The Conundrum of Promoting Liberal Human Rights Norms in Traditional Islamic Societies: The Case of Afghanistan

Abstract

This Thesis intends to find an understanding of the large gap between international human rights standards and the ground reality in Afghanistan. Among the key factors blamed for this human rights gap are the differences between international human rights standards and Afghan/Islamic values. The second assumption was that human rights are both profit motive and the Western countries political agenda which has negatively affected the human rights in Afghanistan, while the last assumption argued that an unending conflict (1979-2018) in Afghanistan has made human rights implementation very difficult or even impossible. The main findings of this Thesis are that the use of Islam as the main source for legal documents has taken the opportunity from international human rights to find its place for becoming part and parcel of indigenous values in society. Not only has international human rights law not having been taken seriously but the national laws are also not followed. Very little part of information supports the compatibility of Afghan laws with international human rights law but the majority of the interlocutors interviewed (N=11) agreed that human rights are the Western product which will contradict the Afghan and Islamic culture. The donors and major proponents of human rights (INGOs and NGOs) also have used implementation of human rights for promoting their political agenda and as an instrument to reach their own goals. For many human rights implementors, the sector has become a source of good income. The unfulfilled promises of human rights institutions have created an illusionary expectation among the public. Without any doubt, everything has been affected by war but there is a direct relation between conflict and human rights violation as one increases, the other follows. The study can be used by Government and human rights implementors to avoid past mistakes and bring serious reforms in their implementation.