Country guidance :Afghanistan : common analysis and guidance note : May 2024

Table of Contents

• Introduction 7
• Common analysis, guidance note and methodological approach 8
• Scope of this update 9
• Guidance note 10
• Common analysis 13
• 1. Recent developments 14
• 1.1. The Taliban takeover(4F ) 14
• 1.2. State building and political system 14
• 1.3. Humanitarian situation 16
• 2. Actors of persecution or serious harm 18
• 2.1. Taliban de facto authorities and affiliated groups 18
• Taliban de facto authorities 18
• Haqqani Network 20
• Al-Qaeda 20
• 2.2. Islamic State Khorasan Province (ISKP) 21
• 2.3. Other armed groups opposing the Taliban 22
• 2.4. Other non-State actors 23
• 3. Refugee status 25
• 1. 26
• General remarks 26
• COI summary 27
• Conclusions and guidance 27
• 3.1. Members of the security institutions of the former government 28
• COI summary 28
• Conclusions and guidance 30
• Do the acts qualify as persecution under Article 9 QD? 30
• Acts reported to be committed against individuals under this profile are of such severe nature that they amount to persecution (e.g. summary executions, torture, enforced disappearances). 30
• What is the level of risk of persecution (well-founded fear)? 30
• Are the reasons for persecution falling within Article 10 QD (nexus)? 30
• 1 30
• 2 30
• 3 30
• 3.1. 30
• 3.2. Public officials and servants of the former government and judicial system 30
• COI summary 30
• Conclusions and guidance 32
• Do the acts qualify as persecution under Article 9 QD? 32
• What is the level of risk of persecution (well-founded fear)? 33
• Are the reasons for persecution falling within Article 10 QD (nexus)? 33
• 3.3. Persons affiliated with foreign forces 33
• COI summary 33
• Conclusions and guidance 34
• Do the acts qualify as persecution under Article 9 QD? 34
• What is the level of risk of persecution (well-founded fear)? 34
• Are the reasons for persecution falling within Article 10 QD (nexus)? 35
• 3.4. Individuals perceived as members or supporters of the National Resistance Front (NRF) 35
• COI summary 35
• Conclusions and guidance 36
• Do the acts qualify as persecution under Article 9 QD? 36
• What is the level of risk of persecution (well-founded fear)? 36
• Are the reasons for persecution falling within Article 10 QD (nexus)? 37
• 3.5. Individuals perceived as members or supporters of the Islamic State in Khorasan Province (ISKP) 37
• COI summary 37
• Conclusions and guidance 38
• Do the acts qualify as persecution under Article 9 QD? 38
• What is the level of risk of persecution (well-founded fear)? 39
• Are the reasons for persecution falling within Article 10 QD (nexus)? 39
• 3.6. Persons fearing forced recruitment 39
• COI summary 39
• a) Forced recruitment by the Taliban 39
• b) Forced recruitment by ISKP 40
• Conclusions and guidance 41
• Do the acts qualify as persecution under Article 9 QD? 41
• What is the level of risk of persecution (well-founded fear)? 41
• Are the reasons for persecution falling within Article 10 QD (nexus)? 41
• 3.7. Human rights defenders, activists and others perceived as critical of the Taliban 41
• COI summary 41
• Conclusions and guidance 43
• Do the acts qualify as persecution under Article 9 QD? 43
• What is the level of risk of persecution (well-founded fear)? 43
• Are the reasons for persecution falling within Article 10 QD (nexus)? 44
• 3.8. Journalists and media workers 44
• COI summary 44
• Conclusions and guidance 46
• Do the acts qualify as persecution under Article 9 QD? 46
• What is the level of risk of persecution (well-founded fear)? 46
• Are the reasons for persecution falling within Article 10 QD (nexus)? 46
• 3.9. Educational personnel 46
• COI summary 46
• Conclusions and guidance 48
• Do the acts qualify as persecution under Article 9 QD? 48
• What is the level of risk of persecution (well-founded fear)? 48
• Are the reasons for persecution falling within Article 10 QD (nexus)? 48
• 3.10. Humanitarian workers 48
• COI summary 48
• Conclusions and guidance 49
• Do the acts qualify as persecution under Article 9 QD? 49
• What is the level of risk of persecution (well-founded fear)? 50
• Are the reasons for persecution falling within Article 10 QD (nexus)? 50
• 3.11. Individuals considered to have committed blasphemy and/or apostasy 50
• COI summary 50
• Conclusions and guidance 51
• Do the acts qualify as persecution under Article 9 QD? 51
• What is the level of risk of persecution (well-founded fear)? 52
• Are the reasons for persecution falling within Article 10 QD (nexus)? 52
• 3.12. Individuals perceived to have transgressed religious, moral and/or societal norms 52
• COI summary 52
• c) Zina 53
• d) Dress code 54
• e) Alcohol and drugs 55
• f) Music 55
• g) Other activities considered immoral 56
• Conclusions and guidance 56
• Do the acts qualify as persecution under Article 9 QD? 56
• What is the level of risk of persecution (well-founded fear)? 57
• Are the reasons for persecution falling within Article 10 QD (nexus)? 57
• 3.13. Individuals (perceived as) influenced by foreign values (also commonly referred to as ‘Westernised’) 57
• COI summary 58
• Conclusions and guidance5F 60
• Do the acts qualify as persecution under Article 9 QD? 60
• What is the level of risk of persecution (well-founded fear)? 60
• Are the reasons for persecution falling within Article 10 QD (nexus)? 61
• 3.14. Ethnic and religious minorities 61
• 3.14.1. Overview 61
• 3.14.2. Individuals of Hazara ethnicity and other Shias 62
• COI summary 62
• a) Treatment by the Taliban 63
• b) Treatment by ISKP 64
• c) Treatment by the society 65
• Conclusions and guidance 65
• Do the acts qualify as persecution under Article 9 QD? 65
• What is the level of risk of persecution (well-founded fear)? 65
• Are the reasons for persecution falling within Article 10 QD (nexus)? 66
• 3.14.3. Hindus and Sikhs 66
• COI summary 66
• Conclusions and guidance 67
• Do the acts qualify as persecution under Article 9 QD? 67
• What is the level of risk of persecution (well-founded fear)? 67
• Are the reasons for persecution falling within Article 10 QD (nexus)? 68
• 3.14.4. Salafis 68
• COI summary 68
• Conclusions and guidance 69
• Do the acts qualify as persecution under Article 9 QD? 69
• What is the level of risk of persecution (well-founded fear)? 69
• Are the reasons for persecution falling within Article 10 QD (nexus)? 69
• 3.14.5. Tajiks 69
• COI summary 69
• Conclusions and guidance 70
• Do the acts qualify as persecution under Article 9 QD? 70
• What is the level of risk of persecution (well-founded fear)? 70
• Are the reasons for persecution falling within Article 10 QD (nexus)? 71
• 3.15. Women and girls 71
• COI summary 71
• a. Restrictions of rights and freedoms under the Taliban 71
• Freedom of movement and gender segregation 71
• Dress code 72
• Exclusion from work and public life 73
• Access to healthcare 74
• Access to education 75
• Access to justice 76
• b. Violence against women and girls 76
• Conclusions and guidance(6F ) 78
• Do the acts qualify as persecution under Article 9 QD? 78
• What is the level of risk of persecution (well-founded fear)? 78
• Are the reasons for persecution falling within Article 10 QD (nexus)? 79
• 3.16. Children 79
• 3.16.1. Violence against children 79
• COI summary 79
• Conclusions and guidance 80
• Do the acts qualify as persecution under Article 9 QD? 80
• What is the level of risk of persecution (well-founded fear)? 80
• Are the reasons for persecution falling within Article 10 QD (nexus)? 81
• 3.16.2. Child recruitment 81
• COI summary 81
• Conclusions and guidance 82
• Do the acts qualify as persecution under Article 9 QD? 82
• What is the level of risk of persecution (well-founded fear)? 82
• Are the reasons for persecution falling within Article 10 QD (nexus)? 82
• 3.16.3. Child labour and trafficking in children 82
• COI summary 82
• Conclusions and guidance 83
• Do the acts qualify as persecution under Article 9 QD? 83
• What is the level of risk of persecution (well-founded fear)? 84
• Are the reasons for persecution falling within Article 10 QD (nexus)? 84
• 3.16.4. Children without a support network in Afghanistan 84
• COI summary 84
• Conclusions and guidance 85
• Do the acts qualify as persecution under Article 9 QD? 85
• What is the level of risk of persecution (well-founded fear)? 85
• Are the reasons for persecution falling within Article 10 QD (nexus)? 85
• 3.17. LGBTIQ persons 86
• COI summary 86
• Conclusions and guidance 87
• Do the acts qualify as persecution under Article 9 QD? 87
• What is the level of risk of persecution (well-founded fear)? 88
• Are the reasons for persecution falling within Article 10 QD (nexus)? 88
• 3.18. Individuals involved in blood feuds and land disputes 88
• 3.18.1. Blood feuds 88
• COI summary 88
• Conclusions and guidance 89
• Do the acts qualify as persecution under Article 9 QD? 89
• What is the level of risk of persecution (well-founded fear)? 89
• Are the reasons for persecution falling within Article 10 QD (nexus)?(10F ) 90
• 3.18.2. Land disputes 90
• COI summary 90
• Conclusions and guidance 91
• Do the acts qualify as persecution under Article 9 QD? 91
• What is the level of risk of persecution (well-founded fear)? 92
• Are the reasons for persecution falling within Article 10 QD (nexus)? 92
• 3.19. Persons living with disabilities and persons with severe medical issues 92
• COI summary 93
• Conclusions and guidance 93
• Do the acts qualify as persecution under Article 9 QD? 93
• What is the level of risk of persecution (well-founded fear)? 94
• Are the reasons for persecution falling within Article 10 QD (nexus)? 94
• 3.20. Individuals who were born in Iran or Pakistan and/or who lived there for a long period of time 94
• COI summary 94
• Conclusions and guidance 95
• Do the acts qualify as persecution under Article 9 QD? 95
• 4. Subsidiary protection 96
• 4.1. Article 15(a) QD: death penalty or execution 96
• 2. 96
• 4.2. Article 15(b) QD: torture or inhuman or degrading treatment or punishment 98
• 4.2.1. Healthcare 99
• 4.2.2. Socio-economic conditions and forced evictions 100
• 4.2.3. Arbitrary arrests and detentions, prison conditions and enforced disappearances 102
• 4.2.4. Corporal punishments 104
• 4.2.5. Criminal violence 105
• 4.2.6. Other circumstances 106
• 3.1 106
• 4.3. Article 15(c) QD: indiscriminate violence in situations of armed conflict 106
• 4.3.1. Preliminary remarks 107
• a. Reference period 107
• b. Legal framework 107
• 4.3.2. Armed conflict (international or internal) 108
• 4.3.3. Qualification of a person as a ‘civilian’ 109
• 4.3.4. Indiscriminate violence 110
• a) Assessment of indiscriminate violence: general approach 110
• b) Security situation in Afghanistan: recent events 111
• Situation in Afghanistan 111
• Presence, methods and tactics of actors 111
• o Other armed groups opposing the Taliban 111
• o ISKP 112
• Security incidents 113
• Civilian casualties 114
• Conflict-related displacement 115
• c) Assessment of indiscriminate violence in Afghanistan 116
• 4.3.5. Serious and individual threat 117
• 4.3.6. Qualification of the harm as a ‘threat to (a civilian’s) life or person’ 119
• 4.3.7. Nexus/‘by reason of’ 119
• 5. Actors of protection 120
• 6. Internal protection alternative 124
• a) Safety 124
• b) Travel and admittance 124
• c) Reasonableness to settle 125
• d) Conclusion 126
• 7. Exclusion 127
• 7.1. Relevant circumstances 127
• 7.1.1. Human rights violations by armed actors since 2001 128
• The former Afghan government and pro-government forces 129
• Taliban 130
• ISKP 131
• 7.1.2. Past conflicts (1979-2001) 132
• The ‘Saur’ Revolution and the Khalq Regime (1978-1979) 132
• The Soviet Afghan War (1979-1989) 133
• The Taliban Regime (1996-2001) 135
• 7.1.3. Criminality 135
• 7.2. Guidance with regard to Afghanistan 137
• 7.2.1. Article 12(2)(a) and Article 17(1)(a) QD 137
• 7.2.2. Article 12(2)(b) and Article 17(1)(b) QD 138
• 7.2.3. Article 12(2)(c) and Article 17(1)(c) QD 139
• 7.2.4. Article 17(1)(d) QD 140
• Annex I: List of abbreviations and glossary 141
• ALP 141
• Annex II: Country of origin information references 146