Human Rights Law Assignment 1: Analysis of Afghanan Violations

This report presents a legal analysis of human rights violations in Afghanistan following a political coup. It examines the violations through the lens of the Afghan constitution, international human rights law, and relevant conventions such as the UDHR, ICCPR, and CEDAW. The report identifies violations of first, second, and third-generation human rights, focusing on discrimination, restrictions on freedoms, and acts of violence. It explores the legal options available to victims, including remedies such as compensation, rehabilitation, and access to justice, as well as the responsibilities of the state and perpetrators under international law. The report highlights the role of the APF party in violating human rights and the implications of these violations. The conclusion recommends specific remedies and actions to address the violations and uphold human rights standards.

Human Rights Law
Assignment: 1
Due Date: 27th of September 2021
Dale Onions
201802354

Contents Page:
1. Introduction……………………………………………………………………….Page: 1
2. Legal Opinion……………………………………………………………………..Page: 1
3. Conclusion…………………………………………………………………….…..Page: 4
4. Bibliography………………………………………………………………………Page: 5

1. Introduction/Facts:
Afghanistan is a country on the African continent's eastern coast. In 1995, it declared
independence. Afghans approved a national constitution as the country's highest legislation,
which is patterned on the 1996 South African Constitution1 (Constitution). Then, in August
2021, Chaa, the dethroned APF administration's leader, and his violent supporters assaulted the
President's mansion in Jananas, Afghanistan's capital, using any means at their disposal to depose
the POC government. The storming was widely denounced as unconstitutional and in violation
of international, regional, and municipal norms and laws by the local and international
communities. Chaa and the APF are staunch supporters of the Zepharia military code, which
discriminates against women and children on the one hand, and specific racial groups in the
society on the other. Chaa then declared on national television that he and his APF militant
branch had taken control of Afghanan and were dedicated to restoring peace and order as well as
forming a Government of National Unity (GNU).
Was there a violation of human rights in Afghanan and if so, what are the repercussions?
2. Legal Opinion:
Human rights are rights that all people have, regardless of their race, gender, nationality,
ethnicity, language, religion, or other status. The right to life and liberty, freedom from slavery
and torture, freedom of expression, and equality are only a few examples of human rights2. The
Bill of Rights is found in Chapter 2 of the Constitution3. The Bill of Rights is the cornerstone of
democracy in South Africa, according to Section 7 of the Constitution4. It affirms the democratic
values of human dignity, equality, and freedom, as well as the rights of all people in our country.
The state must uphold, preserve, promote, and implement the rights.
Whose rights were infringed, and who was the perpetrator? What legal options do the victims
have?
1 The Constitution of the Republic of South Africa, 1996
2 NHRI “What are Human Rights” https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights
(Assessed 2021/09/18)
3 The Constitution of the Republic of South Africa, 1996
4 The Constitution of the Republic of South Africa, 1996
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Considering the situation, the APF party is taking a tough stance to win political power in
Afghaanan. The APF is doing this by discriminating against women and children, which is
against Section 9 of the Constitution, which declares that everyone is equal before the law and
has the right to equal protection and benefit of the law5. As well as leading in unnecessary
bloodshed through torture, restrictions on when individuals are allowed to leave their homes, and
executions without a trial. This behavior is not one that should be condoned as it is in direct
violation of the citizen right to life under section 11 of the constitution6, right to freedom under
section 12 of the Constitution7 as well as the right to freedom of expression held in section 16 of
the Constitution8.
According to the following, the APF has infringed human rights of the first, second, and third
generations. First-generation human rights include civil and political liberties, including freedom
of expression, conscience and beliefs, association, and assembly, as well as political engagement
in one's society. Torture, enslavement, harsh treatment, arbitrary arrests, and equality before the
law are all prohibited. These, for the most part, safeguard individuals from state abuse. Freedom
of expression was violated by banning foreign media activities; freedom of movement was
violated by preventing citizens and other residents from freely moving outside their residence
and country; and equality was violated by discriminating against children, women, and certain
racial groups, as well as torture and public execution without a trial. Second-generation human
rights are socioeconomic rights that oblige governments to provide or create conditions for the
fulfillment of certain necessities to improve human dignity. These need the government to offer
socio-economic essentials including shelter, health, clean water, education, and social
infrastructure on a voluntary basis. The focus of third-generation human rights is on collective
developmental rights, also known as solidarity rights of persons and groups in some literature.
Self-determination, environmental regulations, humanitarian aid, the right to peace, and the
rights of linguistic and cultural minorities are among them. This category also emphasizes
sustainable development and rights of future generations. The AFP were in violation of third
generation rights as they ruled by force and did not promote peace.
5 The Constitution of the Republic of South Africa, 1996
6 The Constitution of the Republic of South Africa, 1996
7 The Constitution of the Republic of South Africa, 1996
8 The Constitution of the Republic of South Africa, 1996
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The Universal Declaration of Human Rights9, Article I (UDHR) Human beings are born with the
same dignity and rights as other animals. They are gifted with reason and conscience and should
act in a brotherly manner toward one another. According to Article 1 of the United Nations
Charter10, the organization's mission is to "promote cordial relations among nations based on
respect for the principle of equal rights and peoples' self-determination, and to take other relevant
measures to strengthen world peace." The European Convention on Human Rights states no one
shall be subjected to torture or to inhuman or degrading treatment or punishment. This is also
mentioned in the International Covenant on Civil and Political Rights11 (ICCPR) Article 7 which
states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. According to Article 3 of the UDHR12, everyone has the right to life, liberty, and
personal security. Every human being has an inherent right to life, according to Article 6 of the
ICCPR13. This right will be safeguarded by the law. No one's life shall be taken from him
indiscriminately. Article 2 of The Convention on the Elimination of All Forms of Discrimination
Against Women14 states the contracting States' obligations. It condemns all forms of
discrimination against women and requires States Parties to "commit to pursue, by all necessary
means and without delay, a policy of eliminating discrimination against women" by enacting
appropriate legislation and other measures, including sanctions.
Unless it is contradictory with the Constitution or legislation, customary international law is the
law in South Africa, according to Section 232 of the Constitution15. Section 23316 states that
judges must “prefer any reasonable interpretation of the legislation that is consistent with
international law over any alternative interpretation that is inconsistent with international law”
when interpreting legislation. Even though international law more weight, the court will evaluate
whether the applicable international law is binding on Afghans. Furthermore, where foreign law
directly contradicts the Bill of Rights, the courts will not uphold it in the United States.
9 The Universal Declaration of Human Rights, 1948
10 “United Nations Charter, Chapter I: Purposes and Principles”
https://www.un.org/en/about-us/un-charter/chapter-1
11 The European Convention on Human Rights, 1950
12 The Universal Declaration of Human Rights, 1948
13 The International Covenant on Civil and Political Rights, 1966
14 The Convention on the Elimination of All Forms of Discrimination Against Women, 1979
15 The Constitution of the Republic of South Africa, 1996
16 The Constitution of the Republic of South Africa, 1996
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In Government of the Republic of South Africa v Grootboom [2000] ZACC 19, 2001 (1) SA 46
(CC), 2000 (11) BCLR 1169 (CC)17, Justice Yacoob of the Constitutional Court said: “The
relevant international law can be a guide to interpretation but the weight to be attached to any
particular principle or rule of international law will vary. However, where the relevant principle
of international law binds South Africa, it may be directly applicable.”
3. Conclusion/Recommendations:
The victim has the right to the following remedies under international law for gross violations of
international human rights law highlighted by both the Constitutions as well as international law
Instruments: Access to justice that is both equal and effective; Appropriate, effective, and prompt
redress for the injury caused; Access to relevant information about violations and options for
redress.18The severity of the infractions and the harm incurred should be proportionately
compensated. A State must compensate victims for acts or omissions that may be traced to it and
constitute grave violations of international human rights law or significant violations of
international humanitarian law, in conformity with its domestic laws and international legal
duties. When a person, a legal person, or another body is found accountable for reparation to a
victim, that party must either recompense the victim or provide reparation to the State if the State
has already done so.19
The victims should look to achieve the following remedies because of the gross violation of
human rights. Compensation should be provided for any economically assessable damage
resulting from gross violations of international human rights law and serious violations of
international humanitarian law, as appropriate and proportional to the gravity of the violation and
the circumstances of each case, such as: Physical or mental harm; Lost opportunities, including
social benefits; Material damages and loss of income. Medical and psychological care, as well as
legal and social services, should all be included in rehabilitation. Satisfaction should include,
where effective measures aimed at the cessation of continuing violations.20
4. Bibliography:
17 Government of the Republic of South Africa v Grootboom [2000] ZACC 19, 2001 (1) SA 46 (CC), 2000 (11) BCLR
1169 (CC)
18 ICJ The Right to a Remedy and Reparation for Gross Human Rights Violations (2018) 307
19 ICJ The Right to a Remedy and Reparation for Gross Human Rights Violations (2018) 308
20 ICJ The Right to a Remedy and Reparation for Gross Human Rights Violations (2018) 309
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-Primary Sources:
The European Convention on Human Rights, 1950
The Universal Declaration of Human Rights, 1948
The International Covenant on Civil and Political Rights, 1966
The Convention on the Elimination of All Forms of Discrimination Against Women, 1979
United Nations Charter, Chapter I: Purposes and Principles” https://www.un.org/en/about-us/un-
charter/chapter-1
-Books:
ICJ The Right to a Remedy and Reparation for Gross Human Rights Violations (2018)
-Legislation:
The Constitution of the Republic of South Africa, 1996
-Case Law:
Government of the Republic of South Africa v Grootboom (CCT11/00) [2000] ZACC 19; 2001 (1) SA 46;
2000 (11) BCLR 1169 (4 October 2000)
-Internet Sources:
NHRI “What are Human Rights” https://www.equalityhumanrights.com/en/human-rights/what-are-
human-rights (Assessed 2021/09/18)
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