right to hold and to freely adopt a religion or belief.23 These fundamental rights are, therefore, an inevitable precondition for the realisation of other fundamental rights. Thus, every government has the obligation to preserve and responsibility to protect this right within its national territory. 3.1. Freedom of Expression Afghanistan is also a state party to the ICCPR; however, the right to freedom of expression is now severely restricted in the country. The de facto Taliban regime, now as duty bearer, disregards its obligations to comply with Afghanistan’s international human rights commitments. Since taking power, the Taliban has largely abolished certain national legal and institutional mechanisms protecting the rights to freedom of expression, including the country’s constitution enacted in 2004 - which guaranteed largely the rights defined under ICCPR - the Mass Media Law, and the Rights to Information Law. Media outlets have been increasingly subjected to intrusive treatment and guidelines by the Taliban, often reinforced through violence, arrest, and torture. While practically suspending the country’s previously exited law on media, on 19 September, 2021, the Taliban unilaterally introduced the so-called “11 Journalism Rules”, which have been called by the Reporters Without Borders (RSF) “vaguely worded, dangerous, and liable to the be used to persecute” Afghan media workers.24 These 11 Rules, among other restrictions, prevent all Afghan journalists and media workers from broadcasting news and stories that are “contrary to Islam”, “insult to national figures”, as well 23 UN: Human Rights Office of the Hight Commissioner, ‘International Standards: Special Rapporteur on Freedom of Beliefs and Religion’, 23 March, 1976, https://shorturl.at/q0Ito Reporters Without Borders, ‘Afghanistan: 24 “11 Journalism Rules” Imposed by Taliban Open Way to Censorship and Arbitrary Decisions, RSF Warns’, 22 September, 2021, https://shorturl.at/3leva as should be confirmed with the Talibanrun Government Media and Information Center (GMIC) prior to publication.25 Yet, the directive fails to indicate how and who should determine that a comment or a report contradicts Taliban’s version of Islam and or disregards national figures, opening the door to censorship, repression, and inevitably persecution for non-compliance. The media sector suffered not only from the Taliban’s direct attack and crackdown, but also from the loss of state patronage and foreign funding. A large number of journalists have fled the country, and sought refuge in neighbouring countries or asylum in Western world. Those remaining inside Afghanistan are now suffering from growing violence at the hand of the Taliban. According to a report released by RSF, since August 2021, around two-thirds of Afghanistan’s 12,000 journalists have been forced out of their jobs, including 80 per cent of its women journalists. More than half of the 547 media outlets that were registered before the regime change have now closed their operations.26 In 2022, the regime also banned international broadcasters, including the U.S. Congressfunded Radio Free Europe/Radio Liberty also known as Radio Azadi, and the Voice of America.27 The subsequent events suggest that these repressive measures have not quenched the Taliban’s persistent thirst to further restrict the media sector and freedom of expression. In May, 2024, the Taliban’s Media Complaints and Rights Violations Commission banned journalists, analysts, and experts from participating in discussions or cooperation with 25 Ibid. 26 Committee to Protect Journalists, ‘Taliban Orders Shutdown of Broadcaster Tamadon TV’, 7 June, 2024, https://shorturl.at/A5ISV Reporters Without Borders, ‘The Taliban Step 27 up War on Media by Silencing FM Broadcasts of Radio Azadi and VOA’s’, 2 December, 2022, https://shorturl.at/ lWnOk 13