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Published online by Cambridge University Press: 19 April 2010
The fall of the Taliban regime in Afghanistan has opened the way for considerable debate on the country's future, and the part to be played by women in that future is now being widely analysed and discussed. Much has being written about the fate of women under the Taliban. This short article aims to review the activities of the International Committee of the Red Cross (ICRC) in Afghanistan during the Taliban rule, with particular focus on its impact on women to see what lessons could be learned in terms of how to provide the widest and most effective humanitarian assistance despite massive political and logistical constraints. Before continuing, it should be pointed out that prior to Taliban rule the situation of women in Kabul and other large towns (where their access to education and work and their freedom of movement were greater) differed considerably from that of women in rural areas (where the approach towards them was generally more conservative). So when the Taliban took power, their impact varied throughout the country.
1 As a general policy, the ICRC does consider that its mandate includes people held in detention (not necessarily for reasons related to the armed conflict) whose basic humanitarian needs are jeopardized by the armed conflict, owing to the breakdown in the normal functioning of the State.
2 The ICRC also runs a major orthopaedic rehabilitation centre in Kabul which has continued to employ Afghan women, even throughout the Taliban regime, and provides prosthetic and rehabilitation services for women. Women account for approximately 7% of the beneficiaries, and girls under 14 years of age for 3% of the beneficiaries.
3 ICRC press statement, quoted in von Flüe, C. and Daudin, P. (eds), Protection Toward Professional Standards, Report of the Workshop, 17–19 March 1998, ICRC, Geneva, 1998, p. 116.Google Scholar
4 The principle of impartiality requires the ICRC to make no discrimination as to nationality, race, religious beliefs, class or political opinions. In endeavouring to relieve the suffering of individuals, it is guided solely by needs and gives priority to the most urgent cases. In terms of humanitarian ethics, non-discrimination requires that any objective distinction between individuals be ignored. In practice, all the components of the International Red Cross Movement (composed of the ICRC, the National Red Cross and Red Crescent Societies and the International Federation of Red Cross and Red Crescent Societies) must strictly avoid any form of discrimination when providing medical treatment or other humanitarian aid. See generally, The Fundamental Principles of the Red Cross, ICRC, Geneva, 1996. The International Court of Justice has held that “if the provision of'humanitarian assistance’ is to escape condemnation as an intervention in the internal affairs of another State, it must be limited to the purposes hallowed in the practice of the Red Cross, and above all be given without discrimination.” See Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, ICJ Reports 1986, paras. 239–245.
5 As a State party to the Geneva Conventions of 1949, Afghanistan was bound during the rule of the Taliban to apply Article 3 common to those Conventions, which is applicable in the case of armed conflicts not of an international character. This provision guarantees that persons taking no active part in the hostilities shall in all circumstances be treated humanely, without any adverse disctinction founded, inter alia, on their sex (Art. 3(1)). In particular, the wounded and sick must be collected and cared for (Art. 3(2)).
6 Quoted in C. von Flüe and Daudin, P. (eds), op. cit. (note 3), p. 116.Google Scholar
7 Under common Article 3 of the Geneva Conventions of 1949, an impartial humanitarian body, such as the ICRC, may offer its services to the parties to a conflict (Art. 3(2)). While this does not mean that the said parties are bound to accept the offer of service, in practice it is rarely refused.
8 The committee, composed of the Ministry of Public Health, the United Nations, the ICRC and various NGOs, was set up by the Afghan government to find practical solutions allowing both sexes to be present in hospitals.
9 For example, the price of a taxi shared by 3–4 people cost 4,000 Afghan roubles to travel from the centre of town to hospital in May 2000. Finding such a sum of money was out of the question for most people, who took a bus or walked.
10 Women Facing War, ICRC study on the impact of armed conflict on women, ICRC, Geneva, 2001, p. 61.
11 The Fundamental Principle of neutrality means that the Movement may not take sides in hostilities or engage at any time in controversies of a political, racial, religious or ideological nature. See The Fundamental Principles of the Red Cross, op. cit. (note 4).
12 There were various reasons for the non-reporting of sexual violence against women, including the long duration and severity of the conflict which had made seriously violent crimes seem commonplace to many Afghans; the fear (especially of women) to approach international organizations, the lack of belief that any action would be taken as a result of reporting, and the shame and dishonour that might be brought on the victim and her family if the offence was made public.
13 In Afghanistan in recent years women have not taken part in the armed conflict as combatants.
