Whose Seat Is It Anyway: The UN’s (non)decision on who represents Afghanistan 

While the Islamic Emirate of Afghanistan (IEA) maintains that it deserves full-scale recognition, it has not been given the country’s seat at the United Nations. In early December 2023, the UN General Assembly will again consider whether or not to allow the Islamic Emirate to take Afghanistan’s seat at the world body. The argument plays out in the context of a worldwide discussion about whether and how governments should deal with a regime that critics say denies women and girls almost every individual right, has a dire general human rights record and is narrowly based. AAN’s Thomas Ruttig has been analysing the impasse, noting the intra-Republic rivalry to also represent Afghanistan at the UN, and scrutinising UN procedures and considerations to try to make sense of it all.

A view of delegates inside the General Assembly Hall during the first day of the 78th session of the General Assembly held on 19 September 2023. Photo by UN Photo/Paulo FilgueirasThe Islamic Emirate of Afghanistan’s quest for diplomatic recognition 

Since the Taleban returned to power in August 2021, the United Nations General Assembly (UNGA) has rebuffed the IEA’s attempts to take the country’s seat. However, diplomatic recognition, including by the UN, is perhaps the IEA’s foremost foreign policy goal. It figures prominently in many speeches and statements of its leaders. Most recently, the IEA’s designated UN representative, Muhammad Suhail Shaheen, accused the world organisation of acting “without neutrality in determining the seat of Afghanistan” and using the matter to put “pressure” on the Emirate (see ToloNews here). The IEA argues that it is the legitimate government of Afghanistan based on the claim that it has full territorial control, has ended the war and brought security to all Afghans.

Yet, so far, only China appears to have come closest to recognising the Emirate, if recognition is measured by an acceptance of the other’s ambassadors. [1] This is in contrast to the Taleban’s first time in power, from 1996 to 2001. Back then, Pakistan, Saudi Arabia and the United Arab Emirates maintained diplomatic relations at the ambassador level until they eventually severed ties under US pressure after the 9/11 al-Qaida attacks.

The IEA seems more fully isolated diplomatically this time. A closer look, however, shows a more ambiguous picture. An overview of the IEA’s current diplomatic relations and interactions compiled by Aaron Y Zelin, a fellow at the Washington Institute for Near East Policy, in August 2022, concluded that it is actually “far less isolated today” than during the 1996-2001 period (see here).

When his piece was published, Zelin counted eight countries where Afghanistan’s diplomatic missions were under IEA control. By November 2023, IEA deputy foreign minister Sher Muhammad Abbas Stanakzai said this number had risen to “up to 20” (ToloNews here), including the Afghan embassy in Tehran (see ToloNews here) and the strategically important consulate-general in Istanbul (Pajhwok here).[2] Turkey reportedly also accepted a new IEA-appointed diplomat in October 2023 at the Afghan embassy in Ankara (see Iran International here).

Zelin found 378 publicly announced meetings between representatives of the Taleban and diplomats from 35 other countries, mostly Middle Eastern states (35 per cent), but with China engaging “more often than any other [individual] country.”[3] (See this AAN report by the author on China-Taleban relations.) The volley of diplomatic interactions has continued since Zelin’s August report, without interruption.

Even more importantly, a number of countries still have ambassadors officially posted to Afghanistan. They include China and other neighbouring countries such as Pakistan, Iran and most of the Central Asian republics, along with Russia, Saudi Arabia, Qatar, the United Arab Emirates and Japan. Indonesia, which was involved in mediation between the former government and the Taleban before 2021, reopened its embassy in Kabul in February 2022 and although its diplomats continue to work from Islamabad, it does have a charge d’affaires in Kabul (see Indonesia’s The National Kompas here). In July 2023, a Taleban delegation paid an “unofficial visit” to Jakarta (see VoA here). While some ambassadors seem to be based more or less permanently in Kabul, such as those of China, Iran and Russia,[4] most others appear to be coming and going.[5]

Western countries have not officially closed their embassies in Kabul nor have they officially broken off diplomatic relations. [6] Rather, they do not maintain diplomatic personnel in the country, as was the case for many countries during the Soviet occupation of Afghanistan (1979-1989) when they either withdrew their staff from the country or downgraded relations to the chargé d’affaires level.[7] Some countries still have non-Kabul-based acting ambassadors or more junior diplomats and there is also a (shrinking) number of special representatives for Afghanistan (ranked as ambassadors). Most Western engagement with IEA officials takes place in Qatar’s capital Doha with diplomats below ambassador level representing their countries in meetings. [8]

The United Nations’ political mission (the UN Assistance Mission in Afghanistan, UNAMA) has been operating in Afghanistan without interruption since March 2002 (mandated by UNSC resolution 1401). [9] Most recently, the UN Security Council (UNSC) has started deliberating the findings and recommendations of a recently completed independent assessment on Afghanistan carried out by senior Turkish diplomat Feridun Sinirlioğlu. His mandate from resolution 2679was to “provide forward-looking recommendations for an integrated and coherent approach among relevant political, humanitarian, and development actors.” The assessment, delivered on 28 November, proposed among other things, a conditions-based “roadmap” with the “end state” of “the reintegration of the State of Afghanistan into the international system.” (In April 2023, UN Secretary-General Antonio Guterres appointed senior Turkish diplomat, Feridun Sinirlioğlu, to conduct an independent assessment to “provide forward-looking recommendations for an integrated and coherent approach among relevant political, humanitarian, and development actors, within and outside of the United Nations system, in order to address the current challenges faced by Afghanistan,” as mandated by UNSC resolution 2679 (see Turkey’s Hurriyet Daily News here).[10] Many are reading this goal to mean diplomatic recognition.

While all this activity is of a distinctively higher level than it was during the first emirate, at the UN itself, the firewall that has so far prevented the Emirate from taking Afghanistan’s UN seat is holding. The IEA believes the decision to deny it the seat – or more accurately, the lack of a decision to change the status quo – is keeping it from achieving international recognition, more generally, and is denying it access to, among other things, more extensive development aid and sanctions relief.

This report analyses the UN rules and procedures and aspects of international law that come to bear in the debate about Afghanistan’s UN seat. In this area, UN rules often seem arcane and opaque, so are worth unpicking. They allow ‘non-decisions’ and the absence of debate on the matter of the IEA’s claim to the seat, useful for maintaining the status quo without really having to talk about it publicly. The report will also show that the competition to occupy the seat is not only a two-horse race between the Taleban and the former government, but also a power struggle between the current acting representative, who inherited the seat after the Islamic Republic of Afghanistan-appointed envoy resigned, and other former officials of Republic, now in exile.

Rules and procedures at the UN

For the second time since the establishment of the IEA, on 16 December 2022 in the 55th plenary meeting of its 77thsession, the United Nations General Assembly deferred a decision on granting Afghanistan’s new rulers the country’s seat at the UN (see the Credentials Committee’s 12 December report A/77/600), UNGA resolution A/RES/77/239 and the transcript of the 16 December 2022 55th plenary meeting A/77/PV.55). [11]

#UNGA banner. Source: 78th General Assembly Live Blog, United Nations website, September 2023.

Importantly, while the UNGA deferred the decision on the Emirate’s request to take over Afghanistan’s seat, it also did not explicitly reject the request (more on the committee’s reasons for this deferral below). At the same time, as well, it did not explicitly stipulate that the previously-credentialled representative should remain in place. However, as Rebecca Barber wrote, in a paper published in the International and Comparative Law Quarterly, “based on the Assembly’s practice and procedural rules there was little doubt that this was to be the case.” [12] This standstill over who should rightfully represent the country has resulted in the continuation of the status quo, leaving a relatively junior diplomat, who has not been formally appointed by any government, occupying the country’s seat.

If earlier decisions are an indication, UNGA should consider the matter for a third time in early December 2023 and take a decision by adopting a resolution (see last year’s here) proposed in the UN Credentials Committee report. [13] Every year, this body of nine annually changing members checks the credentials of member-states’ representatives and, based on the documents it has received, takes note of who has been put forward to be credentialled for that year’s upcoming UN General Assembly. [14]

The credentials are usually straightforward procedural matters, except in unusual cases such as Afghanistan under the IEA. [15] (Other current controversial cases are Myanmar, Libya and, somewhat differently, Venezuela.) [16] Whether the Committee does anything more than just pass on information to the UNGA is debated. Barber argues that: “This delineation of the credentials process as being only about the procedural requirements of representation at the UN, and not about the recognition of the status of governments more broadly, was articulated in a 1970 memorandum by the UN Legal Counsel. That memorandum described the examination of credentials as a ‘procedural matter’, limited to assessing compliance with the Assembly’s procedural rules, and not involving questions of ‘recognition’ or ‘substantive issues concerning the status of governments’.”

However, in 1996, the Committee’s report, which includes the Legal Counsel’s opinion on Afghanistan, provides a fuller record of proceedings and shows just how active the ‘non-decision’ on Afghan representation at that time was: it followed a debate about what to do between the Committee members. Moreover, judging by its membership, this committee is powerful – in a committee where the General Assembly appoints the members yearly, China, Russia and the United States have been members every year since 1947. [17] That fact and the opacity with which it works do not give the appearance of a mere rubber-stamping body (see also Euronews reporting here).

Neither the committee nor the UNGA have a debate or hold a formal vote on credentials, even for controversial cases. The General Assembly always adopts, by acclamation, the Credential Committee’s report with a short resolution. The decision is valid for one annual session of the UNGA (September to September). What can be said is that the procedures allow for controversial questions of recognition to be deferred without public discussion or even a decision to do something having to be made.

Interestingly, another important multilateral institution, the International Criminal Court (ICC) in The Hague, sought clarification from the UN about who represented Afghanistan in the context of its Afghanistan investigation. In October 2021, it sent letters to the UN Secretary-General and the ICC Bureau of the Assembly of States Parties (ie, the ICC member-states) for “information on the identification of the authorities currently representing the Islamic Republic of Afghanistan by Monday 8 November 2021” (author’s emphasis). The letter showed that, as Ehsan Qaane wrote in a 2021 report for AAN Delaying Justice? The ICC’s war crimes investigation in limbo over who represents Afghanistan, the ICC judges “are not convinced that the diplomats appointed by the former regime can truly represent Afghanistan before the court. However, they themselves cannot contact the Taleban authorities directly, as that would imply recognition.” In this letter, the judges reasoned that “they believe the decision of who represents a state is of a “political nature” and a matter of “constitutional and international law,” beyond their mandate. The responses to the ICC’s query, wrote Qaane, offered no further clarification on the issue:

The two institutions did respond, but were of little help. The Bureau of the ICC Assembly of States Parties said, on 26 October 2021, that “due to its nature and functions, it [the Bureau] does not hold the type of information that is requested.” The UN Secretary General, meanwhile, told the judges on 18 October 2021, that the decision of government recognition was not his to make, but was “a matter for individual Member States.”

How was the last decision on Afghanistan’s UN seat taken?

The committee’s relative obscurity allows it to be opaque. Indeed, International Crisis Group’s UN Director Richard Gowan described it to the Associated Press as one of the “least transparent U.N. bodies” (see here), adding that “the fact that it isn’t transparent allows it to fudge certain decisions and kick hard decisions down the road.”

Its most recent recommendation on Afghanistan, which was adopted by the UNGA on 16 December 2022 and was valid for UNGA’s 77th session from 13 September 2022 to 5 September 2023, reads:

The Chair proposed that the Committee postpone its consideration of the credentials pertaining to … the representatives of Afghanistan … to the seventy-seventh session of the General Assembly, and to revert to consideration of these credentials at a future time in the seventy-seventh session. The proposal was adopted without a vote. [18] 

Given that the Credentials Committee usually meets three times a year, in March, June and September, its recommendation on Afghanistan’s seat for the current 78th UNGA should have already been taken, but will not be made public before the UNGA makes it official by adopting the Credentials Committee report.

The case of Afghanistan: competing requests

According to the UN’s rules of procedure for credentials, a head of state or foreign minister must submit credentials for their representatives at least one week before the opening of the UN General Assembly. [19] In Afghanistan’s case, the Credentials Committee has a problem, as it received in both 2021 and 2022 (the committee’s 2023 recommendation is not yet publicly available) what it described in similar wording in both its reports as “two communications concerning the representation of Afghanistan … indicating different individuals as representatives.”

In 2021, it had one letter dated 14 September 2021 from the Permanent Representative of Afghanistan to the United Nations in New York and “another dated 20 September 2021 from Afghanistan’s Ministry of Foreign Affairs” (see here). In 2022, the first letter, dated 6 September 2022, came from Afghanistan’s Chargé d’affaires ad interim to the United Nations in New York, followed by a second one, on 17 September 2022 from “the Ministry of Foreign Affairs of Afghanistan” (see here).

At first glance, the Credentials Committee left the matter of who exactly sent both communications unclear (see here). In both years, the first letter obviously came – as is usual – through Afghanistan’s permanent mission in New York and should represent the credentials submitted by the Islamic Republic of Afghanistan. The Islamic Republic of Afghanistan (IRoA) continues to be registered on the UN’s list of “Official Names of the United Nations Membership” (here) and its protocol list (here). The country is simply recorded as Afghanistan on the list of member states, but with the pre-1978 and Republic-era green, black and red flag still shown (here).

Although not spelled out, it seems the second communications were from the Islamic Emirate of Afghanistan’s foreign ministry. [20] Indeed, IEA foreign minister Amir Khan Muttaqi did send a letter to UN Secretary-General Antonio Guterres in September 2021, nominating the Emirate’s Doha-based spokesman Suhail Shaheen as their permanent representative and asking for credentials for him. A UN spokesman confirmed that Muttaqi’s letter was received and forwarded to the Credentials Committee (see Reuters here). [21] The Credential Committee references the letter in its 1 December 2021 report (see here):

The Committee had before it two communications concerning the representation of Afghanistan at the seventy-sixth session of the General Assembly, indicating different individuals as representatives to the seventy-sixth session of the Assembly. The first was dated 14 September 2021 from the Permanent Representative of Afghanistan to the United Nations in New York. The second communication was dated 20 September 2021 from the Ministry of Foreign Affairs of Afghanistan.

The Chair proposed that the Committee defer its decision on the credentials pertaining to … the representatives of Afghanistan to the seventy-sixth session of the General Assembly. The proposal was adopted without a vote.

The result is a diplomatic oddity, a junior diplomat appointed by a government that no longer exists currently occupying Afghanistan’s seat at the UN. Naseer Ahmad Faiq has declared that he no longer represents the old government, which has never officially abdicated, and that he does not represent the Islamic Emirate of Afghanistan either, but only the “oppressed groups in Afghanistan” (comment made to media – full quote below). [22]

Afghanistan’s Chargé d’affaires ad interim to the United Nations, Naseer Ahmad Faiq, speaking at the UN Security Council on the situation in Afghanistan. Source: UN Web TV, 20 December 2022.

Faiq assumed the helm at Afghanistan’s Permanent Mission in New York after the country’s permanent representative, veteran diplomat Ghulam Mohammad Isaczai (also spelled Ishaqzai) resigned in December 2021. [23] Faiq’s new role was made public “in an official tweet” by Afghanistan’s Permanent Mission to the UN on 16 December 2021, without mentioning who had appointed him (see Ariana news here). The letter to the UN – if there was indeed a letter – naming him heading Afghanistan’s mission to the UN has not been publicly released. [24]

Isaczai had notified the UN of his resignation on 16 December 2021, according to a UN spokesman (see AP report here). He had been scheduled to address the final day of the UNGA high-level meeting on 27 September 2021 (six weeks after the fall of the Islamic Republic), but he later withdrew the request to speak (see the German news website RedaktionsNetzwerk Deutschland (RND) here). [25]

There was speculation in the media about the reason behind the resignation. The Associated Press said he had resigned “after the country’s current Taliban rulers sought to replace him with their own envoy” (see here). Foreign Policy quoted one Afghan diplomat saying he had resigned because he thought there was no government in Afghanistan for him to represent at the UN and two other diplomats saying he expected to be appointed to a senior UN post in Ethiopia.[26]

After the credentials committee’s decision to defer any action in 2021, the chair, Sweden’s UN Ambassador Anna Karin Enestrom, declined to respond to questions from journalists about whether the current ambassador for Afghanistan still represented his country (see Reuters here).

Intra-Republic conflict

Further controversy about the country’s permanent representation in New York played out in early 2022, before the UN credentials committee’s most recent (non-)decision. On 9 February, reports emerged in the Afghan media that the mission had announced the appointment of Muhammad Wali Naeemi as Afghanistan’s Permanent Representative and Chargé d’affaires to the UN, replacing Faiq (ToloNews here and Khaama Press here).

The statement said that Naeemi, who had been deputy permanent representative under Isaczai, had not been able to assume his post earlier for health reasons, but “considering that Naeemi as the deputy representative has recovered, and based on the UN’s standards that after the ambassador and the permanent representative his deputy will take over responsibilities, Naeemi has taken the responsibilities as Chargé d’affaires from 4th February 2022” (quotes from the ToloNews report).

The last of the Republic’s foreign ministers – who has maintained that he still holds this position – Muhammad Hanif Atmar, also sent a letter to the UN communicating Naeemi’s appointment. Faiq, however, continues to hold himself to be Afghanistan’s representative and posted a copy of the letter on X (formerly Twitter) here. The media also reported on 8 February 2022 that Faiq had accused “corrupt individuals and traitors from the former corrupt government” of having staged “evil plots and conspiracies” against him, following a statement he made at a UNSC meeting discussing the situation in Afghanistan on 26 January 2022. In that statement, he had also announced that he was “not representing the former corrupt government” and demanded “the confiscation and freezing of Afghanistan’s assets illegally transferred to [bank] accounts of the former corrupt government officials” (see the text of his statement here). Later, he claimed that after that speech, he had “received a call from one of the top Taliban leaders asking him to represent them at the UN” but had declined (see the UAE’s English-language daily The National here). Indeed, in a series of interviews in 2023, Faiq underscored that he was not the Emirate’s representative either. For example, he told the Turkish Anadolu news agency: “We are not in contact with the Taliban. We are not representing the Taliban. We are the only voice of the oppressed groups in Afghanistan” (see here).

The UN did not act on Atmar’s letter. Instead, it deleted the names of Ashraf Ghani as Afghanistan’s head of state and Atmar as foreign minister from its official protocol list, leaving their places blank but retaining the Islamic Republic of Afghanistan as the country’s official designation. ToloNews first reported this on 22 February 2022, saying that the updated list had been published on 15 February (see ToloNews here and the current UN Protocol and Liaison Service list, as of 6 November 2023, here).

Although these approaches have further obfuscated Afghanistan’s place at the UN, it seems that the decision has simply been left open and not taken in favour of any of the two Afghan contenders for the seat, leaving Faiq as Afghanistan’s default representative to the world body, only because no decision has been made to choose someone else. The most recent list of UN member states heads of mission (as of 1 November 2023) continues to list Faiq as Afghanistan’s representative (see here). For the third year running, however, Faiq did not make a statement in Afghanistan’s name at the 2023 General Assembly, due, reported AP, to “the credentialing dispute.”

Faiq can, nevertheless, still attend UN meetings as Afghanistan’s representative in the current General Assembly (see here). He also attended and spoke at the 26 September 2023 UNSC meeting, where the Secretary-General’s Special Representative for Afghanistan, former Kyrghyz president Roza Otunbayeva, briefed the council on the situation in Afghanistan (see here). Most recently, on 1 November 2023, he spoke at the UNGA’s Third Committee, discussing the report of the United Nations High Commissioner for Refugees (see his post on X here) and on 5 October during the discussion on the advancement of rights of women and girls (here). Faiq unsuccessfully put Afghanistan forward as a candidate for the UN Human Rights Council in October 2022 (see his post on X here) and voted in favour of a UN resolution that condemned Russia’s war on Ukraine, which Afghanistan had reportedly co-sponsored in March 2022 (see his post on X here).

Faiq’s 2022 request to be re-accredited has a further weakness. After the controversy over Atmar’s letter and Faiq’s distancing himself from the former government, it is very likely that his letter did not carry Atmar’s signature and, therefore, did not fulfil the UN requirement that such a request must come from a foreign minister. However, this appears to have had no influence on the Credential Committee’s stance.

The Emirate’s position

International diplomatic recognition is a major foreign policy goal for the Islamic Emirate. It has repeatedly called on governments to establish full diplomatic relations, although so far, to little avail. It hailed the acceptance by the People’s Republic of China of the credentials of its ambassador on 1 December 2023 as an “important chapter” (see VoA here): it was the first time a country had formally done so and followed another first for China, in September 2023, the appointment of a new ambassador to Kabul. This was a sign, the BBC reported the Emirate as saying, for other nations to establish ties with its government. However, in reality, the number of countries with embassies and some even with ambassadors in Kabul as well as the number of countries which have allowed the IEA to either take over their embassies/consular offices or post an Emirate official at Afghanistan’s diplomatic missions is relatively few. And none have, so far, fully recognised the regime.

The stated obstacles have remained consistent. Immediately after the Taleban took power, Russia’s Foreign Minister Sergey Lavrov, for example, made full recognition dependent on, among other things, the Taleban’s willingness to form an “inclusive government” (see Russian foreign ministry’s press release here). This position was repeated during the September 2023 meeting of the Russia-hosted Moscow Format consultations on Afghanistan, which was also attended by the five Central Asian Republics, China, India, Iran and Pakistan. Participants at the meeting repeated their demand for the establishment of “a balanced, broad-based, inclusive, accountable and responsible government in Afghanistan.” While they made no explicit reference to recognition, they did, however, express “their interest for expanding engagement with the current Afghan authorities in the areas of culture, sport and education” (author’s emphasis; see the meeting’s final declaration here).

Yet the IEA has repeatedly insisted that it has the right to Afghanistan’s seat at the UN as it controls all of Afghanistan.Mutaqqi’s 2021 letter requesting the UN to accept the Emirate, according to UN spokesperson, Farhan Haq, argued that former president Ashraf Ghani had been removed and was no longer recognised as the country’s head of state and that the mission of the Republic-appointed representative “is considered over and that he no longer represents Afghanistan”(see German news site Web.de here).

The IEA also criticised the UN General Assembly’s 6 December 2021 decision to continue acknowledging Ghulam Mohammad Isaczai as Afghanistan’s permanent representative to the United Nations (see Ariana news here), calling it “unfair.” Abdul Qahar Balkhi, the IEA foreign ministry’s spokesman, tweeted: “The new Afghan government, as an accountable authority with sovereignty over entire Afghanistan (sic), which has ensured security for all Afghans, has a legitimate right to represent the Afghan people in the UN” (see ToloNews here). “Giving Afghanistan’s seat to Ishaqzai, who has no working relation with Kabul and no authority over any part of Afghan territory is deemed a blatant denial of the Afghan people’s legitimate right,” ToloNews reported Balkhi as saying.

During the Faiq/Naeemi controversy, Inamullah Samangani, the Emirate’s deputy spokesperson, said “the only solution is that Afghanistan’s chair at the UN is given to the current government of Afghanistan” (see Pakistan-based The Frontier Post here). In March 2023, the Emirate again raised its claim (see Pajhwok news here) for its ambassador-designate, Suhail Shaheen, to take over Afghanistan’s permanent mission in New York. “It is our right to be represented at the United Nations,” the Emirate’s spokesperson Zabiullah Mujahid told ToloNews (see here).

From the Emirate’s point of view, the opaqueness with which the Credentials Committee operates, the lack of debate in the General Assembly and the non-decisions make it impossible to find purchase to argue its case.

What does international law say?

International law distinguishes between the recognition of states and the recognition of governments. In general, states recognise other states, rather than governments. There is no “formalised procedure and, in particular, no international body” (and certainly not the UN) that determines “whether a state exists or whether a government is authorized to act on behalf of a state,” as a 2020 memo by the Academic Services of the German Bundestag (parliament) looking at the legal framework for a decision on Taleban recognition made clear (see here). This means that individual “state practice and customary international law resulting from it” are used by each state to decide questions of recognition. The memo stresses that there are “discrepancies” in the practice of various states.

Under normal circumstances, ie in times of peace and constitutional order, “state identity is not affected by the change of its government,” write Federica Paddeu and Niko Pavlopoulos in a piece published on the Just Security website (see here). In other words, states tend to continue diplomatic relations with an incoming government without issuing a formal expression of recognition

Since World War II, most states have narrowly focussed on a new government’s effective control of territory and have thus avoided complex political pronouncements about legitimacy. Switzerland, for example, enshrines neutrality as a core virtue of its foreign policy and adheres to “the principles of universality (the principle that wherever possible, Switzerland maintains diplomatic relations with all states) and of effectiveness (the requirement that the state to be recognized must have undoubted sovereignty),” as laid out in a legal memo published by its Federal Department of Foreign Affairs (last updated in April 2023 see here). The memo adds:

For the sake of the certainty of international law, Switzerland as a general principle refrains from setting additional conditions for recognition.…

The only precondition for the recognition of a government under international law is its effective exercise of sovereign power (first and foremost, control of a substantial part of the territory and of the apparatus of administration).…

If a state maintains normal diplomatic relations with a new government, this is merely a declaration that the new government is effective, not that it is legitimate [author’s emphasis].

Such an approach by any state may be rooted in the consideration that debates about legitimacy are complex and may not be politically expedient – whether disputatious, contrary to trade or other state interests or simply time-consuming.

However, sometimes concerns about legitimacy outweigh the principle of effective control and then states can be forced to consider questions of the legitimacy of the new government and whether to recognise it. For example, as the Bundestag paper highlights, this can happen when there has been “a change in the form of government by a change of the form of the state or due to an unconstitutional or otherwise irregular transfer of sovereign power within the state” such as “civil war, military coups [or] disputed election results.”

In Afghanistan’s case, statehood is uncontroversial, as is the IEA’s effective control of territory. What is controversial is whether the Emirate is a legitimate government. In August 2021, Afghanistan’s form of state changed from an Islamic Republic to an Islamic Emirate, and not by peaceful means. [27] It would appear, therefore, that UN member-states have considered the new regime’s legitimacy and, as a result, have refrained from recognising the IEA and re-establishing full diplomatic relations. Most have either not sent any diplomats, or only lower-ranking ones, and only a few an ambassador to Kabul. Also, in most cases, they have not received IEA diplomats. Many still seem to recognise the Islamic Republic of Afghanistan or at least allow diplomats appointed by it to continue their work.

The legitimacy question also plays out between the various Afghan political forces, all of whom interpret the issue of Afghanistan’s seat in New York as ‘recognition by the UN’. The Taleban, for their part, have always insisted on the continuity of the Emirate, and the 20 years of the Islamic Republic of Afghanistan as an interregnum; they have never recognised the Republic as Afghanistan’s legitimate government, describing it as a puppet of foreign forces. They are unswerving in their demands for recognition “by the UN,” as the UN’s envoy to Afghanistan, Roza Otunbayeva, pointed out in her comments to the Security Council in July 2023.

It is worth noting, however, that the United Nations is neither a state nor a government and does not have the right to ‘recognise’ a government (see UN website here).

The UN’s practice in the Credentials Committee should turn on this same question of legitimacy, particularly regarding upholding the UN Charter, although by not discussing the matter publicly or making an active decision on who gets the Afghan seat, neither the Committee nor UNGA are actually grappling with the issue of legitimacy. Otunbayeva used the language of recognition – in her UNSC comments in July: “The Taliban ask to be recognized by the United Nations and its members, but at the same time they act against the key values expressed in the United Nations Charter” (see the full transcript of her statement here). The Emirate took issue with her claims that its governance structures were “highly exclusionary, Pashtun-centred and repressive,” calling her assessment “baseless and biased” (see ToloNews here).

On balance, and based on the body of UN resolutions and repeated calls by member states for an inclusive government and respect for human rights, especially those of women and girls, it could be surmised that it is because states do not consider the Emirate legitimate that they have rebuffed its attempts to be recognised and admitted to the United Nations. However, this has never been publicly discussed or debated by either the Credentials Committee or the UNGA, so it is just surmise.

Importantly, while sending or keeping ambassadors in Kabul, as China, Russia, Iran and some other countries have done, could be seen as de-facto recognition of the IEA, this or indeed even establishing full diplomatic ties with the Emirate would still not constitute de-jure recognition and would not imply that the country in question considers the Emirate to be legitimate. [28]

Still, even partial diplomatic relations, such as existing lower-level diplomatic contacts, without the full gamut of diplomatic relations, are highly controversial and have drawn sharp criticism among the general public outside of Afghanistan and among some in the Afghan diaspora. Such pressure is another factor that governments need to take into account when deciding to recognise another government. In the eyes of many who are not well-versed in the intricacies of international law, recognition might imply legitimacy.

Recognising governments-in-exile

The Swiss legal memo also mentioned ‘special cases’, particularly after a coup or civil war, where “a legitimate government loses all or part of its power over the state and even flees abroad, becoming a government in exile.” In these instances, the memo says, “the former government sometimes continues to be recognized as the legitimate government (the de jure government) even if it has lost effective control of the state – at least temporarily – and this control is being exercised on the ground by a new, different government (the de facto government).”

One recent example is Yemen. There, the Houthis took effective control over large swathes of the country, yet the former government, in exile in Saudi Arabia, continues to be recognised by many states (see Reuters here). The Houthi government is even subject to a range of sanctions by the UN Security Council, including asset freeze, travel ban and arms embargo (see UNSC here and here), not unlike the current IEA.

In Afghanistan, a similar situation emerged in 1996 after the Taleban had toppled the government in Kabul, which called itself the Islamic State of Afghanistan (ISA). After extensive deliberations, the committee decided to “defer any decision on the credentials of the representatives of Afghanistan until a later meeting.” In other words, the ISA (headed by the late Burhanuddin Rabbani, himself president by dubious means) was allowed to continue to occupy Afghanistan’s seat at the UN, even as its territorial control shrank to the full control of only one province. In 1996, the Taleban also nominated their representative, who was not credentialed (see the Credential Committee’s 23 October 1996 report A/51/548). [29]

During the Soviet occupation (1979-89), Afghanistan’s governments were not considered legitimate by most UN member-states. At the time, significant majorities in the UNGA supported resolutions condemning the Soviet occupation. While many countries withdrew their ambassadors or closed their embassies in Kabul, most did not completely break off relations,[30] and the governments of the time were able to retain the country’s seat at the UN. This is another example of how many states do not consider legitimacy to be the prime argument when it comes to diplomatic recognition of other governments.

In the current situation, Afghanistan’s former government (or president) never formally abdicated. Ashraf Ghani and other politicians have repeatedly made statements from abroad, using the Republic’s black, red and green flag as a backdrop, sometimes still claiming to represent the Islamic Republic (see for example, Ghani in this late August 2021 Khaama Press report or former foreign minister Atmar’s bio on X, where he still calls himself “Foreign Minister of the Islamic Republic of Afghanistan”). At the same time, the former government is bitterly disunited and has not declared itself a government-in-exile, with one small exception: the former first vice-president, Amrullah Saleh, who, in the immediate aftermath of the Taleban takeover, claimed on 17 August 2021 that he was still the legitimate head of state because he, unlike Ghani, was still on Afghan soil (see his post on X, here). In September 2021, the Afghan embassy in Switzerland announced that Saleh would be leading a government-in-exile (see Khaama Press here). Saleh is no longer in Afghanistan and, at any rate, does not seem to have broad support among his former government colleagues. The existence of a government-in-exile, led by Saleh or any other person, has never been publicly mentioned again.

The absence of continuity, consensus and, at the very least, some degree of cohesion among the Republic-era political elite, as well as the gap left after the collapse of the old regime, could prove a hurdle to widespread recognition of any Afghan ‘Republican’ government-in-exile that ever did come into existence.

Conclusion

The matter of who represents Afghanistan at the UN remains unresolved and the country’s seat continues to be held by a diplomat from the government toppled by the Taleban, but not appointed by it. While the UN has been using a procedural ruse to withhold the seat from the Islamic Emirate, its de facto authorities continue to assert their right to occupy it.

If state practice is that states usually recognise other states, but not governments, that effective control of a country by the government is considered the main (if not only) criteria for recognition and that even diplomatic recognition does not imply legitimacy, then why do UN member-states not just go ahead and give the green light to the UN General Assembly to hand over Afghanistan’s UN seat to the Emirate?

In reality, the situation is more complicated. Legitimacy has emerged as a criterion in state practice for the recognition of governments, at least in a few cases where power is taken by force and human rights violations of entire social groups are at play, as the open decisions on Myanmar’s and Afghanistan’s seats show (with the collective denial of citizenship to the Rohingya ethnic group and the forced displacement into neighbouring countries of two-thirds of them in the former and the systematic denial of almost all rights to the entire female population in the latter). The acceptance and implementation of obligations under the UN Charter and other international conventions should be, according to UNGA resolution 396 of 1950, of central importance for UN member states. In Afghanistan’s case, one of the founding principles of the UN, “faith … in the equal rights of men and women” – is of particular significance. [31]

In a situation where no UN member-state, including those who have more active diplomatic interactions with the Islamic Emirate of Afghanistan, such as China and Russia, seems to have plans to upgrade their prevailing partial to full diplomatic relations, the UN Credentials Committee will likely maintain its previous course over the question of who should occupy Afghanistan’s UN seat and, as it has done since 2021, defer the decision for another year. Up to now, all other member-states, including Russia, China and other countries in the region continue to point to the need for substantial changes in Taleban policies on women’s rights and the formation of an ‘inclusive government’ as a precondition for full diplomatic recognition and have supported UN resolutions to this avail.

There is, however, no sign from the Emirate’s leadership that they are willing to oblige these demands. Restoring full relations in the absence of any movement from the Emirate on these demands would imply that previous concerns over legitimacy no longer exist. It would mean that the current, curious situation will continue, and Afghanistan will have a representative occupying its seat at the UN who claims not to represent either the current or previous government, but to speak for the country’s people.[32]

What might change matters is the Special Coordinator Sinirlioğlu’s independent assessment and the Security Council’s response to it. It might be possible for UN member-states to offer some goodwill gesture, in an attempt to break the deadlock, but giving Afghanistan’s seat to it now would be premature and meet strong international opposition. Public opinion in donor countries, many in the Afghan diaspora and those critical of IEA policies inside the country would be aghast at such a step under the current circumstances.

Slow and cumbersome procedures at the UNGA and its Credential Committee give member-states another year to deliberate and discuss the independent assessment report and establish mechanisms to implement whatever they decide is the right path forward. Such an approach also gives the Emirate’s leadership time to consider whether it wants to shift on what appear to be the preconditions (even if the UN does not call them that) for recognition and for gaining the UN seat. These seem pretty clear: a major one is that the IEA starts, as its critics would see it, interacting more positively with the Afghan population, civil society and non-Taleban political actors and to amend its policies on women and girls in particular.

It is also possible to foresee the Credentials Committee and the General Assembly continuing to delay, defer and take non-decisions, leaving the situation to drift and an exasperated Emirate’s quest for recognition frustrated.

Edited by Roxanna Shapour, Jelena Bjelica and Rachel Reid

References

References
↑1 China’s Foreign Ministry spokesperson Wang Wenbin refuted speculations that Beijing had formally recognised the Emirate: “China has always believed that Afghanistan should not be excluded from the international community.… We hope that Afghanistan will further respond to the expectations of the International community, build an open and inclusive political structure (and) implement moderate and stable domestic and foreign policies…. As the concerns of all parties receive stronger responses, diplomatic recognition of the Afghan government will naturally follow,” he told the media on 5 December. See this AFP report published by India’s English-language daily the Hindu.
↑2 The Ministry of Foreign Affairs’ website provides a list of IEA’s diplomatic missions.
↑3 In September 2023, the Taleban accredited a new Chinese ambassador. See Al-Jazeera here.
↑4 Russia was the first to meet IEA representatives in Kabul “within 48 hours of the takeover,” as reported by the BBC.
↑5 At the same time, many ambassadors appointed by the former government have clung to their posts as the last bastions of the fallen Islamic Republic (see Foreign Policy here), such as the one in Tajikistan who continues as Afghan ambassador to the country’s Central Asian neighbour, while the Afghan consulate in Khorog, in eastern Tajikistan, has fallen into the Emirate’s hands (see Radio Free Europe/Radio Liberty (RFE/RL) here). Some are tacitly in contact with Kabul, as former AAN colleague Ehsan Qaane wrote in 2021 (see this AAN report), or with roving Taleban envoys, as became apparent when one of them showed up in Germany on 16 November, crossing the border with a Schengen visa from the Netherlands where he had attended an international WHO conference (here).
↑6 There are some exceptions, such as Australia, which has closed its embassy.
↑7 The United States and the United Kingdom, for example, maintained a small team at their embassies in Kabul from the start of the Soviet occupation of Afghanistan in 1979 until the Soviet withdrawal in 1989, after which they closed their missions along with France, Italy and Japan.
↑8 The exceptions are Norway’s ambassador, who met the Emirate’s foreign minister in Kabul in October 2022 (see the Afghanistan Ministry of Foreign Affairs website here) and the UK’s chargé d’affaires, who did the same in summer 2023 (see Middle East Monitor here).
↑9 In 1996, the Taleban asked UNAMA’s predecessor mission, UNSMA (United Nations Support Mission to Afghanistan), to leave the country. However, UNSMA staff continued to visit Kabul; they included the author of this report in 2001-02.
↑10 The assessment report, which was due to be presented to the UNSC by 16 November 2023, has not been publicly released, but has been leaked and is widely distributed. The report can be found on the PassBlue website here.
↑11 The first decision was taken in December 2021, four months after the Taleban took power as noted in the Credentials Committee’s report UNGA A/76/550.
↑12 See Rebecca Barber, ‘The Role of the General Assembly in Determining the Legitimacy of Governments,’ International and Comparative Law Quarterly 71, no. 3 (2022): 627–56 (here).
↑13 UNGA appointed the current members of the UN Credentials Committee during the first session of the 77th plenary on 5 September 2023. They are Andorra, China, Grenada, Nigeria, Russia, Solomon Islands, Suriname, Togo and US. See UN Web TV here, from 27:20min.
↑14 This year’s official UNGA schedule, does not list this as an agenda item, but it will likely be amended to include it once the final schedule is published, as was the case last year when the report of the Credentials Committee was listed as an agenda item. See last year’s the official schedule here.
↑15 In 1950, UNGA Resolution 396 set out the procedure for deciding on who is entitled to represent a member state: “whenever more than one authority claims to be the government entitled to represent a Member-State in the United Nations (…), it should be considered by the General Assembly, or by the Interim Committee if the General Assembly is not in session.” See this UNGA Resolution A/RES/196 on Interim Committee from 1948.
↑16 In Venezuela’s case, the US registered its objection to credentials given to the Maduro government but did not block the decision or insist on a debate or vote.
↑17 See A/77/PV.1 for members appointed to the committee by the 77th general assembly in September 2022 and those of the previous year here.
↑18 The UNGA resolution 2022 simply reads: 

The General Assembly,

Having considered the report of the Credentials Committee and the recommendation contained therein,

Approves the report of the Credentials Committee. 

55th plenary meeting 

16 December 2022

↑19 Rule 27 of the UNGA Rules of Procedure: The credentials of representatives and the names of members of a delegation shall be submitted to the Secretary-General if possible not less than one week before the opening of the session. The credentials shall be issued either by the Head of the State or Government or by the Minister for Foreign.
↑20 The UN does not use the Taleban’s chosen name for their state and usually only refers to it as the country’s ‘de facto authorities’ (see, for example, the UN statement after the IEA banned Afghan women from working for UN agencies in Afghanistan) and, recently, as the ‘State of Afghanistan’ (see, for example, the recent assessment of the UN Secretary-General’s Special Coordinator for Afghanistan which has not been released but was leaked and can be found on the PassBlue website here.
↑21 Muttaqi reportedly also requested to be allowed to address the General Assembly during its annual high-level meeting which ended a day later, on 21 September 2021.
↑22 Faiq is a 46-year-old career diplomat who has served in various positions in the foreign ministry in Kabul and twice before at the Afghan UN mission in more junior positions (see Afghans Bios here). In Geneva, the UN’s second main hub, another Republic-appointed diplomat, Nasir Ahmad Andisha, is still in charge as Permanent Representative of the Islamic Republic of Afghanistan to the United Nations Office in Geneva, see here.
↑23 Isaczai is a seasoned Afghan diplomat with over two decades of experience working for the UN and had been appointed to this position in June 2021, four months before the fall of the Republic, by then President Ashraf Ghani, after Adela Raz moved into the role of Afghan ambassador to the US. Before taking up his post as Afghanistan’s permanent representative to the UN, Isaczai had served in various UN positions, most recently as Resident Coordinator in Azerbaijan (2016-2021) and in the Democratic People’s Republic of Korea (2013-2015). He is currently the Deputy Special Representative and Resident Coordinator at the United Nations Assistance Mission for Iraq (UNAMI) (see his UN bio here).
↑24 In a bizarre detail, the residence of the head of mission of Afghanistan – among the poorest countries in the world – is in New York’s Trump Tower, one of the city’s most expensive pieces of real estate. One of Faiq’s predecessors, Zaher Tanin (Observer Daily here), oversaw its purchase and Faiq is still using it. The number of staff at the mission has reportedly dropped from 16 before the Taleban takeover to four, including Faiq (here).
↑25 The high-level UNGA meeting is reserved for heads of state or government and foreign ministers. Representatives of countries who nominate lower-ranking diplomats are scheduled to speak according to their rank, with the lowest at the end.
↑26 In January 2022, Isaczai became the UN’s ad interim Resident and Humanitarian Coordinator in Jordan and was then appointed Deputy Special Representative for Iraq in the United Nations Assistance Mission for Iraq (UNAMI) and UN Resident Coordinator there by Guterres in July 2022. here.
↑27 The most recent cases include Mali (2020), Myanmar (most recently in 2021) and Niger (2023). In these countries, military governments control most of their countries’ territories after military coups, but came to power by unconstitutional means and many countries considered whether to express or withhold explicit recognition. Similar developments occurred after Venezuela’s controversial elections in 2018.
↑28 For a good explainer on legitimacy and the differences between de facto and de jure recognition, see Stefan Talmon, ’Recognition of governments in international law with particular reference to governments in exile’, Chapter 2: ‘Recognition and its Variants’, Oxford University Press, 2004.
↑29 Senior Taleban politician Abdul Hakim Mujahed used to reside in New York and had some unofficial diplomatic contacts there. He later returned to Afghanistan under a reconciliation programme. For details on efforts in this regard during the first emirate, see Bette Dam. ‘Looking for the enemy: Mullah Omar and the unknown Taliban’, HarperCollins, 2021.
↑30 No state officially broke off diplomatic relations with Afghanistan either during the first Emirate or the second Emirate – with the exception of Pakistan, Saudi Arabia and the UAE after 9/11.
↑31 All UN Security Council members, including China and Russia, voted in favour of a UNSC resolution 2681 on 27 April 2023. The resolution, which was co-sponsored by the United Arab Emirates and Japan, urged the Taleban “to swiftly reverse the policies and practices that restrict the enjoyment by women and girls of their human rights and fundamental freedoms “and ensure their “full, equal, meaningful and safe participation” (see AP here).
↑32 One aspect adding a degree of uncertainty is what calculations are made in Beijing and Moscow. Russia and China have used Afghanistan-related matters to score points in their global tug-of-war with ‘the collective West.’ But judging from the latest meeting of the Moscow Format, where they upheld their demand of an ‘inclusive government’ in Afghanistan, this is not very likely.

Whose Seat Is It Anyway: The UN’s (non)decision on who represents Afghanistan 
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India Says Afghan Embassy, Consulates ‘Functioning’

Meanwhile, political analysts believe that the resumption of Afghan embassy’s activities will improve the relations between Kabul and Delhi.

Arindam Bagchi, a spokesman for India’s Ministry of External Affairs, said that the Afghan embassy in New Delhi and the consulates in Mumbai and Hyderabad are functioning.

Bagchi made the remarks to reporters in a weekly press briefing.

However, he said that India’s position on the “recognition of the entity has not changed.”

“I guess the Afghan diplomats who are here continue to provide services for the Afghan nationals,” he said.

Meanwhile, political analysts believe that the resumption of Afghan embassy’s activities will improve the relations between Kabul and Delhi.

“For us, it is a positive [step], I see it as a positive move. The reopening of the embassies is also a lobby for the Islamic Emirate. It both benefits the nation and the government,” said Sultan Mohammad Sultani, political analyst.

“It would be better for the Islamic Emirate to have good diplomatic relations with all of the countries. The countries which are concerned about Afghanistan should meet their wishes through diplomatic paths,” said Amanullah Hotaki, a political analyst.

Earlier, the acting Consul General of Afghanistan in Mumbai, Sayed Mohammad Ibrahimkhil, said in a video that he and the Consul General of Afghanistan in Hyderabad, Zakia Wardak, have taken the responsibility for the consulate services of Afghanistan’s embassy in New Delhi based on requests of the Indian government.

India Says Afghan Embassy, Consulates ‘Functioning’
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Amnesty Intl Calls for Probe of War Crimes in Afghanistan

The Islamic Emirate has also asked the ICC to investigate the war crimes of other countries committed in Afghanistan.

Amnesty International called on the International Criminal Court (ICC) to prioritize and accelerate the delivery of justice for victims of crimes committed by the Taliban, as well as by other actors in Afghanistan.

In part of the declaration of Amnesty International, it stated that the delivery of justice for the victims of war crimes should be accelerated.

The statement said:  “The International Criminal Court (ICC) must prioritize and accelerate the delivery of justice for victims of crimes committed by the Taliban, as well as by other actors in Afghanistan before the 2021 takeover.”

“We demand that the International Criminal Court should prioritize the issue of dealing with war crimes in Afghanistan and provide information regarding the investigation that they started a year ago, where this investigation has reached,” said Zaman Sultani, South Asia researcher of Amnesty International.

The Islamic Emirate has also asked the ICC to investigate the war crimes of other countries committed in Afghanistan.

“The crimes committed by the occupying countries in Afghanistan are the responsibility of the powerful countries. This international organization cannot hold them accountable, so we have no hope from this organization, but if it is seen that they are neutral, we will speak about it,” Zabihullah Mujahid said.

Military analysts have different views about the demand of Amnesty International.

“If the court wants to cover all these crimes and bring the perpetrators to court, they should start from the United States, but unfortunately, America is a country that does not hand over its own person to a foreign and international court,” said Salim Paigir, a military and  political analyst.

Earlier, the Guardian newspaper reported on the war crimes of British soldiers in Afghanistan and said that at least 80 Afghan citizens were killed during the mission of British special forces in Helmand between 2010 and 2013, and only one British soldier killed 35 Afghan citizens during his six-month stay in Helmand.

Amnesty Intl Calls for Probe of War Crimes in Afghanistan
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Taliban causing ‘irreversible damage’ to whole education system in Afghanistan

The Taliban is causing “irreversible damage” to Afghanistan’s education system through the reintroduction of corporal punishment, curriculum changes and the use of unqualified teachers to replace women, most of whom have been barred from schools, Human Rights Watch has warned.

After taking power in 2021, the Taliban banned girls from secondary schools. A new report from Human Rights Watch (HRW), published on Wednesday, warns that boys’ education has also suffered under the Taliban, although this has gone largely unreported.

HRW said the ban on female teachers had left a gap that had been filled by unqualified men and had reduced the range of subjects being taught.

Sahar Fetrat, assistant women’s rights researcher at HRW, said: “The Taliban are causing irreversible damage to the Afghan education system for boys as well as girls. By harming the whole school system in the country, they risk creating a lost generation deprived of a quality education.”

A group of school girls raise their hands with school books on their laps
Taliban could be convinced to open girls’ schools, says Afghanistan ex-education minister

The report said subjects such as the arts, sports and civics had been removed from the curriculum in many schools.

A document obtained by HRW, which it could not verify, proposed some of the changes that had occurred in schools. The document described the previous Afghan curriculum as using “un-Islamic and non-Afghan standards that resemble western standards”.

It complained that the curriculum encouraged western values and dress, promoted democracy, covered other faiths and taught pupils about non-Muslim writers, including Shakespeare.

HRW said there had been an increase in corporal punishment in schools since the Taliban took power. Boys are beaten and slapped, and have their feet whipped for having a mobile phone or not complying with new rigid rules on haircuts or clothing, which must be traditionally Afghan.

Zaman A, a pupil from Herat province quoted in the HRW report, said: “The Taliban’s strict rules are suffocating. Currently, as a student, wearing anything colourful is treated like a sin.

“Wearing shirts or T-shirts, ties or suits are all treated like crimes,” he said. “Every day, there are several cases where boys get punished during morning assembly or in classrooms for some of these reasons.”

HRW also said boys were coming under increasing pressure to work instead of going to school as Afghanistan grapples with drought, conflict and a crippling economic crisis. More than 28 million Afghans are in need of urgent assistance, with 6 million people at emergency levels of food insecurity – one step away from famine.

The rights group said boys were struggling with anxiety and depression because of the pressure to support their families.

While progress was made in education under the previous Afghan government, the Taliban swiftly banned girls from school after taking power in 2021. Last year it banned women from higher education, including from medical degrees, which will affect the future number of female healthcare workers.

Last week a report by ACAPS, a non-profit organisation that supports aid workers with analysis of humanitarian situations, reported that the Taliban’s promises to ease curbs on women and lift restrictions on access to education had been merely symbolic, used in negotiations with international partners but in effect unimplemented.

Fetrat said: “The Taliban’s impact on the education system is harming children today and will haunt Afghanistan’s future. An immediate and effective international response is desperately needed to address Afghanistan’s education crisis.”

Taliban causing ‘irreversible damage’ to whole education system in Afghanistan
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Inside the remote army base where hero Afghans are housed after being welcomed to the UK

Holly Bancroft

Social Affairs Correspondent

The Independent (UK)
1 Dec 2023
The Ministry of Defence has transferred more than 1,100 Afghans to Garats Hay under a secretive mission codenamed Operation Lazurite
Inside Operation Lazurite: Look inside the army base being used to welcome Afghans to the UK

Arriving in the darkness, the packed coach passes through the imposing metal fence and pulls up on a remote and silent army base. Shuffled off the coach one by one, the group of men, women and children are taken to a large hall, before being handed, among other items, a tube of toothpaste.

One woman is 38 weeks pregnant, desperate for a safe place to bring her child into the world. Others have been waiting more than a year to find sanctuary.

Finally, they are in the UK.

“Now we feel like we are home,” one Afghan father, who spent a year in a hotel in Pakistan waiting for relocation to the UK, told The Independent. “We are feeling better and out of pressure. We have been waiting for this moment, thinking of the day when we would arrive in the UK, and fortunately we are here now.”

This man is one of more than 1,000 Afghans staying temporarily at MoD Garats Hay in Leicestershire because of their years of service alongside the British armed forces in the war against the Taliban.

All, like him, have been eligible to come to the UK for months – sometimes years – but have only been brought to Britain in recent weeks as part of a secretive Ministry of Defence operation, codenamed Operation Lazurite.

On 28 September, word went out to B Company, 3rd Battalion Parachute Regiment, that they had 72 hours to mobilise Garats Hay – a base in the countryside 12 minutes drive from Loughborough – to welcome hundreds of Afghan families.

MoD Garats Hay is based on the old Beaumanor estate, which was requisitioned by the War Office in 1939 and used as a radio intercept station. After the war, it was used by the Royal Signals until 1998.

In the 2000s, the remote army base, which is surrounded by a high metal fence, was used as a sixth-form college to train students who wanted to join the army before it was then turned into a Covid isolation facility during the pandemic. Most recently, it had been used as a training and conference centre.

As Garats Hay had been in recent use, it is in a very different condition compared to military sites that have been offered to the Home Office to house asylum seekers.

The site is being used, along with Swynnerton camp in Staffordshire, to temporarily house families before they are moved into service accommodation homes. Some are first moved into flats on other barracks for six weeks while they are matched with a more permanent property.

When The Independent visited Garats Hay last week, there were 175 Afghans on site, comprising 40 families. Some 1,100 people have been processed through the base and there are 61 service men and women on site in a 24-hour operation.

Meanwhile, there were around 100 Afghans based at Swynnerton, an old Second World War training camp. In total, 126 service personnel have been deployed at seven locations across the country.

Afghans arriving from Pakistan are met off the plane by officials who get them on to coaches to Garats Hay, usually in the early hours of the morning. They disembark from the coaches in groups before being taken to the lecture hall for processing, where they are given a translated briefing pack and a box full of essentials such as toothpaste, baby food and snacks.

Those who are being moved on within a few hours to more permanent homes are put in a room that has been turned into a transit lounge, which has been fitted with pool and air hockey tables and mattresses.

Those who are staying at Garats Hay for a bit longer are sorted out with rooms in the five former student accommodation blocks. The MoD aims – but doesn’t always succeed – to get people through the site within two days. The longest one family had been at the base for was three weeks and two days when The Independent visited.

On-site is an old library which has been cleared out to make a prayer area, as well as an adjoining room transformed into a makeshift multi-faith space.Families have their food provided at the former school canteen

Families get canteen food provided during their stay, with a children’s menu for youngsters. A tuck shop is opened three times a week, providing raisins, digestive biscuits, Colgate toothpaste, infant milk, baby shampoo and other essentials.

Around 20 interpreters have been brought onto the site to live alongside the Afghan families to make sure they can communicate any issues to the army personnel. An army medic has also set up a GP clinic on-site three times a week for anyone who gets ill.

The medical team have already seen one case of malaria, a number of people with dengue fever and others with scabies, with protocols in place to try to halt any spread of infection.

The most challenging case so far was when one woman arrived at 38 weeks pregnant, having downplayed how far along she was out of desperation to finally leave the hotels in Pakistan.

The Afghan family had been trapped in Islamabad waiting on relocation for eight months. They were connected to the local NHS maternity services on their arrival and a baby daughter was delivered safely in the nearby hospital.

Although there is lots of open space on site for children to play, travelling outside the base is limited to prearranged taxis or car trips organised through the MoD personnel. These are mainly reserved for medical appointments, with a large whiteboard at the entrance mapping the timings of each journey.

One Afghan refugee had told The Independent previously that they were “just staring at the walls” with “nothing to do” and spoke of problems trying to access help.

But a father who we met on the site visit said he was happy that he was finally in the UK with his family, and no longer in the hotels in Islamabad.

Over 3,000 Afghans have been left in limbo in Islamabad since November 2022, after Rishi Sunak pressed to end the use of hotels in the UK and the MoD stopped flights here.

The stalemate was broken at the end of September when the Pakistani government announced that they would expel any undocumented refugees in the country, and the UK’s policy of inaction faced a court challenge.

The Afghan father said: “I arrived at the hotel in Islamabad on 9 November 2022. And we came here on 21 November 2023. It has been one year and 11 days that we have been there. It was a long time.”

He said his children were enjoying being able to freely move around on the base, and explained that he had spent the past year providing free English lessons to Afghans in the Pakistani hotels because the families did not have access to any education.

“I was teaching five classes per day in my hotel without any salary,” he said. “If you do nothing then you think too much in your mind, so I was teaching to ease pressure on myself.

“If I get to my permanent home, I would like to do teaching for a salary and I will proudly do it.”

After Garats Hay, families will be moved on into MoD-owned service homes, depending on the size of the group. Around 700 service homes are available within the MoD estate for families that need 2-3 bedrooms, but those who are travelling alone or in bigger families may have to wait longer for private rented accommodation.

Councils in North Yorkshire, Wiltshire, and Oxfordshire have met the MoD to discuss how the families can be helped into homes within their areas. Those waiting longer for housing are moved into barracks around the county, for an estimated six weeks. At these sites, counsellors help them set up bank accounts and apply for universal credit and housing benefit, although DWP officials have come to Garats Hay to start registering families at the base who will be waiting a bit longer.

One charity is in discussions with the site manager about visiting to provide English lessons for any families who stay at Garats Hay for a longer period. The local community has also responded to news of the Afghans’ arrival by delivering boxes of toys and clothes for the children.

While over 1,000 Afghans eligible for UK resettlement under the MoD’s Arap scheme have been processed through Garats Hay already, there are some 4,000 more who are waiting for relocation in Pakistan and Afghanistan.

Armed forces minister James Heappey told The Independent that they were “working at the best speed we can to get people here”.

A few hundred Afghans who are eligible for relocation to the UK under Home Office and Foreign Office schemes are also stuck in Pakistan. Though some of these have been brought to Britain, the MoD is not responsible for their relocation. The Home Office did not comment on how the rest would be brought to the UK.

Inside the remote army base where hero Afghans are housed after being welcomed to the UK
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China Hopes Kabul Further Responds to Intl Expectations

Tolo  News

6 Dec 2023

But he also stressed the importance of building an open and inclusive political structure in Afghanistan.

The Chinese Foreign Ministry’s spokesman, Wang Wenbin, said that China hopes Afghanistan will further respond to the expectations of the international community.

In response to a question about the appointment of Bilal Karimi as the Islamic Emirate’s ambassador in Beijing and whether China will formally recognize the Islamic Emirate, China’s foreign ministry spokesperson Wang Wenbin said: “As a long-standing friendly neighbor of Afghanistan, China believes that Afghanistan should not be excluded from the international community.”

But he also stressed the importance of building an open and inclusive political structure in Afghanistan.

Sayed Jawad Sijadi, a political analyst, said that the international community is pressing their demands on the interim Afghan government.

“The formation of an inclusive government, considering the realities in Afghanistan, recognition of the rights of and freedom of the people of Afghanistan are the demands of the international community of the Taliban. It doesn’t look like the international community will let it fall short on these demands,” he said.
The Chinese FM spokesman hopes Afghanistan will “adopt moderate and prudent domestic and foreign policies, firmly combat all forms of terrorist forces, develop friendly relations with other countries, especially with its neighbors, and integrate itself into the world community.”
“We believe that diplomatic recognition of the Afghan government will come naturally as the concerns of various parties are effectively addressed,” he said.

The Islamic Emirate said that its government is inclusive but stressed it wants to improve relations with the international community.

“The matters that are being mentioned should be mentioned through legal paths, so practical steps are taken for them. We want good relations with all countries and we will provide the grounds for it gradually,” said Zabiullah Mujahid, Islamic Emirate’s spokesman.

Last week, the former deputy spokesman for the Islamic Emirate, Bilal Karimi, presented his credentials to the Director-General of the Protocol Department of the Foreign Ministry of China, Hong Lei.

China Hopes Kabul Further Responds to Intl Expectations
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Islamic Emirate Never Sought to Harm Other Countries: Deputy PM

Hanafi also highlighted the increased security in the country as well as efforts to counter narcotics.

The Deputy Prime Minister for Administrative Affairs, Abdul Salam Hanafi, said that the Islamic Emirate never sought to damage other countries, and urged the neighboring countries to be politically neutral towards Afghanistan.

Speaking at a gathering in the Academy of Science of Afghanistan, the Deputy PM said the Islamic Emirate wants to have good relations with all countries and that the foreigners should also not interfere in internal affairs of the country.

“We never seek the construction of our [country] through the destruction of our neighbors. We want both Afghanistan and neighbors to be built up. We have the same hope from our neighbors,” he said.

Hanafi said that the Islamic Emirate does not want to be a member of any of the “coalitions,” referring to Afghanistan’s history and neutrality in World Wars I and II.

“All Afghans are respected in our country. For the Afghans who are abroad due to some concerns, the Islamic Emirate’s message is to return to their country because there is no threat to them,” he said.

The acting Minister of Hajj and Religious Affairs, Noor Mohammad Saqib, told the gathering that research should be continued in various sectors in a bid to pave the way for development in the country.

Abdul Baqi Haqqani, head of the National Examination Authority, said that Afghanistan needs experienced and academic people.

“There is a need for our youth to go out of the country and learn good experiences there and use it in Afghanistan,” he said.

Hanafi also highlighted the increased security in the country as well as efforts to counter narcotics.

Islamic Emirate Never Sought to Harm Other Countries: Deputy PM
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West to Kick Off Visits to Region to Discuss Afghanistan

However, some political analysts believe that the visit of the US special envoy for Afghanistan is important considering the current circumstances.

Thomas West, US Special Representative, said that he has started travels to Pakistan, UAE, Qatar, and Saudi Arabia from December 5-15.

“Look forward to meeting with key partners to discuss shared security interests, refugee protection and resettlement, humanitarian needs, human rights, and economic issues,” West said.

Political analyst Torek Farhadi said the West may ask for financial support for the UN operations in Afghanistan.

“Thomas West may seek financial support in the Gulf countries for the UN agencies,” he said.

Meanwhile, the Islamic Emirate’s spokesman, Zabiullah Mujahid, said that Afghanistan wants to improve its relations with the international community.

“Afghanistan itself wants to extend its relations with the countries. And the agenda of the visit of the Americans and its purpose belongs to them,” he said.

However, some political analysts believe that the visit of the US special envoy for Afghanistan is important considering the current circumstances.

“If the US special envoy for Afghanistan is visiting Pakistan, I hope he should come to Afghanistan also. The concerns and propaganda should be shared with the government of Afghanistan,” said Hameedullah Hotak, political analyst.

“Thomas West’s visit is for the interest of the US. It is the Afghan refugees who are suffering from the problems in Iran and Pakistan. I hope the Afghan nation has a plan for consensus and unity in consultation with the current government,” said Zalmai Afghanyar, political analyst.

This comes as Asif Durrani, Pakistan’s Special Representative on Afghanistan, wrote on X that in a meeting with Julieta Valls Noyes, US Assistant Secretary for the Bureau of Population, Refugees, and Migration, they discussed issues concerning Afghan refugees and their resettlement.

West to Kick Off Visits to Region to Discuss Afghanistan
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Taliban’s abusive education policies harm boys as well as girls in Afghanistan, rights group says

BY RAHIM FAIEZ
Associated Press

ISLAMABAD (AP) — The Taliban’s “abusive” educational policies are harming boys as well as girls in Afghanistan, according to a Human Rights Watch report published Wednesday.

The Taliban have been globally condemned for banning girls and women from secondary school and university, but the rights group says there has been less attention to the deep harm inflicted on boys’ education.

The departure of qualified teachers including women, regressive curriculum changes and the increase in corporal punishment have led to greater fear of going to school and falling attendance.

“The Taliban are causing irreversible damage to the Afghan education system for boys as well as girls,” said Sahar Fetrat, who wrote the report. “By harming the whole school system in the country, they risk creating a lost generation deprived of a quality education.”

Taliban government spokesmen were not available for comment on the report. The Taliban are prioritizing Islamic knowledge over basic literacy and numeracy with their shift toward madrassas, or religious schools.

The Taliban have barred women from most areas of public life and work and stopped girls from going to school beyond the sixth grade as part of harsh measures they imposed after taking power in 2021.

According to the U.N. children’s agency, more than 1 million girls are affected by the ban, though it estimates 5 million were out of school before the Taliban takeover due to a lack of facilities and other reasons.

The ban remains the Taliban’s biggest obstacle to gaining recognition as the legitimate rulers of Afghanistan. But they have defied the backlash and gone further, excluding women and girls from higher education, public spaces like parks and most jobs.

The new report suggests that concerned governments and U.N. agencies should urge the Taliban to end their discriminatory ban on girls’ and women’s education and to stop violating boys’ rights to safe and quality education. That includes by rehiring all women teachers, reforming the curriculum in line with international human rights standards and ending corporal punishment.

“The Taliban’s impact on the education system is harming children today and will haunt Afghanistan’s future,” Fetrat said. “An immediate and effective international response is desperately needed to address Afghanistan’s education crisis.”

 

Taliban’s abusive education policies harm boys as well as girls in Afghanistan, rights group says
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Afghans Banned From 16 Provinces In Iran As Forced Exodus Continues

By RFE/RL’s Radio Azadi

Radio Free Europe/Radio Liberty

During the past few months, the rate of Afghans deported from Iran has steadily increased despite efforts by Afghanistan's Taliban-run government to persuade Tehran to give the Afghans more time. (file photo)

During the past few months, the rate of Afghans deported from Iran has steadily increased despite efforts by Afghanistan’s Taliban-run government to persuade Tehran to give the Afghans more time. (file photo)

Iran has banned millions of Afghan refugees and migrants in the country from living in, traveling to, or seeking employment in just over half of the country’s 31 provinces.

On December 3, Hamzeh Soleimani, the director-general of citizenship and foreign nationals affairs of the western Kermanshah Province, confirmed the ban was in place in 16 provinces nationwide.

“Numerous construction projects, greenhouses and livestock farms underwent inspection under the plan. [This led] to the arrest and expulsion of Afghan workers from the province,” he said.

Iranian media have identified 15 of the 16 provinces, including Kermanshah, East Azarbaijan, West Azerbaijan, Ardabil, Zanjan, Kurdistan, Hamedan, Gilan, Mazandaran, Sistan-Baluchistan, Ilam, Lorestan, Chaharmahal and Bakhtiari, Kahgiluyeh and Boyer Ahmad, and Hormozgan.

In October, Iranian Interior Minister Ahmad Vahidi reiterated that Tehran would deport all “illegal” migrants, most of whom are Afghan nationals who fled war, persecution, and poverty.

Tehran estimates that more than 5 million Afghans currently live in the country. Iranian officials now want to deport at least half of them because they do not have the documents to remain in the country.

During the past few months, the rate of Afghans deported from Iran has steadily increased despite efforts by Afghanistan’s Taliban-run government to persuade Tehran to give the Afghans more time before embarking on a mass expulsion campaign like Pakistan.

Islamabad is currently deporting thousands of impoverished Afghans daily as part of its campaign to expel more than 1.7 million “undocumented foreigners.”

In Iran, Afghans say their life is becoming more complicated with each passing day.

“The situation of Afghan refugees across Iran is very worrying,” Sharif Mateen, an Afghan refugee, told RFE/RL’s Azadi Radio.

“Police are arresting everyone irrespective of whether they have documents or not. They are then taken to repatriation camps,” he added.

Thousands Of Desperate Afghans Make Risky Journeys Into Iran To Find Work

Iran has hosted millions of Afghans for more than four decades, but Tehran has often complained of the lack of international aid for hosting them.

More than 70 percent of the 3.6 million Afghans who left their country after the Taliban seized back power in August 2021 fled to Iran.

Data show most are educated, middle-class Afghans who served in the fallen pro-Western Afghan republic’s security forces or civil bureaucracy.

Afghans Banned From 16 Provinces In Iran As Forced Exodus Continues
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