women could also only use special buses, which had thick
curtains draped over the windows to prevent people seeing the women onboard.
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The Taliban also mandated painting over of house windows to prevent outsiders from
potentially seeing a woman inside, which served to further isolate woman. The isolation
caused by the regime for woman unsurprisingly led to high rates of depression and
suicide among women in the country.
Medical care for women was also restricted, this was because in many hospitals male
physicians could only examine a fully-clothed female patient, preventing proper diagnosis
and treatment for health problems. This in turn caused increased suffering and higher
mortality rates. The country also had the world’s second worst maternal death during
childbirth, with 16 out of every 100 women dying in childbirth. Poor medical care for
women also had a knock-on effect for children and in turn the child mortality rate was also
higher. UNICEF put it at 165 of every 1,000 babies dying before their 1 birthday. Also,
with lack of female access to education, paired with the country’s high illiteracy rate,
further made it harder to learn about basic healthcare information.
Around 70% of hospitals in Afghanistan during this time were provided by international
relief organisations.
The human rights record was one of the worst in the world during this time at least
according to the US State Department. There was systematic repression of all sectors of
the population and denial of basic individual rights, of which again was most significant
against women. Most forms of art were banned which included paintings and
photography as the keeping of such was seen as idolatry. Pork and alcohol were
forbidden, as well as many sports, recreational activities and the keeping of pets.
The Taliban did do some good things out of all the bad, such as clamping down on drug
trafficking and the cultivation of opium of which they almost succeeded in eradicating
before their fall, but both drug dealers and users faced severe punishment which may be
looked on by western liberal democracies as unjust and inhumane for the type of crime.
The Taliban also banned bacha bazi, a type of pederastic sexual slavery and pedophilia
that saw traditional practice in some provinces of Afghanistan, following the fall of the
Taliban one of the downsides is that bacha bazi became more common again, having
been rekindled by newly-empowered mujahadin warlords.
The Taliban also supported Al-Qaeda, a Sunni Islamic fundamentalist group under
Osama Bin Laden at the time who were allowed safe haven in Afghanistan and who also
fought against western presence, particularly that of the US, and their introduction of non-
Islamic values in the Middle East. The allowed safe haven is something that would lead to
the US invasion after the 9/11 attacks in the US.
After their fall from power the Taliban (and other armed opposition groups) nonetheless
enjoyed the sympathy of at least half of Afghans, mostly made up of Pashtuns and those
living rurally, according to a 2009 study by the Asia Foundation which is US non-
profit organisation. The reason for this was mostly due to a collective grievance against
public institutions.
st
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But the attitude of Afghans has changed a lot since and the same study in 2019 found
that sympathy was down to 13.4% while another study in 2021 found that a large majority
wanted to protect women’s rights, freedom of speech, and the Republic’s Constitution. It
will be interesting if we can see if this changes as the country now heads back under
Taliban control.
It is to be noted that the Taliban’s interpretation of Islamic law is considered by many to
not be accurate and is actually misinterpreted, with many other Muslim country’s not
having as strict laws as were implemented by the Taliban, although women’s rights in the
Middle East in general is not on par with western liberal democracies, it was still a far
better situation than that under the Taliban who implemented the most extreme limitations
against women as we have seen.
So anyway, I think we get the point. It was an undemocratic fanatic and abusive
regressive hellscape under the Taliban. This perhaps does not bode well for their
reintroduction to rule, but might they do some things differently?
What May we See Now Under Renewed Taliban Rule
Afghanistan’s Presidential Palace. Photo by U.S. Secretary of Defense from Flickr. CC BY
2.0. Source.
Since things are still early in the Taliban’s renewed rule it is tough to say if they will go
back to the way they ruled from 1996 to 2001. The public perception of them molded
through the Republic is certainly not the same, and so the Taliban may be more wary of
this and perhaps will not barrel ahead with throwing Afghanistan back into the dark ages,
it could be they will change things more slowly over time in hopes that the public
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perception then eventually changes more to their favour. It is also likely they will be more
wary of the Western powers, making sure not to anger them via supporting and giving
safe haven to groups such as Al-Qaeda, the main reason for their fall in 2001.
The Taliban are also fighting against ISIS-K, a remnant of ISIS based in Afghanistan that
is no longer as strong as it was during the height of IS, but still provides a big threat as
was seen at Kabul airport during the withdrawal. The Taliban are also still challenged by
the mountainous north or Panjshir, where an alliance of rebels called the National
Resistance Front as of now gives a low level of threat to complete Taliban control, similar
to how the area did before the 2001 invasion. Although the Taliban has managed to
capture much of the Panjshir Valley, with resistance leaders fleeing to Tajikistan, there are
still small pockets that resist.
The Taliban have also already brawled with Iran as well which saw Taliban capture a
number of Iranian border outposts, the quick conflict was ended via an agreement that led
to the Taliban withdrawing from the captured areas, and although there is no retaliation
this time, further incidents may lead to Iran mounting a response in the future in an
attempt to eliminate the uncertainty of threats. Keep in mind that Iran is Shia while
Afghanistan and the Taliban are Sunni and this split is one of the big things that brings the
two sides at odds.
So, with these things in mind, the Taliban faces a number of low-level threats that it will
need to keep contained in order to effectively rule Afghanistan and remain in power.
There is also the fact that the Taliban itself is not entirely a cohesive group, and more like
a coalition of factions, and infighting among them has not exactly been uncommon in the
past, they may have united for now in order to take over Afghanistan again but there is
speculation over how long this could last, and there are signs that there is a divide
between the older and younger generations of Taliban, with those younger being seen as
more extremist, and as such this could lead to splits on decisions of governing
Afghanistan. The older may now be more cautious, but those younger may want to see a
quick transition back to how Afghanistan was pre-2001 fall. Other articles have also
though expressed that some younger Taliban are less extremist, I guess it can depend on
various perspectives, and not every one person fits into specific groupings.
Haibatullah Akhundzada has been the Taliban’s supreme leader or Emir since 2016 (the
former having been killed in a US drone strike), he is seen by outsiders more as a
spiritual figurehead than a military commander and believe this was the purpose,
especially since he played a big role in unifying the Taliban following its fracture from a
power struggle following the former leaders death and also when it was revealed that the
death of the Taliban founder Mullah Omar had been covered up by Taliban leadership for
years. Akhundzada now is Head of State of Afghanistan just has he heads the Taliban.
During negotiations with the Taliban, they had made pledges to still allow girls to go to
school and also to break ties with Al-Qaeda, but there are naturally doubts over whether
this will be the case or for how long such is maintained. A former CIA officer has said that
at this point the Taliban and Al-Qaeda are basically interwoven due to marriages made
between members of the groups, and that this was a deliberate move by Al-Qaeda.
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The Taliban also allowed government workers to continue working and announced
amnesty for those who agreed to stop fighting. The Taliban have also ruled out
democracy being used under their rule as they do not see it as compatible. They plan to
bring Islamic Law back as a central part of society and will end mixed-gender education.
The interim Government formed is unsurprisingly exclusively one of the Taliban, with
commissions and deputies of the Taliban now making up the governing Cabinet with the
Emir Akhundzada in charge. This means that the government is by far majority Pushtun
and only included a single Tajik and Uzbek, both of whom, like the rest, are Taliban
members. All minister positions, including deputy ministers, are held by men, and no
women. The Prime Minister is Mullah Hassan Akhund, who is Head of the Taliban
Leadership Council and one of the original Taliban founders, and he is assisted by two
prominent Taliban Deputies.
The establishment of the Islamic Emirate came in the face as it was something the
Taliban had said they would not be demanding again, and they also had said that women
would be able to have any role in government apart from presidency, but this as it stands
does not look to be actually implemented.
During their 1996 rule the Taliban only made mullahs educated in a madrasah as Cabinet
Ministers and deputies and as of now this seems to remain the case for this interim
government. A number of the ministers and other officials were also military commanders
during 1996-2001 who could leave their posts to fight on the frontlines, which predictably
lead to chaos of the institutions for national administration. Also, during the 1996 rule the
Taliban removed senior Uzbeks, Tajiks, and Hazaras from their positions, replacing them
with Pashtuns, even if they were not qualified, and as such this led to many ministries not
functioning correctly.
We shall watch to see if the same mistakes are made and/or continue to be made.
The Taliban, during negotiations, did also assure equal rights but that which was in
accordance with what was granted by Islam, they have said through this framework that
women will be allowed to work and be educated. The Taliban have also said they want a
genuine Islamic system with provisions for women and minority rights that are in line with
cultural traditions and religious rules.
The above is rather ambiguous as it depends on their interpretation of Islam and its law,
so it does not really give us much substance for how things will be run. In one instance
not long after the takeover Taliban fighters did enter a bank in Kandahar and ordered nine
female employees there to stop working – not a good sign, the gunmen escorted the
women back home and demanded them not to return to their job and that male relatives
would instead take their place.
This situation has differed from one place to another and could suggest that certain
Taliban fighters are taking their own initiative rather than listening to a central Taliban
authority, for example female journalists had been allowed to resume their work for
Afghanistan’s most popular television station Tolo, including the interview of a Taliban
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leader. But, elsewhere, a female journalist called Shabnam Dawran, a news anchor
working for the state channel RTA Pushto was told to go home when she attempted to go
to work.
Since this time the Taliban have asked for all women (except those in the public health
sector) to stay away from work until the security situation improves, whatever this is
supposed to mean exactly is unclear.
And despite the Taliban announcement of amnesty, the UN reported that Taliban fighters
were going door-to-door to search for opponents and their families, this is despite Taliban
leadership claiming that it had banned its fighters from entering private homes. More
recently as well Taliban fighters have been raiding the homes of women’s rights activists
in Kabul following protests, which has included beatings of these women, which is again
not really the best of signs – at all.
Taliban fighters also cracked down on protests that popped up in support of the fallen
Republic and also for women’s rights, such protests also brandishing the Republic’s flag.
Continued protests have faced violence from the Taliban such as beatings and also
pepper spray, and the Taliban have also now banned unauthorized protests.
One of the recent announcements by the Taliban had to do with new rules for the
education system, such as already said ending mixed-gender education and will also
introduce a new dress code. The Higher Education minister said that women would still
be able to study but just not alongside men. They will also review the subjects being
taught with an aim to create what the minister calls a reasonable and Islamic curriculum
that is in line with their Islamic, national and historical values while also being able to
compete with other countries.
Education under the Republic in Afghanistan saw a large amount of progress in
increasing educational enrolment and increasing literacy rates, especially for girls and
women whose literacy rates had almost doubled in a decade to 30%, with the number of
girls in primary schools having increased from almost zero to 2.5 million in the 17-years
that had followed the first Taliban-rule. Also, in 2018 10 million students had enrolled in
education compared to only 1 million in 2001.
Critics have said that ending mixed-gender education may lead to the exclusion of
women from higher education due to not having the resources to provide the required
number of separate classes. But the minister claimed that there were enough female
teachers while also saying in areas where there are not enough, alternatives can be
found – such as male teachers teaching from behind a curtain or even the usage of
technology. It is to be noted that suggesting the usage of technology is also a difference
as during the Taliban’s previous rule, technology was largely shunned, with things like
televisions being banned.
According to a Guardian article (sources at bottom of post), access to education beyond
6 grade has already been restricted for women/girls. They have also be ordered to wear
the hijab, although have not gone as far as to make wearing a burqa mandatory.
th
15/16
Segregation among gender in Afghanistan for primary and secondary schools was
already common, even during the Republic, and this will be enforced under renewed
Taliban rule.
The Taliban have also reinstated the Ministry of Vice and Virtue, which replaced the
Women’s Affairs Ministry, which has brought back fears that women may once again be
beaten or flogged in public for dressing wrongly or not being with a male relative.
The Taliban also claimed they would allow a free press to continue just as long as
journalists did not breach Islamic values or the national interest. But some journalists who
had covered protests against the Taliban have been detained and also beaten.
Another issue faced is lack of international support, especially from the US and their
allies, which will make it harder to run a poor country similar to how it was difficult from
1996 due to the lack of recognition. The Taliban have reached out to China and Russia
for support but it remains to be seen if they will step up in any significant capacity. So,
Afghanistan’s already poor economy will likely also be taking a hit under Taliban rule at
least in the near-term, which will reflect most prominently on the general populace,
increasing general suffering and hardship. One must keep in mind that under the
Republic, Afghanistan was receiving lots of economic support from the US, something
that will now be gone. The Taliban may accept non-governmental organisations, as they
have done in areas they controlled before, but it likely will not be easy for them to
operate.
The EU also cut off its development aid to Afghanistan until things become clearer and
the UN has said that to access its funding aid it must accept UN Security Council
Resolutions. In December the UN Security Council did adopt a resolution for the
facilitation of aid to Afghanistan.
During their 1996 rule the only countries which recognised the Taliban were Pakistan,
Saudi Arabia, the United Arab Emirates, and Turkmenistan. As it stands currently the
Taliban-led government has no recognition at all, and it will be interesting to see how this
shapes up as things are still relatively early. Pakistan shows some low-level support but
has said it will not recognise the Taliban-led government until it has spoken with its
regional and international partners. Pakistan’s national security advisor (Moeed Yusuf)
even said that the West risks a second 9/11 situation if it does not
immediately recognise the Taliban.
Saudi Arabia and the United Arab Emirates opened their embassies in Afghanistan in
November last year but have made no comments or indication that it will
officially recognise Taliban rule, considering their connection with western allies it will be
interesting to see how this shapes any possible decision on the matter. Turkmenistan has
also made no comments on the situation.
China has commented its support for the new authorities in Afghanistan but also asked
them not to support the Turkistan Islamic Party, viewed as a Uyghur Islamic extremist
party operating in Western China. China has also given no comment or indication on
16/16
whether they will recognise the Taliban-led government. Russia has stated it hopes to
develop ties with the Taliban but says it is not in a rush to recognise their government, but
Putin did remove the Taliban from its list of banned organisations.
A number of western nations including the US, Canada, UK, and the Czech Republic
have ruled out ever recognising the Taliban-led government and have urged others also
not to do so, while the EU has said it has no plans to recognise the Taliban-led
government.
So, all in all, things are not really looking the best for the Taliban on the international
stage, but again it is early days, so we shall have to see how things form up in a few
years to have a good indication of the state of things. But again, without any international
support, it is likely going to make governance more difficult and the economy worse.
Some recent good news for the people of Afghanistan is that the EU has reestablished a
physical presence in Afghanistan for the purpose of facilitating humanitarian aid, but the
EU has also stressed very strictly that it still does not recognise the Taliban government.
But will things be better than in 1996-2001? It is possible things might be a bit better than
under the first period of Taliban rule, but whether how long that lasts or not is another
question as the Taliban may choose to transition into the ways they want to see more
slowly this time. Many hope they will do some things differently such as continuing to
allow girls and woman to go into education and also keep letting them work as well, but
there are no solid guarantees. The Republic of Afghanistan, although with many faults
and dangers, had guaranteed more rights, improved education, and more, and could
have eventually grown to improve. Taliban rule will not be better than that.
Sources
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
Thank you for reading this post, if you have any queries please Email me, you can find
my Email in the Contacts & Community section. Please also follow The Weekly Rambler
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State of Democracy and other Civil Liberties and Freedoms in Afghanistan since the Taliban Takeover

  • 1. 1/16 Post author By Charlie January 21, 2022 State of Democracy and other Civil Liberties and Freedoms in Afghanistan Since the Taliban Takeover theweeklyrambler.com/state-of-democracy-and-other-civil-liberties-and-freedoms-in-afghanistan-since-the-taliban- takeover/ Featured Photo: Image by ErikaWittlieb from Pixabay Well as we saw take place last year the Taliban are now in control of Afghanistan and so I thought I would take a look into how this has so far affected things like democracy, civil liberties, and other freedoms in Afghanistan. Democracy in Afghanistan was already fragile and unstable due to the insurgency and War in Afghanistan itself, with terrorists often targeting voters and polling stations as well as candidates. All sources for this post are found at the end. What was it Like under the Republic?
  • 2. 2/16 The Freedom House 2021 report (which focuses on the year of 2020) rated Afghanistan even then as Not Free giving it a poor 27/100, with 13/40 in political rights and 14/60 in civil liberties, so even before the Taliban takeover things were not the best, scores were not changed from the previous 2020 report (focusing on 2019). I have done a government system post on Afghanistan before, in fact it was the first one in the series, but I am not exactly pleased with it now as for me it does not come on par with my current government system posts, and one day I may re-do it, so I would not pay too much heed to it. But in basic before the renewed Taliban takeover Afghanistan was a Presidential Representative Parliamentary Democratic Republic, having a directly-elected President as Head of State and Head of Government, and a Parliament that was bicameral although the lower House had primacy with the upper house having checks but working similar in fashion to our own House of Lords. The Constitution at the time guaranteed many rights to the populace, but much of this was undermined by the Taliban insurgency at the time. Political rights and civil liberties also suffered from corruption, violence, patronage, and flawed processes in the electoral system. The last President of the Republic of Afghanistan was Ashraf Ghani, having been re- elected for a second time in a result that was disputed by the closest rival Abdullah Abdullah who had been Chief Executive previously, a special temporary position made for him following previous electoral disputes, which gave him a lot of influence with the President and government. Following the 2019 election both Ghani and Abdullah eventually came to a political agreement to work together in a government headed by Ghani. The President in Afghanistan can serve two 5-year terms at maximum, before Ghani the first President of the Republic of Afghanistan, Hamid Karzai, had served two full terms. The President appointed the Ministers of Government with approval of the legislature, although under the 2019 political agreement between Ghani and Abdullah, Abdullah’s
  • 3. 3/16 team also played a role in the appointment of ministers. Abdullah also got put in charge of the High Reconcillition Council to run the peace process in Afghanistan (which clearly failed in maintaining a peaceful Republic). The 2019 election itself had been described as facing several flaws and challenges, and points where it almost was not held, according to Freedom House and that final voter turnout was at a historic low at only around 1.8 million, only a mere fraction of the total population of over 38 million. An electoral roll and biometric voter verification were rolled out for the election but faced major issues, over a million of the votes had to be thrown out as there was no record of them on the biometric voter verification system. Candidate teams also lacked confidence and were suspicious of political interference. Elections to the legislature were also not considered free and fair during this time either. The bicameral national assembly or House of the People (Wolesi Jirga), consisting of 249-seats, were directly elected for 5-year terms. The upper House, called the House of the Elders (Meshrano Jirga), had 102 members and was meant to have two-thirds of them elected by provincial councils to 3-and-4-year terms, while the rest of the members were appointed by the President for 5-year terms. The Constitution did have it down that elected district councils would also send members to the House of the Elders but never ended up being established, according to Freedom House. The lower house also had 10- seats reserved for the nomadic Kuchi community, and 65-seats reserved for women (68 when counting three seats for women from the Kuchi community). Parliamentary elections use the single non-transferable vote with members elected from multiseat constituencies. The system used is not proportional in its nature and so it can tend to award more seats to candidates with a lower share of the vote. 2018 and 2019 saw the introduction of the biometric system and new voter roll which helped against mass fraudulent voting that was common in prior elections, but there were concerns election management bodies may have colluded to circumvent these new safeguards. The last elections to take place for the legislature before the fall of the Republic were in 2018 (which were actually postponed elections originally meant to take place in 2014 but were not due to alleged security concerns, and so the President extended the mandate of the legislature which some allege was done unconstitutionally via a decree). The elections in 2018 faced security threats from the Taliban and were also poorly organised by the Independent Election Commission. Despite this over 4 million people still voted, which made up around half of registered voters, which again the number registered compared to the population as a whole is not really good. Counting and finalisation of results took some time and were also contested and members of electoral commissions complained of corruption. The 2018 election also faced poll worker shortages mostly blamed on threats of violence, and the untested biometric voter verification system played a part in causing delays at polling stations, and that there were long lines. It was reported it took hours for many to
  • 4. 4/16 be able to vote and that some ended up leaving without voting. Low turnout in areas where there was a low threat from the Taliban has been blamed on the expectation of fraud and feeling as if their vote will not count. The country was also rated low on fairness of electoral laws and impartial applications of them by relevant electoral management bodies. The two main bodies being the Independent Elections Commission and Electoral Complaints Commission. Both of these bodies were disbanded following the 2018 election and several members of these bodies were prosecuted and jailed for corruption, with this being seen as corrupt itself. Afghans were allowed to form or join political parties and a highly competitive field of parties did exist covering traditional, Islamist, and liberal ideologies. Despite this most candidates ran as Independents and took part in fluid alliances where patronage, both local and regional, played a big role. Political parties never managed to obtain mass support during the existence of the Republic, with political party registration having been allowed since 2005. Any main parties were defined by their relation to prominent figures/factions who played roles in earlier stages of the War in Afghanistan. The question of whether opposition leaders or parties who sought power through elections ever had a realistic chance was never fully settled. Presidential incumbents had significant advantage in elections thanks to control over administrative and security-sector appointments and influence in financial-resources allocation, and again the question of whether opposition figures had a realistic pathway to power were never realized. The Taliban insurgency was always the dominant threat to democracy, their power was most prominent in rural areas, but could also put pressure on some urban areas as well. The Taliban do not view electoral democracy as Islamic, and so always aimed to disrupt elections, and also targeted civilians they considered government/political system apologists. Many areas of Afghanistan also saw the emergence of former military commanders who became important local powerbrokers (or you may also have heard them being called warlords), who often had patronage links to government as well as being influential among security forces or even informal militias. These warlords would often exercise disproportionate influence over the local population and would often attempt to speak on their behalf when communicating with the government. There were also issues with civil administration and wealthy elites having undue influence over electoral apparatus, with such people being seen as behind the prosecution and jailing of electoral commission members in 2019 for fraud. Corruption was ever a problem in Afghanistan despite periodic arrests, prosecutions, and dismissals of civilian and military officials accused of corruption and the setting up of the Anti-Corruption Justice Centre in 2016 with a focus on high-level malfeasance. Law enforcement agencies and the judiciary were also affected by graft and political pressure, and the most powerful officials and politicians were rarely if ever held to account. It was
  • 5. 5/16 reported that during government formation in 2020 following the political agreement between Ghani and Abdullah, key senior appointments could only be secured through bribing the authority appointing them. The Government was rarely open and transparent. Afghanistan’s judicial system during this time was not great, and many places used a mixture of legal codes where justice was administered by judges not adequately trained. Judges and lawyers would often be bribed or face threats from local leaders and armed groups. Informal justice systems also existed, particularly in rural areas, using both customary and Sharia law for disputes. Taliban-controlled areas used their own judiciary system, although this system itself was often ignored by Taliban commanders who imposed their own arbitrary punishments. Prosecutions and trials in the country often suffered from lack of proper representation, a strong reliance on witness testimony that could not be corroborated, lack of forensic evidence that was reliable, decision-making that was often arbitrary, and court decisions often failed to be published. The police were unsurprisingly heavily militarized and focused mostly on being a first line of defense against insurgents in administrative centers. Corruption amongst police authorities was high and many police officers took part in organised crime. Political and military power brokers often faced little to no punishment for committing crimes and abusing their authority. Afghanistan’s constitution had seen recognition of multiple ethnic and linguistic minorities and provided better equal status guarantees than before. The traditionally marginalized Shiite Muslim minority enjoyed increased levels of political representation and participation in national institutions. It also became a bridging point to include Vice- Presidents from minority ethnic groups to broaden the appeal of the ticket. The political scene for women was tough although far better than it was under Taliban rule, although they are guaranteed a number of seats in the legislature as mentioned earlier, women’s participation in politics and elections were constrained via threats, harassment, as well a social restrictions that forbid women traveling alone and from appearing in public. The proportion of women registered to vote was also dropping, from 41% in 2010 to 34% in 2018. 400 female candidates ran in the 2018 elections, but no women were candidates for the 2019 presidential election. The ability for the President and their Cabinet to set and implement state policies was limited by a number of factors according to Freedom House. The government was always heavily dependent on military and economic support from the US and its allies, and it obviously was also unable to enforce laws and policies in areas controlled by the Taliban or other insurgent groups. The Parliament’s oversight of the executive was also always weak and even disregarded by the government, and any legislation it adopted on its own initiative was rare. But what about civil liberties under the Republic? Unlike under Taliban rule, Afghanistan as a Republic had created and maintained a vibrant media sector, which included a number of different outlets for print, radio, and television, which included a wide range of
  • 6. 6/16 views and were usually not censored. There were independent and commercial media firms, outlets tied to specific political interests, and also a state broadcaster. Mobile phones, the internet, and social media also allowed many in the country greater access to diverse views and information. Religious freedoms had improved under the Republic, and although the Constitution made Islam the official religion, it still set out to guarantee freedom of worship for other religions. Despite this though religious minorities and Muslim reformists were still targeted by violence and discrimination. Blasphemy and apostasy by Muslims were also still considered capital crimes and proselytizing by non-Muslims was strongly discouraged. Those seen as violating religious or social norms were highly vulnerable to abuse due to things like Conservative social attitude, intolerance, and inability or even unwillingness of authorities to defend these individual freedoms. Places of worship, and places where funerals were held, and also religious sites were also subject to terrorist attacks, sectarian minority groups were also at-risk of terrorist attacks. The ongoing conflict and terror also affected the education system due to attacks, and also the takeover of schools by the government or Taliban for use as military posts. The Taliban also largely controlled education in its rural areas. Women consistently faced disadvantages in the justice system, access to employment, as well as a number of other areas as societal norms usually took precedence over legal guarantees. Domestic violence against women was also pervasive and activists say most are not reported and is usually dealt with outside of the justice system via traditional mediation which allowed abusers to get away with it. Choices in marriage and divorce were also restricted by custom and discriminatory legislation, many young girls (including those under 16) were forced to marry older men, courts and detention systems have also perpetuated this by jailing women who do not comply with their family’s wishes for marriage. LGBT+ people did not have any legal protections and faced much abuse including by authorities. Same-sex sexual activity was also considered illegal under the penal code as well as Sharia law. Although the Republic’s constitution allowed freedom of movement, residence, and ability to travel abroad, the ongoing conflict severely limited this, causing mass displacement (which climate change and natural disasters also played a part in according to Freedom House) of peoples and making many areas unsafe to travel in. It became harder over time for Afghans to seek refuge abroad as the EU reinforced its external borders, member states increased deportation of failed asylum seekers, and countries like Iran and Pakistan have made 100s of thousands of Afghan refugees turn back home. The constitution did ban forced labour, but things like debt bondage and child labour were nonetheless issues, and most human trafficking were of children around Afghanistan made to work, become servants, settle debts, or suffer sexual exploitation. Children also faced recruitment by armed insurgent groups and sometimes even by government security forces.
  • 7. 7/16 Economic freedoms were limited by corruption as well as by a dominant minority of wealthy politically-connected elites. Afghans made the most profits from things like government and defense contracting, narcotics trafficking, as well as property and minerals development, investors in these sectors depended on connections to people in power. Land theft with threat of force was also another big problem facing people. The lawful business climate was largely unfavorable due to harassment, extortion, and arbitrary taxation. Private discussion in government-held areas on political or other sensitive topics were mostly free and not really limited, but similar or the same discussions were more dangerous for those living in Taliban-held areas or areas contested. Right to peaceful assembly was guaranteed by the Constitution, but in practice this was upheld differently from one region to another, with cases of police sometimes firing live ammunition to breakup peaceful protests, and such protests have also faced terrorist and militant attacks. Taliban-controlled areas routinely suppressed protests. Nongovernmental organisations were also guaranteed by the Constitution and had played an important role in the country, they could though face corruption and bureaucratic reporting requirements, but one of the biggest threats to their activities was from the threat of violence from armed groups. Taliban controlled areas had allowed NGOs to operate within them to some extent, but would face arbitrary restrictions. But despite this the biggest problem was that which faced journalists, as they face threats of harassment and attack from the Taliban, as well as from Islamic State, and figures related to the government who aimed to influence how the media covered them. Prevention on support and incitement of terrorism had been used as reasons to justify limitations on freedom of expression, and also included authorities banning the live coverage of terrorism incidents, which could serve to restrict television reporting on the ground. According to the Committee to Protect Journalists, five journalists had been killed in 2020, and they also declared that Afghanistan was a top three for retaliatory killings on journalists. 2020 also saw the fateful US agreement with the Taliban (that did not include the Afghan government itself) whereby the Americans agreed on conditional troop withdrawal from the country in return for intra-Afghan talks in Doha, of which as we saw were not very effective, as although the Taliban decreased attacks against population centers and international forces, they stepped up attacks against Afghan security forces, and also performed more targeted killings. US forces only provided limited support against such Taliban attacks with withdrawal plans remaining in place. The agreement, signed by the US and the Taliban, had strong implications for the Afghan government, including an assurance that the US would ensure that Afghan authorities released 5,000 Taliban prisoners, something Ghani disagreed with. Ghani nonetheless organised a Consultative Assembly and obtained a mandate for the releases to take place.
  • 8. 8/16 And then as we know everything went hectic and crazy as the withdrawal went into effect and boom, Taliban took over pretty much the instant international coalition forces had left, putting an end to the almost two decades long War in Afghanistan and toppling the Republic. Many of us can now say we lived to see the rise and fall of a Republic in our lifetime. And thus, now we have the return of the Islamic Emirate of Afghanistan. What did Things Look Like Under Taliban rule Prior to 2001? Taliban religious police beating a woman as she had removed her burqa in public. Photo by Revolutionary Association of the Women of Afghanistan (RAWA). CC BY 3.0. Source. Okay so it seems that under the Republic things were far from perfect, but now it only seems right to make comparisons to Taliban rule before the 2001 invasion that toppled them, to see what things were worse and if even anything may have potentially been better. The Taliban had ruled Afghanistan from 1996 until 2001. And if you were wondering… yes, things were definitely worse under Taliban rule prior to the Republic, especially for women. The Taliban had themselves overthrown a previous Government of Burhanuddin Rabbani during the civil war following the 1992 collapse of the Soviet-backed government. Rabbani was an ethnic Tajik that the Taliban viewed as anti-Pushtun and corrupt (for context Pushtun’s are the largest ethnic group in Afghanistan and the Taliban is mostly made up from Pushtun’s, Tajiks are the second largest), the Taliban controlled 90% of the country by the time they were toppled by the 2001 invasion and their rule was still fairly fresh. They declared Afghanistan an Islamic Emirate and Mullah Mohammed Omar who was a cleric and a veteran anti-Soviet resistance fighter lead Afghanistan with the title of amir al-mu’minin which meant “commander of the faithful”. The Taliban imposed a harsh justice system with jurisprudence pulled from the Pashtun pre-Islamic tribal code as well as interpretations of Sharia law which were Wahhabi doctrines of Saudi benefactors, with many Taliban having been educated in Saudi-
  • 9. 9/16 financed madrassas (Islamic religious schools) in Pakistan. Al Jazeera says that the Taliban’s jurisprudence comes from the Deobandi strand of Hanafi jurisprudence. Under the regime the Taliban neglected social services and other basic state functions, and a Ministry for the Promotion of Virtue and Prevention of Vice made it mandatory for women to wear a head-to-toe burqa or chadri, they even banned music, cinema and television, and put men in jail for having beards considered too short, and barred girls from attending school. Women also faced flogging and other abuses if they were to go out without a male relative. Restrictions on women’s ability to work during this time also deprived the country of a significant talent pool that had been growing and active prior to the 1996 Taliban takeover. More on the dress code for women – it could make things very difficult as the design enforced was one of absolute full coverage, where the veil could be so thick it may even be hard to breathe wearing it, and the small mesh for viewing could restrict eyesight to the extent that it was more dangerous to cross the road. Woman who did not wear one faced threats, fines, and beatings in public, even if it was something as simple as accidentally showing the ankles, feet, or hands, even in cases of handing over money to pay for things. Woman as young as eight or nine were generally expected to wear a burqa. Even obtaining a burqa could be an economic burden for women, with many not being able to even afford one, and there were cases were whole neighborhoods shared a single garment, meaning many woman had to wait days to go out. Disabled woman may also be homebound if their walking aid or prosthesis made wearing a burqa impossible. Women were also not allowed to use nail polish, makeup, or wear white socks. They could even get in trouble for wearing shoes that made too much noise as it was deemed woman should walk silently. Violence against woman, such as rape and abduction, and also forced marriage, were also commonly committed by Taliban members and in some cases, families would send their daughters to live in Pakistan or Iran as they were considered safer for them. You can imagine women in Afghanistan who had lost their husbands and other male relatives in the civil war prior to Taliban takeover basically having no real way to function healthily in society, having no source of income, many of them would have had to sell their possessions and beg on the streets, or find other unconventional ways to feed their families, and of course then they would be violating things such as being out without a male relative, so again could easily face abusive acts. If a woman were to be caught out with a man unrelated to them, then they may also be flogged in public, or worse if the woman doing it was married, could be stoned to death as punishment. This was part of the Taliban’s justice system that included swift summary trials and punishments such as public amputations (such as for theft) and executions. Usage of public transport was also restricted as taxis could not take women who were without a male relative and women could also only use special buses, which had thick curtains draped over the windows to prevent people seeing the women onboard.
  • 10. 10/16 The Taliban also mandated painting over of house windows to prevent outsiders from potentially seeing a woman inside, which served to further isolate woman. The isolation caused by the regime for woman unsurprisingly led to high rates of depression and suicide among women in the country. Medical care for women was also restricted, this was because in many hospitals male physicians could only examine a fully-clothed female patient, preventing proper diagnosis and treatment for health problems. This in turn caused increased suffering and higher mortality rates. The country also had the world’s second worst maternal death during childbirth, with 16 out of every 100 women dying in childbirth. Poor medical care for women also had a knock-on effect for children and in turn the child mortality rate was also higher. UNICEF put it at 165 of every 1,000 babies dying before their 1 birthday. Also, with lack of female access to education, paired with the country’s high illiteracy rate, further made it harder to learn about basic healthcare information. Around 70% of hospitals in Afghanistan during this time were provided by international relief organisations. The human rights record was one of the worst in the world during this time at least according to the US State Department. There was systematic repression of all sectors of the population and denial of basic individual rights, of which again was most significant against women. Most forms of art were banned which included paintings and photography as the keeping of such was seen as idolatry. Pork and alcohol were forbidden, as well as many sports, recreational activities and the keeping of pets. The Taliban did do some good things out of all the bad, such as clamping down on drug trafficking and the cultivation of opium of which they almost succeeded in eradicating before their fall, but both drug dealers and users faced severe punishment which may be looked on by western liberal democracies as unjust and inhumane for the type of crime. The Taliban also banned bacha bazi, a type of pederastic sexual slavery and pedophilia that saw traditional practice in some provinces of Afghanistan, following the fall of the Taliban one of the downsides is that bacha bazi became more common again, having been rekindled by newly-empowered mujahadin warlords. The Taliban also supported Al-Qaeda, a Sunni Islamic fundamentalist group under Osama Bin Laden at the time who were allowed safe haven in Afghanistan and who also fought against western presence, particularly that of the US, and their introduction of non- Islamic values in the Middle East. The allowed safe haven is something that would lead to the US invasion after the 9/11 attacks in the US. After their fall from power the Taliban (and other armed opposition groups) nonetheless enjoyed the sympathy of at least half of Afghans, mostly made up of Pashtuns and those living rurally, according to a 2009 study by the Asia Foundation which is US non- profit organisation. The reason for this was mostly due to a collective grievance against public institutions. st
  • 11. 11/16 But the attitude of Afghans has changed a lot since and the same study in 2019 found that sympathy was down to 13.4% while another study in 2021 found that a large majority wanted to protect women’s rights, freedom of speech, and the Republic’s Constitution. It will be interesting if we can see if this changes as the country now heads back under Taliban control. It is to be noted that the Taliban’s interpretation of Islamic law is considered by many to not be accurate and is actually misinterpreted, with many other Muslim country’s not having as strict laws as were implemented by the Taliban, although women’s rights in the Middle East in general is not on par with western liberal democracies, it was still a far better situation than that under the Taliban who implemented the most extreme limitations against women as we have seen. So anyway, I think we get the point. It was an undemocratic fanatic and abusive regressive hellscape under the Taliban. This perhaps does not bode well for their reintroduction to rule, but might they do some things differently? What May we See Now Under Renewed Taliban Rule Afghanistan’s Presidential Palace. Photo by U.S. Secretary of Defense from Flickr. CC BY 2.0. Source. Since things are still early in the Taliban’s renewed rule it is tough to say if they will go back to the way they ruled from 1996 to 2001. The public perception of them molded through the Republic is certainly not the same, and so the Taliban may be more wary of this and perhaps will not barrel ahead with throwing Afghanistan back into the dark ages, it could be they will change things more slowly over time in hopes that the public
  • 12. 12/16 perception then eventually changes more to their favour. It is also likely they will be more wary of the Western powers, making sure not to anger them via supporting and giving safe haven to groups such as Al-Qaeda, the main reason for their fall in 2001. The Taliban are also fighting against ISIS-K, a remnant of ISIS based in Afghanistan that is no longer as strong as it was during the height of IS, but still provides a big threat as was seen at Kabul airport during the withdrawal. The Taliban are also still challenged by the mountainous north or Panjshir, where an alliance of rebels called the National Resistance Front as of now gives a low level of threat to complete Taliban control, similar to how the area did before the 2001 invasion. Although the Taliban has managed to capture much of the Panjshir Valley, with resistance leaders fleeing to Tajikistan, there are still small pockets that resist. The Taliban have also already brawled with Iran as well which saw Taliban capture a number of Iranian border outposts, the quick conflict was ended via an agreement that led to the Taliban withdrawing from the captured areas, and although there is no retaliation this time, further incidents may lead to Iran mounting a response in the future in an attempt to eliminate the uncertainty of threats. Keep in mind that Iran is Shia while Afghanistan and the Taliban are Sunni and this split is one of the big things that brings the two sides at odds. So, with these things in mind, the Taliban faces a number of low-level threats that it will need to keep contained in order to effectively rule Afghanistan and remain in power. There is also the fact that the Taliban itself is not entirely a cohesive group, and more like a coalition of factions, and infighting among them has not exactly been uncommon in the past, they may have united for now in order to take over Afghanistan again but there is speculation over how long this could last, and there are signs that there is a divide between the older and younger generations of Taliban, with those younger being seen as more extremist, and as such this could lead to splits on decisions of governing Afghanistan. The older may now be more cautious, but those younger may want to see a quick transition back to how Afghanistan was pre-2001 fall. Other articles have also though expressed that some younger Taliban are less extremist, I guess it can depend on various perspectives, and not every one person fits into specific groupings. Haibatullah Akhundzada has been the Taliban’s supreme leader or Emir since 2016 (the former having been killed in a US drone strike), he is seen by outsiders more as a spiritual figurehead than a military commander and believe this was the purpose, especially since he played a big role in unifying the Taliban following its fracture from a power struggle following the former leaders death and also when it was revealed that the death of the Taliban founder Mullah Omar had been covered up by Taliban leadership for years. Akhundzada now is Head of State of Afghanistan just has he heads the Taliban. During negotiations with the Taliban, they had made pledges to still allow girls to go to school and also to break ties with Al-Qaeda, but there are naturally doubts over whether this will be the case or for how long such is maintained. A former CIA officer has said that at this point the Taliban and Al-Qaeda are basically interwoven due to marriages made between members of the groups, and that this was a deliberate move by Al-Qaeda.
  • 13. 13/16 The Taliban also allowed government workers to continue working and announced amnesty for those who agreed to stop fighting. The Taliban have also ruled out democracy being used under their rule as they do not see it as compatible. They plan to bring Islamic Law back as a central part of society and will end mixed-gender education. The interim Government formed is unsurprisingly exclusively one of the Taliban, with commissions and deputies of the Taliban now making up the governing Cabinet with the Emir Akhundzada in charge. This means that the government is by far majority Pushtun and only included a single Tajik and Uzbek, both of whom, like the rest, are Taliban members. All minister positions, including deputy ministers, are held by men, and no women. The Prime Minister is Mullah Hassan Akhund, who is Head of the Taliban Leadership Council and one of the original Taliban founders, and he is assisted by two prominent Taliban Deputies. The establishment of the Islamic Emirate came in the face as it was something the Taliban had said they would not be demanding again, and they also had said that women would be able to have any role in government apart from presidency, but this as it stands does not look to be actually implemented. During their 1996 rule the Taliban only made mullahs educated in a madrasah as Cabinet Ministers and deputies and as of now this seems to remain the case for this interim government. A number of the ministers and other officials were also military commanders during 1996-2001 who could leave their posts to fight on the frontlines, which predictably lead to chaos of the institutions for national administration. Also, during the 1996 rule the Taliban removed senior Uzbeks, Tajiks, and Hazaras from their positions, replacing them with Pashtuns, even if they were not qualified, and as such this led to many ministries not functioning correctly. We shall watch to see if the same mistakes are made and/or continue to be made. The Taliban, during negotiations, did also assure equal rights but that which was in accordance with what was granted by Islam, they have said through this framework that women will be allowed to work and be educated. The Taliban have also said they want a genuine Islamic system with provisions for women and minority rights that are in line with cultural traditions and religious rules. The above is rather ambiguous as it depends on their interpretation of Islam and its law, so it does not really give us much substance for how things will be run. In one instance not long after the takeover Taliban fighters did enter a bank in Kandahar and ordered nine female employees there to stop working – not a good sign, the gunmen escorted the women back home and demanded them not to return to their job and that male relatives would instead take their place. This situation has differed from one place to another and could suggest that certain Taliban fighters are taking their own initiative rather than listening to a central Taliban authority, for example female journalists had been allowed to resume their work for Afghanistan’s most popular television station Tolo, including the interview of a Taliban
  • 14. 14/16 leader. But, elsewhere, a female journalist called Shabnam Dawran, a news anchor working for the state channel RTA Pushto was told to go home when she attempted to go to work. Since this time the Taliban have asked for all women (except those in the public health sector) to stay away from work until the security situation improves, whatever this is supposed to mean exactly is unclear. And despite the Taliban announcement of amnesty, the UN reported that Taliban fighters were going door-to-door to search for opponents and their families, this is despite Taliban leadership claiming that it had banned its fighters from entering private homes. More recently as well Taliban fighters have been raiding the homes of women’s rights activists in Kabul following protests, which has included beatings of these women, which is again not really the best of signs – at all. Taliban fighters also cracked down on protests that popped up in support of the fallen Republic and also for women’s rights, such protests also brandishing the Republic’s flag. Continued protests have faced violence from the Taliban such as beatings and also pepper spray, and the Taliban have also now banned unauthorized protests. One of the recent announcements by the Taliban had to do with new rules for the education system, such as already said ending mixed-gender education and will also introduce a new dress code. The Higher Education minister said that women would still be able to study but just not alongside men. They will also review the subjects being taught with an aim to create what the minister calls a reasonable and Islamic curriculum that is in line with their Islamic, national and historical values while also being able to compete with other countries. Education under the Republic in Afghanistan saw a large amount of progress in increasing educational enrolment and increasing literacy rates, especially for girls and women whose literacy rates had almost doubled in a decade to 30%, with the number of girls in primary schools having increased from almost zero to 2.5 million in the 17-years that had followed the first Taliban-rule. Also, in 2018 10 million students had enrolled in education compared to only 1 million in 2001. Critics have said that ending mixed-gender education may lead to the exclusion of women from higher education due to not having the resources to provide the required number of separate classes. But the minister claimed that there were enough female teachers while also saying in areas where there are not enough, alternatives can be found – such as male teachers teaching from behind a curtain or even the usage of technology. It is to be noted that suggesting the usage of technology is also a difference as during the Taliban’s previous rule, technology was largely shunned, with things like televisions being banned. According to a Guardian article (sources at bottom of post), access to education beyond 6 grade has already been restricted for women/girls. They have also be ordered to wear the hijab, although have not gone as far as to make wearing a burqa mandatory. th
  • 15. 15/16 Segregation among gender in Afghanistan for primary and secondary schools was already common, even during the Republic, and this will be enforced under renewed Taliban rule. The Taliban have also reinstated the Ministry of Vice and Virtue, which replaced the Women’s Affairs Ministry, which has brought back fears that women may once again be beaten or flogged in public for dressing wrongly or not being with a male relative. The Taliban also claimed they would allow a free press to continue just as long as journalists did not breach Islamic values or the national interest. But some journalists who had covered protests against the Taliban have been detained and also beaten. Another issue faced is lack of international support, especially from the US and their allies, which will make it harder to run a poor country similar to how it was difficult from 1996 due to the lack of recognition. The Taliban have reached out to China and Russia for support but it remains to be seen if they will step up in any significant capacity. So, Afghanistan’s already poor economy will likely also be taking a hit under Taliban rule at least in the near-term, which will reflect most prominently on the general populace, increasing general suffering and hardship. One must keep in mind that under the Republic, Afghanistan was receiving lots of economic support from the US, something that will now be gone. The Taliban may accept non-governmental organisations, as they have done in areas they controlled before, but it likely will not be easy for them to operate. The EU also cut off its development aid to Afghanistan until things become clearer and the UN has said that to access its funding aid it must accept UN Security Council Resolutions. In December the UN Security Council did adopt a resolution for the facilitation of aid to Afghanistan. During their 1996 rule the only countries which recognised the Taliban were Pakistan, Saudi Arabia, the United Arab Emirates, and Turkmenistan. As it stands currently the Taliban-led government has no recognition at all, and it will be interesting to see how this shapes up as things are still relatively early. Pakistan shows some low-level support but has said it will not recognise the Taliban-led government until it has spoken with its regional and international partners. Pakistan’s national security advisor (Moeed Yusuf) even said that the West risks a second 9/11 situation if it does not immediately recognise the Taliban. Saudi Arabia and the United Arab Emirates opened their embassies in Afghanistan in November last year but have made no comments or indication that it will officially recognise Taliban rule, considering their connection with western allies it will be interesting to see how this shapes any possible decision on the matter. Turkmenistan has also made no comments on the situation. China has commented its support for the new authorities in Afghanistan but also asked them not to support the Turkistan Islamic Party, viewed as a Uyghur Islamic extremist party operating in Western China. China has also given no comment or indication on
  • 16. 16/16 whether they will recognise the Taliban-led government. Russia has stated it hopes to develop ties with the Taliban but says it is not in a rush to recognise their government, but Putin did remove the Taliban from its list of banned organisations. A number of western nations including the US, Canada, UK, and the Czech Republic have ruled out ever recognising the Taliban-led government and have urged others also not to do so, while the EU has said it has no plans to recognise the Taliban-led government. So, all in all, things are not really looking the best for the Taliban on the international stage, but again it is early days, so we shall have to see how things form up in a few years to have a good indication of the state of things. But again, without any international support, it is likely going to make governance more difficult and the economy worse. Some recent good news for the people of Afghanistan is that the EU has reestablished a physical presence in Afghanistan for the purpose of facilitating humanitarian aid, but the EU has also stressed very strictly that it still does not recognise the Taliban government. But will things be better than in 1996-2001? It is possible things might be a bit better than under the first period of Taliban rule, but whether how long that lasts or not is another question as the Taliban may choose to transition into the ways they want to see more slowly this time. Many hope they will do some things differently such as continuing to allow girls and woman to go into education and also keep letting them work as well, but there are no solid guarantees. The Republic of Afghanistan, although with many faults and dangers, had guaranteed more rights, improved education, and more, and could have eventually grown to improve. Taliban rule will not be better than that. Sources (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Thank you for reading this post, if you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter, Reddit, Pinterest and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates. You can also subscribe to Email notifications at the right-side of this website to know whenever a new post goes up (you can easily unsubscribe from this at any time through a button in each Email notification), or alternatively you can use an RSS Feed Reader.