The UN special rapporteur on human rights in Afghanistan said it is time for the international community to formally recognize and criminalize “gender apartheid” in Afghanistan, adding that existing international legal frameworks do not adequately address the systematic exclusion of women and girls under Taliban rule.
Richard Bennett made the remarks during a side event at the UN Commission on the Status of Women titled “Ensuring Access to Justice for Afghan Women and Girls: Documentation, Accountability, Protection, and the Rule of Law.”
Bennett said that while international criminal law already prohibits certain gender-based crimes — including gender persecution — it does not sufficiently address institutionalized systems that enforce widespread discrimination against women.
“While the international criminal legal framework prohibits certain gender-based crimes, including gender persecution, I consider that it does not sufficiently prohibit institutionalized regimes such as that now holding power in Afghanistan,” Bennett said. “This is why I strongly support efforts to codify the crime of gender apartheid.”
He noted that Afghan women have used the term “gender apartheid” since the 1990s to describe their experiences under Taliban rule and said the international community should stand in solidarity with them.
“It’s also time we officially name, codify and prohibit the crime,” Bennett said.
Since returning to power in August 2021, the Taliban have imposed sweeping restrictions on women and girls, including banning girls from education beyond sixth grade, restricting women’s employment in many sectors and limiting their freedom of movement. Afghanistan remains the only country in the world where girls are barred from secondary and higher education.
Bennett said these policies have not only marginalized women and girls but have also weakened access to justice, pushing many communities to rely increasingly on informal or traditional dispute resolution mechanisms.
Such mechanisms have long been part of Afghan society and can sometimes provide quicker solutions to disputes. However, Bennett said they raise serious human rights concerns.
“These mechanisms often lack procedural safeguards, transparency and independent oversight,” he said. “They are typically male-dominated and decisions frequently reflect patriarchal norms.”
Despite these risks, Bennett said many Afghan women are turning to such mechanisms because formal justice institutions have become inaccessible or unreliable.
Women often seek help through local mediation in cases involving domestic or intimate partner violence as well as disputes over property and inheritance — issues that historically have posed challenges for women seeking legal remedies.
“For survivors, alternate mechanisms are often the only avenue to mitigate abuse,” Bennett said.
He added that in some cases these approaches have produced positive results. Civil society-supported family mediation has persuaded some families to allow girls to return to education, while engagement with religious leaders has helped address forced and child marriage in certain communities.
Still, Bennett stressed that such mechanisms should not be viewed as a substitute for a formal justice system grounded in human rights and the rule of law.
“In contexts like Afghanistan, where formal justice systems are being weaponized, alternate mechanisms can be an important tool for justice,” he said. “But they are not the long-term solution.”
Bennett also criticized what he described as insufficient international action in response to the situation in Afghanistan.
“Lack of vision and lack of solidarity among the international community is emboldening the Taliban and their oppressive policies,” he said.
While welcoming recent statements of condemnation from governments and international bodies, Bennett said stronger and more coordinated action is needed.
He urged policymakers to consider building a new strategy using the independent assessment on Afghanistan presented to the UN Security Council two years ago as a starting point.
“The thinking needs to emerge into a plan, followed by concerted and determined action coordinated with Afghans,” he said.
Bennett emphasized that meaningful progress will require sustained international engagement and collaboration with Afghan civil society and experts.
Afghanistan is currently facing overlapping crises, including economic collapse, humanitarian challenges and widespread restrictions on women’s rights, with aid groups warning that millions of Afghans remain in need of assistance.
Bennett said ensuring access to justice for Afghan women and girls must remain central to international efforts to address the country’s broader crisis.
