Gender, nationality ‘sufficient’ to grant Afghan women asylum: Top EU court

Al Jazeera

The European Court of Justice (ECJ) has ruled that gender and nationality alone are “sufficient” for a country to grant asylum to Afghan women.

The ECJ ruled on Friday that discriminatory measures adopted by the Taliban towards women “constitute acts of persecution” justifying the recognition of refugee status.

“The competent authorities of the member states are entitled to consider that it is unnecessary to establish that there is a risk that the applicant will actually and specifically be subject to acts of persecution if she returns to her country of origin,” the ECJ ruled.

So far, Sweden, Finland and Denmark have already granted refugee status to all Afghan women seeking asylum.

The ruling comes after Austria refused to recognise the refugee status of two Afghan women after they applied for asylum in 2015 and 2020.

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The two women challenged the refusal before the Austrian Supreme Administrative Court, which then asked for a ruling by the ECJ.

 

According to a court document, one of the women, identified as AH, first fled Afghanistan with her mother to Iran at the age of 13 or 14 after her drug-addicted father tried to sell her to fund his addiction.

The other woman, referred to as FN and born in 2007, has never lived in Afghanistan because her family had been living in Iran without residency permits, so her family had no right to work, and she could not receive an education.

The ECJ case document said FN told the court that if she is deported to Afghanistan, as a woman, “she would be at risk of abduction, would be unable to attend school and might be unable to support herself”.

Since the Taliban returned to power in Afghanistan in 2021, it has rolled back women’s rights, including limiting schooling, work and general independence.

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In August, the Taliban set a long list of rules governing morality, which includes mandatory dress codes, the requirement for women to have a male guardian, and the segregation of men and women in public places.

The United Nations human rights chief has called for the Taliban to repeal the “egregious” laws, which he said were an attempt to turn women into “faceless, voiceless shadows”.

SOURCE: AL JAZEERA AND NEWS AGENCIES
Gender, nationality ‘sufficient’ to grant Afghan women asylum: Top EU court
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UN Donor’s Conference on Afghanistan kicks off in Dubai

The donors’ conference for Afghanistan began on Thursday, October 3rd, hosted by the United Nations in Dubai.

At this conference, both domestic and international organizations, along with political representatives from various countries, are discussing aid to Afghanistan, which is currently under Taliban control and facing a severe humanitarian crisis.

Participants discussed ways to provide aid to Afghanistan, exchanging views on the best approaches and reaffirming their commitment to continue offering humanitarian support to the people of Afghanistan.

They reviewed monitoring mechanisms and emphasized the importance of transparency in delivering aid to ensure it reaches those in need.

Participants also expressed that Afghanistan remains at the center of the strategies of donor organizations and countries.

However, they stressed that “it is the responsibility of all stakeholders to create conditions where Afghans can sustain themselves through employment, rather than relying continuously on international aid.”

The conference also addressed the challenges posed by the Taliban’s new restrictions under the “Promotion of Virtue and Prevention of Vice” law. This law has imposed severe limitations, particularly against women. Under this law, women cannot leave their homes without a male guardian, and their voices are considered indecent in public spaces.

According to a United Nations report, Afghanistan is facing one of the largest humanitarian crises in the world. At least 23 million people in the country require humanitarian assistance. However, there are concerns about the reduction of these aid efforts.

Some countries and international organizations have also expressed concerns that the Taliban may misuse humanitarian aid for other purposes.

Karen Decker, the U.S. Chargé d’Affaires for Afghanistan, who attended the donors’ conference, told the media that since the fall of the Afghan Republic, the United States has provided $2.3 billion in humanitarian aid to Afghanistan.

Ms. Decker also mentioned that the results of the work conducted by two economic and narcotics groups from the “Doha 3” discussions would soon be reviewed by the United Nations, and the next major Doha meeting will also take place.

The donors’ conference highlights both the urgency and complexity of providing humanitarian aid to Afghanistan. While there is a commitment to helping millions of Afghans in need, concerns about transparency and the Taliban’s restrictions, especially on women’s rights, continue to challenge the international community’s efforts.

The call for a long-term solution emphasizes that Afghanistan’s future should not rely solely on aid. Sustainable employment and self-sufficiency must be at the core of any strategy to help the Afghanistan’s people build a better future.

UN Donor’s Conference on Afghanistan kicks off in Dubai
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No Consensus yet on Taliban’s participation in BRICS Summit: Russia

MOSCOW, RUSSIA – MARCH 25, 2022: Russia’s Deputy Minister of Foreign Affairs Andrei Rudenko is seen during a meeting between Russia’s Minister of Foreign Affairs Lavrov and Abkhazia’s President Bzhania at the Reception House of the Russian Ministry of Foreign Affairs. 

Russian Deputy Foreign Minister Andrey Rudenko has stated that there is no consensus on whether the Taliban officials will participate in the upcoming BRICS summit in Kazan.

According to the TASS news agency, Rudenko explained to reporters that invitations to the summit are made based on the consensus of BRICS members.

He also mentioned that the Taliban’s unrecognized status poses a challenge, which will be considered when deciding its participation.

The Ministry of Foreign Affairs in  Kabul has officially requested to attend the BRICS summit in Kazan.

The summit will begin on October 22 and last until October 24, 2024.

Russia’s state news agency, RIA Novosti, reported that the Taliban sent a letter to Yuri Ushakov, an aide to Russian President Vladimir Putin, requesting participation in the BRICS summit in Kazan. Abdul Ghani Baradar, the Taliban’s Deputy Prime Minister, expressed interest in attending the summit.

BRICS members include Brazil, Russia, India, China, and South Africa. This year, the group expanded to include Egypt, Saudi Arabia, the UAE, Iran, and Ethiopia.

Despite being on Russia’s blacklist, the Taliban maintain diplomatic relations with Moscow. Amir Khan Muttaqi, the Taliban’s foreign minister, is in Moscow for an Afghanistan meeting on October 4 under the Moscow Format.

The Taliban’s diplomatic engagement with Russia highlights their efforts to gain international recognition despite being officially unrecognized by the global community.

No Consensus yet on Taliban’s participation in BRICS Summit: Russia
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Mawlawi Abdul Kabir: Islamic Emirate Will Not Bow to Foreign Demands

Hanafi said that some foreign countries, by deceiving the youth abroad, are trying to stir up regional and ethnic divisions.

Mawlawi Abdul Kabir, the Deputy Prime Minister for Political Affairs, emphasized national unity in a meeting with local officials and elders of Panjshir.

Kabir also said that the Islamic Emirate will not bow to the demands of foreigners.

The deputy prime minister said that there is no discrimination in implementing developmental projects between provinces, and development projects will be equally distributed across all provinces.

Mawlawi Abdul Kabir said: “We must not become the slaves of anyone. We only serve Allah, the Almighty, and adhere only to Islam. We should not accept the demands of foreigners. We must not be swayed by factional, regional, or ethnic propaganda.”

Mohammad Khalid Hanafi, the acting Minister of Vice and Virtue, also spoke at the meeting, saying that the Islamic Emirate is obliged to pay attention to the legitimate demands of the people.

Hanafi said that some foreign countries, by deceiving the youth abroad, are trying to stir up regional and ethnic divisions.

The acting Minister of Vice and Virtue said: “In France and other places in Europe, they are trying to destroy our country from there. They are instigating sectarianism and group divisions. They are deceiving and exploiting our youth.”

Fasihuddin Fitrat, Chief of Staff of the Ministry of Defense of the Islamic Emirate, said: “The Ministry of Defense has spent most of its construction budget in Panjshir to build outposts and centers so that the Mujahideen are removed from the people and their homes.”

The Governor of Panjshir and several local representatives also shared their challenges and demands with officials of the Islamic Emirate.

Mohammad Agha Hakim, the Governor of Panjshir, said: “The leadership of the province and all the people of Panjshir request that the province be included in the second category as an exception.”

“The roads in the districts of Paryan and Dara are completely destroyed. We hope these roads are cleared so people can travel freely,” said Masihullah Mosadeq, a religious scholar.

This comes as Iran’s Ambassador and Special Representative to Afghanistan claimed in an interview with an Iranian media outlet yesterday that ethnic, linguistic, and religious minorities in Afghanistan are facing discrimination.

Mawlawi Abdul Kabir: Islamic Emirate Will Not Bow to Foreign Demands
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Top US General Milley calls Afghanistan withdrawal a ‘Strategic Failure’

The former Chief of Staff of the U.S. Army acknowledged the mistakes made during the withdrawal from Afghanistan, admitting that political and strategic failures marked it.

Mark Milley stated that the 20 years spent by the U.S. and its allies in Afghanistan were a valuable opportunity, but in the end, the Taliban took control of the country.

On Wednesday, during a session at Princeton College, General Milley commented on the U.S. military presence in Afghanistan: “In my opinion, those 20 years were long and significant, but ultimately, the Taliban occupied the capital and seized the entire country.”

He acknowledged the political and strategic shortcomings during the U.S. military withdrawal from Afghanistan, stating, “Our experiences in Afghanistan offer many lessons.” Milley added that it will take years for historians to fully extract and analyze these lessons and other critical insights.

He pointed out flaws in the Doha agreement and noted that the U.S. forces’ lack of proficiency in local languages was another significant weakness, which the Taliban exploited in rural areas. He said, “The U.S. didn’t fully understand what was happening on the ground.”

The withdrawal from Afghanistan has left lasting consequences on U.S. foreign policy, raising debates about the future of American military interventions. The U.S. is now reflecting on its broader strategy to avoid repeating similar failures in other conflict zones.

Top US General Milley calls Afghanistan withdrawal a ‘Strategic Failure’
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Sixth Moscow Format Consultative Meeting to Begin Friday

The Russian Ministry of Foreign Affairs said that the main part of the meeting will be held behind closed doors.

The sixth Moscow Format consultative meeting will take place tomorrow (Friday, October 3) in Moscow with the participation of representatives from ten neighboring and regional countries, including China, Iran, and Pakistan.

The Russian Ministry of Foreign Affairs said that the main part of the meeting will be held behind closed doors, with the focus on strengthening the “national reconciliation” process in Afghanistan, enhancing regional countries’ engagement with the interim government, and combating terrorism and drug trafficking.

Maria Zakharova, spokesperson for the Russian Ministry of Foreign Affairs, said about the meeting: “The meeting’s main proceedings, to be held behind closed doors, will be opened with a welcome address by Foreign Minister Sergey Lavrov. The discussions at the Moscow Format Consultations will focus primarily on advancing the Afghan national reconciliation process and enhancing practical cooperation between regional states and Kabul in political, economic, counter-terrorism, and anti-drug efforts.”

The Russian Foreign Ministry spokesperson also added that the Russian Foreign Minister is scheduled to meet with Amir Khan Muttaqi, the Foreign Minister of the Islamic Emirate, on the sidelines of the meeting to discuss key issues, including bilateral cooperation between Moscow and Kabul, and a joint statement will be issued at the conclusion of the meeting.

Meanwhile, Karen Decker, Chargé d’Affaires of the US Mission to Afghanistan, who has taken on the responsibility of leading US foreign policy towards Afghanistan, told reporters in a meeting that the US representative will not participate in the Moscow Format meeting.

Zakharova added: “On the sidelines of the event, Sergey Lavrov will hold a meeting with Amir Muttaqi to address key issues of bilateral cooperation between Moscow and Kabul.”

Hamdullah Fetrat, Deputy Spokesman of the Islamic Emirate, also expressed optimism about the holding of the Moscow Format meeting, calling it a good opportunity for expanding the Islamic Emirate’s relations with neighboring and regional countries.

Fetrat further added about the meeting: “We consider this [Moscow Format meeting] a positive development. Once again, we emphasize that the countries of the region play a good role in supporting Afghanistan, and in this way, economic prosperity and stability in the region can be ensured.”

“There are concerns we have with some of the countries participating in this meeting, and we should discuss them, especially sharing our security concerns with them,” Hewad Zazi, a political analyst, told TOLOnews.

It is worth noting that the participants in the final declaration of the fifth Moscow Format Consultative Meeting stressed the formation of an inclusive government, the fight against terrorist groups, and respect for human rights, especially women’s right to work and education in Afghanistan.

Sixth Moscow Format Consultative Meeting to Begin Friday
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Thomas West steps down as US envoy for Afghanistan

Thomas West, announcing his resignation as Washington’s special envoy for Afghanistan, stated that the U.S. remains committed to supporting Afghanistan and its people. West mentioned that the “resilience and courage” of Afghans have given him hope for the country’s future.

A few hours earlier, U.S. Secretary of State Antony Blinken announced that West had been appointed as the acting head of the Office of Sanctions Coordination at the U.S. State Department.

Karen Decker, the Chargé d’Affaires of the U.S. Embassy for Afghanistan, Rina Amiri, the U.S. envoy for Afghanistan’s women, and another official will now take over West’s duties.

It remains unclear whether the U.S. government will appoint a new special envoy to replace West or if the politically driven role will be eliminated.

West wrote that he “led U.S. diplomacy toward Afghanistan during a very challenging period” and reflected positively on his accomplishments over the past three years.

West has faced many critics, primarily due to his approach toward the Taliban. He was known for distancing himself from anti-Taliban groups and maintaining a softer tone in his dealings with the Taliban.

West stated that the “resilience and courage of countless Afghan journalists and human rights activists” have been a source of hope for him.

During his tenure, West made several trips to neighboring countries but was unsuccessful in convincing those nations to use their influence to change the Taliban’s policies and behavior.

Thomas West’s departure leaves questions about the future of U.S. diplomacy towards Afghanistan. The ongoing challenges in engaging with the Taliban and securing meaningful change in the region highlight the difficulties in shaping Afghanistan’s political landscape post-West.

Whether a new envoy will be appointed remains to be seen, but the need for continued support for Afghanistan’s civil society and human rights remains paramount.

Thomas West steps down as US envoy for Afghanistan
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Washington states Afghanistan remains US Foreign Policy priority

The U.S. State Department spokesperson has stated that Afghanistan remains a priority in U.S. foreign policy. Matthew Miller mentioned that Afghanistan-related matters are being handled by the U.S. Chargé d’Affaires for Afghanistan, the U.S. Special Envoy for Women in Afghanistan, and the U.S. State Department.

On Tuesday, October 1, during a press briefing, Miller was asked if Afghanistan continues to be a priority for U.S. foreign policy, to which he replied, “Of course, it is.”

Matthew Miller added that currently, Karen Decker, the U.S. Chargé d’Affaires for Afghanistan, Rina Amiri, the U.S. Special Envoy for Women in Afghanistan, and Mark Pommersheim at the U.S. State Department are leading efforts on issues related to Afghanistan.

These statements come as U.S. Secretary of State Antony Blinken announced that Thomas West, the U.S. Special Representative for Afghanistan, will be stepping down from his role.

According to Blinken, Thomas West will now become the head of the Office of Sanctions Coordination at the U.S. State Department.

In a statement on Tuesday, the U.S. Secretary of State praised Thomas West for his contributions over the past four years, noting that he effectively implemented U.S. policies regarding Afghanistan.

Meanwhile, Afghanistan continues to face a dire humanitarian crisis under the current regime’s suppressive policies. The Taliban has banned education for girls beyond the sixth grade and restricted employment opportunities for women, leaving many families in poverty and despair.

The international community has expressed deep concern over these regressive measures, which have worsened living conditions for Afghan women and children. With limited access to education and employment, the country’s long-term development prospects remain bleak, and humanitarian aid is urgently needed to address these critical challenges.

Washington states Afghanistan remains US Foreign Policy priority
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Taliban asserts new gains against Afghan-based IS offshoot amid skepticism

ISLAMABAD —

The Taliban said Monday that their security forces had killed and captured several “key members” of a regional Islamic State affiliate for plotting recent terrorist attacks in Afghanistan, alleging that the suspects had crossed over from Pakistan.

Zabihullah Mujahid, the Taliban spokesperson, listed the claims and so-called successes against Islamic State-Khorasan, or IS-K, locally known as Daesh, in a formal statement without providing evidence to support them.

The assertions came after the country’s three immediate neighbors and Russia jointly urged the de facto Kabul government this past Friday to take “visible and verifiable actions” against transnational terrorist groups, including IS-K, on Afghan soil.

Mujahid said the IS-K operatives in question had been involved in several recent attacks in Afghanistan. They included a suicide bombing in the Afghan capital earlier this month and a May gun attack in the central city of Bamiyan, he added.

Both attacks resulted in the deaths of at least ten people, including three Spanish tourists, with IS-K claiming credit for them at the time.

The Taliban spokesperson said that IS-K insurgents had established “new operational bases and training camps” in the Pakistani border provinces of Baluchistan and Khyber Pakhtunkhwa after fleeing Afghan counterterrorism security operations.

“From these new bases, they continue to orchestrate attacks, both within Afghanistan and in other countries,” he claimed, noting that “some of the arrested individuals had recently returned to Afghanistan from the Daesh Khorasan training camp” in Balochistan.

Islamabad has not immediately responded to the Taliban’s allegations, which came two days after neighboring Pakistan, China, and Iran, along with Russia, at a meeting in New York this past Friday, urged the Taliban to eradicate bases of IS-K and other transnational terrorist groups in Afghanistan.

The ministerial meeting warned that these Afghan-based terrorist entities “continue to pose a serious threat to regional and global security.” According to a joint statement released after the huddle, the participants recognized the Taliban’s efforts in combating IS-K.

“They called on de facto authorities to take visible and verifiable actions in fulfilling the international obligations and commitments made by Afghanistan to fight terrorism, dismantle, and eliminate all terrorist groups equally and non-discriminatory and prevent the use of Afghan territory against its neighbors, the region, and beyond,” the statement stressed.

It identified the groups in question as IS-K, al-Qaida, Eastern Turkestan Islamic Movement, ETIM, which opposes China, anti-Iran Jaish ul-Adl, and the Tehrik-i-Taliban Pakistan, TTP, as well as the Baloch Liberation Army, BLA, both waging attacks on Pakistani security forces and civilians.

The United Nations, in a recent security assessment, also described TTP as “the largest terrorist group” in Afghanistan, with several thousand operatives, noting that IS-K activities in the country are also turning into a significant regional threat. It noted that the group had intensified cross-border attacks in Pakistan since the Taliban regained power three years ago and is being facilitated by the de facto Afghan rulers.

A new report issued Monday documented nearly 1,000 deaths of civilians and security forces in Pakistan during the first nine months of 2024. The Islamabad-based independent Center for Research and Security Studies stated that most of the fatalities resulted from attacks by TTP and BLA-led insurgents.

Pakistani authorities have consistently urged Kabul to extradite TTP leaders and militants to Islamabad for trial for instigating deadly violence in the country.

The Taliban has rejected Pakistani and U.N. allegations, saying they are not allowing any foreign groups, including TTP, to threaten other countries from Afghanistan.

The United States has designated TTP and BLA as global terrorist organizations.

Taliban asserts new gains against Afghan-based IS offshoot amid skepticism
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A child bride won the right to divorce – now the Taliban say it doesn’t count

Mamoon Durrani

BBC Afghan Service
Kawoon Khamoosh

BBC World Service
28 Sept 2024
BBC Nazdana looking at her divorce documentsBBC
Nazdana fled from Afghanistan with her divorce documents

There is a young woman sheltering under a tree between two busy roads clutching a pile of documents to her chest.

These pieces of paper are more important to Bibi Nazdana than anything in the world: they are the divorce granted to her after a two-year court battle to free herself from life as a child bride.

They are the same papers a Taliban court has invalidated – a victim of the group’s hardline interpretation on Sharia (religious law) which has seen women effectively silenced in Afghanistan’s legal system.

Nazdana’s divorce is one of tens of thousands of court rulings revoked since the Taliban took control of the country three years ago this month.

It took just 10 days from them sweeping into the capital, Kabul, for the man she was promised to at seven to ask the courts to overturn the divorce ruling she had fought so hard for.

Hekmatullah had initially appeared to demand his wife when Nazdana was 15. It was eight years since her father had agreed to what is known as a ‘bad marriage’, which seeks to turn a family “enemy” into a “friend”.

She immediately approached the court – then operating under the US-backed Afghan government – for a separation, repeatedly telling them she could not marry the farmer, now in his 20s. It took two years, but finally a ruling was made in her favour: “The court congratulated me and said, ‘You are now separated and free to marry whomever you want.'”

But after Hekmatullah appealed the ruling in 2021, Nazdana was told she would not be allowed to plead her own case in person.

“At the court, the Taliban told me I shouldn’t return to court because it was against Sharia. They said my brother should represent me instead,” says Nazdana.

“They told us if we didn’t comply,” says Shams, Nazdana’s 28-year-old brother, “they would hand my sister over to him (Hekmatullah) by force.”

Her former husband, and now a newly signed up member of the Taliban, won the case. Shams’ attempts to explain to the court in their home province of Uruzgan that her life would be in danger fell on deaf ears.

The siblings decided they had been left with no choice but to flee.

Nazdana and her brother shams
Nazdana and her brother Shams say they had to flee to save their lives

When the Taliban returned to power three years ago, they promised to do away with the corruption of the past and deliver “justice” under Sharia, a version of Islamic law.

Since then, the Taliban say they have looked at some 355,000 cases.

Most were criminal cases – an estimated 40% are disputes over land and a further 30% are family issues including divorce, like Nazdana’s.

Nazdana’s divorce ruling was dug out after the BBC got exclusive access to the back offices of the Supreme Court in the capital, Kabul.

Abdulwahid Haqani – media officer for Afghanistan’s Supreme Court – confirms the ruling in favour of Hekmatullah, saying it was not valid because he “wasn’t present”.

“The previous corrupt administration’s decision to cancel Hekmatullah and Nazdana’s marriage was against the Sharia and rules of marriage,” he explains.

But the promises to reform the justice system have gone further than simply reopening settled cases.

The Taliban have also systematically removed all judges – both male and female – and replaced them with people who supported their hardline views.

Women were also declared unfit to participate in the judicial system.

“Women aren’t qualified or able to judge because in our Sharia principles the judiciary work requires people with high intelligence,” says Abdulrahim Rashid, director of foreign relations and communications at Taliban’s Supreme Court.

Abdulrahim Rashid, Taliban's supreme court
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Abdulrahim Rashid, Director of foreign relations and communications at Taliban’s supreme court

‘If we can’t speak, why live?’ – BBC meets women after new Taliban law

The hospital struggling to save its starving babies

The Afghan women who escaped to get an education abroad

For the women who worked in the system, the loss is felt heavily – and not just for themselves.

Former Supreme Court judge Fawzia Amini – who fled the country after the Taliban returned – says there is little hope for women’s protections to improve under the law if there are no women in the courts.

“We played an important role,” she says. “For example, the Elimination of Violence against Women law in 2009 was one of our achievements. We also worked on the regulation of shelters for women, orphan guardianship and the anti-human trafficking law, to name a few.”

She also rubbishes the Taliban overturning previous rulings, like Nazdana’s.

“If a woman divorces her husband and the court documents are available as evidence then that’s final. Legal verdicts can’t change because a regime changes,” says Ms Amini.

“Our civil code is more than half a century old,” she adds. “It’s been practised since even before the Taliban were founded.

“All civil and penal codes, including those for divorce, have been adapted from the Quran.”

Taliban court decisions
A shelf for resettled court cases of the previous government at Taliban’s supreme court

But the Taliban say Afghanistan’s former rulers simply weren’t Islamic enough.

Instead, they largely rely on Hanafi Fiqh (jurisprudence) religious law, which dates back to the 8th Century – albeit updated to “meet the current needs”, according to Abdulrahim Rashid.

“The former courts made decisions based on a penal and civil code. But now all decisions are based on Sharia [Islamic law],” he adds, proudly gesturing at the pile of cases they have already sorted through.

Ms Amini is less impressed by the plans for Afghanistan’s legal system going forward.

“I have a question for the Taliban. Did their parents marry based on these laws or based on the laws that their sons are going to write?” she asks.

Under the tree between two roads in an unnamed neighbouring country, none of this is any comfort to Nazdana.

Now just 20, she has been here for a year, clutching her divorce papers and hoping someone will help her.

“I have knocked on many doors asking for help, including the UN, but no-one has heard my voice,” she says.

“Where is the support? Don’t I deserve freedom as a woman?”

The BBC has been unable to reach Hekmatullah for comment.

A child bride won the right to divorce – now the Taliban say it doesn’t count
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