Since the Taliban reassumed power in Afghanistan in August 2021, there has been a significant surge in the strict enforcement of the Islamic dress code for women and girls. The arbitrary arrest and detention based on non-compliance have provoked concern within the UN Assistance Mission in Afghanistan (UNAMA). Recent reports highlight these findings, as the Taliban last week detained the first women for “bad hijab”. More on the increase in arrests here .
UNAMA recorded a sequence of hijab decree implementation campaigns led by the de facto Ministry for the Propagation of Virtue and the Prevention of Vice, as well as the de facto police in Kabul and Daykundi provinces. In allegations put forward by the mission, it was suggested that women and girls landed in detention following acts of non-compliance. The mission reported that male guardians were required to sign a letter assuring her future compliance for their release from detention. Failure to comply could result in punishment.
According to Special Representative of the Secretary General and head of UNAMA, Roza Otunbayeva, physical violence has been used as a method to enforce these measures on women and girls in the country. In turn, this has fostered a climate of dishonour against them. UNAMA has engaged in discussions with the de facto Taliban authorities and called for the immediate release of those detained.
The de facto Taliban government’s spokesman, Zabihullah Mujahid, however, dismissed UNAMA’s concerns, stating they were incorrect. He went on to argue that Afghan women voluntarily observe the hijab rule and were neither forced nor persecuted. He labelled UNAMA’s concerns as propaganda and far from reality.
Since gaining power, the Taliban has imposed several restrictions on women and girls. These have been identified by the UN as a form of “gender apartheid”. More details on the restrictions can be found in this UN report. Substantial limitations such as prohibitions from attending secondary schools or working, coupled with the imposition of a strict dress code, have been at the fore. There’s a directive passed by the Taliban in May 2022 which required women and girls to wear a dress covering their entire body according to Sharia and Afghan tradition. This is just a mirror of the regulations enforced during the Taliban’s previous rule from 1996 to 2001. Furthermore, women under the current Taliban regime cannot leave their homes without male guardians, which significantly curtails their freedom of movement.
In response to these practices, the UN Security Council adopted resolution 2681 in April 2023, condemning actions by the Taliban that prevent women from working and called for the safe participation of women in Afghanistan. Furthermore, Amnesty International and the International Commission for Jurists (ICJ) emphasised in a report released in May 2023 that the Taliban’s actions extending to Afghan women’s rights might construe gender persecution under international law. In addition, Human Rights Watch (HRW) suggested in a report published in September 2023 that the Taliban has been perpetrating gender-based persecution against women and girls in Afghanistan.