as their human rights work in exile may
expose them to threats and retaliation by
the Taliban.
The Taliban’s repressive interpretation of
Islamic Sharia law has led to severe gender
discrimination against women and girls. In
fact, women and girls in Taliban-controlled
Afghanistan have now been completely
stripped of their very fundamental
rights, including the rights to education,
employment, and free movement. Most
recently, on 22 August, 2024, the Taliban
imposed a new range of restrictions,
as an attempt to control people’s lives
and behaviours.3 Article 13th of the new
morality law extends the already intolerable
restrictions on women and girls, requiring
them to fully cover not only their faces and
bodies but also hide their voices in public.
The new measure also provides the
Taliban’s appointed morality police with
what the UN Special Representative, Roza
Otunbayeva described as “discretionary
powers” to threaten and detain anyone for
non-compliance.4 Therefore, an increasing
body of evidence suggests that the nature
and scope of persecution against women
and girls by the Taliban is a clear indication
of the crime against humanity of gender
persecution under Article 7 of the Rome
Statute of the International Criminal Court
(ICC).5
Likewise, Afghanistan’s LGBTI community
now lives in growing fear of violence and
persecution. Although Afghanistan society
has traditionally had little tolerance for
homosexuality, the Taliban’s comeback has
subjected the country’s LGBTI individuals
largely to detention, torture, and gang
3
BBC Persian, Ali Hussaini., ‘Talibans’ New Law
Provides Morality Police Broad Power of Enforcement’,
23 August, 2024, https://rb.gy/tvqk6y
4
UNAMA, ‘Statement from Special Representative of the Secretary-General and Head of UNAMA’, 25
August , 2024, https://rb.gy/xn6qrx
5
Amnesty International, ‘The Taliban’s War on
Women’, 26 May, 2023, https://rb.gy/a2161v
6
rape.6 Since mid-August 2021, a small
number of Afghanistan LGBTI individuals
have been relocated to countries such as
Canada, Ireland, and the United Kingdom.
However, a large number of them are still
stranded in Afghanistan, being at risk of
heightened violence and discrimination
and being rendered voiceless without any
legal protection.
Moreover, credible reports show Taliban’s
systematic discrimination and repression
of certain ethnic groups, including
Hazaras, Tajiks, and Uzbeks. Based on the
evidence, hundreds of families belonging
to these ethnic communities have faced
forced eviction, with their lands and other
properties being taken and given to the
Taliban affiliates and members.7 Evidence
also attests to the Taliban’s massive targeted
killings, enforced disappearances, and
other ethnically motivated persecution.8
Meanwhile, the Hazaras are reportedly
being disproportionately subjected to
extreme violence and dehumanisation
by the Taliban and affiliates of the Islamic
State of Khorasan Province (ISKP) alike
because of their distinct ethnic and
religious identity.
The Hazaras are historically the most
persecuted ethnic group in Afghanistan,
with
their
long-standing
suffering
continuing into the present, aggravated
alarmingly by the Taliban’s rise to power.
Numerous findings by international rights
groups indicate that hundreds of Hazaras
have been killed in suicide attacks in their
education centers, marketplaces, religious
sites, and public transports since the
6
Foreign Policy, Lynne O’Donnell, ‘Millions of
Afghans Want to Flee, LGBTQ Afghans Have to’, 22 May,
2022, https://shorturl.at/oLVGJ
7
Human Rights Watch, ‘Afghanistan: Taliban
Forcibly Evict Minority Shia’, 22 October, 2021, https://
rb.gy/x9r6zg / Atlantic Council, Natiq Malikzada., ‘Afghanistan’s Future after the Taliban Takeover: Civil War
or Disintegration?’, 1 March, 2022, https://rb.gy/ejvbie
8
Afghanistan Analysts Network, ‘Rawadari
Report: Targeted and Extrajudicial Killings Surge under
Taliban Rule’, Updated on 19 April, 2024, https://shorturl.
at/zDqLo