"Before the Taliban‘s return in 2021, Afghanistan had made notable strides in promoting transparency and civic engagement through progressive laws governing information access. These landmark measures, praised internationally, represented small but significant steps toward strengthening the country’s nascent democracy. However, with the Taliban in power, these gains were swiftly dismantled, leading to a dramatic erosion of the free exchange of information and a gradual silencing of voices within the country.
This policy paper examines the profound consequences of the Taliban’s assault on the right to information, emphasizing the erosion of established norms and their replacement with arbitrary decrees. The measures in these decrees to control the media and restrict access to information are systematic and targeted. Actions such as banning demonstrations, implementing strict guidelines for journalists, censoring foreign media, and suppressing criticism serve to manipulate public perception. These measures ensure that only information aligning with the Taliban‘s agenda is disseminated. The Taliban‘s violations constitute a flagrant breach of fundamental international legal standards, including the right to life and freedom from torture. Their actions not only infringe upon these essential human rights but also disrupt humanitarian aid efforts for Afghanistan and undermine the international rules-based order. The lack of information about the Taliban’s engagement with terrorist organizations leaves the global community in the dark.
To address this crisis, the international community must isolate the Taliban and seek justice for their crimes against vulnerable populations in Afghanistan. Strengthening global and exile media is crucial for documenting and exposing these violations. The paper further recommends intensifying pressure on the Taliban to compel a reduction in their draconian measures and to restore some measures of information freedom." (Executive summary)
1. EXECUTIVE SUMMARY, 4
2. INTRODUCTION, 5
3. THE AFGHAN LEGAL ARCHITECTURE AND PRE-2021 INSIGHTS REGARDING ACCESS TO INFORMATION, 6
Assessment of the access to information law -- Practices on the ground
4. NAVIGATING IN THE DARKNESS OF THE TALIBAN, 8
Suspension of national laws -- Islamic Sharia as a substitute -- Decrees, edicts and circulars -- The Taliban’s grip on information
5. INFRINGEMENT OF INTERNATIONAL OBLIGATIONS, 11
Immense human rights crisis in the absence of information -- A chilling effect on the international rule-based order
6. CONCLUSION AND RECOMMENDATIONS, 13