The report goes on to state, "The freedom of speech law covered foreign media; however, they were restricted from commenting negatively on Islam and from publishing materials considered a threat to the president. During the year, various insurgents, government officials, and Taliban subjected members of the press to harassment, intimidation, and violence. According to independent media and observers, government repression and armed groups prevented the media from operating freely...NDS [Afghanistan's intelligence service] agents detained numerous journalists for expressing views critical of government officials. According to Nai Media, the government was responsible for at least 23 of the 45 reported incidents of intimidation, violence, or arrest of journalists between May 2007 and May 2008."
Some of these incidents are detailed in the report. "On July 28, the NDS arrested Muhammed Naseer Fayez, news anchor and host of the political program "Haqeeqat" (The Truth) broadcast on Ariana Television...He was released after several days of questioning and stated the NDS told him to stop working in the media. Although the program remained on the air, Fayez has not returned to the show and media sources report he was seeking asylum outside the country."
Apparently political satire is not acceptable to the government. "In 2006 authorities for the Office of the Attorney General detained satirist Dr. Khalil Narmgoi after he authored an article titled, "Who is the President-–Hamid Karzai or Farooq Wardak?" criticizing the influence of President Karzai's then-Minister of Parliamentary Affairs. Narmgoi issued a public apology several days later, and authorities released him after 10 days. On June 20, NDS authorities rearrested Narmgoi in relation to the same incident."
Speaking up for women's rights can be dangerous too. In an incident that garnered much international attention, "In October 2007, police arrested Sayed Perwiz Kambakhsh, a student at Balkh University and a journalist for Jahan-e Naw (New World) daily, after he downloaded and distributed information from the Internet regarding the role of women in Islamic societies. On January 22, Balkh primary court sentenced Kambakhsh to death for "insolence to the Holy Prophet." Kambakhsh appealed, and the Supreme Court transferred the case to a Kabul appeals court. On October 21, the appeals court commuted Kambakhsh's death sentence to 20 years in prison. Kambakhsh appealed to the Supreme Court, and he remained incarcerated at year's end."
The legislature has done its part to reign in the free press as reported by the State Department, "The parliament passed a media law in September that contained a number of content restrictions. Under Article 45 of the law, the following are prohibited: works and materials that are contrary to the principles of Islam; works and materials offensive to other religions and sects; works and materials humiliating and offensive to real or legal persons; works and materials considered libelous to real and legal persons and that may cause damage to their personality and credibility, works and materials affecting the stability, national security, and territorial integrity of the country; false literary works, materials and reports disrupting the public's mind; propagation of religions other than Islam; disclosure of identity and pictures of victims of violence and rape in a manner that damages their social prestige, and articles and topics that harm the physical, spiritual, and moral well-being of people, especially children and adolescents." These restrictions would seem to cover most political speech, as well as most other areas.
Islam as the law.
Before and after the invasion of Afghanistan the U.S. government was highly critical of the Taliban's enforcement of their version of Islamic law. But the report indicates that the current Afghan government also restricts freedom of religion and expression. "The constitution proclaims Islam is the 'religion of the state' but allows non-Muslim citizens the freedom to perform their rituals within the limits determined by laws for public decency and peace. This right was not respected in practice. The constitution also declares no law can be contrary to the beliefs and provisions of Islam. For matters on which the constitution and penal code are silent--such as conversion and blasphemy--the courts defer to Shari'a. Family courts are governed by a Sunni Hanafi school-based civil code, regardless of whether the parties involved are Shi'a or Sunni. This civil code also applies to non-Muslims."
The report goes on to state, "In practice non-Muslims faced harassment and social persecution and opted to practice their faith discreetly. According to Islamic law, conversion from Islam is punishable by death...On September 11, a Kabul court sentenced former journalist Ahmed Ghous Zalmai and Mullah Qari Mushtaq to 20 years in prison for publishing a Dari translation of the Koran that allegedly contained errors and did not have an Arabic version published alongside the Dari for comparison. Zalmai and Mushtaq appealed their sentences to the Kabul Public Security Court. Proceedings were ongoing at year's end. Demonstrations calling for Zalmai's punishment were held in various towns, including a gathering in November 2007 in Jalalabad of reportedly more than 1,000 university students who demanded the death penalty for Zalmai."
What are conditions for Christians in Afghanistan? "Due to societal pressure, Christians were forced to remain underground, not openly practicing their religion or revealing their identity...Members of the government called for the execution of Christian converts," according to the report.While there are no laws against proselytizing, the report states "authorities viewed proselytizing as contrary to the beliefs of Islam, and authorities could punish blasphemy and apostasy with death under Shari'a."
Burqas.
And you may remember how the Taliban were criticized for requiring women wear burqas. There is now no law that requires this in Afghanistan, but many "women felt compelled to wear one due to societal or familial pressure. Cases of local authorities policing aspects of women's appearance to conform to a conservative interpretation of Islam did occur," according to the State Department.
Government corruption.
The State Department report indicates that government corruption in Afghanistan remains a problem. The Department reported, "The law provides criminal penalties for official corruption; however, the government did not always implement the law effectively, and officials frequently engaged in corrupt practices with impunity. In March, the UN Office on Drugs and Crime released a statement urging the government to crack down on major smugglers--some linked to government officials-and stated drug lords and corrupt government officials operated with impunity...Observers alleged governors with reported involvement in the drug trade or past records of human rights violations nevertheless received executive appointments and served with relative impunity."
Women still subject to systemic abuse – domestic violence, rape, forced marriage, child brides, honor killings, immolation.
The lack of human rights for women is particularly a problem in Afghanistan. I have already quoted from the report about different forms of abuse regarding women, but the report also has a special section on women which further details problems for women, including sexual assault, honor killings, domestic abuse, etc. Afghan law criminalizes rape, but this does not include spousal rape. According to the report, "Under Shari'a, a rape case requires a woman to produce multiple witnesses to the incident, while the man need simply claim it was consensual sex, often leading to an adultery conviction of the victim. Adultery is defined in the Penal Code and designated a crime; premarital sex is not designated a crime, but local officials often considered it a "moral" offense."
The report further states, "Rapes were difficult to document due to social stigma. Female victims faced stringent societal reprisal from being deemed unfit for marriage to being imprisoned. According to NGOs jail authorities frequently raped women imprisoned overnight in jail."
Some of these incidents are detailed in the report. "On July 28, the NDS arrested Muhammed Naseer Fayez, news anchor and host of the political program "Haqeeqat" (The Truth) broadcast on Ariana Television...He was released after several days of questioning and stated the NDS told him to stop working in the media. Although the program remained on the air, Fayez has not returned to the show and media sources report he was seeking asylum outside the country."
Apparently political satire is not acceptable to the government. "In 2006 authorities for the Office of the Attorney General detained satirist Dr. Khalil Narmgoi after he authored an article titled, "Who is the President-–Hamid Karzai or Farooq Wardak?" criticizing the influence of President Karzai's then-Minister of Parliamentary Affairs. Narmgoi issued a public apology several days later, and authorities released him after 10 days. On June 20, NDS authorities rearrested Narmgoi in relation to the same incident."
Speaking up for women's rights can be dangerous too. In an incident that garnered much international attention, "In October 2007, police arrested Sayed Perwiz Kambakhsh, a student at Balkh University and a journalist for Jahan-e Naw (New World) daily, after he downloaded and distributed information from the Internet regarding the role of women in Islamic societies. On January 22, Balkh primary court sentenced Kambakhsh to death for "insolence to the Holy Prophet." Kambakhsh appealed, and the Supreme Court transferred the case to a Kabul appeals court. On October 21, the appeals court commuted Kambakhsh's death sentence to 20 years in prison. Kambakhsh appealed to the Supreme Court, and he remained incarcerated at year's end."
Islam as the law.
Before and after the invasion of Afghanistan the U.S. government was highly critical of the Taliban's enforcement of their version of Islamic law. But the report indicates that the current Afghan government also restricts freedom of religion and expression. "The constitution proclaims Islam is the 'religion of the state' but allows non-Muslim citizens the freedom to perform their rituals within the limits determined by laws for public decency and peace. This right was not respected in practice. The constitution also declares no law can be contrary to the beliefs and provisions of Islam. For matters on which the constitution and penal code are silent--such as conversion and blasphemy--the courts defer to Shari'a. Family courts are governed by a Sunni Hanafi school-based civil code, regardless of whether the parties involved are Shi'a or Sunni. This civil code also applies to non-Muslims."
The report goes on to state, "In practice non-Muslims faced harassment and social persecution and opted to practice their faith discreetly. According to Islamic law, conversion from Islam is punishable by death...On September 11, a Kabul court sentenced former journalist Ahmed Ghous Zalmai and Mullah Qari Mushtaq to 20 years in prison for publishing a Dari translation of the Koran that allegedly contained errors and did not have an Arabic version published alongside the Dari for comparison. Zalmai and Mushtaq appealed their sentences to the Kabul Public Security Court. Proceedings were ongoing at year's end. Demonstrations calling for Zalmai's punishment were held in various towns, including a gathering in November 2007 in Jalalabad of reportedly more than 1,000 university students who demanded the death penalty for Zalmai."
What are conditions for Christians in Afghanistan? "Due to societal pressure, Christians were forced to remain underground, not openly practicing their religion or revealing their identity...Members of the government called for the execution of Christian converts," according to the report.While there are no laws against proselytizing, the report states "authorities viewed proselytizing as contrary to the beliefs of Islam, and authorities could punish blasphemy and apostasy with death under Shari'a."
Burqas.
And you may remember how the Taliban were criticized for requiring women wear burqas. There is now no law that requires this in Afghanistan, but many "women felt compelled to wear one due to societal or familial pressure. Cases of local authorities policing aspects of women's appearance to conform to a conservative interpretation of Islam did occur," according to the State Department.
Government corruption.
The State Department report indicates that government corruption in Afghanistan remains a problem. The Department reported, "The law provides criminal penalties for official corruption; however, the government did not always implement the law effectively, and officials frequently engaged in corrupt practices with impunity. In March, the UN Office on Drugs and Crime released a statement urging the government to crack down on major smugglers--some linked to government officials-and stated drug lords and corrupt government officials operated with impunity...Observers alleged governors with reported involvement in the drug trade or past records of human rights violations nevertheless received executive appointments and served with relative impunity."
Women still subject to systemic abuse – domestic violence, rape, forced marriage, child brides, honor killings, immolation.
The lack of human rights for women is particularly a problem in Afghanistan. I have already quoted from the report about different forms of abuse regarding women, but the report also has a special section on women which further details problems for women, including sexual assault, honor killings, domestic abuse, etc. Afghan law criminalizes rape, but this does not include spousal rape. According to the report, "Under Shari'a, a rape case requires a woman to produce multiple witnesses to the incident, while the man need simply claim it was consensual sex, often leading to an adultery conviction of the victim. Adultery is defined in the Penal Code and designated a crime; premarital sex is not designated a crime, but local officials often considered it a "moral" offense."
The report further states, "Rapes were difficult to document due to social stigma. Female victims faced stringent societal reprisal from being deemed unfit for marriage to being imprisoned. According to NGOs jail authorities frequently raped women imprisoned overnight in jail."
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