Slavery, as a shameful and anti-human phenomenon, had been practiced in human societies for many centuries. Conscientious individuals who believed in human equality waged numerous struggles throughout history to eradicate this abhorrent practice, until it was officially declared illegal for the first time in the nineteenth century — in 1833 in England and later in 1865 in the United States of America.
Following this, the movement gradually assumed a global character. After the establishment of the League of Nations, the Slavery Convention was adopted in 1926 in Geneva in 12 articles by 40 member states of that organisation, committing member countries to the gradual eradication of slavery in their territories.
Subsequently, further international instruments were developed at the global level to eliminate this abhorrent practice.
International legislative instruments
Since 1926, alongside the Slavery Convention, the following instruments have been in force at the global level:
- The Supplementary Convention on the Abolition of Slavery (1956): This convention contains 15 articles and complements the 1926 convention;
- The Universal Declaration of Human Rights (1948);
- The International Covenant on Civil and Political Rights (1966), which prohibits slavery in Article 8;
- The Declaration of the Rights of the Child (1959);
- The Convention on the Rights of the Child (1989);
- The Cairo Declaration on Human Rights in Islam (1990), which emphasises the prohibition of slavery in Article 11;
- The Charter of the Organisation of Islamic Cooperation (revised 2008);
- The Convention on the Elimination of All Forms of Discrimination against Women, adopted in 1979 and entered into force in 1981;
- The Rome Statute of the International Criminal Court (1998); and
- The Palermo Protocol (2000).
Prohibition of slavery in Afghanistan’s legal system
Afghanistan has national and international obligations toward the eradication of slavery, as follows:
A — At the national level:
After Afghanistan emerged as an independent country in 1298 (1919) under the leadership of King Amanullah, one of the measures taken by that government was the promulgation of the Basic Law of the State of Afghanistan in 1301 (1922). This constitution, for the first time as a national legal document, absolutely prohibited slavery. Article 10 explicitly stated:
“In Afghanistan, the principle of enslavement is completely abolished. No one, whether man or woman, may employ another as a slave.”
The country’s second constitution, enacted in 1310 (1931) during the reign of Mohammad Nader Shah under the title Basic Principles of the State of Afghanistan, also prohibited slavery. Article 11 of that constitution stated:
“Personal liberty is protected from violation. No one shall be detained or punished without a legal order and enacted regulations.
In Afghanistan, the principle of enslavement is prohibited. No one, whether man or woman, may employ another as a slave.”
Subsequently, all constitutions of Afghanistan (those of 1343, 1355, 1359, 1367 and 1382) emphasised freedom and equality of the people, and all citizens were considered equal before the law.
By adherence to Afghanistan’s constitutions for more than a century, the concept of slavery was eradicated in Afghanistan and ceased to be a subject of discussion.
B — At the international level:
Afghanistan has accepted and acceded to all international instruments related to the abolition of slavery mentioned above. In addition, Afghanistan has acceded to two international instruments that are specifically recognised as anti-slavery conventions: Afghanistan signed and acceded to the Slavery Convention in 1954 and to the Supplementary Convention on the Abolition of Slavery in 1966.
In view of this brief overview, Afghanistan is among the countries that do not recognise slavery in any form.
However, regrettably, in January of this year, the Taliban, by enacting a penal code for their courts — consisting of a preamble, three chapters, ten sections and 119 articles — have, in some instances, used the terms “slave” and “master”. This indicates that the current rulers of Afghanistan recognise slavery, because in legal theory, one of the sources of law is legislation, and whenever a condition, event, act or term is explicitly or implicitly included in a legal text, it indicates its legitimacy.
Thus, the Taliban have referred to the concepts of slave and master in law, despite the fact that these concepts have long since lost their meaning in Afghan society, and despite the fact that, worldwide — including in Islamic countries — concepts related to slavery have no legal legitimacy and are condemned and despised. In this way, the possibility of this abhorrent phenomenon has been transformed into a legal concept within the Taliban’s ruling system.
This is not only a serious warning for Afghanistan but could also send an ugly message to the collective conscience of humanity.
Nasrullah Stanekzai is a legal expert and a former lecturer at the Faculty of Law and Political Science at Kabul University.
The views expressed in this opinion piece are his own and do not necessarily reflect those of Amu TV.
