Apartheid de genre en Afghanistan : Quand la réalité dépasse le droit international

Gender Apartheid in Afghanistan: When Reality Outpaces International Law

Quand le droit international tarde à nommer le crime, l’oppression gagne du terrain.
➡️ Deux forums (La Haye, Sénat français) convergent : l’exclusion des femmes afghanes est systématique, intentionnelle, étatique.
➡️ Ce texte explique le vide juridique qui bloque l’accountability et pourquoi l’Afghanistan est devenu un cas-test pour le droit international.

By Dr. Amna Mehmood
Senior Scientist | Independent Analyst and Invited Participant
Afghan diaspora representative engaged in women’s rights and education initiatives

Une image contenant personne, habits, intérieur, Visage humain Le contenu généré par l’IA peut être incorrect.

On 11 December 2025, the Permanent Peoples’ Tribunal (PPT) presented its verdict on the situation of  Afghan women and girls, in The Hague. Two days later, on 13 December 2025, the French Senate hosted a high-level colloquium entitled “No Peace Without Women: Their Representation in Diplomatic, Military and Political Bodies,” convened by Patricia Elias, launcher of the global petition « No Peace without Women , and held under the high patronage of Senator Hélène Conway-Mouret.

These two forums, one judicial, moral, the other parliamentary-political, converged on the same conclusion: the exclusion of Afghan women is systematic, intentional, and state-imposed. Yet they also exposed a persistent legal failure. Evidence is abundant. Testimony is public. Political concern is voiced. What remains unresolved is whether international law will evolve to name and confront gender apartheid as a direct and prosecutable crime, or whether it will continue to acknowledge the reality without consequence.

Afghanistan: From Discrimination to Systematic Erasure

Since the Taliban’s return to power in August 2021, Afghan women and girls have been progressively removed from nearly every sphere of public life. Girls are banned from secondary and higher education. Women are excluded from most work, restricted in movement, and pushed into legal invisibility. Institutions designed to protect women’s rights have been dismantled.

International bodies have repeatedly noted that these measures are neither isolated nor temporary. They constitute a coherent governance system: women are excluded not as individuals, but as a category. The objective is not regulation within society, but removal from society itself.

This reality echoed throughout the Senate colloquium, where speakers emphasized that women have become the primary targets of political control, targets not incidental to policy, but central to it.

The Colloquium’s Political Premise: No Peace Without Women

Opening the colloquium, Senator Hélène Conway-Mouret anchored the discussion in a fundamental principle: “Women’s rights are human rights,” stressing that this is a collective responsibility, not a rhetorical slogan. She insisted that the struggle for gender equality is not only a women’s struggle, but one that concerns all of humanity. In a world destabilized by conflict, from Ukraine to Afghanistan, she emphasized that peace is not possible where women are excluded from diplomatic, military, and political decision-making.

The colloquium did not treat women’s exclusion as a marginal issue. It treated it as a peace and security problem, one that reveals whether political institutions will uphold their stated commitments when confronted with systematic oppression.

Patricia Elias: From Global Conflict Data to the Afghanistan Reality

In her remarks, Patricia Elias framed the event around a global crisis of escalating war and declining peace. Citing the 2025 Global Peace Index, she stated that 78 armed conflicts involving states are now recorded worldwide, the highest number since the Second World War, while global peace has reached historic lows. Yet, she noted, only 0.52% of war-related spending is devoted to peacebuilding, exposing a profound imbalance between what the world funds and what it claims to value.

Within this “global climate“, Elias argued, women are not collateral damage; they are often priority targets. Rape, forced displacement, abduction, and enslavement are not accidents of conflict, but deliberate weapons used against women. Against this backdrop, Afghanistan is not merely a tragic case; it is an extreme test of whether the international community treats women’s rights as enforceable obligations.

Voices from Afghanistan: “Stop Hiding Behind Diplomatic Language”

The Afghanistan panel carried the moral clarity of lived testimony, often more direct than institutional statements permit.

Marzieh Hamidi, an Afghan athlete  described her life as an Afghan born in Iran into discrimination, shaped by the belief that girls like her were never meant to dream aloud. She rejected that imposed silence and insisted that Afghanistan remains present “in every woman, every story, every injustice.” She rejected the framing of the crisis as complicated or culturally ambiguous:

This is not a misunderstanding, she said. It is a systematic and intentional erasure of a gender, “no school, no sport, no freedom, no identity, not even the right to exist.” It is not culture or tradition. “It is a crime,” she argued, and the world must stop masking reality through euphemism: “We must stop hiding behind diplomatic language.” She warned that what is happening to Afghan women is not a distant problem, but a global warning: silence is not neutral; silence becomes complicity.

Nigara Mirdad, a former Afghan diplomate and women rights activits, reinforced the systemic nature of the policies through concrete indicators. The she stated that since 2021 the Taliban have issued more than 250 decrees, with a substantial share directly restricting women’s rights. She described the closure of schools and universities to girls and women and the widening bans on women’s work and access to services, emphasizing that political statements and symbolic support have become insufficient. Her message was explicit: declarations are no longer enough; action is required.

These testimonies did not simply illustrate suffering. They defined the legal and political problem: the evidence is not disputed; what is missing is enforcement consistent with the gravity and intent of the oppression.

The Permanent Peoples’ Tribunal: Findings and Legal Assessment

The Permanent Peoples’ Tribunal is not a criminal court and does not issue binding judgments. Its role is to examine situations where grave violations persist despite insufficient action by formal institutions, and to establish a rigorous moral and legal record grounded in international law.

In its  session on situation of women in Afghanistan, the Tribunal reviewed testimony from Afghan women, expert legal analysis, and documentary evidence. It concluded that the Taliban have imposed a systematic and intentional regime of gender-based exclusion enforced through state authority. The Tribunal found that the purpose and effect of this regime is the erasure of women and girls from social, political, cultural, and intellectual life. It characterized these acts as gender-based persecution and identified elements consistent with crimes against humanity, explicitly rejecting cultural or religious justification as a defense.

In plain terms, the Tribunal concluded that Afghan women are being removed from society by design.

Professor Rashida Manjoo: The Legal Gap That Blocks Accountability

A central contribution at both the Tribunal and the Senate colloquium came from Professor Dr. Rashida Manjoo, former UN Special Rapporteur on violence against women and a judge of the Permanent Peoples’ Tribunal.

Her analysis illuminated the core legal barrier. International law recognizes apartheid as a crime, most prominently through the 1973 Apartheid Convention and the Rome Statute of the International Criminal Court, but it defines apartheid explicitly in relation to racial domination. There is no explicit codification of apartheid based on gender.

Yet, she argued, the Taliban’s policies exhibit the structural characteristics of apartheid: systematic domination, segregation, institutionalized exclusion, and intent to maintain that system. Afghanistan meets key constitutive elements of an apartheid-like regime, but because the discrimination is gender-based rather than race-based, the legal naming remains indirect.

This is the point where reality outpaces law. The conduct is visible. The intent is coherent. The system is public. What remains missing is the precise legal classification that converts recognition into enforceable accountability.

Manjoo outlined the normative pathways: codifying gender apartheid through future crimes-against-humanity instruments, through amendments to the Rome Statute, through an additional protocol to existing apartheid frameworks, or through a new treaty. The aim is not rhetorical: it is to make the law capable of naming what it already sees.

Evidence Without Enforcement: The Structural Failure

Across the panel, a recurring critique emerged: the international community has developed sophisticated language, humanitarian statements, diplomatic condemnation, resolutions, but has failed to deliver proportionate legal and political consequences. In practice, there is often a gap between formal recognition and operational reality.

Even where legal developments exist, speakers emphasized that implementation is uneven and delayed. The result is a recurring pattern: a world that can describe the crime but hesitates to confront it as a crime.

This failure is not merely technical. When oppression is systematic, deliberate, and enforced through state power, the absence of a matching legal framework becomes a form of structural permission. It signals to perpetrators that the world will speak, document, and debate, yet remain unwilling to apply tools equal to the scale of the violation.

Afghanistan as a Test Case for International Law

Several speakers framed Afghanistan as precedent-setting. If international law cannot respond adequately to a comprehensive, state-imposed system of gender-based domination, similar regimes elsewhere may remain insufficiently challenged.

As an invited participant in the Senate colloquium and as a member of the Afghan diaspora engaged in women’s rights and education initiatives, I observed a rare convergence between legal analysis, political debate, and lived testimony. The unresolved question is whether this convergence will translate into institutional action.

From Documentation to Responsibility

The Tribunal has documented the evidence. Parliamentary institutions have debated the implications. Testimony is public. The record is visible.

At this stage, continued inaction cannot credibly be explained by lack of information or uncertainty. When systematic oppression is documented, debated, and publicly enforced, silence is no longer neutral. It becomes a choice, and that choice carries responsibility.

Whether international law will evolve to name and confront gender apartheid will shape not only the future of Afghan women, but the credibility of the international legal system itself.

References

Rome Statute of the International Criminal Court (1998).

Permanent Peoples’ Tribunal. Verdict on the Situation of Women and Girls in Afghanistan. The Hague, 11 December 2025.

French Senate Colloquium. “No Peace Without Women: Their Representation in Diplomatic, Military and Political Bodies” (including Afghanistan panel session). Paris, 13 December 2025. Video recording available on YouTube.

Elias, P. Opening remarks and panel framing (including Global Peace Index data; peacebuilding expenditure vs war expenditure). French Senate Colloquium, Paris, 13 December 2025. Video recording available on YouTube.

Conway-Mouret, H. Opening address. French Senate Colloquium, Paris, 13 December 2025. Video recording available on YouTube.

Manjoo, R. Legal assessment remarks on persecution, crimes against humanity, and the codification gap for gender apartheid. French Senate Colloquium, Paris, 13 December 2025. Video recording available on YouTube.

UN Security Council Resolution 1325 (2000).

UN Security Council Resolution 1820 (2008).

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973).

13 décembre 2025


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