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 IHRP Working Group: Gender Apartheid in Afghanistan

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Group Leads: Manreet Brar (3L) and Cassie Heward (2L JD/MPP)

Group Members: Daniella Springer (1L), Veronica Axenova (1L), Rachel Brouwer (1L), Chrisoula Angelis (1L), Romina Hajizadeh (1L), Paul Huang (1L), Agata Spiewakowski (LLM), and Samraggi Hazra (1L)

When and why was this working group instituted? What are the objectives of this working group?

In the words of the United Nations Special Rapporteur on the situation of human rights in Afghanistan, “nowhere else in the world has there been an attack as widespread, systematic and all-encompassing on the rights of women and girls as in Afghanistan.” In August of 2021, the Taliban took de facto control over Afghanistan, establishing its second regime over Afghanistan. Since taking control, the Taliban have imposed a regime that systematically discriminates against women and girls in Afghanistan through measures such as prohibiting women from further education and employment, morality laws,—also known as vice and virtue rules—and strict punishments including public stoning and executions.

The Gender Apartheid in Afghanistan (“GAA”) working group was established in the 2023-2024 academic year. Last year, the group produced a report documenting the Taliban’s human rights abuses against women and girls since its rise to power in 2021. The report identified the Taliban’s specific violations of relevant international law in the areas of employment rights, civil rights, education, and socioeconomic rights. The report also sheds light on Canada’s international human rights commitments towards Afghan women and children in view of Canada’s legal obligations and longstanding peacekeeping role in Afghanistan. The purpose of the report was primarily to inform the discussions between Canada’s Special Representative to Afghanistan, David Sproule, and the Taliban. In March of 2024, a preliminary draft was concluded and presented to David Sproule, who provided in-depth recommendations and feedback. In the summer of 2024, in-house research assistants and Nabila Khan at the IHRP worked on refining the draft report.

This year, the GAA working group aims to produce a second report, a part two to the initial report, on gender apartheid in Afghanistan considering the ongoing International Court of Justice case on the Taliban’s violations of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) brought by Australia, Canada, Germany, and the Netherlands. The working group is compiling research on the different CEDAW articles that the Taliban has violated and want to produce a legal tool with this research that the Canadian government and civil society can reference as the ICJ case moves forward. 

To substantiate the research, the working group will integrate case studies in our report through discussions with Afghan women who have come to Canada and are willing to share their experiences under the Taliban regime. The case studies will be conducted through focus group and one-on-one interview forums with women and girls who are currently in or have fled from Afghanistan, or those organizations and institutions, such as human rights defenders and journalists, who have interacted with these women and girls. We are hoping these case studies can inform our advocacy and overall recommendations we are integrating in the report directed at the Canadian government. 

The GAA working group aims to finalize the final draft of the second part of the report by fall of 2025. 

How does this working group contribute to the IHRP experience?

The GAA working group enhances the International Human Rights Program (IHRP) experience by providing students with hands-on opportunities to address a pressing human rights crisis. Through rigorous research, students document the Taliban’s human rights violations of CEDAW. Students will learn how to build a case against the Taliban based on the ICJ framework and human rights principles protected by CEDAW. 

Moreover, by collaborating with experts like Ghizaal Haress, Afghanistan’s former presidential ombudsperson and a current visiting scholar at U of T Law, students gain insights into the legal and social dimensions of gender apartheid. This project allows students to develop essential skills in legal research, advocacy, and policy writing while contributing to meaningful change, bridging the gap between academic study and international human rights advocacy.

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