Bitter Memories and Unknown Future: What will happen to the Free Press in Afghanistan?

On 15 August 2021, in the morning, rumours started circulating on social media that the Taliban had entered Kabul, the capital of Afghanistan. I was at my office and was looking for the confirmed news on social media. As chaos took over our office, it was confirmed around noon that Taliban had taken over Kabul. Many photos of the Taliban riding in military vehicles on Kabul streets were posted on social media.  Shortly, the then president of Afghanistan fled the country with some of his ministers and advisers. The government system collapsed, governmental agencies were closed and the Taliban took over Afghanistan. Several critical events in a single day put Afghan people in an unexpected and concerning situation. Many people decided to close their businesses for some days or even forever, many more decided to flee the country.

I was then working as video editor and photographer for Etilaatroz Newspaper. I had worked for nearly two years for the newspaper and I sometimes used to write the text of video reports, beside editing and photography. After the collapse of Kabul, our work decreased and the workload reduced. Some of our colleagues left the office in the afternoon on 15 August and went to their homes. The anarchy in the city made everyone worried and terrified, and our major concern was the possibility of an armed conflict or getting stuck in a bloody war.

A few days later, people started returning to their jobs and businesses. The Taliban were trying to facilitate for their leaders to come to Kabul to carry out talks and decide on the establishment of a cabinet and a new government for Afghanistan.

The fall of the government and the subsequent rule of Taliban were full of important events, events which should have been covered and reported by journalists around the country. Unfortunately, a number of media outlets stopped their operations and were closed. Many journalists lost their jobs and access to information in different cities and provinces was quite difficult. The rule of the Taliban, who had committed many attacks against the right to freedom of expression for decades, including direct attacks against many Afghan journalists, made us more concerned and terrified than ever before.

The situation in our office was disappointing and it was intolerable for me that I was unable to continue working for Etilaatroz Newspaper. In spite of fear of reprisals from the Taliban, I thought that they might stand on their promises made during Doha Talks in Qatar and would allow journalists and media outlets to continue working freely and safely.  Therefore, my hope motivated me to cover women protests in response to the removal of the Ministry of Women Affairs from the cabinet on 8 September 2021.

The protests were held in different parts of Kabul. My colleague Nemat Naqdi and I went to PD-3 (Police District-3) of Kabul to cover the protest. We started filming when women gathered and started the protest, but the Taliban tried to stop us and simply told us not to film. We asked about their reason but received no answer. After that, one of them took me to the PD. Before entering the PD, I thought they had brought me to talk and negotiate but I soon realized what awaited me: I was tortured until I fainted. They kept me in one of the rooms of the PD for four hours. I fainted several times and would regain consciousness when they would spray cold water on my face.  

Every time I would regain consciousness, I felt like I was inside an oven. My whole body would burn and my body kept losing strength, making me to faint again and again. Finally, when they told us that we were free, I felt happy that we would at least get out. While we were waiting in the PD to receive our belongings, which had been taken from us before they started torturing us, several of them, all of my age who were carrying heavy weapons, gathered around us. I asked them, ”Why are you torturing us? What is our crime? Is torturing the only way? Is not torturing someone like this so cowardly?” One of them said: “Did I torture you? I did not and you know it.” Another one said: “Thank God that I was not there, or else, I would have beheaded you (pointing under his throat)”.

That was my last working day for Etilaatroz Newspaper. When I returned to the office from the PD, most of my colleagues and friends had been waiting me there. The news of our torture had already been widespread. My cell phone was full of missed calls; my parents, family members, and many friends called me. When I entered the office, I saw their sad faces and eyes full of tears. Seeing them was more painful than the lashes of the Taliban. When I was finally able to sit down, I told some jokes to make them laugh. After that my parents called me, I lied by telling them I received only three lashes from the Taliban but my body was full of wounds from the torture I was subjected to.  

After that day, many friends came to visit me. Their presence was a source of encouragement, and I could for a moment forget what had happened to me. After the incident, I used to go to the office to talk and give interviews to journalists—both foreign and local—to bring the attention of the international community and media support organizations to the deplorable state of journalists and the media under the rule of Taliban. During the meetings, my family members accompanied me as I could not have meetings alone for some days. The period after my detention was traumatic. During the days I could not sleep and at nights I had nightmares about what happened to me, which kept me awake till morning.

After one month, a US organization helped me to get out of Afghanistan. I said goodbye to Kabul on 3 October 2021 and migrated to USA with a hope for safety and freedom. It took almost two months to get to the USA and where I started a new life. I feel safe here but I still lack psychological security.

The memories of the past few months still haunt me, even after arriving in the USA. Lack of support of the international community and media supporting organizations, the closure of many local media outlets, journalists’ unemployment and having seen many of my colleagues fleeing to different countries, coupled with the imposition of severe restrictions on the media by the Taliban, repeated torture of journalists, failure to achieve our wishes for our country, losing the values that we have fought for years to achieve and the daily painful events which happen to the people of my country completely destroy me. Every day I ask myself—what was our fault that we are in such adversity and miserable situation and why is prosperity impossible for us? Unfortunately, remembering my bitter memories is always difficult for me and whenever I remember that day, I instantaneously cry. I cry for the failure to fight for a humane society, good government, and a peaceful environment in the country which will never come true.

I wrote this note on the occasion of May 3, World Press Freedom Day. I kindly request all media supporting organizations to defend the few free and independent media outlets that are still running of Afghanistan. We need your support more than ever in order to keep the right to freedom of expression alive in Afghanistan and fight once again for a society in which human rights are a reality. Please do not allow our despair and distress to continue and do not let us feel alone in this struggle. Your cooperation and support can be like recovery for my pains and can save me from despair. Undoubtedly, with your support we can keep alive the free press in Afghanistan and can highlight the struggles of the people who have no other hope than the media to raise their voices. I hope to continue to work as a journalist in the USA and cooperate with Etilaatroz Newspaper, which is a famous and preferable press of Afghanistan. I will continue my education in the field of journalism so that I remain a journalist and I will try my best to effectively fulfill my responsibility in this field. To do so, we need the continued support from the international community.

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Libya:  Hold Stability Support Authority militia leaders to account

Entrenched impunity has emboldened the state-funded Stability Support Authority (SSA) militia to commit unlawful killings, arbitrary detentions, interception and subsequent arbitrary detention of migrants and refugees, torture, forced labour, and other shocking human rights violations and crimes under international law, Amnesty International said today.

Created by government decree in January 2021, the SSA militia is commanded by one of the most powerful militia leaders in Tripoli, Abdel Ghani al-Kikli, known as “Gheniwa” who was appointed despite the well-documented history of crimes under international law and other serious human rights violations committed by militias under his command. 

“Legitimizing abusive militia leaders and putting them on state payroll with no questions asked only empowers them to continue trampling on the rights of more people with complete impunity. It can come as no surprise that Abdel Ghani al-Kikli’s new militia is yet again involved in horrific crimes – whether against migrants and refugees or Libyans,” said Diana Eltahawy, Deputy Regional Director for the Middle East and North Africa at Amnesty International. 

“For over a decade, militias under his command terrorized people in the Tripoli neighbourhood of Abu Salim through enforced disappearances, torture, unlawful killings and other crimes under international law. He should be investigated and, if there is enough admissible evidence, prosecuted in a fair trial.”

Amnesty International wrote to the Libyan authorities on the complaints received against Abdel Ghani al-Kikli and his former deputy Lotfi al-Harari on 19 April 2022, demanding their removal from positions that would allow them to commit further violations, interfere in investigations or grant them immunity, pending investigations. No response was received in time for publication. 

An Amnesty International delegation visited Libya in February and spoke to nine people who said they suffered grave human rights violations at the hands of the SSA members, as well as eight family members and three activists. 

Migrants intercepted and detained in abysmal conditions

Ministry of Interior representatives in Tripoli confirmed to Amnesty International that the SSA intercepts refugees and migrants at sea and takes them to detention centres under SSA control. They said that the ministry has no oversight over the SSA’s operations since it answers to the Prime Minister, not the Minister of Interior. When asked on what legal basis the SSA had become involved in interception operations, the Ministry of Interior representatives said they did not know.

Three migrants told Amnesty International that they and hundreds of others were held in February 2022 in the overcrowded and poorly ventilated al-Mayah detention centre controlled by SSA. They received little food or water, forcing them to drink toilet water. They told Amnesty International that they witnessed guards regularly beating detained migrants and refugees and subjecting them to forced labour, rape and other sexual violence, including forced prostitution.

The SSA does not share information about the number of detainees al-Mayah detention centre or allow access to independent organizations. 

SSA’s interceptions of refugees and migrants at sea since September 2021 have been marred by reports of violence, leading to loss of life at sea. On 18 February 2022, the SSA militiamen were responsible for the death of one man and the injury of others during the interception of a boat carrying migrants and refugees across the Mediterranean, according to the International Organization for Migration (IOM).

“Mass arbitrary detention, torture, forced labour, rape and other horrific violations by SSA militiamen against refugees and migrants are yet another grim reminder that refugees and migrants intercepted at sea should never be returned to Libya. EU and member states should urgently suspend any co-operation with Libya on migration and border control. They must ensure that any future cooperation is contingent upon Libyan authorities ending the policy of arbitrary detention of migrants and refugees and effectively investigating crimes against them,” said Diana Eltahawy.

Libyan detainees subjected to enforced disappearances, beatings, sexual violence and deaths in custody

Amnesty International has documented recent crimes including enforced disappearances and deaths in custody by SSA militiamen under “Gheniwa’s” command. For instance, the body of a 34-year-old man was found with clear signs of torture in August 2021. He had been abducted days earlier by men affiliated with the SSA in Tripoli. 

Legitimizing abusive militia leaders and putting them on state payroll with no questions asked only empowers them to continue trampling on the rights of more people with complete impunity.

Diana Eltahawy, Amnesty International

Over the past 10 years, Amnesty International and others have documented arbitrary detentions, enforced disappearances, torture, unlawful killings and other crimes under international law by the Central Security Force-Abu Salim militia and its predecessor Abu Salim Military Council under the command of “Gheniwa” and his then deputy and head of investigations Lotfi al-Harari, who is now heading the Tripoli-based Internal Security Agency, another militia implicated in crimes and human rights violations. 

Six former detainees held at a detention facility between 2016 and 2019 run by the Central Security Force-Abu Salim when “Gheniwa” was commander told Amnesty International that they were subjected to mock executions, food deprivation, beatings, electric shocks, sexual violence and denial of medical care while in custody.

One man who was detained between May and October 2018 said he was regularly beaten with water pipes, sticks and backs of rifles while held in a tiny room with no toilet. On several occasions, he said Lotfi al-Harari beat him, threatened to rape him and fired live ammunition at him. 

Another man detained around the same time told Amnesty International that Lotfi al-Harari had ordered him and other detainees to stand against a wall before shooting at them with his gun, wounding some of them in their limbs.

Most of those detained have been subjected to enforced disappearance, with militiamen refusing to inform detainees’ families of their fate and whereabouts for months and sometimes years. Those released were warned not to speak out. 

Families of eight men told Amnesty International how the Central Security Forces- Abu Salim abducted and detained their loved ones between 2017 and 2022, some of them their fates remain uncertain to date. One detainee was abducted in 2017 from the Abu Salim neighbourhood by men identified by witnesses as working with the Central Security Force-Abu Salim. His family approached the prosecution for help and said that a prosecutor telephoned Lotfi al-Hariri, who confirmed having him in custody. Yet, when the family visited the detention centre, militiamen denied having him in custody on six occasions and the prosecutor told them he was powerless to do anything.

Under international criminal law commanders are individually criminally responsible if they knew or must have known that the subordinates were about to commit or were committing such crimes and did not take all necessary and reasonable measures in their power to prevent their commission, or if such crimes had been committed, to hold the persons responsible accountable.

Background: 

The SSA is tasked with securing government buildings and officials, participating in combat operations, apprehending those suspected of national security crimes, and cooperating with other security bodies.

The SSA militia was formally established by government decree in January 2021. The Government of National Unity’s (NGU) 2021 proposed budget allocated 40 million LYD (8.9 million USD) to the SSA, of which 5 million LYD (1.1 million USD) was for payroll.  Additional ad hoc payments also take place: in February 2022, GNU Prime Minister Abdelhamid Debibah authorized a payment of 132 million LYD (around $28 million) to the SSA.

Since its founding, the militia rapidly expanded its influence beyond Tripoli to al-Zawiya and towns in western Libya. 

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USA: If confirmed, Supreme Court decision could endanger abortion rights around the world

In response to reports that the Supreme Court is preparing to overturn abortion rights in the United States, Agnes Callamard, Amnesty International’s Secretary General, said:

“While moves to decriminalize and legalize abortion in places like Argentina, Ireland, Mexico and Colombia in the last few years have been a huge win for the global community, there are grim signs that the United States is out of step with the progress that the rest of the world is making in protecting sexual and reproductive rights. We fervently call on the US authorities to protect the right to legal and safe abortion. Anything less would be a gross failure to uphold human rights, including the rights to life, health, bodily autonomy, privacy and dignity.

“Any regression in protection of the right to abortion would not only stand to damage the global perception of the United States; it would also set a terrible example that other governments and anti-rights groups could seize upon around the world in a bid to deny the rights of women, girls and other people who can become pregnant. Overturning Roe vs. Wade would become the symbol of a major backlash all over the world, putting recent progress at risk and endangering the health and lives of millions.”

For more information or to arrange an interview, please contact: press@amnesty.org

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Greece: Letting police officers involved in brutal death of LGBTI activist off the hook sends chilling sign of impunity

Reacting to today’s decision by the Athens Mixed Jury Court acquitting four police officers of involvement in the death of LGBTI activist Zak Kostopoulos, Glykeria Arapi, Director of Amnesty International Greece said:

“It beggars belief that despite footage showing police using unnecessary force to arrest Zak while he lay dying on the ground, no officer has yet to be held to account. Today’s decision is yet another example in Greece where victims of unnecessary use of force and their families are left without justice.”

“Zak Kostopoulos will not be forgotten. Indeed, he has become a symbol of the fight for a society of freedom and equality. We take the ruthlessness of his senseless death and the injustice of today’s decision personally. In response we will redouble our efforts to make Zak’s vision – a world free from prejudice, stigma and racism – a reality.”

Background

Zak Kostopoulos, a queer activist, drag artist and human rights defender from Greece, was brutally beaten up by two men after entering a jewellery shop in central Athens. Following the attack, footage showed police using unnecessary force to arrest Zak while he lay dying on the ground. According to the forensic report, Zak died from the multiple injuries he sustained.

In the intervening years there have been reports over serious flaws in the investigation of the case.

In its ruling today, the Mixed Jury Court in Athens found guilty two civilians for the offence of lethal bodily harm. The two men were handed a non-suspended ten-year prison sentence. The Court acquitted the four police officers. Three of the jurors asked for the police officers to be convicted for the offence of dangerous bodily harm.

For more information about the case see – My son was kicked to death – this is why I am seeking justice – Amnesty International

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A Tribute to “Mary” on Workers’ Day

“I am a woman working as a domestic worker. I am non-Lebanese and I have no legal papers [a residence permit], if I report to the police, they will arrest me.”[1]

This was the answer that “Mary”, an Ethiopian domestic worker, gave me when I asked her if she would consider filing a complaint against her employer for withholding the last six months of her salaries and confiscating her passport. “Mary’s” answer summarized the interlocking systems of oppression as well as the social, legal and economic discrimination that trap migrant domestic workers in a web woven by the kafala system, an inherently abusive migration sponsorship system.

Without this intersectional lens, one can neither understand “Mary’s” reality nor the reasons preventing her from turning to the police. Gender, ethnicity, color, class, and legal status are all factors that overlap to isolate “Mary” as well as many other migrant domestic workers who find themselves marginalized socially, economically and legally by the kafala system.

On the first of May, which marks International Workers’ Day, we pay a tribute to these workers who exemplify the cruelest and clearest forms of exploitation that take place when a worker is unrecognized and unprotected by the Labour Law and is governed instead by an abusive migration system. A system that can turn a victim of exploitation into an offender for being undocumented, leaving the worker with little prospect of obtaining redress. “Mary” is a case in point.

The kafala system ties the legal residency of the worker to the contractual relationship with the employer. If the employment relationship ends, even in cases of exploitation and abuse, the worker loses regular migration status. Moreover, the worker cannot change their employer without the latter’s consent. This allows the employer to coerce the worker to accept exploitative working conditions. If a migrant domestic worker refuses such conditions and decides to leave their employer without their consent, as “Mary” did when she decided to leave her employer’s home due to unpaid salaries, the worker risks losing their residency status and are consequently at risk of detention and deportation. The excessive powers granted by the kafala system to employers impede the workers’ ability to access justice and bring abusers to account. This is exactly what the kafala system guarantees to employers: impunity.

In Amnesty International’s May 2019 report, “Their House is My Prison: Exploitation of Migrant Domestic Workers in Lebanon,” we documented consistent patterns of abuse. These included employers forcing migrant domestic workers to work extreme working hours, denying them rest days, withholding their pay or applying deductions to it, severely restricting their freedom of movement and communication, depriving them of food and proper accommodation, subjecting them to verbal and physical abuse, and denying them healthcare.  We also documented some cases of forced labour and human trafficking committed by employers and recruitment agencies.

Yet, none of the women interviewed by the organization reported their employers to the authorities because they feared detention and deportation.

With the economic collapse that hit Lebanon in 2019, migrant domestic workers’ precarious situation under the kafala system went from being bad to worse. They were among the first to bear the brunt of the crisis, as scores of workers were abandoned by their employers without pay,  their belongings, or passports and without any employer being held to account.

Against this shameful reality, the Lebanese authorities either deal with migrant domestic workers as an investment made by the employer that must be protected along with the interest of the recruitment agency against any possible losses, or as a security issue that the authorities must control with regulatory procedures and customary practices, even if these violate human rights. For example, when we wrote to the Lebanese General Security to ask about the legal text that they rely on to require workers to live with their employers, they described this requirement as a “precautionary regulatory measure” that protects the workers from “criminal exploitation” since “their salaries do not allow them to live independently”.[2] By doing that, General Security is restricting the worker’s right to freely choose her place of residence, making her more isolated and dependent on her employer and at a greater risk of exploitation and other abuse.

Perhaps the most striking example of the authorities’ neglect of their duty to protect workers’ rights was when the State Shura Council, the highest administrative court in the country, delivered a sharp blow to migrant domestic worker rights by suspending the implementation of a new standard unified contract which the Ministry of Labour adopted on 8 September 2020.  The standard unified contract included fundamental provisions which, if implemented, would provide safeguards against forced labour, and it would have been an important first step toward dismantling the abusive kafala system.

The kafala system ties the legal residency of the worker to the contractual relationship with the employer. If the employment relationship ends, even in cases of exploitation and abuse, the worker loses regular migration status. Moreover, the worker cannot change their employer without the latter’s consent.

Mary, domestic worker

This decision followed a complaint submitted by the Syndicate of the Owners of Recruitment Agencies to the Shura Council, requesting the council to block and annul the decision of former Minister Lamia Yammine. The Shura Council ruled in favour of the recruitment agencies on the grounds that the contract involved “severe damage” to the interests of these agencies. The Council made no reference to the rights of migrant domestic workers, which Lebanon is obliged to protect under international law, but chose to protect a system that facilitates exploitation, forced labour, and human trafficking.

Since April 2019, we have engaged with three successive ministries of labour to push for the dismantling of the kafala system. We called for the amendment of the Labour Law to include domestic workers as an essential reform step aimed at protecting workers against exploitation. In June 2019, as part of a working group that included other human rights organizations, we submitted a revised unified contract, based on international standards, under a comprehensive action plan that outlines the reforms needed to dismantle the kafala system in the short and medium terms, including issuing circulars and/or ministerial decisions to ensure the proper implementation of the provisions of the standard unified contract, strengthening the inspection and complaint mechanism, improving the level of monitoring and inspection of recruitment agencies, and adopting a mechanism to ensure the payment of workers’ salaries.

However, we encountered one obstacle after the other, the latest of which was a shocking new draft of the standard unified contract circulated in February as being issued by the Ministry of Labour. The provisions of the draft contract fail to meet the basic international standards for the protection of human rights. Some of its provisions would promote the power imbalance between the worker and the employer and facilitate forced labour. In a meeting with the Minister of Labour on 28 February, he denied that the draft was issued by his ministry and pledged not to adopt any contract that would constitute a setback for migrant domestic workers’ rights.[3]

So many promises are made, but only limited and flawed measures to address abuses are taken. Despite this failure by the authorities, migrant domestic workers continue their tireless fight for their rights. We shall remain by their side, as allies and supporters. Winning the fight to protect and fulfill the rights of the most marginalized among us is a victory for all of us as workers and as human rights defenders. It is a fight that is directly related to achieving social justice in our society and to protecting human rights instead of favouring a web of commercial interests.

“Mary” and the thousands of migrant workers struggling under the kafala system deserve justice and dignity.


[1] Interview with “Mary” (a pseudonym used for security reasons), Beirut, 10 March 2022

[2] Letter from the General Directorate of Public Security to Amnesty International, 15 February 2019

[3] Meeting of Amnesty International and Human Rights Watch with Minister of Labor Mustafa Bayram at the Ministry of Labour, Beirut, 28 February 2022.

Diala Haidar

Lebanon Campaigner at Amnesty International

A feminist and a human rights defender

This Op-Ed was first published in Daraj in Arabic.

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