MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse on boys in Logar Province

17.12.2019 - (2019/2981(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Erik Marquardt, Hannah Neumann
on behalf of the Verts/ALE Group
Fabio Massimo Castaldo

See also joint motion for a resolution RC-B9-0242/2019

B9‑0243/2019

European Parliament resolution on Afghanistan, notably the allegations of sexual abuse on boys in Logar Province

(2019/2981(RSP))

The European Parliament,

 

- having regard to its previous resolutions on Afghanistan, notably on the EU-Afghanistan Cooperation Agreement on Partnership and Development of 13 March 2019 and on the situation in Afghanistan of 14 December 2017;

 

- having regard to the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part;

 

- having regard to the statement from the Group of Friends of Children and Armed Conflict (CAAC) regarding allegations of sexual abuse of boys in Logar province and subsequent actions against human rights defenders of 3 December 2019;

 

- having regard to the EU Guidelines for the promotion and protection of the Rights of the Child, on Children and Armed Conflict and on Human Rights Defenders;

 

- having regard to the Report of the United Nations Secretary-General on Children and Armed Conflict in Afghanistan of 2019;

 

- having regard to the UN Convention on the Rights of the Child;

- having regard to the Universal Declaration of Human Rights;

 

- having regard to the International Covenant on Civil and Political Rights;

 

- having regard to Rule 144 of the Rules of Procedure

 

 

A. Whereas human rights defenders Mohammad Musa Mahmudi and Ehsanullah Hamidi reported that Afghan government officials in Logar province had sexually assaulted more than 500 boys in recent years, after which they were arbitrarily detained by the National Directorate of Security when they were on their way to meet the EU Ambassador in Kabul; whereas they were both released on 27 November 2019;

 

B. whereas human rights defenders in Afghanistan are suffering intensifying attacks from Afghan authorities and armed groups, and are continuously subject to harassment, intimidation, threats and violence; whereas the Afghan government has repeatedly failed to investigate attacks on human rights defenders;

 

C. whereas children in Afghanistan are often subject to early marriage, forced labour, human trafficking and violence; whereas girls in Afghanistan fleeing domestic violence have also being subject to detention, despite President Ashraf Ghani´s promise to adopt a zero tolerance policy towards violence against women; whereas according to the United Nations Population Fund, 87% of Afghan women and girls experience abuse in their lifetime, reflecting the deep-rooted problem of gender-based violence in Afghanistan; whereas only one third of girls in Afghanistan attend school;

 

D. whereas the war in Afghanistan has had disastrous consequences for children in the country; whereas between 2015 and 2018 at least 12 599 children were killed or maimed, representing almost a third of all civilian casualties; whereas according to UNAMA in 2018 airstrikes of the Afghan Air Force and United States air operations caused 492 injuries and deaths among children, an 85% increase compared to 2017; whereas the Afghan national security forces and armed groups have continuously recruited children to combat, as well as for sexual purposes; whereas poverty, limited access to basic services and the absence of social protection have put children in a particularly vulnerable position and have contributed to their recruitment by parties in the conflict;

 

E: whereas sexual violence against children in Afghanistan remains highly underreported for fear of stigma and impunity; whereas sexual violence and abuse against children is a worldwide problem, including in Western societies where cases of large-scale sexual abuses, including by priests in the Catholic church, still lack accountability and fail to ensure the victim´s protection;

 

F. whereas according to the 2017 report of the US Special Inspector General for Afghanistan Reconstruction, the US military was aware of the cases of sexual abuse and violence of children by Afghan security forces, but did not report them; whereas US legislation bars US military units from providing funds, training or other aid to foreign military units involved in serious human rights abuses; whereas no further action was taken in this regard;

 

G. whereas Afghanistan revised its Penal Code in 2018 criminalising the sexual abuse of children; whereas in 2019 the Afghan authorities adopted a Law on Protection of Child Rights; whereas the enforcement of the provisions criminalising recruitment and use as well as sexual violence and abuse of children still remains a challenge;

 

H. whereas in the 2017 UPR Afghanistan accepted the recommendation to strengthen the framework of protection for human rights defenders; whereas in the latest UPR of 2019 this recommendation has been issued again;

 

I. whereas President Ashraf Ghani announced that he ordered the Ministry of Education to undertake a thorough investigation; whereas one of the alleged perpetrators was removed from his position in the Logar province and was subsequently assigned to the Ministry of Education; whereas this arises fears of partiality and lack of accountability;

 

 

1. Commends the work of Mohammad Musa Mahmudi, Ehsanullah Hamidi and all human rights defenders in Afghanistan, who operate in one of the most hazardous conditions in the world, are threatened by state and non-state actors and are not protected to carry out their work without fear of reprisals; stresses that Afghan authorities must in all circumstances ensure that human rights defenders are able to carry out their human rights work free of threats, intimidation, and impediment; urges the Afghan authorities to ensure the full implementation of the International Covenant on Civil and Political Rights, of which it is party;

 

2. Calls on the Attorney General´s office to launch an independent an impartial investigation into the allegations of sexual abuse and violence against boys in Logar province which ensures the victims´ rights and their protection;

 

3. Calls on the Afghan government to immediately suspend from their positions the persons allegedly implicated in the cases of sexual abuse and violence until the investigation has been concluded, and to provide the victims and their families with the necessary psychological and social support;

 

4. Calls on the Attorney´s General office to launch and independent and impartial investigation into the arbitrary detention of the human rights defenders who were arrested after they reported the cases of sexual abuse and violence, and who were subsequently released;

 

5. Urges the Afghan government to swiftly enforce the revised Penal Code and the Law on Protection of Child Rights in order to ensure full accountability for the cases of sexual abuse and violence against children;

 

6. Calls on the EU delegation and the EU Member States with diplomatic missions on the ground to fully implement the EU Guidelines on Human Rights Defenders and to provide all appropriate support to the human rights defenders detained; recalls the importance for the EU Delegation and EU Member States to fully implement the EU Guidelines for the promotion and protection of the Rights of the Child, on Children and Armed Conflict;

 

7. Calls on the EEAS to raise the need for accountability for the cases of sexual abuse and violence against children in the political dialogues held with the Afghan authorities;

 

8. Stresses the importance of access to education for girls as one of the tools to enhance women and girl´s empowerment, achieve gender equality and fight against gender-based violence; calls on the EU to include girl´s access to education in its development programmes in the country;

 

9. Deplores that no action was taken after the report of the US Special Inspector General for Afghanistan Reconstruction was published, enduring the impunity of the cases of sexual abuse and violence; is deeply worried about the increase of deaths of children in the last year and reminds all actors of their obligation to respect international humanitarian law;

 

10. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Governments and Parliaments of the Member States, and the Government and Parliament of Afghanistan.