Universal Periodic Review
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Afghanistan
Date of the exam: May-2009
Afghanistan presented itself at the 5th session of the Universal Periodic Review (May 2009). Its delegation was headed by H.E. Dr Mohammad Qasim HASHIMZAI, Deputy Minister of Justice.
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Categories
Compliance with International Human Rights Law
Conventions :
1 98 Protocols :
53 97 98 135 143 Treaty bodies :
89 98 110 111 Other treaties and regional conventions :
23 UN Resolutions :
HRC :
25 GA :
140 International standards :
46 103 Special procedures :
112 113 UPR follow-up :
18 Others :
3 6 7 8 14 17 25 49 64 65 70 74 87 89 90 91 92 93 94 95 96 118 Updating of Standards, Practices and Institutions
Institutions and Governance
Constitution :
3 5 28 Institutions :
for Human Rights :
9 10 11 12 executive :
13 for Human Rights :
13 14 judiciary :
45 47 56 57 58 59 61 Human Rights education :
62 64 executive :
65 Human Rights education :
66 67 judiciary :
68 69 executive :
102 for Human Rights :
104 105 106 judiciary :
114 121 122 124 125 130 Elections :
52 74 133 Legislation :
2 3 4 8 35 39 40 41 46 64 75 Human Rights education :
99 100 101 102 114 126 127 128 129 130 131 132 Corruption :
15 23 107 124 National action plans :
25 33 34 76 79 92 119 120 Others :
1 19 20 21 22 29 31 35 36 37 40 43 46 53 63 75 82 95 97 104 108 109 113 115 121 122 123 Civil and political rights
Economic, social and cultural rights
Other rights
Council recommendations
1
Incorporate international conventions, to which Afghanistan is a party, into domestic legal reform initiatives and translate these into concrete policies and programmes (Norway);

Accepted
2
Undertake a national process to harmonize legislation, including local laws, with international human rights obligations (Mexico);

Accepted
3
Review all its national legislation to ensure its compliance with the Constitution and international obligations, including to protect the right to privacy and non-discrimination (Czech Republic);

Accepted
4
Pay greater attention to the respect for women's rights when adopting legislative measures and abrogate all discriminatory measures against women (Belgium);

Accepted
5
Take promptly any necessary action to comply with any findings of the review of the draft Shia Personal Status Law with the Constitution (Australia);

Accepted
6
Proceed with its review of the Shia Personal Status Law, ensure that it conforms to international commitments and actively works to promote the rights of women (Ireland);

Accepted
7
Continue the revision of the Shia Personal Status Law and harmonize it with the international treaties signed by Afghanistan (Hungary);

Accepted
8
Establish immediately a process to review all draft legislation, before it is adopted, so as to ensure compliance with Afghanistan's international obligations (New Zealand);

Accepted
9
Consider, when possible, to gradually increase financial resources allocated to the budget of the Afghanistan Independent Human Rights Commission (Algeria);

Accepted
10
Strengthen and support the Afghanistan Independent Human Rights Commission so that it discharges its mandate in the most effective manner (Jordan);

Accepted
11
Make better use of the Commission's work as a contribution to improving the rule of law (Finland);

Accepted
12
Create national institutions and improved capacity, which is essential for peace, stability, and democracy and for laying a solid foundation for the protection of human rights in the country (Nepal);

Accepted
13
Establish a human rights unit within the Ministry of Justice (Netherlands);

Accepted
14
Continue its efforts to create the necessary institutional infrastructure that contributes to the overall improvement of the human rights regime in Afghanistan, with all the necessary technical and financial support from the international community (Pakistan);

Accepted
15
Persevere in fighting corruption, in educating its people and especially its children, and in further empowering its womenfolk for greater participation in all sectors (Singapore);

Accepted
16
Continue its efforts to ensure gender equality and in particular, further promote accountability of the Government, and also promote access to education and health care services (Indonesia);

Accepted
17
Take firm action in collaboration with the international community to decisively combat the destructive trend of drug trafficking (Islamic Republic of Iran);

Accepted
18
Take all possible measures to implement the recommendations of the UPR process (Sri Lanka);

Accepted
19
Accelerate its efforts aimed at implementing its plans and programmes in order to better protect and promote human rights and fundamental freedoms (Egypt);

Accepted
20
Continue to resist attempts to enforce any values or standards beyond the universally agreed human rights norms (Egypt);

Accepted
21
Continue with its very constructive and transparent steps and efforts taken to improve the situation of human rights and fundamental freedoms situation in all areas and implement effectively the extremely important recommendations contained in the national report (Palestine);

Accepted
22
Maintain its commitment in trying to meet human rights challenges it is facing and to ensure that the human rights of its citizens are fully protected (Lebanon);

Accepted
23
Continue to fight corruption at all levels and to accede to relevant international and regional instruments in this regard (Jordan);

Accepted
24
Give special regard to women and children and enhance their enjoyment of human rights and fundamental freedoms (Jordan);

Accepted
25
Pursue, within the context of paragraph 1(d) of Human Rights Council resolution 9/12, the achievement of its MDGs in the areas of health and education through national plans of action (Brazil);

Accepted
26
Continue its efforts to promote the rights of women and gender equality (Philippines);

Accepted
27
Undertake concrete steps to guarantee the rights of women as enshrined in international conventions (Slovenia);

Accepted
28
Take further steps to honour its Constitution and protect and promote women's rights as an integral part of universal human rights (Finland);

Accepted
29
Promote a public discussion on women's rights and encourage influential men - whether elders, clerics, politicians or others - to participate in this discussion and raise awareness, especially amongst boys, of the importance of seeing women and girls as equal and respected partners in society (Finland);

Accepted
30
Maintain and develop the positive measures that have been taken, such as for example the setting up of a school system for girls and the training of women police officers and avoid entrenching in the law, discriminatory practices against women (Switzerland);

Accepted
31
Redouble its advocacy efforts to enhance public awareness on gender equality and women's role in social and economic development (Republic of Korea);

Accepted
32
Expedite the implementation of all measures to address the situation of vulnerable groups in particular women and children (South Africa);

Accepted
33
Continue efforts to increase the capacity to implement the national plan for women in Afghanistan (Bahrain);

Accepted
34
Complete implementation of the 10 year National Action Plan for Women, with a particular focus on the most vulnerable (United Kingdom);

Accepted
35
Commit resources to enforce existing legislation to protect women, and equip courts and police to fully protect the rights of all women and enhance their access to justice, any new legislation should protect those rights. (United States);

Accepted
36
Launch public information campaigns and work with religious leaders to raise awareness of the legal rights for women and girls guaranteed in Afghanistan's Constitution, including the legal age for marriage (United States);

Accepted
37
Stimulate those citizens with social influence, such as political leaders, journalists, artists and social elements with high visibility to increase society's awareness of human rights (Spain);

Accepted
38
Persevere in its praiseworthy efforts to promote women's rights, continue to attach high levels of importance to the human rights culture and pursue its dissemination among young generations within the framework of educational programmes (Tunisia);

Accepted
39
Enact legislation and take effective measures to protect and promote women's rights, especially with regard to forced marriages, honour killings and access to education for all girls (Austria);

Accepted
40
Take all steps necessary to combat discrimination and violence against women, both in regards to legislation and awareness-raising to ensure that women are informed of their rights (Sweden);

Accepted
41
Take urgent and radical measures regarding legislation which will allow a real improvement of the situation of women and will guarantee the respect of their human rights, including, in particular, the right to education (Albania);

Accepted
42
Strengthen its efforts to ensure access to education - and to health care - for all its citizens, including those with disabilities, regardless of ethnicity, religion, tribal affiliation or economic status (Australia);

Accepted
43
Take all necessary measures to prevent further civilian casualties by foreign military forces in Afghanistan (Islamic Republic of Iran);

Accepted
44
Take every possible measure to ensure the protection of the civilian population, in particular vulnerable groups, such as children, women and IDP's (Switzerland);

Accepted
45
Increase its efforts for the protection of civilians and to ensure that all allegations of civilian casualties resulting from military operations on its territory are properly investigated and the perpetrators held accountable (Austria);

Accepted
46
Continue to exercise its sovereign right of implementing its laws and legislation, including on the death penalty, in conformity with the universally agreed human rights standards and norms (Egypt);

Accepted
47
Take further steps to eliminate torture and other cruel, inhuman or degrading treatment or punishment and to ensure an effective and impartial judicial system (Denmark);

Accepted
48
Elaborate a road map to improve prison conditions and to prevent mistreatment of prisoners (Poland);

Accepted
49
Undertake appropriate measures to further improve the condition of detainees in prisons as stipulated in the United Nations standard minimum rules for the treatment of prisoners (Malaysia);

Accepted
50
Take the necessary steps to prevent the assassination or intimidation of female teachers and students (Hungary);

Accepted
51
Continue its measures to address all forms of violence against women and girls (Brazil);

Accepted
52
Eradicate violence against women and ensure a greater political representation and participation, in particular in legislative elections to take place in 2010 (Spain);

Accepted
53
Take immediate measures in order to comply fully with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Slovenia);

Accepted
54
Take effective action against child labour, and against smuggling or abduction, exploitation or sexual abuse of children (Hungary);

Accepted
55
Address the issue of the use of child labour in the country, while supporting and facilitating children's access to education, in particular in rural areas (Slovakia);

Accepted
56
Investigate fully and effectively harassment and attacks on journalists and bring those responsible to justice (Norway);

Accepted
57
Investigate all allegations with respect to torture and inhuman and degrading treatment by Afghan National Police and the National Directorate of Security (Germany);

Accepted
58
Investigate all cases of arbitrary and illegal detentions with all due diligence (Poland);

Accepted
59
Investigate thoroughly all acts of violence against women and defenders of women's rights and bring those responsible to justice (Austria);

Accepted
60
Intensify the fight against impunity (Germany);

Accepted
61
Continue to work towards comprehensive rule of law reform including strengthening the police, corrections, and justice sectors, and building the institutional capacity of the Ministries of the Interior and Justice (Canada);

Accepted
62
Establish a mechanism in order to systematically monitor human rights in the administration of justice and to organise human rights training courses for public officials (Austria);

Accepted
63
Consider increased State monitoring of international private security companies, including regulation of their activities (Brazil);

Accepted
64
Ensure that State institutions and the judiciary uphold human rights and that new legislation does not contravene international human rights law (United Kingdom);

Accepted
65
Ensure that the law enforcement agencies fully observe the legal mechanism and comply with human rights principles, such as the right of the accused and suspects, in the course of carrying out their duties (Malaysia);

Accepted
66
Ensure human rights and international humanitarian law education for all security forces and prison and judicial personnel and adopt further measures to ensure their full accountability for any violations of these (Czech Republic);

Accepted
67
Provide and improve training programmes on human rights for the judiciary, law enforcement personnel and lawyers (Jordan);

Accepted
68
Continue to take concrete measures towards substantial improvement in the field of criminal justice, especially education on human rights law as well as enhancement of ability for criminal investigation (Japan);

Accepted
69
Strengthen the judiciary and make it independent by training judges in order to guarantee effective implementation of the law (Spain);

Accepted
70
Take further efforts to ensure that the status of freedom of expression is brought into line with international obligations (Sweden);

Accepted
71
Establish adequate measures to ensure the real guarantee of freedom of expression recognized by article 34 of the Afghan Constitution (Spain);

Accepted
72
Take all possible measures to ensure the necessary conditions so that the written press and the electronic media can function properly without any interference (Hungary);

Accepted
73
Guarantee free access to the media (Hungary);

Accepted
74
Continue its cooperation with the international community and reinforce the role of human rights defenders so that civil society, in particular women, can participate actively in the electoral campaign and in the vote (Switzerland);

Accepted
75
Make efforts to provide the resources, funding, personnel and authority necessary to implement the 2007 labour law that permits workers to join and form trade unions (United States);

Accepted
76
Give priority to achieving the objectives set by its national development strategy and in particular its commitment to ensure that women take, at minimum, 35 per cent of places in professional training programmes and 20 per cent of vacant posts (Algeria);

Accepted
77
Take concrete measures for the realization of economic, social and cultural rights including the rights to development for the better realization of the MDGs (Islamic Republic of Iran);

Accepted
78
Take concrete measures to promote and protect the rights of women and children, in particular to facilitate their access to education and health as basic prerequisites for growth and development (Islamic Republic of Iran);

Accepted
79
Strengthen the capacity of the Government of Afghanistan to implement its national development strategy, particularly to achieve human rights benchmarks (Bangladesh);

Accepted
80
Continue its efforts to put in place effective poverty reduction and health strategies, particularly to solve the problem of low life expectancy and high mortality rate (Azerbaijan);

Accepted
81
Develop a long-term strategy to address food insecurity, including programmes to rehabilitate and strengthen rural infrastructure and to provide food assistance to vulnerable populations (Slovakia);

Accepted
82
Include women in decision-making about maternal health, including in decisions on the design of local health care mechanisms, in a bid to strengthen its efforts to reduce maternal mortality (New Zealand);

Accepted
83
Consider adopting human rights education in its national education curriculum (India);

Accepted
84
Continue the progress achieved and continue expanding the realization of the right to education for all sectors of society and the dissemination of the human rights culture through educational curricula (Saudi Arabia);

Accepted
85
Take further measures for both the quantitative and qualitative improvement of education (Hungary);

Accepted
86
Step up its efforts to guarantee the right to education to all children and take effective measures to substantially increase the rate of attendance, particularly of the female population, in schools (Greece);

Accepted
87
Explore, along with the international community, every possible way to provide IDPs and returnees with immediate assistance (Republic of Korea);

Accepted
88
Strengthen its efforts to promote self-reliance of the returned refugees and IDPs (Azerbaijan);

Accepted
89
Seek technical assistance to ensure the necessary competences and skills to enable its officials to draft upcoming reports, including to the treaty bodies (Algeria);

Accepted
90
Seek and receive assistance from the international community, in particular the relevant United Nations funds and programmes, to help it achieve MDG 1 (Algeria);

Accepted
91
Continue to actively cooperate with relevant countries, international agencies and stakeholders in implementing human rights capacity-building and technical assistance programmes (Philippines);

Accepted
92
Continue its reconstruction efforts in cooperation with the international community, in accordance with national priorities reflected in the Afghanistan National Development Strategy (Bhutan);

Accepted
93
Call upon the international community to assist in capacity-building for the further strengthening of democracy and the promotion and protection of human rights in Afghanistan (Indonesia);

Accepted
94
Strengthen and implement, with the support of the international community, the commitments it has made in paragraph 90 of its national report (Morocco);

Accepted
95
Identify specific challenges confronting the country, prioritize them in line with the needs and aspirations of its citizens and then seek support from the international community to face these challenges in a systematic and verifiable manner (Bangladesh);

Accepted
96
Continue its positive engagement with OHCHR and other United Nations agencies to fully realize the targets that it has set for itself, especially on children and women's rights (Maldives)

Accepted
97
Sign (France) and ratify the Optional Protocol to the Convention against Torture (France, Argentina, Czech Republic) and establish its national preventive mechanism accordingly (Czech Republic);
Inter-Ministerial consultation on signing the Optional Protocol to the CAT is planned to start soon.
Inter-Ministerial consultation on signing the Optional Protocol to the CAT is planned to start soon.

No clear position
98
Ratify the Optional Protocol to the International Covenant on Civil and Political Rights; the Optional Protocol to the Convention on the Elimination of Discrimination against Women, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention on the Rights of Persons with Disabilities and the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee on Enforced Disappearances (Argentina); sign and ratify all the Optional Protocols to United Nations international covenants and conventions to guarantee the effective implementation of the rights protected in the agreements (Spain);
The Convention on the Rights of Persons with Disabilities has already gone through interministerial procedure and is currently under review in the Parliament. Given the growing reporting and implementing capacity on international human rights treaties in the Afghan Government, inter-ministerial consultations will soon start to study the possibility of accession to other optional protocols and conventions mentioned in this recommendation.
The Convention on the Rights of Persons with Disabilities has already gone through interministerial procedure and is currently under review in the Parliament. Given the growing reporting and implementing capacity on international human rights treaties in the Afghan Government, inter-ministerial consultations will soon start to study the possibility of accession to other optional protocols and conventions mentioned in this recommendation.

No clear position
99
Amend the Shia Personal Status Law consistent with its international human rights obligations to ensure equal respect for the human rights of all Afghans, including women (Canada);
The Shia Personal Status Law has been reviewed in the light of the Afghan Constitution and in the view of the international community's concern and has been adjusted in accordance with Afghanistan's obligations towards international human rights conventions. However, if it is found during the implementation that there are some inconsistencies with our national and international commitments, we can use the tool of amendment.
The Shia Personal Status Law has been reviewed in the light of the Afghan Constitution and in the view of the international community's concern and has been adjusted in accordance with Afghanistan's obligations towards international human rights conventions. However, if it is found during the implementation that there are some inconsistencies with our national and international commitments, we can use the tool of amendment.

No clear position
100
Review and amend the various penal laws that prevent journalists from carrying out their essential mission in full security and independence (Belgium);
There is no provision in the penal laws to prevent journalists from doing their mission in full security and independence except in cases where their performances cause public agitation and disorder in the country.
There is no provision in the penal laws to prevent journalists from doing their mission in full security and independence except in cases where their performances cause public agitation and disorder in the country.

No clear position
101
Amend any articles of the Personal Status Law that breach Afghanistan's international obligations or its Constitutional protection of the equal rights of men and women (New Zealand);
The Shia Personal Status Law has been reviewed in the light of the Afghan Constitution and in the view of the international community's concern and has been adjusted in accordance with the Afghanistan's obligations towards international human rights conventions. However, if it is found during the implementation that there are some inconsistencies with our national and international commitments, we can use the tool of amendment.
The Shia Personal Status Law has been reviewed in the light of the Afghan Constitution and in the view of the international community's concern and has been adjusted in accordance with the Afghanistan's obligations towards international human rights conventions. However, if it is found during the implementation that there are some inconsistencies with our national and international commitments, we can use the tool of amendment.

No clear position
102
Involve the Ministry for Women's Rights and women's rights organizations in the legislative process (Netherlands);
Acceptable The Ministry of Women's Affairs (MoWA) and women's rights organizations are already involved in the legislative process. One such example is the involvement of MoWA in the adopting process of the Law on Elimination of Violence against Women.
Acceptable The Ministry of Women's Affairs (MoWA) and women's rights organizations are already involved in the legislative process. One such example is the involvement of MoWA in the adopting process of the Law on Elimination of Violence against Women.

Accepted
103
Take timely and efficient measures to ensure that the national legal framework properly incorporates international standards and conventions, ratified by Afghanistan, pertaining to women's rights, for example CEDAW (Denmark);
Acceptable The Government, in the light of Afghanistan's obligations under CEDAW, has already taken measures to this end including the adoption of "the Law on Elimination of Violence against Women".
Acceptable The Government, in the light of Afghanistan's obligations under CEDAW, has already taken measures to this end including the adoption of "the Law on Elimination of Violence against Women".

Accepted
104
Take steps to ensure an equitable and truly representative appointment of members of the Afghanistan Independent Human Rights Commission and to protect the Commission from undue political interference (Finland);
Acceptable As per the current Internal Law of the Afghanistan Independent Human Rights Commission, the appointment of nine members of the Commission, before being approved by the President, requires a review by the President's Special Advisory Board on the appointment of high-ranking officials to ensure that the appointments are representative. The Constitution and the charter of the Commission protect it from undue political interference.
Acceptable As per the current Internal Law of the Afghanistan Independent Human Rights Commission, the appointment of nine members of the Commission, before being approved by the President, requires a review by the President's Special Advisory Board on the appointment of high-ranking officials to ensure that the appointments are representative. The Constitution and the charter of the Commission protect it from undue political interference.

Accepted
105
Give more visibility to the Afghanistan Independent Human Rights Commission and increase its human and technical resources to carry out its work effectively (Spain);
The Afghanistan Independent Human Rights Commission already plays a considerable role in the country and the government of Afghanistan is considering the inclusion of the Commission's budget into the government's budget.
The Afghanistan Independent Human Rights Commission already plays a considerable role in the country and the government of Afghanistan is considering the inclusion of the Commission's budget into the government's budget.

No clear position
106
Strengthen its support to the Afghanistan Independent Human Rights Commission and the newly established Human Rights Unit within the Ministry of Justice, especially in the field of mapping past human rights abuses (Czech Republic);
Acceptable. The government has already taken measures to this end.
Acceptable. The government has already taken measures to this end.

Accepted
107
Redouble its efforts aimed at an impartial and effective operation of the State bodies at the national and local levels, including at addressing corruption (Switzerland);
Acceptable Fighting corruption is one of the main priorities of the Government of Afghanistan. Efforts are underway to strengthen the operation of the state bodies to address corruption effectively. The Independent Administrative Reform and Civil Service Commission has taken various measures in this regard. Besides, Afghanistan has ratified the United Nations Convention against Corruption and has accordingly set up the High Office for Oversight of the Implementation of the Anti-Corruption Strategy.
Acceptable Fighting corruption is one of the main priorities of the Government of Afghanistan. Efforts are underway to strengthen the operation of the state bodies to address corruption effectively. The Independent Administrative Reform and Civil Service Commission has taken various measures in this regard. Besides, Afghanistan has ratified the United Nations Convention against Corruption and has accordingly set up the High Office for Oversight of the Implementation of the Anti-Corruption Strategy.

Accepted
108
Foster a genuine culture of human rights in line with national and regional particularities as well as cultural, historical and religious backgrounds (Islamic Republic of Iran);
The Constitution of Afghanistan already embodies the spirit of this recommendation.
The Constitution of Afghanistan already embodies the spirit of this recommendation.

No clear position
109
Include civil society and human rights defenders in the development of legislation and decision-making processes, through an institutionalized consultation process (Norway);
Acceptable The Government has facilitated the inclusion of civil society and human rights defenders in legislative and decision-making processes. Civil society institutions active in the area of human rights have played an important role in incorporating human rights concepts in the process of adopting and amending laws in the country in the last eight years.
Acceptable The Government has facilitated the inclusion of civil society and human rights defenders in legislative and decision-making processes. Civil society institutions active in the area of human rights have played an important role in incorporating human rights concepts in the process of adopting and amending laws in the country in the last eight years.

Accepted
110
Submit its first periodic report without further delay and ensure full implementation of CEDAW and other international human rights conventions to which Afghanistan is a party (Iceland);
Acceptable Work on Afghanistan's Initial CEDAW Report has already been started in August 1st, 2009 and the report is planned to be completed by end of July 2010.
Acceptable Work on Afghanistan's Initial CEDAW Report has already been started in August 1st, 2009 and the report is planned to be completed by end of July 2010.

Accepted
111
Submit its delayed reports to the Committee against Torture (Czech Republic);
Acceptable Given the growing reporting capacity on international human rights treaties within the Government, the preparation and submission of Afghanistan's delayed reports to the Committee against Torture is being considered by the Government
Acceptable Given the growing reporting capacity on international human rights treaties within the Government, the preparation and submission of Afghanistan's delayed reports to the Committee against Torture is being considered by the Government

Accepted
112
Consider extending a standing invitation to all special procedures of the Human Rights Council (Latvia);
The Government of Afghanistan has already been cooperative with the Special-Procedures mandateholders and based on mutual agreements will continue its cooperation in the future as well.
The Government of Afghanistan has already been cooperative with the Special-Procedures mandateholders and based on mutual agreements will continue its cooperation in the future as well.

No clear position
113
Establish an agile and efficient mechanism to respond to the requests for information formulated by special procedures in their communications (allegations and urgent appeals) and assign the means necessary to grant protection to the people and groups referred to in those communications (Argentina);
The Government has already taken measures on the implementation of this recommendation and will continue its efforts to this end.
The Government has already taken measures on the implementation of this recommendation and will continue its efforts to this end.

No clear position
114
Intensify its efforts for the promotion of gender equality consistent with the obligations of Afghanistan under CEDAW, including through the review and elimination of laws, customs and practices that lead to discrimination against women and girls, making available effective legal remedies for the victims of discrimination and violence, and actively promoting the participation of women and girls in different fields such as education, labour and political life (Mexico);
Acceptable Equal rights for men and women is enshrined in the Constitution and Afghanistan is committed to its obligations under CEDAW and has undertaken various activities and initiatives on CEDAW implementation in the county and will further foster activities in this regard. The Government has facilitated extensive and active participation of women in education, social, economic and cultural areas of life.
Acceptable Equal rights for men and women is enshrined in the Constitution and Afghanistan is committed to its obligations under CEDAW and has undertaken various activities and initiatives on CEDAW implementation in the county and will further foster activities in this regard. The Government has facilitated extensive and active participation of women in education, social, economic and cultural areas of life.

Accepted
115
Take further steps to protect the human rights of those who live in rural areas where respect for basic human rights, especially with regard to women and children, remains impeded under customary law (Japan);
Acceptable There are a number of programs under Ministry of Justice including the "Justice in District Level" which help protect the basic human rights of women and children in rural areas. Besides, efforts are underway to establish relations between the formal judicial system and the informal one in order to bring the performances of the local jirgas in conformity with the laws of the country.
Acceptable There are a number of programs under Ministry of Justice including the "Justice in District Level" which help protect the basic human rights of women and children in rural areas. Besides, efforts are underway to establish relations between the formal judicial system and the informal one in order to bring the performances of the local jirgas in conformity with the laws of the country.

Accepted
116
Ensure closure of secret and illegal jails and review conditions in all prison and detention facilities with the aim of ensuring their compliance with the Minimum Standard of Treatment of Prisoners and provide effective procedural safeguards against arbitrary detention (Czech Republic);
Acceptable Afghanistan is committed to the implementation of the Minimum Standards of Treatment of Prisoners to which Afghanistan is a party. Ministries of Interior and Justice of Afghanistan are charged with the closure of secret and illegal jails and review of conditions in all prisons and detention facilities and are making efforts in this regard
Acceptable Afghanistan is committed to the implementation of the Minimum Standards of Treatment of Prisoners to which Afghanistan is a party. Ministries of Interior and Justice of Afghanistan are charged with the closure of secret and illegal jails and review of conditions in all prisons and detention facilities and are making efforts in this regard

Accepted
117
Take all possible measures to prevent the recruitment of children and the use of child combatants by the Taliban (Hungary);
As far as the Government is concerned, the law and regulations on military service prevents the recruitment of people under 18. The Government especially through Ministry of Labor, Social Affairs, Martyrs and Disabled has taken serious supervising and protecting measures in this regard including the establishment of the Child Protection Action Network which is an inclusive network of governmental and nongovernmental organizations and its overall goal is to prevent and respond to exploitation, abuse, and violence against children and ensure the protection of all children in Afghanistan. The Government of Afghanistan denounces the recruitment and use of children in conflicts
As far as the Government is concerned, the law and regulations on military service prevents the recruitment of people under 18. The Government especially through Ministry of Labor, Social Affairs, Martyrs and Disabled has taken serious supervising and protecting measures in this regard including the establishment of the Child Protection Action Network which is an inclusive network of governmental and nongovernmental organizations and its overall goal is to prevent and respond to exploitation, abuse, and violence against children and ensure the protection of all children in Afghanistan. The Government of Afghanistan denounces the recruitment and use of children in conflicts

No clear position
118
Step up efforts including working closely with ICRC and other relevant parties, to stop the recruitment and use of children by all parties involved in conflicts in the country (Malaysia);
Acceptable The Government has taken serious efforts to stop the recruitment and use of children by all parties involved in conflicts in the country and has worked with different international organizations including ICRC to this end. The ICRC has indicated that they will take measures to encourage the opposition armed groups to refrain from recruitment and use of children in conflicts.
Acceptable The Government has taken serious efforts to stop the recruitment and use of children by all parties involved in conflicts in the country and has worked with different international organizations including ICRC to this end. The ICRC has indicated that they will take measures to encourage the opposition armed groups to refrain from recruitment and use of children in conflicts.

Accepted
119
Start implementing the plan of action for peace, justice and reconciliation (Norway);
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.

No clear position
120
Redouble its efforts to fully implement, as soon as possible, the plan of action for peace, justice and reconciliation, adopted in 2005 (Mexico);
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.

No clear position
121
Continue the process of transitional justice (Netherlands);
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.

No clear position
122
Strengthen and consolidate the implementation of the transitional justice programme it has adopted (Morocco);
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.
The Government adopted the Plan of Action for Peace, Justice and Reconciliation in 2005 and has principally been committed to its implementation and has so far, conducted efforts to this end, however, due to instability, insecurity and lack of required institutional capacity in the country, the Government considers the full implementation of the Action Plan as a long-term process.

No clear position
123
Mainstream human rights and transitional justice issues into any future national reconciliation negotiations (Czech Republic);
The basic principles of human rights and justice are enshrined in the Constitution. Therefore, the Afghan government has announced the acceptance of the Constitution as the main pre-condition for any negotiations or reconciliation programs with the opposition-armed groups.
The basic principles of human rights and justice are enshrined in the Constitution. Therefore, the Afghan government has announced the acceptance of the Constitution as the main pre-condition for any negotiations or reconciliation programs with the opposition-armed groups.

No clear position
124
Establish mechanisms for the independent appointment and dismissal of judges and for the punishment of corruption among judges, and expand efforts to protect judges from insurgent attacks and to increase salaries for judges, prosecutors and members of the Ministry of Justice (United States);
Acceptable The Supreme Court and the Ministry of Justice have already taken measures to this end.
Acceptable The Supreme Court and the Ministry of Justice have already taken measures to this end.

Accepted
125
Pursue with resolve the implementation of different measures aimed at reforming and strengthening the existing judicial system (Turkey);
Acceptable Justice Sector strategies and programs are under implementation for the purpose of reforming the judicial system in the country.
Acceptable Justice Sector strategies and programs are under implementation for the purpose of reforming the judicial system in the country.

Accepted
126
Enact, with immediate effect, the new Media Law passed by the Lower House of Parliament (Norway);
Acceptable The new Media Law of Afghanistan is already enacted and was published on July 06, 2009.
Acceptable The new Media Law of Afghanistan is already enacted and was published on July 06, 2009.

Accepted
127
Move swiftly to pass its new Media Law (Canada);
Acceptable The new Media Law of Afghanistan is already enacted and was published on July 06, 2009.
Acceptable The new Media Law of Afghanistan is already enacted and was published on July 06, 2009.

Accepted
128
Enact, with immediate effect, the new Media Law which could help to promote and protect freedom of expression (United Kingdom);
Acceptable The new Media Law of Afghanistan is already enacted and was published on July 06, 2009.
Acceptable The new Media Law of Afghanistan is already enacted and was published on July 06, 2009.

Accepted
129
Take the necessary measures to protect journalists against intimidation, violence, censorship and abusive convictions, and have published and applied the new media law adopted by the Parliament (France);
Acceptable The new Media Law of Afghanistan is already passed enacted and published which protects journalists against intimidation, violence, censorship and abusive convictions.
Acceptable The new Media Law of Afghanistan is already passed enacted and published which protects journalists against intimidation, violence, censorship and abusive convictions.

Accepted
130
Enact a media law, in accordance with its international human rights obligations, and continue to professionalize its judiciary, pursue justice in cases of murdered journalists and ensure that the security forces and criminal courts do not punish journalists for controversial reporting; where such punishment has occurred, it is hoped that President Karzai will exercise his right to issue pardon (United States);
Our response to this recommendation includes the following points: - The new Media Law of Afghanistan is already enacted; - Plans are underway to further professionalize the judiciary; - The Government has seriously pursued justice in cases of murdered journalists; - The new Media Law and other laws of the country ensure the right of journalists for reporting to the extent that their performances do not cause public agitation and disorder in the country. President Karzai has been extensively using his constitutional right to issue pardon in various cases including cases related to journalists.
Our response to this recommendation includes the following points: - The new Media Law of Afghanistan is already enacted; - Plans are underway to further professionalize the judiciary; - The Government has seriously pursued justice in cases of murdered journalists; - The new Media Law and other laws of the country ensure the right of journalists for reporting to the extent that their performances do not cause public agitation and disorder in the country. President Karzai has been extensively using his constitutional right to issue pardon in various cases including cases related to journalists.

No clear position
131
Strengthen safeguards for the exercise of freedom of expression and adopt legislation to protect media diversity (Netherlands);

Accepted
132
Take extensive and timely steps to ensure the independence of the media free from intimidation and suppression, including through proper implementation of the media law passed in the fall of 2008 (Denmark);
Acceptable Measures are underway to ensure the proper implementation of the new Media Law which ensures the independence of the media free from intimidation and suppression.
Acceptable Measures are underway to ensure the proper implementation of the new Media Law which ensures the independence of the media free from intimidation and suppression.

Accepted
133
Prepare as a matter of priority a transparent and well-administered system of rules for verifying candidates' eligibility, in close connection with the assessment of the disarmament process and the strengthening of the capacity of the Electoral Complaints Committee (Czech Republic).
Acceptable The government has already taken measures and will continue its efforts in this regard.
Acceptable The government has already taken measures and will continue its efforts in this regard.

Accepted
134
Reinstate a moratorium on the use of the death penalty (Canada);

Refused
135
Ratify the ICCPR-OP2, aiming at the abolition of the death penalty (Argentina);

Refused
136
Establish a moratorium on the use of the death penalty in order to avoid irreparable errors (Argentina);

Refused
137
Re-establish the moratorium on executions and consider the abolition of the death penalty, as requested by the European Union (France);

Refused
138
Introduce a moratorium on the use of the death penalty, with a view to its abolition (New Zealand);

Refused
139
Recalling General Assembly Resolution 62/149, reinstate its moratorium on the death penalty with a view to its abolition (Brazil);

Refused
140
Re-introduce the moratorium which was broken in 2007, and take measures to adhere to the resolutions of the General Assembly in this regard (Sweden);

Refused
141
Commute all existing death sentences and re-introduce a moratorium on executions with a view to the abolition of the death penalty (United Kingdom of Great Britain and Northern Ireland);

Refused
142
Impose a moratorium on the use of the death penalty as a step towards its full abolition (Ireland);

Refused
143
The Afghan Government sign and ratify the Second Optional Protocol to the ICCPR, abolish the death penalty and commute the sentences of those facing execution (Australia).

Refused
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saurabh
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