Letter to NATO Members on civilian protection in Afghanistan – Human Rights Watch (press release)
Brussels, 22 May 2017
RE: Civilian Protection in Afghanistan
Dear NATO Members,
At last years NATO Summit in Warsaw, member states endorsed a new policy on the protection of civilians. This policy came at a crucial time, as civilians are increasingly bearing the brunt of the armed conflict in Afghanistan, where civilian casualties have steadily risen since 2014. NATOs Resolute Support Mission functions to train, advise, and assist the Afghan National Security Forces (ANSF), making NATO uniquely placed to implement the new civilian protection policy by discouraging unlawful ANSF practices and pressing the government to institute effective civilian protection measures. In an appendix to this letter we have included recommendations specific to NATOs operations in Afghanistan.
Since the withdrawal of most international forces at the end of 2014, fighting between the Afghan government and insurgents has escalated, straining the capacities of the ANSF, and taking a higher toll on civilians. In July 2016, Human Rights Watch wrote to all NATO heads of state to raise our concerns about rising civilian casualties in the Afghan conflict and about specific abuses by Afghan government forces and government-supported militias. We recognize that the Afghan government faces a growing threat not only from Taliban insurgents, but also from groups claiming affiliation with the Islamic State. Under these circumstances the government should be more concerned than ever about the effect of abuses on the civilian population, yet serious violations by government forces continue to increase with near complete impunity.
The United Nations Assistance Mission to Afghanistan (UNAMA) has documented a steady rise in civilian casualties since 2009, with each year reaching a new high for civilian loss of life. In 2016, one-third of civilian casualties were children.
The Taliban and other insurgent groups have been responsible for the vast majority of attacks that have caused significant civilian casualties in Afghanistan, particularly by carrying out suicide bombings in urban areas and planting improvised explosive devices (IEDs) on public roads. However, as we noted in our letter last year, despite years of support and training by NATO allies, ANSF personnel are also increasingly responsible for military operations that have resulted in large numbers of civilian casualties.
At the Warsaw Summit, NATO members pledged to ensure that Afghan security institutions and forces were fully capable of providing security for the Afghan people; operate under effective civilian control; respect human rights; and act in accordance with the Afghan constitution and the rule of law. NATO should make good on that pledge by adopting a clear strategy to curb abusive practices by the ANSF and press the government to institute effective measures to protect civilians.
Civilian Casualties from Aerial Operations
In 2016, UNAMA documented a 46 percent increase in civilian casualties caused by pro-government forces over 2015, with a total of 903 deaths and 1,825 injured, most from the use of explosive weapons (mortars, rockets, etc.) during ground engagements in civilian-populated areas and from aerial operations. In the first three months of 2017, UNAMA documented 148 civilian casualties from Afghan government air operations alone, a figure more than five times higher than for the same period in 2016.
NATOs Resolute Support Civilian Casualty Mitigation Team has provided guidance to the Afghan government in developing its National Civilian Casualty Mitigation and Prevention Policy, which reportedly remains under review by Afghan authorities. In its response to UNAMAs February 2017 report on civilian casualties, the Resolute Support Mission noted that insurgents conduct attacks while in the vicinity of known civilian locations. The fact that much of the fighting in Afghanistan since early 2016 is taking place closer to densely populated urban areas makes it all the more important that appropriate measures are taken to ensure that the force used is discriminate and proportionate in accordance with international humanitarian law, and that the risks of targeting in such areas are adequately assessed. In this regard, we are particularly concerned that Afghan civilian casualty tracking and mitigation measures are significantly lacking, and that the training of Afghan tactical air coordinators (ATACs) lags far behind what is needed as aerial operations increase. The National Civilian Casualty Mitigation and Prevention Policy has been two years in the making, but has yet to be adopted. The government should adopt a comprehensive policy without further delay and implement an effective action plan that includes the establishment of an entity within the government to track and investigate all reports of civilian casualties.
Attacks on Schools and Military Use of Schools
One key area in which NATO can make a significant difference is with respect to ANSFs use of schools for military purposes, and abuses against students and education personnel. As security throughout Afghanistan has deteriorated, schools throughout the country have come under threat, not only from the Taliban but also from Afghan security forces.In its final 2016 report, UNAMA documented the ANSFs military use of 26 schools (the Taliban or other insurgents made military use of 9 schools). The most affected provinces were Helmand, Kunduz, Logar, Maidan Wardak, Takhar, Farah, Badakshan, Ghor, Jawzjan and Paktya. Human Rights Watchs own research suggests that the actual numbers may be much higher. In April 2016, we conducted research in Baghlan province, which had seen intense fighting that year, and in that province alone we documented 11 schools occupied or being used for military purposes by units belonging to the Afghan National Army (ANA), Afghan National Police (ANP), and Afghan Local Police (ALP).
As you may know, Afghanistan is a signatory to the internationalSafe Schools Declaration, as are many NATO members; the declaration provides guidance on how tobetter protect schoolsfrom attacks and military use. Even so, Afghan security forces have used schoolsmany of them constructed by foreign donors and often the only concrete-reinforced, multi-story buildings in smaller villagesas their military bases during offensives into Taliban-held areas, with the result that the schools often become battlegrounds between ANSF and Taliban forces.
The failure to protect schools, together with deteriorating security across the country, means that Afghanistans fragile gains in education are at serious risk. Schools are closing at an alarming rate as the fighting has escalated and spread to previously secure areas. In January 2017, the acting education minister told parliament that 1,000 schools were closed due to insecurity, out of a total of 16,000. Escalating insecurity encourages families to keep their children at homeand families usually have less tolerance for sending girls to school in insecure conditions than boys. In addition, the lack of rule of law stemming from the conflict means that girls on the way to school are at risk of kidnapping and sexual harassment all of which makes it more likely their families will keep them at home.
The ANSF have also been responsible for other abuses against students and education personnel. In 2016, UNAMA documented 94 conflict-related incidents targeting or affecting education; ANSF and pro-government armed groups were responsible for 20 of them. And despite Afghanistans new law criminalizing the recruitment of children into the armed forces, such abuse continues.
Attacks on Healthcare Facilities
Healthcare facilities have also been at risk of attack by both insurgent forces and the ANSF. While the Taliban and other insurgents, including those affiliated with ISIS, have attacked healthcare facilitiesmost notably in the March 2017 attack on the Army Hospital in Kabul that killed at least 50 and injured more than 100ANSF have also been responsible for such attacks. In 2016 UNAMA documented 13 incidents of military use or occupation of healthcare facilities by the ANSF. In one case that we brought to your attention last year, Afghan security forces raided a clinic run by the nongovernmental Swedish Committee for Afghanistan (SCA) in Day Mirdad district, Wardak province. During the raid, the Afghan Special Forces assaulted medical staff, removed two patients, one of whom was under 18, and a 15-year-old caregiver from the facility, and summarily executed them outside the clinic.Following the incident, Afghan provincial authorities in Wardak province gave statements justifying the raid on the grounds that those killed (including the two children) were Taliban, and that the raid was carried out because Taliban were being treated at the clinic.
As you are aware, wounded Taliban fighters who arehors de combatare entitled to treatment, and facilities that provide such treatment remain civilian objects that may not be targeted. International humanitarian Law provides special protection to medical facilities, staff and patients during armed conflict. In no case can security forces summarily kill persons in their custody. We understand that the Afghan Ministry of Interior conducted an inquiry into the incident, though the results have not been made public. We again urge you to call for a comprehensive, impartial, and transparent investigation outside the military chain of command, and to urge that those identified as responsible for killings and other serious abuses be held accountable. The investigation should also examine the role played by international forces who accompanied the Afghan Special Forces, and whether they attempted to intervene or prevent the killings and assaults on medical staff.
Impunity
Impunity for serious violations of international humanitarian law is a key factor in their recurrence. The United Nations Committee against Torture, which in April 2017 held a public hearing on Afghanistans submissionthe first report any Afghan government has submitted in nearly 25 yearsvoiced its strongest concern about the problem of continued impunity for serious abuses in Afghanistan.
Despite reforms initiated by the National Unity Government, including the criminalization of the recruitment of child soldiers, abuses by Afghan security forces continue because perpetrators are not held to account. Impunity has long been identified by the Afghan government, donor countries, and intergovernmental organizations as an impediment to the countrys development and the protection of civilians.NATO and leaders of NATO member states should act in unison to press the Afghan government to ensure justice for grave crimes. The absence of justice will foster continuing distrust in government authorities, revenge crimes, and support for insurgents.
NATO is uniquely placed to advance protection of civilians due to its high-level engagement both with those in a position to stop and remedy violations and with those senior authorities responsible for abuses. NATO should strengthen its expertise and capacities by appointing a high-level envoy on Protection of Civilians at Headquarters to ensure successful implementation of its protection of civilians strategy and coordinate with other international and national agencies, experts and civil society groups. The high-level envoy would help ensure informed and timely discussion within NATO, and provide expert analysis, advice, and recommendations to advance implementation of specific measures aimed at curbing serious abuses. The appointment of the special representative for women, peace and security provides an important model, but without a similar high-level mechanism on the protection of civilians, NATO pledge may mean very little.
We look forward to engaging in a constructive dialogue with you about these issues.
Sincerely,
Lotte Leicht Brad Adams EU Director Asia Director Human Rights Watch Human Rights Watch
Appendix
Recommendations to NATOs Resolute Support Mission regarding Civilian Protection in Afghanistan
The rest is here:
Letter to NATO Members on civilian protection in Afghanistan - Human Rights Watch (press release)
- FIFA sanctions creation of Afghanistan womens refugee team - The Athletic - The New York Times - May 10th, 2025 [May 10th, 2025]
- Voices of Afghanistan Interview Series: 'We, the female doctorsonce symbols of womens progress, ability, and independenceare now facing barriers,... - May 10th, 2025 [May 10th, 2025]
- FIFA OKs creation of Afghanistan womens refugee team - Field Level Media - May 10th, 2025 [May 10th, 2025]
- Journalist Kim Cross on reconstructed narratives and the women who led a cycling revolution in Afghanistan - Nieman Storyboard - May 10th, 2025 [May 10th, 2025]
- Taliban Earning Billions, Giving American Weaponry to Terrorist Groups as Afghanistan Once Again Becomes Jihadi Hotbed: Report - freebeacon.com - May 10th, 2025 [May 10th, 2025]
- Gender Apartheid And Mental Health Crisis In Afghanistan - Forbes - May 10th, 2025 [May 10th, 2025]
- BEHIND THE BADGE: Jonathan "Joey" Jones Previews New Book, Weighs in on Biden's Gaza Pier and Afghanistan Withdraw Disasters - FOX News... - May 10th, 2025 [May 10th, 2025]
- Afghanistan: Suspended/Closed Health Facilities due to the U.S. Government Work-Stop Ban (Update as of 6 May 2025) - ReliefWeb - May 10th, 2025 [May 10th, 2025]
- Muhajira: A Girl Born on the Border Between Afghanistan and Pakistan - ReliefWeb - May 10th, 2025 [May 10th, 2025]
- Commentary: Trump caved to the Taliban in Afghanistan. Will he repeat in the Russia-Ukraine talks? - Yahoo - May 10th, 2025 [May 10th, 2025]
- Lavrov Warns NATO Of 'Time Bomb' in Afghanistan Over Military Redeployment Attempts | Watch - Times of India - April 25th, 2025 [April 25th, 2025]
- MTN leaves Afghanistan, hands over to M1 Group - Developing Telecoms - April 25th, 2025 [April 25th, 2025]
- Governments of Uzbekistan, Afghanistan and Pakistan to sign railway project - AzerNews - April 25th, 2025 [April 25th, 2025]
- Afghan-American appointed to lead U.S. policy on Afghanistan at the State Department - ASIA-Plus - April 25th, 2025 [April 25th, 2025]
- Veterans who each lost part of a leg in Afghanistan try for new world record with Grand Canyon hike - Stars and Stripes - April 25th, 2025 [April 25th, 2025]
- Afghanistan: Suspended/Closed Health Facilities due to the U.S. Government Work-Stop Ban (Update as of 22 April 2025) - ReliefWeb - April 25th, 2025 [April 25th, 2025]
- On This Day in 2008, a Mortar Attack Halts Toby Keiths USO Concert in Afghanistan - American Songwriter - April 25th, 2025 [April 25th, 2025]
- Pakistan, Russia agree to boost cooperation on terrorism threats in Afghanistan - MSN - April 25th, 2025 [April 25th, 2025]
- US weapons left behind in Afghanistan now with Taliban: Why is Pakistan ringing alarm bells? - Firstpost - April 14th, 2025 [April 14th, 2025]
- Afghanistan womens team gets funding from the International Cricket Council - AP News - April 14th, 2025 [April 14th, 2025]
- Trump administration ending temporary protected status for nationals from Afghanistan and Cameroon - Scripps News - April 14th, 2025 [April 14th, 2025]
- US restores urgent food aid, except in Afghanistan and Yemen, two of the worlds poorest countries - AP News - April 14th, 2025 [April 14th, 2025]
- Afghanistan women's team gets funding from the International Cricket Council - MSN - April 14th, 2025 [April 14th, 2025]
- Afghanistan: Has Taliban Handed Over Bagram Airbase to US? | Vantage with Palki Sharma | N18G - Firstpost - April 14th, 2025 [April 14th, 2025]
- Terrorists used US weapons abandoned in Afghanistan in Jaffer Express attack: report - Dawn - April 14th, 2025 [April 14th, 2025]
- Anti-US banner appears on former embassy in Afghanistan - Caliber.Az - April 14th, 2025 [April 14th, 2025]
- Afghanistan women's team gets funding from the International Cricket Council - The Derrick - April 14th, 2025 [April 14th, 2025]
- Afghanistan women's team gets funding from the International Cricket Council - Traverse City Record-Eagle - April 14th, 2025 [April 14th, 2025]
- Taliban carries out public execution of two men in western Afghanistan - Times of India - April 14th, 2025 [April 14th, 2025]
- 'Trump and Afghanistan are the perfect illustration of America withdrawing into itself' - Le Monde.fr - April 5th, 2025 [April 5th, 2025]
- A midwife says of the aid cuts in Afghanistan: 'No one prioritizes women's lives.' - NPR - April 5th, 2025 [April 5th, 2025]
- Banned from education: A review of the right to education in Afghanistan - UNESCO - April 5th, 2025 [April 5th, 2025]
- The Taliban leader says there is no need for Western laws in Afghanistan - AP News - April 5th, 2025 [April 5th, 2025]
- ACAPS Thematic report - Afghanistan: Implications of the US foreign aid cuts on the humanitarian response (01 April 2025) - ReliefWeb - April 5th, 2025 [April 5th, 2025]
- American woman held in Afghanistan by the Taliban has been released, AP source says - AP News - April 5th, 2025 [April 5th, 2025]
- India says it is monitoring reports of abuse against Sikhs in Afghanistan and Pakistan - Amu TV - April 5th, 2025 [April 5th, 2025]
- EU and Central Asian leaders urge inclusive government in Afghanistan - News.az - April 5th, 2025 [April 5th, 2025]
- About 140 years old: the oldest person on Earth lives in Afghanistan - EADaily - April 5th, 2025 [April 5th, 2025]
- Trump hands Taliban-controlled Afghanistan the same 'Liberation Day' tariff as the UK 'after terror group spen - Daily Mail - April 5th, 2025 [April 5th, 2025]
- China, Japan, India, Malaysia, Russia, Turkey, Afghanistan, Azerbaijan ,Italy, Poland, Spain, South Korea And More Countries Propel Gilans Tourism To... - April 5th, 2025 [April 5th, 2025]
- Afghanistan: Suspended/Closed Health Facilities due to the U.S. Government Work-Stop Ban (Update as of 1 April 2025) - ReliefWeb - April 5th, 2025 [April 5th, 2025]
- Bidens Failure in Afghanistan: Public Relations Was the Concern Not the Dissent Cable - American Center for Law and Justice - April 5th, 2025 [April 5th, 2025]
- TTP, BLA's armament: Pakistan urges UNSC to prevent weapons' access to terrorists in Afghanistan - Geo.tv - April 5th, 2025 [April 5th, 2025]
- Taliban frees an American man who was abducted while traveling in Afghanistan more than 2 years ago - The Associated Press - March 20th, 2025 [March 20th, 2025]
- American George Glezmann freed by Taliban more than 2 years after arrest in Afghanistan - CBS News - March 20th, 2025 [March 20th, 2025]
- George Glezmann, US man detained in Afghanistan in 2022, released by Taliban in goodwill gesture - The Times of India - March 20th, 2025 [March 20th, 2025]
- American detained by Taliban in Afghanistan is freed in deal mediated by Qatar - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale - March 20th, 2025 [March 20th, 2025]
- Afghanistan: Security Council renews UN mission as WHO warns of health catastrophe - UN News - March 20th, 2025 [March 20th, 2025]
- American detained by the Taliban in Afghanistan has been released - AOL - March 20th, 2025 [March 20th, 2025]
- Taliban frees an American man who was abducted while traveling in Afghanistan more than 2 years ago - The Sun Chronicle - March 20th, 2025 [March 20th, 2025]
- American Detained In Afghanistan By The Taliban Has been Released - iHeart - March 20th, 2025 [March 20th, 2025]
- Afghanistan's school year begins without girls beyond sixth grade - News.Az - March 20th, 2025 [March 20th, 2025]
- American Detained In Afghanistan By The Taliban Has been Released - KLVI - March 20th, 2025 [March 20th, 2025]
- American Detained In Afghanistan By The Taliban Has been Released - WIMA - March 20th, 2025 [March 20th, 2025]
- Swiss government to deport rejected asylum seekers from Afghanistan - SWI swissinfo.ch in English - March 20th, 2025 [March 20th, 2025]
- US citizen George Glezmann released from detention in Afghanistan - Herald Palladium - March 20th, 2025 [March 20th, 2025]
- India ranks 118th in World Happiness Report, Afghanistan is last - Deccan Herald - March 20th, 2025 [March 20th, 2025]
- We have no presence in India, Afghanistan or anywhere else: BLA - News Vibes of India - March 20th, 2025 [March 20th, 2025]
- Afghanistan trying to connect with neighbors via railway - Pajhwok Afghan News - March 20th, 2025 [March 20th, 2025]
- 80% Of Afghanistan Services Risk Shutdown By June: World Health Organization - NDTV - March 20th, 2025 [March 20th, 2025]
- British pensioners jailed in Afghanistan to appear in court after the Taliban said their arrest was a 'misunde - Daily Mail - March 20th, 2025 [March 20th, 2025]
- Why is India quietly boosting ties with Afghanistan's Taliban? - Nikkei Asia - March 15th, 2025 [March 15th, 2025]
- CEO of Iraq and Afghanistan vets group to step down later this spring - Military Times - March 15th, 2025 [March 15th, 2025]
- Explained: Trump travel ban 2.0 to affect 43 countries including Afghanistan, Pakistan - The Indian Express - March 15th, 2025 [March 15th, 2025]
- NewsMakers Afghanistan and the Future of American - Home - The Commune - March 15th, 2025 [March 15th, 2025]
- He helped in Afghanistan. Now, his family is blocked from coming to Charlotte under Trump. - Charlotte Observer - March 15th, 2025 [March 15th, 2025]
- Health Crisis in Afghanistan: 206,000 Infected with Acute Respiratory Diseases in One Month - Hasht-e Subh Daily - March 15th, 2025 [March 15th, 2025]
- Rule Breakers review: Terrific drama shows the battle for girls' education in Afghanistan - New Scientist - March 15th, 2025 [March 15th, 2025]
- Trump calls US troop withdrawal from Afghanistan most humiliating moment in history - Amu TV - March 15th, 2025 [March 15th, 2025]
- UAE expands healthcare access with state-of-the-art clinics in Afghanistan - The Tribune India - March 15th, 2025 [March 15th, 2025]
- Pakistan, Afghanistan among 43 nations to be put in Trump administration's new travel ban list - Connected to India - March 15th, 2025 [March 15th, 2025]
- I served in Afghanistan. President Trumps war on DEI is making Americas military weaker - Stars and Stripes - March 15th, 2025 [March 15th, 2025]
- Pakistan says train attack was orchestrated from Afghanistan: It was like a rain of rockets and bullets - The Independent - March 15th, 2025 [March 15th, 2025]
- UAE expands healthcare access with state-of-the-art clinics in Afghanistan - ETHealthWorld - March 15th, 2025 [March 15th, 2025]
- Hizb-ut-Tahrir Afghanistan: West Is Trying To Assimilate Taliban - Middle East Media Research Institute - March 15th, 2025 [March 15th, 2025]
- Remarks by Ambassador Dorothy Shea, Charg dAffaires, at a UN Security Council Briefing on Afghanistan - United States Mission to the United Nations - March 11th, 2025 [March 11th, 2025]
- Afghanistan Monthly Protection Update As of January 2025 - ReliefWeb - March 11th, 2025 [March 11th, 2025]
- Briefing to the United Nations Security Council by the Secretary-Generals Special Representative for Afghanistan, Roza Otunbayeva, 10 March 2025 -... - March 11th, 2025 [March 11th, 2025]
- The UK unequivocally condemns the Talibans ban on girls' education in Afghanistan: UK statement at the UN Security Council - GOV.UK - March 11th, 2025 [March 11th, 2025]
- A War and the Taliban: Life of a Greek Woman in Male-Dominated Afghanistan - Greek Reporter - March 11th, 2025 [March 11th, 2025]