Afghanistan Protection Cluster – Protection of Civilians Working Group
AFGHANISTAN
Note for the Security Council Expert Group on the Protection of Civilians
(Discussion for the renewal of ISAF Mandate)
29 August 2013
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Key Protection of Civilians’ Concerns and Trends
As the security transition plan progresses rapidly towards its conclusion, it will be important for ISAF and the Government of Afghanistan to take measures to ensure that the ongoing implementation does not create or exacerbate protection of civilians concerns, risks and threats. Equally, ISAF should ensure that relevant information, in particular information relating to human security and the impact of the transition on communities, continues to be shared in order to inform humanitarian and protection analysis and programming.
1. Displacement
Key messages: Conflict-induced displacement continues its upward trend with over 60,000 new displacements registered during the first six months of 2013. Ground engagements have emerged as a significant contributing factor for conflict-induced displacement, characterized by short-term displacement, restrictions on civilians’ ability to flee, limited access to basic services and impeded humanitarian access.
In the first six months of 2013, the United Nations High Commissioner for Refugees recorded over 59,000 new conflict-induced displacements.
In 2013, internal displacement due to conflict continued its upward trend. As of 31 July 2013, according to UNHCR records, some 585,000 persons (91,000 families) have become internally displaced due to conflict. Between 1 January 2013 and 31 July 2013, UNHCR registered some 64,200 newly displaced persons (as well as an additional 40,000 persons who were displaced in late 2012, but could not be accessed until 2013). In July 2013, the principal reasons for displacement remained armed conflict (36.2%), general deterioration of security (31.8%) and intimidation or threats (10%).
In 2013, increased ground engagements have resulted in growing short-term displacements in rural areas, notably in Badakhshan, Faryab and Ghor Provinces. A concerning feature of many instances of displacement in 2013 is that they are the result of hostilities taking place in rural, isolated areas, for example in the north of the country, where government control may be perceived as being less robust. As a result, humanitarian actors often face logistical and security challenges in accessing the population of concern, and displaced communities also face difficulty in accessing vital services which may have been disrupted. In Ghormach recently, following an attack on the district centre which was repulsed by Afghan Security Forces, a large number of families were displaced to Badghis, Qaisar and Maimana City. Amongst the displaced families were families who had been displaced and returned home earlier in the year during ground engagements in Faryab, illustrating that in some cases, internally displaced persons are being displaced multiple times, with attendant traumatic disruption to family life and community, and very little opportunity to recover in between displacements.
The escalation in the number of incidents also has the potential to create new triggers for displacement and impediments to movement. In Helmand province, military operations have led to the reported displacement of some 4,000 families, most of whom are displaced within their districts, amid reports of restrictions on civilians’ ability to flee and other impediments such as checkpoints and mined roads.
In the Eastern region of Afghanistan for example, increased hostilities have been observed on the Jalalabad-Torkham main road. There are also reports of unauthorized checkpoints on the road, a practice that is usually confined to auxiliary roads in more rural areas. These bolder tactics are a cause for concern and could lead to further displacement with the unfolding of the security transition.
2. Civilian casualties
Key message: Civilian protection must be prioritized and clearly reflected in the new SCR for ISAF mandate in Afghanistan, particularly as the security and political transition accelerates to its conclusion in 2014.
In the first six months of 2013, UNAMA documented a 14 percent increase in civilian deaths and a 28 percent increase in civilians injured, an overall 23 percent increase in civilian casualties. These security gaps and skirmishes for control and territory gave rise to an increase in civilian casualties, IEDs, deliberate targeting/killing of civilians and explosive remnants of war. In addition, targeted killings and assassinations of civilians owing to their political profile or work with the government has engendered a general deterioration in the security environment. Armed groups proliferate in rural districts, unable to sufficiently penetrate and hold district centres, which are defended by pro-government forces, leaving civilians facing the brunt of the conflict.
3. Afghan Local Police (ALP)
Key Message: Increased reliance on ALP as a complementary community policing and security force must be accompanied by adequate training, equipment and accountability.
It is noted that welcome steps are being taken to correct concerns raised vis-à-vis the performance of the ALP. Increased reliance on the ALP to secure more remote areas has led to increased attacks by insurgents, often provoking displacement. In some areas of the country, ALP deployment has improved security and there is trust and confidence in them among local communities. However, reports of human rights abuses have been received particularly in the northern, northeastern and western regions. In some cases tribal and ethnic tensions have been exacerbated in communities where the ALP have deployed. Reports continue to indicate that in some areas, the ALP have contributed to a climate of general insecurity and impunity which culminated in displacement of communities. It has been reported that ALP have indulged in intimidation, harassment, assault, murder, robbery, abduction, banditry, extortion, illegal taxation (‘ushr’ tax levied on communities, particularly in northern and northeastern provinces), settling personal disputes, and other abuses.
4. Attacks and intrusions on medical and health facilities
Key messages: Increasingly a need to call for respect and compliance with standards that impose the duty on warring parties to not interfere with medical care for wounded or sick combatants and civilians, and not attack, threaten, or impede medical functions is being felt. Additionally, the ANSF/IMF and other parties to the conflict must permit sick and wounded to access medical services as soon as practicable. Parties to the conflict must abide by international humanitarian law provisions in relation to the use of medical facilities for military purposes, and the treatment of the wounded, sick and medical personnel and assets. Concerns persist over the limited medical evacuation and treatment capacity of the Afghan security forces, and the likely impact it could have on further constraining civilians’ access to vital medical sercices.
Humanitarian personnel and health facilities are protected under treaty-based and customary international humanitarian law, human rights law and medical ethics. However, a general climate of insecurity as a result of the conflict continues to impact the safety of humanitarian workers, in some cases preventing medical personnel from attending to their duties and patients from seeking timely medical assistance.
While AGEs account for majority of the recorded 125 incidents of violence against humanitarian personnel, facilities and assets during the first six months of 2013, health facilities and humanitarian workers were subjected to a sharp increase in ANSF/IMF intrusions. Notably, the number of ANSF/ IMF incidents that affected humanitarians doubled compared to the same periods in 2011 and 2012. A total of 22 incidents, over 80% of which impacted medical personnel and facilities were registered. Forced entries to compounds and clinics by expeditionary combat units and arrests of staff, and patients suspected of being AGEs or having linkages with AGEs occur, during or in the aftermath of engagements with AGEs.
The majority of the interferences registered in the first six months of 2013 were reported in the Eastern and Central regions where ANSF/ant –AGE operations expanded as follows: Nangahar- 8 incidents, Kunar – 4; Wardak – 3, Logar – 3; Parwan – 2; Nimroz 1 and Laghman - 1. In two extreme cases, forced compound entries prevented staff from delivering services during periods of between 2 to 5 days in Logar and Nangahar respectively. Additionally, during the same ANSF/IMF joint operations in Nangahar in March, not only were health facilities occupied and used as temporary holding centers for suspected AGEs but some civilian homes were also occupied and used for the same purpose. As the ANSF are increasingly forced to rely on civilian medical infrastructure, there is a greater risk of such services being subject to direct attack, placing civilian users of such facilities in grave danger. One such attack on a medical facility occurred in Farah province, where ALP were being treated. Parties to the conflict sometimes commandeer medical transport, thus depriving civilians of their use. A further issue is the interdicting of medical transport at official and unofficial checkpoints, which again impacts negatively on civilians.
5. Detention
Key messages: Detentions, whether of humanitarian personnel or of children, must be undertaken in strict accordance with applicable legal provisions and standards. During the transition period the Action Plan on Child Recruitment must be taken forward in accordance with its provisions.
(a) Humanitarian personnel
The number of humanitarian personnel detained by the pro-government forces registered a sharp increase in 2013 compared to the same period in 2012, notably 20 were arrested and detained, 5 of whom still remain in custody.
(b) Children
Armed forces and armed opposition groups continue to recruit and use under 18 year olds. These children are often doubly victimized and detained on national security-related charges. In several instances, the children are initially detained by the International Military Forces and then transferred to the National Directorate of Security and subsequently sent to Juvenile Rehabilitation Centres. Children are being held for indefinite periods of time in these detention facilities on charges such as association with the Taliban, terrorist activities, planting of IEDs, carrying explosive devices and ‘helping the enemy’.
6. Clearance of ERWs from military bases, ranges and battle areas
Key messages: ERW contamination continues to feature as a key protection of civilians concern; it is estimated that 830 square kilometers of military firing ranges, and many battlefields will require clearance by international military forces. During transition and beyond, military directives must be continuously reviewed to minimize civilian casualties, and ERW clearance from conflict-affected areas must be prioritized, including from military bases that have been vacated, disused firing ranges and battle areas.
Under Protocol 5 of the Convention on Certain Conventional Weapons (CCW), parties to the conflict bear responsibility with regard to all explosive remnants of war in territory under their control. The parties are also required, subject to certain qualifications, to record, retain and provide information on their use of explosive weapons. From the onset of NATO operations in Afghanistan in December 2001 to date, many military bases and firing ranges have been established across the country, many of which have apparently not been sufficiently cleared, whilst a majority of military operations have also left behind UXOs in battlefields. So far 72% of all recorded casualties by UNMAS/ MACCA are caused by such ERWs. From 2008 to date, 53 accidents that resulted in 11 deaths and 42 injuries have been recorded in 9 provinces, 4 regions, 16 districts and 18 villages. 82% of the casualties are children. Most of the reported casualties were registered in 2012; 2013 has seen huge increases in the number of reported incidents.
Afghanistan has already negotiated a 10-year extension to the Anti-Personnel Mine Ban Treaty to enable it to clear 540 square kilometers of mine fields. In addition it is estimated that 830 square kilometers of military firing ranges, and many battlefields will require clearance. While clearance of firing ranges and battlefields is a lot quicker than clearing mined areas, it will require a total estimated budget of 300 million US dollars over the next five years. A key challenge in this endeavour remains the lack of data on the locations of bases, firing ranges, battlefields and clearance that might have been undertaken. There is also a disconnect between base closure and tasking of ISAF clearance teams through ISAF MAC. According to MAC out of the 400 bases they have only been tasked to clear 5. Classification of the different types of land, proper technical survey including that on the type of weapon used and consolidation of the data remains a key requirement.
7. Housing, land and property
Key messages: Commitment from ISAF and the Government of Afghanistan to ensure an accountable, transparent and comprehensive approach to the restitution of the housing, land and property used in the implementation of the NATO mandate in Afghanistan. GoIRA should ensure that any organization or trust established to handle this issue should be consultative, transparent and involve all relevant stakeholders. Particular attention should be paid to the needs of vulnerable groups, including women, children and ethnic minorities
International Military Forces and the Government of Afghanistan should also ensure that there is a detailed plan for return of the land (including farmland, houses, water sources, etc.) allocated to the IMF for the purposes of setting up ISAF bases (including Provincial Reconstruction Teams (PRTs). A comprehensive approach is also critical bearing in mind that land conflicts are very common in Afghanistan and that ownership of land is being regulated by a complex set of customary, religious and statutory law and successive regimes have used land allocation policies as a means of rewarding and consolidating their own support thus jeopardizing the rights and contributing to further displacement of ethnic minorities and vulnerable populations. Discussions are apparently underway regarding the establishment of a governmental body to ensure return of the said land or properties or monetary compensation by the Government of the Islamic Republic of Afghanistan. Precise details are yet to emerge.
8. Recommended language and revised language from SCR 10786
UNAMA-Human Rights recommends that the language of the SCR recognizes ISAF’s role in supporting ANSF to reduce civilian casualties from their operations and to take measures to protect civilians from the impact of conflict and mitigate the threat from insurgent attacks.
Expressing concern with the increase in civilian deaths and injuries documented in the 31 July 2013 protection of civilians report by UNAMA, reaffirming its commitment to support Afghan Security Forces to take all feasible steps to ensure the protection of civilians, particularly as security and political transition accelerates to its conclusion in 2014.