November 27, 2024
By Xari Jalil
LAHORE
A recently released report by the United Nations’ Assistance Mission in Afghanistan and the UN Human Rights Office of the High Commissioner (OHCHR) has observed the extent of clampdown on media freedoms under the Taliban rule. The report is part of a series of thematic studies on the current human rights issues of concern to the people of Afghanistan. It also documents incidents of human rights abuse and violations.
From August 15, 2021 when the Taliban took over, to September 30, 2024, the UN report documents instances of human rights violations affecting 336 journalists and media workers – 256 instances of arbitrary arrest and detention (249 men, 7 women), 130 torture and ill-treatment (122 men, 8 women) and 75 threats or intimidation (66 men, 9 women).
The report finds that the lack of transparent procedures causing the violations, and the use of intimidation, arbitrary arrests and detentions on critics of the de facto authorities, have ended up in creating a culture of self-censorship and have curbed freedom of expression.
International Agreements
As a state party to the ICCPR, Afghanistan has the responsibility to promote, protect and fulfil human rights and to ensure that all individuals, including journalists, can exercise their right to freedom of expression. This also means providing an enabling environment where the media sector can operate safely and independently, as well as holding perpetrators of attacks on media workers accountable.
The Taliban Takeover
Under the previous Afghan government, the media sector grew rapidly in the country. There was a broadening of media platforms and greater access to more diverse domestic sources of news and information. After the de facto takeover by the Taliban however, on 15 August 2021, a large number of media outlets ceased their operations.
This is because of various factors, including loss of revenue stemming from the overall economic difficulties of the country, the withdrawal of donor support after the Taliban takeover, an exodus of journalists, as well as various restrictions imposed by the de facto authorities.
The de facto authorities continue to create an extremely challenging operating environment for media, including but not limited to censorship and difficulties in accessing information.
Journalists and media workers are subjected to intimidation, arbitrary arrest and detention, ill-treatment, court proceedings and imprisonment for performing their functions.
It was observed that the de facto authorities have been regularly interfering with editorial content and internal operation of media outlets, which was another main reason for substantially diminishing media freedom.
Making it Official
On September 19, 2021, the ‘Government Media and Information Centre’ issued an 11 point ‘guidance to media’, forbidding the publication of content deemed contrary to Islam and Afghan culture, or more broadly deemed to be against national interests.
Media are often required to coordinate and seek approval from the de facto authorities prior to publishing a report, while news agendas are subjected to pre-vetting, which is tantamount to censorship. What constitutes content in violation of the guidance on editorial content is subject to broad and uncertain interpretation.
The fact that violations, or perceived violations, can lead to severe punishment creates a pervasive culture of self-censorship among journalists. As these instructions aim at limiting the range of permissible topics for public discourse and in penalizing media outlets being critical of the de facto authorities, they are incompatible with the conditions needed to limit freedom of expression under the ICCPR.
Restrictions: Crackdown on Journalists
There are a range of restrictions imposed on media outlets.
These include prohibition on broadcasting music or movies deemed against Sharia (including those showing women). At offices of media outlets, men and women must work in segregated workspaces, and male and female broadcasters must not appear in a programme together. In some provinces, women are not allowed to even make phone calls into radio programmes, with an exception for those on health or religious issues concerning women.
A publication of the law ‘Promotion of Virtue and Prevention of Vice’ on August 24, 2024 has codified restrictions already in place, expanded on existing ones and added new restrictions.
The new restrictions that particularly concern the media sectors include the prohibition to create or display images of living beings, the voice of women is now considered private and should be concealed outside of a woman’s home, and drivers are not allowed to provide transportation to women without a mahram (male guardian).
In addition, Article 17 of this Law extended power to de facto MPVPV inspectors to ensure contents of publication or public information are following Sharia as prescribed by the de facto authorities.
In a bid to escape these impositions, some Afghan media outlets, relocated their operations to other countries, after 15 August 2021, and they continue to produce media content for an audience inside Afghanistan. These “media-in-exile” or “diaspora media” are considered by the de facto authorities to be operating ‘illegally’, which makes those journalists working in the country for these outlets vulnerable to arbitrary arrests and detentions. The outlets are legally registered in other countries, and their operations continue.
Restrictions: Moral Policing
The most vulnerable of all remain female journalists who are subjected to additional restrictions on women in general, such as the hijab decree, and they are required to be accompanied by a mahram for travel over 78km. In some provinces, the voice of women is not allowed in radio broadcasts.
In various instances, women are required to obtain an additional permission letter to access reporting sites, a procedure which is not always required for male journalists. There were also instances when female journalists were not invited or not allowed to attend press conferences. Officials of the de facto authorities regularly refuse to be interviewed by a woman.
The Law on Promotion of Virtue and Prevention of Vice creates further challenges for women in the media sector and the full scope of its impact on the sector remains to be seen.
Response from Media Sector
In spite of these restrictions, in 2023, the number of male media workers increased by 10% and female media workers by 17%, as compared to 2022.
Radio stations managed and staffed by women continue to operate in some provinces. A number of new media outlets have also become operational since 2023.
This reflects the constant efforts by the media sector in negotiating its operating space with the de facto authorities and how it has become more adapted to its current complex operating environment.
In addition, access to information has reportedly improved as a result of spokespersons being appointed in de facto line ministries and departments and the distribution of journalists’ identification cards. Nonetheless, access to information remains challenging. The various restrictions imposed on women limit female journalists and media workers to fully perform their functions and are incompatible with the principle of non-discrimination provided for under international human rights law.
Shortly before the Taliban takeover on 15 August 2021, Afghanistan had approximately 543 media outlets employing approximately 10,790 media workers. However, by November 2021, 43% of these outlets were closed, with only 4,360 media workers remaining. Reportedly, more than 84% of female media workers lost their jobs in the media sector soon after the takeover.
According to Reporters Without Borders’ Press Freedom Index, Afghanistan’s press freedom has dropped sharply in recent years, falling from 118th place (out of 180) in 2018 to 178th place in 2024. On 18 November 2022, Afghanistan’s membership in the Media Freedom Coalition was revoked as the country had not met the Global Pledge on Media Freedom that the Government of the Islamic Republic of Afghanistan had signed in 2020.