UN Experts Urge Inclusion of Afghan Women in Crimes Against Humanity Treaty Talks

The experts described Afghanistan as one of the clearest and most urgent examples of why survivor participation is indispensable in international lawmaking.

 

United Nations human rights experts have called on States to ensure the meaningful participation of Afghan women leaders and gender justice activists in the imminent negotiations on a new Treaty on the Prevention and Punishment of Crimes Against Humanity, warning that the treaty’s legitimacy depends on whose voices shape it.

In a statement issued today, the experts stressed that the treaty must not be drafted in isolation from the lived realities of those experiencing mass atrocities—particularly Afghan women and girls, who have faced systematic repression since the Taliban retook power in 2021.

“For the treaty to be a transformative instrument of justice, it cannot be drafted in a vacuum,” the experts said. “Its credibility will depend on whether it enables the meaningful participation of those living under the very atrocities the treaty seeks to prevent.”

Afghanistan highlights urgency of survivor-led justice

The experts described Afghanistan as one of the clearest and most urgent examples of why survivor participation is indispensable in international lawmaking. Since 2021, Taliban authorities have imposed sweeping restrictions aimed at erasing women and girls from public life, including banning girls’ education beyond grade six, severely limiting women’s right to work, and criminalising their visibility in public spaces.

They emphasised that Afghan women in civil society are not merely witnesses, but primary experts on the systematic oppression they face.

“Their voices are authoritative sources,” the experts said. “Their participation is essential if international law is to evolve in ways that respond to the atrocities unfolding today.”

Call to recognise gender apartheid as a crime against humanity

The experts urged States to heed calls from Afghan women, LGBT+ activists, and gender justice advocates to explicitly include gender apartheid as a crime under the new treaty.

They argued that naming gender apartheid is a critical legal step toward accountability, ensuring that international law captures the full scope of gender-based persecution carried out through laws, policies, and institutional practices.

“Naming gender apartheid is a necessary step toward dismantling it,” the statement said.

Ensuring safe and inclusive participation

The experts called on negotiating States and the UN to guarantee inclusive and safe participation of women’s organisations throughout the treaty negotiations. This includes providing equal opportunities for non-ECOSOC-accredited organisations and individuals to participate and speak during negotiations.

They also urged States to embed gender-responsive provisions throughout the treaty and to strengthen broader support for Afghan women and gender-diverse persons.

Recommended actions include:

• Preventing the normalisation of the Taliban’s de facto regime

• Establishing safe, legal, and long-term immigration pathways

• Providing sustained funding for women-led civil society organisations

A test of international resolve

The experts concluded that the treaty negotiations represent a test of the international community’s willingness to stand in solidarity with those facing systematic gender-based persecution.

“We must provide a legal name for lived realities,” the statement said. “Only then can the international community hold perpetrators accountable for the totality of their crimes.”