The Open Society Justice Initiative, a New York-based human rights watchdog, has praised the declarations from the foreign ministers of Australia, Canada, Germany, and the Netherlands to hold the Taliban accountable for their ongoing violations of women’s and girls’ rights in Afghanistan.
This effort marks a significant step in addressing the widespread gender-based discrimination that has intensified since the Taliban seized power in August 2021.
In a joint statement, the foreign ministers of the four nations highlighted the Taliban’s obligation to uphold Afghanistan’s commitments under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Afghanistan ratified the convention in 2003, making it legally bound to protect women’s rights even though the Taliban regime is not recognized as the country’s legitimate government by any state.
The whichnitiative, whichh has also garnered support from countries including Albania, Belgium, Iceland, Malaysia, Morocco, Panama, Sierra Leone, and Slovenia, aims to hold the Taliban accountable through the International Court of Justice (ICJ) in The Hague, which handles disputes between U.N. member states.
A landmark legal effort
Germany and its allies have made it clear that if the Taliban does not show significant improvement in its treatment of women within six months, they will pursue legal action at the ICJ. This would be an unprecedented move, as it would mark the first time a country has been brought to the ICJ specifically for violating women’s rights under an international treaty.
The countries involved are demanding that the Taliban reverse its restrictions on Afghan women, which include bans on education beyond the sixth grade, limits on employment opportunities, and prohibitions on women’s freedom of movement.
“The move launches a process that could lead to action against Afghanistan before the ICJ,” the Open Society Justice Initiative said in a statement. The group stressed that despite the lack of international recognition of the Taliban as Afghanistan’s legitimate government, the regime is still bound by the treaties Afghanistan has ratified, including CEDAW.
Calls for global participation
Natasha Arnpriester, a senior lawyer at the Justice Initiative, urged other countries to join the effort to invoke CEDAW and ensure that Afghan women’s voices are central to the legal process.
“Holding the Taliban accountable for Afghanistan’s treaty obligations to protect the rights of women and girls is long overdue,” she said. “This effort follows the courageous leadership and resistance of Afghan women, who continue to fight for their rights in the face of oppression.”
Arnpriester emphasized that this initiative offers a path toward a more sustainable future for Afghan women and girls, sending a message that they “will not be forgotten, but supported in their pursuit of justice and equality.” She called on CEDAW member states to increase diplomatic pressure on the Taliban and ensure that the rights of Afghan women are prioritized in international discussions.
Women’s rights under Taliban
Since returning to power in 2021, the Taliban has severely restricted the rights of women and girls in Afghanistan. The regime has banned girls from attending school beyond sixth grade and has barred women from working in most sectors. In August, the Taliban’s Ministry for the Propagation of Virtue and the Prevention of Vice issued further regulations, including mandatory face coverings for women in public and restrictions on their participation in public life.
Women’s rights advocates have continuously raised concerns about these escalating restrictions, which have effectively erased decades of progress in Afghanistan. Afghan women, once active participants in the country’s social, political, and economic life, are now almost entirely excluded from public life.
Despite international pressure, the Taliban has remained defiant, continuing to enforce its strict interpretation of Islamic law. Human rights groups and women’s organizations have consistently called for more robust international action to address the Taliban’s policies, which they say amount to gender apartheid.
The initiative launched by Australia, Canada, Germany, and the Netherlands is seen as a crucial step in holding the Taliban accountable for its actions. If the case moves forward to the ICJ, it could lead to a binding ruling that would further isolate the Taliban internationally and increase pressure on the regime to change its policies.