Summary: State Party Afghanistan ratified the convention on 8 September 2011. Draft legislation is being prepared to enforce its implementation of the convention. Afghanistan has participated in all of the convention’s meetings and voted in favor of a UN resolution on the convention in December 2015. It has promoted universalization of the convention and condemned new use of cluster munitions.

In its initial transparency report for the convention provided in 2012, Afghanistan confirmed it has not used, produced, or transferred cluster munitions. The national armed forces do not stockpile cluster munitions, but Afghanistan regularly reports the discovery and destruction of abandoned weapons including cluster munitions.

Policy

The Islamic Republic of Afghanistan signed the Convention on Cluster Munitions on 3 December 2008, ratified on 8 September 2011, and became a State Party on 1 March 2012.

Afghanistan reported in April 2016 that the Ministry of Justice is preparing draft implementation legislation for the convention.[1] Previously, in April 2015, it reported that the Ministry of Justice was considering how to amend existing legislation to enforce the provisions of the convention.[2] A 2012 legislative review advised that existing law should be amended, while a technical committee has provided support to the process of preparing the draft.[3]

Afghanistan submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 30 August 2012 and has provided updated annual reports since, most recently on 25 April 2016.[4]

Afghanistan participated in most meetings of the Oslo Process that created the Convention on Cluster Munitions, but despite actively supporting the ban objective it did not endorse the Wellington Declaration that would have committed it to participating fully in the formal negotiations of the convention. It also did not attend the negotiations in Dublin in May 2008, not even as an observer.[5] Afghanistan attended the convention’s Oslo Signing Conference in December 2008 as an observer, but unexpectedly signed the convention near the end of the conference after the representative announced that he had received instructions and authorization to do so.[6]

Afghanistan plays a positive and active role in the work of the Convention on Cluster Munitions. It participated in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. In an address to the high-level segment of the meeting, Afghanistan described the convention as “one of the success stories in disarmament” and affirmed the need to “send out a strong message through this conference against cluster munitions and reaffirm our collective commitments for a world free of cluster munitions in the near future.”[7]

Afghanistan has attended all of the convention’s Meetings of States Parties as well as intersessional meetings in Geneva in 2011–2015.

On 7 December 2015, Afghanistan voted in favor of a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[8] Afghanistan has proposed that South Asian Association for Regional Cooperation (SAARC) member states discuss cluster munitions.[9]

Afghanistan has condemned the use of cluster munitions and voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria.[10] At the First Review Conference, Afghanistan expressed strong support for draft outcome documents that condemned any cluster munition use by any actor and commented that “States Parties should join hands to end all suffering caused by these indiscriminate and inhumane weapons.”[11]

Afghanistan is a State Party to the Mine Ban Treaty. It signed the Convention on Conventional Weapons (CCW) in April 1981, but has not ratified.

Interpretive issues

Afghanistan has not elaborated its views on several important issues relating to interpretation and implementation of the Convention on Cluster Munitions, but United States (US) Department of State cables made public by Wikileaks in 2011 have outlined US interpretation of the convention as it relates to Afghanistan (see section on Foreign stockpiling). In a December 2008 State Department cable, the US outlined its concern over how Afghanistan would interpret the convention’s prohibition on transit and foreign stockpiling, as well as Article 21 on “interoperability” or joint military operations with states not party to the convention.[12]

Use, production, and transfer

In its initial Article 7 report, Afghanistan declared that it has no “production industry” for manufacturing cluster munitions.[13] In September 2011, Afghanistan stated that it “does not use, produce, or transfer Cluster Munitions in the country.”[14]

The Monitor is not aware of any use of cluster munitions in Afghanistan since 2002. US aircraft dropped 1,228 cluster bombs containing 248,056 submunitions in 232 strikes on locations throughout the country between October 2001 and early 2002.[15] Soviet forces also used air-dropped and rocket-delivered cluster munitions during their invasion and occupation of Afghanistan from 1979–1989, while a non-state armed group used rocket-delivered cluster munitions during the civil war in the 1990s.[16]

Stockpiling and destruction

In September 2013, Afghanistan informed States Parties that it “destroyed all its cluster munitions stocks before” the convention entered into force and therefore complies with its obligations under Article 3 of the Convention on Cluster Munitions.[17] In October 2013, it stated that concerning cluster munitions, “Afghanistan is pleased to have destroyed all weaponry of this kind within its military stockpile.”[18]

Afghanistan “has not officially announced” the completion of its stockpiled cluster munitions, but reports that “the Ministry of Defence verbally confirms that there is not any stockpile of cluster munitions left with Afghan National Forces.”[19] This would appear to indicate that there are not any stocks under the jurisdiction and control of national forces, but additional stocks abandoned in the past by the government may continue to be discovered.

Afghanistan’s Article 7 reports have contained information under stockpile destruction indicating significant destruction during 2005–2011 and further destruction in 2012–2015.[20] In April 2016, Afghanistan reported that HALO Trust weapons and ammunition destruction teams destroyed 165 “cluster munitions” during 2015 under the supervision of the Ministry of Defence.[21] Given the government’s statements that there are no longer any stocks, these destroyed items were likely cluster munitions abandoned by other combatants in the past (and recently discovered) and/or cluster munition remnants destroyed in mine action and clearance operations. These are all considered cluster munition remnants under the Convention on Cluster Munitions and not stockpiled cluster munitions.

In 2008, Jane’s Information Group listed Afghanistan as possessing KMG-U dispensers and RBK-250-275 cluster bombs.[22] Standard international reference sources have listed Afghanistan as possessing Grad 122mm and Uragan 220mm surface-to-surface rockets, but it is not known if these included versions with submunition payloads.[23]

Foreign stockpiling

According to a December 2008 State Department cable released by Wikileaks, “The United States currently has a very small stockpile of cluster munitions in Afghanistan.”[24] In February 2011, an Afghan human rights group called on the US government and NATO to reveal if it they had stockpiled or used cluster munitions in Afghanistan since the 2002 conflict.[25]

Policy

The Islamic Republic of Afghanistan acceded to the Mine Ban Treaty on 11 September 2002, becoming a State Party on 1 March 2003.

Afghanistan has not adopted national implementation legislation.[1] A draft regulation prohibiting the use, stockpiling, production, and transfer of mines and cluster munitions was prepared in 2013. In its Article 7 report submitted in 2018, Afghanistan reported the regulation “recently has been processed by the Ministry of Justice and has been sent to the Legislation Committee of the Cabinet of Ministers for their review and approval. DMAC [the Directorate of Mine Action Coordination] will follow it up with the Legislation Committee of the Cabinet to ensure it can be endorsed by them as soon as possible.”[2]

Afghanistan has submitted its annual Mine Ban Treaty Article 7 report covering calendar year 2017.[3]

Over the past decade, Afghanistan has participated in every Meeting of States Parties, including the convention’s Sixteenth Meeting of States Parties in Vienna in December 2017. Afghanistan has participated in all intersessional meetings of the Mine Ban Treaty, except in May 2016. It also attended the Mine Ban Treaty’s First Review Conference in Nairobi in 2004 and its Second Review Conference in Cartagena in 2009, however its delegation to the Third Review Conference in Maputo in June 2014 was denied a transit visa en-route.

Use

Use of victim-activated improvised mines and other improvised explosive devices (IEDs)by armed groups continued in 2017 and 2018, resulting in further casualties.

Non-state armed groups

The use of victim-activated improvised mines by armed groups, mainly the Taliban, and Daesh/Islamic State Khorasan Province (ISKP), continued in 2018. In June 2018, Afghanistan informed States Parties that new use of pressure plate improvised mines, which are causing approximately 170 deaths a month, was adding to their clearance burden and making it difficult to meet their Article 5 obligations.[4]

The United Nations Assistance Mission in Afghanistan (UNAMA) reported that anti-government forces used victim-activated improvised mines throughout 2017 and the first half of 2018. Victim-activated (pressure plate) improvised mines were responsible for more than half of all casualties attributed to indiscriminate explosive weapons during 2017, but overall casualties reportedly dropped by 8% from 2016.[5] However, not all pressure plate improvised mines can be detonated by a human being. An investigation into pressure plate mine incidents in 2017 by the UN Office for Project Services (UNOPS) determined that roughly three-quarters of pressure plate improvised mines were antipersonnel, and that a quarter were antivehicle.[6] In 2018, UNAMA reported that use of pressure-plate IEDs, while continuing, decreased dramatically. UNAMA documented a 43% reduction in civilian casualties attributed to pressure plate improvised mines when compared to the same period in 2017.[7] UNAMA shares the view of Mine Ban Treaty States Parties that victim-activated IEDs function as antipersonnel mines and are prohibited by the Mine Ban Treaty, while command-detonated IEDs are not banned.[8] In July 2018, UNAMA reported that it had engaged in extensive advocacy efforts with anti-government elements on civilian casualties caused by pressure plate improvised mines for some years.[9]

The Taliban have not made any statement regarding use of victim-activated IEDs since October 2012, when, on the Islamic Emirates of Afghanistan website, it denied the use of victim-activated explosive devices and said it uses only command-detonated explosive devices.[10] As in previous years, the Taliban have claimed responsibility for an extensive number of attacks against military personnel and vehicles using landmines.[11]

At least 3 deminers were killed by Daesh/ISKP in 2017 and at least 95 mine clearance staff were abducted during the year.[12]

Production, transfer, stockpile destruction, and discoveries

Afghanistan is not known to have ever produced or exported antipersonnel mines. Throughout many years of armed conflict, large numbers of landmines from numerous sources were sent to various fighting forces in Afghanistan. In recent years, there were no confirmed reports of outside supply of antipersonnel mines to non-state armed groups.

Afghanistan reported that it completed its stockpile destruction obligation in October 2007, eight months after its treaty-mandated deadline of 1 March 2007.[13] It reported the destruction of 525,504 stockpiled antipersonnel mines between 2003 and 2007.[14] It is unclear how many stockpiled mines Afghanistan had destroyed at the time it declared completion of the program. It reported that it had destroyed 486,226 stockpiled antipersonnel mines as of April 2007, and later reported that it destroyed 81,595 antipersonnel mines in calendar year 2007.[15]

Previously, there were regular reports of Afghan security forces seizing caches of landmines during military operations or surrendered to the authorities. Afghanistan reported that a total of 886 antipersonnel mines were discovered and destroyed during calendar year 2017 from stocks recovered during military operations, surrendered during disarmament programs, and discovered by civilians.[16] Since Afghanistan’s stockpile destruction deadline, it has reported discovery and destruction of 84,518 antipersonnel mines in previously unknown stockpiles.[17]

Mines retained for training and development

Afghanistan does not retain any live mines for training in mine detection, mine clearance, or mine destruction techniques. It has reported that “mine bodies used in these programmes have had their fuzes removed and destroyed and are no longer capable of being used.”[18] In June 2011, the chief of operations of the Mine Action Coordination Center of Afghanistan (MACCA) confirmed to the Monitor that Afghanistan does not retain any live mines for training or other purposes.[19] All mines retained are fuzeless and are used to train mine detection dogs.[20]

Cluster Munition Convention Article 4 Compliance

Under Article 4 of the Convention on Cluster Munitions, Afghanistan is required to destroy all cluster munition remnants in areas under its jurisdiction or control as soon as possible, but not later than 1 March 2022.

Afghanistan’s Mine Ban Treaty Article 5 deadline extension request in 2012 provided for clearance of all ERW, including unexploded submunitions, by 2020.[65] Cluster munition clearance has been overshadowed by funding constraints, competing priorities, and insecurity, which has hindered access to some cluster munition-affected areas, but DMAC continues to assert that with financial support Afghanistan can complete clearance in 2019, two and a half years ahead of its Article 4 deadline.[66]

The 16 cluster munition-contaminated areas reported in Afghanistan’s Article 7 report for 2017 are being addressed through a project implemented by DAFA and funded by the US Department of State. The project started on 1 September 2017 and it expected to be completed on 31 September 2019.[67] In 2017 and 2018, additional cluster munition contamination was identified, which is outside the scope of this project. Moreover, DMAC expects that other areas may be identified in the future. In July 2018, DMAC reported that DAFA was unable to access two sites in Nagarhar and Paktya provinces due to security constraints.[68]

Five-year summary of clearance[69]

The Monitor acknowledges the contributions of the Mine Action Review (www.mineactionreview.org), which has conducted the primary mine action research in 2018 and shared all its country-level landmine reports (from “Clearing the Mines 2018”) and country-level cluster munition reports (from “Clearing Cluster Munition Remnants 2018”) with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.

In 2017, the Islamic Republic of Afghanistan received nearly US$42 million from 17 donors, a decrease of 27% compared to 2016 ($15 million less).[1]

The United States (US) provided the largest contribution with $18 million, which represents 43% of the total international mine action assistance in Afghanistan for 2017.

Of the total contribution, more than four-fifths ($33.4 million) went toward clearance and risk education activities, 6% ($2.4 million) was for victim assistance, 3% was for capacity-building ($1.3 million), and the remainder ($4.8 million) went to other mine action activities that were not disaggregated by sector.

Victim assistance is integrated within the broader coordination mechanisms of the disability sector.[2] Consequently, overall funding to victim assistance is under-reported. As in 2016, victim assistance came from three donors in 2017: Germany ($1.8 million), Italy ($565,0500), and Norway ($133,045).

The Mine Action Programme of Afghanistan (MAPA) is largely funded through international assistance, although in the past the government of Afghanistan has reported contributing to some specific projects. For instance, in 2015 the government of Afghanistan contributed $1.5 million for clearance operations in Logar province, while in 2013, Afghanistan contributed $2.6 million for clearance of the Aynak copper mine.[3] No information on any national contribution was available for 2017, 2016, and 2014.

International contributions: 2017[4]

Since 2013, Afghanistan has received more than $260 million in international assistance for mine action. Between 2010–2014, a downward trend had been apparent with a continuous decline in international assistance that dropped from $102 million in 2010 to less than $50 million in 2014.

In 2017, Afghanistan Directorate of Mine Action (DMAC) noted that “If the funding trend continues to be the same, it is unlikely that Afghanistan will fulfill its obligation toward Ottawa extension plan and achieve its goal of making the country free from mine/ERW by 2023.”[5]

Summary of contributions: 2013–2017[6]

The mine ERW casualty total for 2017 for the Islamic Republic of Afghanistan is based on Monitor analysis of data provided by the Directorate of Mine Action Coordination (DMAC). There has been a trend of increasing mine/ERW casualties in Afghanistan since 2013. In 2017, the increase was attributable to an increase in ERW casualties. Casualties caused by antipersonnel mines,antivehicle mines, and improvised mines decreased in 2017. Mine/ERW and improvised explosive device (IED) casualty data in Afghanistan is updated regularly and therefore discrepancies often occur in the total numbers of recorded casualties between update periods.

In 2017, the majority of mine/ERW casualties, 55%, were children (1,124 of 2,039 were the age was known). This represents a continuing increase in annual child casualties both in total numbers and as a proportion of the total compared to 2016 (42%, or 841 casualties) and 2015 (36%, or 577 casualties).

The UN Assistance Mission in Afghanistan (UNAMA) has reported that improvised mines constructed aspressure-plate IEDs (PP-IEDs),“function as victim-activated devices, triggered by any person stepping on them—including children—or any vehicle driving over them.” These improvised mines, therefore, likely fit the Mine Ban Treaty definition of antipersonnel mines.[3] In 2018, the United Nations Mine Action Service (UNMAS) replaced the term PP-IED with Abandoned Improvised Mine (AIM) in its data.[4] The term PP-IED continued to be used by UNAMA.[5] The number of PP-IED casualties recorded by DMAC decreased slightly to 1,093 in 2017 from the 1,185 recorded for 2016.[6] The annual number of improvised landmine casualties reported with disaggregated data by UNMAS and/or UNAMA for the years 2012–2017was far higher than those identified in the years prior to 2011: 2017 (1,041), 2016 (1,195), 2015 (1,101), 2014 (809),[7] 2013 (567), and 2012 (987).[8]

For 2017, UNAMA reported 1,019 PP-IED casualties.[9] Civilian casualties from improvised mines accounted for more than half of the 1,856 (624 killed; 1,232 injured) civilian casualties from IEDs reported by UNAMA for 2017 in its annual report. UNAMA uses a strict and exacting methodology for verification of civilian casualties, and acknowledges that this, together with limitations in the operating environment, creates the possibility of under-reporting. UNAMA describes its methodology and limitations on its data as follows: “For verification of each incident involving a civilian casualty, UNAMA requires at least three different and independent types of sources, i.e. victim, witness, medical practitioner, local authorities, confirmation by party to the conflict, community leader or other sources…Where UNAMA is not satisfied with information concerning an incident, it will not consider it as verified. Unverified incidents are not included in this report…UNAMA does not claim that the statistics presented in this report are complete and acknowledges possible under-reporting of civilian casualties given limitations inherent in the operating environment.”[10] Since 2015, UNAMA has reported a continued decrease in civilian deaths and injuries from command-detonated IEDs,[11] which are not prohibited by the Mine Ban Treaty.

Both DMAC of the government of Afghanistan (previously, MACCA) and UNAMA have expressed concerns about civilian casualties from ERW associated with the closure of International Security Assistance Force (ISAF) bases and high-explosive firing ranges. Many of the ranges were not sufficiently cleared of ERW prior to closure.[12] Casualties from bases and ranges were recorded as follows: two in 2009, nine in 2010, 15 in 2011, 49 in 2012, 53 in 2013, 34 in 2014, eight in 2015, 22 in 2016, and 10 in 2017.[13]

Cluster munition casualties

Since 1980, 756 casualties of cluster munition remnants have been recorded. In addition, at least 26 casualties during cluster munition strikes have been recorded.[14] DMAC/MACCA data included 249 unexploded submunition casualties since 1981.[15] No unexploded submunition casualties were reported in 2016 and 2017; four were reported in 2015.

Summary action points based on findings

• Expand access to physical rehabilitation needs, particularly in provinces lacking services or where traveling to receive rehabilitation is difficult for survivors.
• Develop, adopt, and implement a national disability plan that includes objectives that respond to the needs of survivors and recognizes its victim assistance obligations and commitments, together with a monitoring structure.
• Ensure that meaningful participation of survivors is increased at all levels.
• Prioritize physical accessibility, particularly for services and for government buildings.
• Provide psychosocial and psychological support, including peer support in particular to new survivors as well as those who have been traumatized and live in isolation.

Victim assistance commitments

The Islamic Republic of Afghanistan is responsible for significant numbers of survivors and victims of landmines, cluster munitions, and other explosive remnants of war (ERW). Afghanistan has made commitments to provide victim assistance through the Mine Ban Treaty and has victim assistance obligations under the Convention on Cluster Munitions.

Afghanistan ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 18 September 2012.

Victim Assistance

The total number of survivors in Afghanistan is unknown, but in 2006 the number was estimated to be 52,000–60,000.[1]

Victim assistance since 2015

Despite improvements, geographic coverage of healthcare remained insufficient, particularly in terms of physical rehabilitation. Physical rehabilitation services were almost entirely operated by international NGOs and the ICRC under the coordination of the government. The government of Afghanistan was preparing for taking on the responsibility of managing physical rehabilitation services, starting within the local healthcare services level and providing for rehabilitation from the development budget.[2] The ICRC increased its support to medical care, physical rehabilitation, and social reintegration consistently throughout the period, while international NGOs continued to provide the remainder of physical rehabilitation services.[3]

Movement restrictions (due to conflict, lack of accessible roads, and the cost of transport) were persistent obstacles to victim assistance in some parts of the country, which continued through the reporting period.

Handicap International (HI) and the Swedish Committee for Afghanistan (SCA) had to hand over physiotherapy services in health facilities according to a Ministry of Public Health (MoPH) policy requirement that physiotherapy services should be provided only as part of the Basic Package of Health Services (BPHS) through district hospitals and health clinics by end of 2015.[4]

Funding challenges continued to impede progress. In 2013, there was an overall decline in the number of projects being implemented and some organizations were unable to fulfill their planned projects and overall mandates due to a decrease in international financial support. Although resources were greatly reduced, there were still some donors who sustained their support for persons with disabilities in ways that included survivors. The Mine Action Coordination Centre of Afghanistan (MACCA) and the UN Mine Action Service (UNMAS) increased financial support to victim assistance and disability-related projects by registering national and international NGOs, which could then receive specific project funding. By 2017, the MACCA was renamed the Directorate of Mine Action Coordination (DMAC).

Afghanistan reported that, while there was tangible progress on the ground, the scale of victim assistance services was inadequate compared to the need.[5] Funding decreased and many NGOs providing victim assistance and other services for persons with disabilities faced critical financial shortages. Due to the shortage of financial resources some provincial branches of NGOs ceased their victim assistance activities.[6]

Victim assistance in 2016 (or Afghan year 1395)

Since 2014, funding had decreased significantly. As a result, many organizations that provide disability assistance were nearing the point of facing closure, such as the Afghan Landmine Survivors Organization (ALSO), Community Center for Disabled People (CCD), Development and Ability Organization (DAO), and others. Yet the government did not have any plan to provide direct victim assistance, even as the number of survivors was increasing. The lack of funding had a significant negative impact on the probable survival of local NGOs and consequently, on the lives of survivors. The local organizations that had predominately provided service for survivors or persons with disabilities declined although there was not yet a state-led program to serve persons with disabilities that would replace that assistance. Local NGOs reported occasionally being granted small projects, but were unable to compete with the large international NGOs for more sustainable funding. Although the number of survivors continued to increase, disability was not among the priorities of most of donors.[7]

Afghanistan reported that victim assistance, as one of the main pillars of mine action, focused on advocacy, awareness, and prevention activities within the broader context of the disability sector as required by the Mine Ban Treaty.[8] It also stated that the victim assistance sector faced a “critical funding shortfall.” In this context, Afghanistan explained that disability rights and victim assistance agencies “received the least amount of financial support from the international community” and that the limited financial support “endangers” existing capacities and the potential for implementation.[9] Due to the decline in funding, only one prioritized victim assistance project received funding through the mine action center in 2016. The UNMAS/DMAC Victim Assistance Department did not have adequate funding to directly implement projects, but rather maintained a list of prioritized projects to which funds could be allocated.[10] Of the seven projects identified for implementation by UNMAS/DMAC in 2017, only the project for establishing physical rehabilitation centers in Khost and Farah provinces was funded. Six out of nine physical rehabilitation centres supported through the UN Voluntary Trust Fund—including four mobile orthopaedic workshops—faced insecure funding situations.[11]

In 2016, 90% of the population lived more than 100 kilometers from a rehabilitation center and some 20 provinces out of 34 do not have prostheses and orthoses facilities.[12] A lack of female health service providers remained a challenge in rural areas.[13]

Assessing the needs

No specific needs assessment surveys of survivors’ needs were reported in 2016, though many organizations kept their own records on beneficiaries’ needs.

In 2016, a disability survey consultant conducted an in-country assessment, stakeholder meetings, and completed the preliminary work to develop the implementation plan for the nationwide disability survey.[14] However, in accordance with instructions from the US Agency for International Development (USAID), in March 2017 the National Disability Survey of Afghanistan (NDSA) was put on hold. The survey was subsequently removed from the scope of the US-funded Afghan Civilian Assistance Program (ACAP III).[15] The last national disability survey was carried out in 2005.[16]

A program evaluation by SCA among community-based rehabilitation (CBR) participants confirmed the high proportion of war and mine/ERW survivors among men with disabilities compared to other groups of persons with disabilities. Persons born with impairments had the same gender breakdown, while disease caused a higher proportion of disability among females.[17]

HI conducted small-scale surveys on needs, capacities, issues, and challenges in project sites (small areas) in order to understand the situations faced by mine/ERW survivors and persons with disabilities. A Knowledge, Attitude, and Practices (KAP) survey conducted by HI community mobilizers among 600 community members in Kandahar.[18]

The Afghans Landmine Survivors’ Organization (ALSO) conducted a study and assessment titled Access of Persons with Disabilities to Education in Afghanistan in 2017. Findings of the study were shared with victim assistance and disability organizations in a conference conducted in Kabul and findings were published for wider distribution.[19]

Victim assistance coordination[20]

MoLSAMD is the government focal point for victim assistance and regulating the legislation of disability issues overall.[21] A new Deputy Minister for MoLSAMD was appointed, as the victim assistance focal point in 2015.[22] In 2016, an institutional capacity assessment and action plan was developed for MoLSAMD, by an international consultant supported by UNMAS, and shared with the ministry for implementation purposes.[23] Other national and international stakeholders support the government in developing or amending legislation. The MoPH, the MoE, and MoLSAMD are involved in disability services and advocacy activities. The work of these three key ministries is supported by the Victim Assistance Department of UNMAS/DMAC, which works closely with three ministries and which provides technical support to each for annual planning, priority setting, contract development, and quality assurance for UNMAS-funded activities.[24]

The Victim Assistance Department of DMAC/UNMAS supported a capacity-building need assessment for MoLSAMD that began in the first quarter of 2017. A desk-based assessment with the three key ministries found that there was a lack of reliable data and data collection process in the ministries. Based on the assessment, work with Martyrs and Disability Deputy Ministry of MoLSAMD to develop a new database started in March 2017 and 15 ministry personnel were trained on the database, which was planned to be officially launched later in 2017. New beneficiary data collection forms were also designed.[25]

From the beginning of 2016 through the end of the second quarter of 2017, three additional victim assistance/disability organizations were accredited by DMAC/UNMAS and received certification to conduct activities.[26]

The MoPH plan of action consists of the Basic Package of Health Services (BPHS) and the Essential Package of Hospital Services (EPHS); physiotherapy services are included in both, while prosthetic services were only included in the EPHS. The MoPH Strategic Framework 2011–2015 counted improving disability services among its priorities, and the ministry’s focal point for disability, the Disability and Physical Rehabilitation Department (DRD), had an implementation strategy for the framework. The MoPH included disability and physical rehabilitation in a new national health policy originally developed for 2015–2020. The national disability and physical rehabilitation strategic plan for the health sector 2016–2020 was drafted and in the approval stages.[27]

No progress was reported on the process of developing a national plan for persons with disabilities. The National Disability Action Plan remained unrevised since it expired in 2011. A new plan was not to be drafted until the finalization of a comprehensive national disability policy. The Afghanistan National Policy for Persons with Disabilities was in its third draft in 2016 and had been made available in local languages for wider consultation and feedback.[28]

The Mine Action Program of Afghanistan (MAPA) adopted a five-year (2016–2021) strategic plan in 2015 addressing the so-called pillars of mine action. A sub-goal of the plan focuses on victim assistance, and related advocacy. Advocacy efforts are undertaken to ensure that disability and victim assistance are addressed in relevant government strategies, policies, and in departmental budgets.[29]

An action plan for implementation of the newly developed Inclusive and Child Friendly Education Policy, making the National Education Strategic Plan III (NESP III 2016–2020) was significantly more inclusive of victim assistance and disability rights than the previous two plans. With these changes, inclusive education was comprehensively addressed in the third strategic plan.[30] A number of policies in Afghanistan referred to services for persons with disabilities, and although relevant to mine/ERW survivors do not necessarily specifically mention victim assistance. Other than the former Inclusive Education Policy of the MoE, among these was the Health and Nutrition Strategy of the MoPH.[31]

In 2017, ACAP III (April 2015–February 2018), was being implemented by UNMAS to provide “immediate assistance packages including food and non-food items, psychosocial counseling, physical rehabilitation support and economic reintegration packages tailored to individual needs to restore lost livelihoods and assist with recovery.” Activities were anticipated to continue until 2018.[32]

ACAP III is a USAID-funded program through the UN Voluntary Trust Fund for Assistance in Mine Action intended to provide targeted immediate assistance to victims of conflict, mines, and ERW; strengthen existing services; and contribute to the development of government authorities’ capabilities to provide assistance to civilian victims of conflict in Afghanistan. Long-term services are also provided in communities most affected by conflict. Other ACAP III objectives are to link beneficiaries with assistance programs and to improve knowledge of victim assistance services among communities, civil society, and government networks.[33] ACAP III marked a change from the first two ACAP programs, which provided humanitarian assistance only for assistance-eligible incidents to “innocent civilian casualties who have suffered losses resulting from operations between U.S. and coalition military forces and the Taliban or other insurgents.”[34]

Coordination and planning

The coordination group for victim assistance with the participation of key bi-monthly national and international victim assistance and disability organizations and representatives of the line ministries, including the MoPH, MoLSAMD, and the MoE (established by MACCA in 2013), held five meetings in 2016, as it had in 2015; discussion at these meetings focused on ACAP III, assistance to civilian victims of conflict, and mine/ERW and IED civilian victims specifically, as an added value of the victim assistance pillar of the mine action.[35] In 2017, through the end of July, three victim assistance coordination meetings were held to discuss issues of national ownership and the roles of ministries, coordination of activities, and funding raising.[36]

Several other coordination groups regularly held meetings relevant to victim assistance and disability rights, both nationally (from Kabul) and at the regional level. The various coordination group meetings included the following:

• The Disability Stakeholders Coordination Group (DSCG) (Chaired by the deputy minter of MoLSAMD) conducted 10 meetings in 2016, compared to nine in 2015, with topics including the amending disability law, CRPD reporting, consideration of an independent directorate for disability issues, disability employment within government agencies, and annual events. Another three DSCG meetings through June 2017 focused on amendments to the national disability law.
• The Disability and Physical Rehabilitation Taskforce (coordinated by the MoPH) held six working group meetings in 2016, compared to five in 2015, an accomplishment being the revision and continued updating of a new disability and physical rehabilitation strategy, disability certification guidelines, and training of physiotherapists and prosthetic technicians. In April 2017, the Physical Rehabilitation Taskforce meeting addressed the annual action plan for Afghan year 1396 (2017–2018).
• The Advocacy Committee for the Rights of Persons with Disabilities (ACPD) includes advocacy meetings and events on a wide range of issues held by diverse actors from the sector. In April 2017, ALSO hosted an ACPD meeting where committee members jointly finalized the committee’s three-year (2017–2020) strategic action and 2017 action plan. Three ACPD meetings were held in 2017 through June, with the focus on nationwide disability survey planning.
• The Afghan CBR Network (coordinated by the MoPH-DRD) conducted three meetings in 2016, compared to two meetings in 2015, and discussed implementation of the CBR program carried out in 20 out of 34 provinces of Afghanistan.
• The Inclusive Child Friendly Education-Coordination Working Group (ICFE-CWG); chaired by the MoE held 10 meetings in 2016, 11 meetings in 2015, and 10 in 2014, and discussed implementation of the Inclusive Education policy and other relevant issues.
• The Inter-ministerial Committee on Disability; chaired by MoLSAMD also holds occasional meetings.[37] More generally national and regional meetings of the UNCHR-led Afghanistan Protection Cluster (APC) were conducted to avoid duplication and coordinate activities concerning protection of the civilians.

In October 2016, the MoLSAMD, with the support of Counterpart International and USAID, held a two-day national conference, the National Conference for Persons with Disabilities, in Kabul with 450 participants, including the representative of Executive of the Islamic Republic of Afghanistan, the first lady, ministers and deputy ministers, representatives of the national and international institutions, and key stakeholders from provinces, including representation by persons with disabilities. The government affirmed its commitment to the rights of persons with disabilities, specifically capacity-building and vocational training. Problems and challenges, as well as probable future obstacles, were discussed.[38] In cooperation with MoLSAMD, the ACAP III technical advisor provided substantive support to MoLSAMD for the 2016 National Disability Conference.[39]

In follow-up to the National Conference for Persons with Disabilities in Afghanistan, in May 2017 a conference entitled the Afghan Disability Rights Conference: From Policy to Programming was held at the Embassy of Afghanistan in Washington, DC, with 150 participants joining panel discussions and sharing of ideas. Mine/ERW survivors were mentioned together with other persons with disabilities and a mine survivor and persons with disabilities participated on panels.[40]

Reporting

Afghanistan provided information on progress in and challenges to victim assistance at the Mine Ban Treaty Fifteenth Meeting of States Parties in Chile and intersessional meetings in 2016. Afghanistan presented victim assistance developments at the Convention on Cluster Munitions Sixth Meeting of States Parties in September 2016.[41] Afghanistan continued to make extensive use of all sections of its Convention on Cluster Munitions Article 7 report for 2016. Afghanistan also included detailed reporting on victim assistance activities in its Mine Ban Treaty Article 7 reporting for 2016.[42]

Survivor inclusion and participation

Persons with disabilities and their representative organizations were included in decision-making and participated in the various coordination bodies. However, it was reported that their views were not fully taken into account. Survivors and other victims were involved in short-term decisions only, being invited to meetings was seen as a means of pacification.[43] It was reported that survivors involved in planning and coordination presented ideas and had expectations that they would be considered, but the implementing organizations, government, and donors were not able to respond to all the needs survivors presented.[44] With only a few organizations involved in implementation of victim assistance projects, survivors were not adequately included in service provision.[45]

The inclusion of persons with disabilities, survivors—and their representative organizations, if and where they existed—remained totally insufficient. Participation was generally not effectively included as an essential component of activities.[46]

Some NGOs had a proportion of employees who were persons with disabilities. The ICRC Afghan Physical Rehabilitation Program was managed by persons with disabilities. The rehabilitation program maintained a policy of “positive discrimination,” employing and training only persons with disabilities. Service provision was entirely managed by survivors and persons with disabilities, including technical and administrative positions. The ICRC continuously consulted with and involved survivors in the decision-making process as survivors were fully integrated into its operations. The positive discrimination policy also aimed to demonstrate that persons with disabilities are an asset to society, not a burden.[47] HI staff in Afghanistan included 14% of persons with disabilities.[48] At HI rehabilitation centers 19% physical rehabilitation center staff are persons with disabilities, most of them being mine survivors.

Service accessibility and effectiveness

Victim assistance activities

Emergency and continuing medical care

The health sector in Afghanistan was not reaching as many people as needed services and a more inclusive policy and implementation was required. Difficulty with human resources as well as conflict within the national government made the delivery of inclusive public health and affected all Afghans difficult, especially persons with disabilities.[49]

Conflict in Afghanistan resulted in the need for an increase in medical care, while there were fewer resources available. As was the case in recent years, many of the weapon-wounded patients treated at ICRC-supported hospitals were injured by mines or ERW: 679 out of 1,850 (or 37%) in 2016, and 1,065 of the 2,202 (or 48%) reported for 2015.[50] In 2016, more than 1,500 weapon-wounded people reached the hospitals by means of an ICRC-funded transport system of taxis and ICRC vehicles.[51] In 2015, some 2,100 weapon-wounded people reached the hospitals through the system, 1,600 people in 2014, and 1,000 in 2013.[52]

The number of newly registered amputees recorded in the ICRC orthopedic center data demonstrated that the number of survivors and amputees remained constant since 2013:

• 2014: 1,318 amputees registered, including 538 mine survivors, 51 other war incidents, and 729 persons amputated for other reasons;
• 2015: 1,261 amputees registered, including 521 mine survivors, 47 other war incidents, and 693 persons amputated for other reasons;
• 2016: 1,317 amputees registered, including 525 mine survivors, 44 other war incidents, and 748 persons amputated for other reasons; and
• January–June 2017: 560 amputees registered, including 238 mine survivors, 26 other war incidents, and 296 persons amputated for other reasons.[53]

During 2016 and through July 2017, ACAP III provided some 11,400 war victims with immediate assistance packages of food and non-food items.[54]

Physical rehabilitation, including prosthetics

Physical rehabilitation was not available in all provinces of Afghanistan.Rehabilitation centers were concentrated in 16 of the 34 Afghan provinces and patients were often forced to travel long distances to access services. Six rehabilitation centers faced funding shortages in 2016–2017.[55] DAO reported that the provision of physical rehabilitation was “tremendously reduced” in both its physical rehabilitation centers in Kunar and Uruzgan province due to a severe funding problem. As a result, persons with disabilities in these provinces remained without prosthetic limbs in 2016–2017.[56] Previously, in 2015–2016, DAO had managed to increase coverage and the number of people served by establishing a new fixed and mobile physical rehabilitation center for persons with disabilities, covering all districts of Uruzgan, and nearby districts from Zabul and Daikondi provinces.[57]

A lack of female health service providers especially in the field of physical rehabilitation was a challenge in rural areas, which resulted in women and girls with disabilities having less access to services.[58]

Through ACAP III an additional seven rehabilitation facilities (three static centers and four mobile centers) were established in Khost, Uruzgan, Faryab, Kunduz, Kabul, and Farah provinces. In 2016, UNMAS/DMAC established physical rehabilitation centers in Khost and Farah provinces. The project, implemented by AABRAR, started in September 2016 and was completed by the end of April 2017. The Khost and Farah centers delivered 176 prostheses among the 2,416 direct beneficiaries receiving rehabilitation services. Additionally, disability awareness and advocacy training was provided to 2,917 people at the centers.

Physiotherapists in Afghanistan are mostly employed by NGOs and international organizations. The goal for long-term sustainability of rehabilitation is to gradually shift services into government institutions, as the medical sector is improved and is able to take over the provision of rehabilitation services.[59]

Delivery of prostheses in the seven ICRC centers in 2016 totaled 4,321, 59% (or 2,553) of which were for mine/ERW survivors;[60] in 2015, 4,120 (2,474 of which were for mine/ERW survivors).[61] In the first six months of 2017, 2,072 prostheses were manufactured, 1,227 of them for mine/ERW survivors. Over several years to 2017, the ICRC program has been facing a worrying increase in the number of children affected by cerebral palsy (CP) or who are spinal cord injured (paraplegics and tetraplegics) as these two categories of disability were totally neglected by the health system. New units had to be created, training organized, and qualified staff increased. ICRC requests for an intervention of the MoPH, through its DRD, were not responded to and governmental hospitals were not providing assistance.[62]

In support of the national and local authorities HI began a project to harmonize training curricula for local physiotherapist and orthopedic technicians, opened training centers in seven provinces (in Kandahar, Herat, Nangarhar, Balkh, Takhar, Kapisa, and Kabul), and increased the capacity of the existing rehabilitation facilities. The EU-funded project, Toward Improved Access to Quality Physical Rehabilitation in Afghanistan (TIQRA), launched in December 2015, supports the government of Afghanistan to improve the of delivery of public health services with a special focus on contributing to the expansion of and improved access to quality physical rehabilitation in underserved areas. A consortium of three partners: HI (as lead organization), Norwegian Afghanistan Committee (NAC), and Swedish Committee for Afghanistan (SCA) were implementing the project.[63]

In Lashkar Gah, Helmand province, the planning for the construction of a new ICRC orthopedic center was in progress in 2017. The center was designed to provide Helmand with a permanent and well-equipped rehabilitation center to replace the existing functional but temporary facility.[64] State plans for 2017–2018 included establishing three physical rehabilitation centers in Khost, Farah, and Kunar provinces respectively, funded by Canada through the UN Voluntary Trust Fund.[65] The MoPH maintained a priority list of provinces for future expansion of rehabilitation and prosthetic services under the Essential Package of Hospital Services (EPHS). It was planned to have nine physical rehabilitation centers placed under the supervision of the MoPH over a period of 10 years.[66]

The ICRC reported that, as acknowledged by the MoPH authorities, it would be unrealistic to consider the government capable of ensuring the required rehabilitation services itself. It is anticipated that it will take years before the national authorities have the capacity to fully manage the long-term functioning of services.[67]

ACAP III provided home-based physiotherapy to civilian victims of conflict in all 34 provinces of Afghanistan. Physiotherapists also provided referrals to local facilities and travel assistance. In 2017, ACAP III was providing a limited number of amputees with high-tech electric upper limbs for the first time in Afghanistan, with technical support for UNMAS from the EMPOR Organization.[68]

Social and economic inclusion and psychological support

A lack of dedicated resources severely inhibited capacities to provide employment for persons with disabilities, including mine/ERW survivors.[69] The ICRC secured employment for persons with disabilities[70] and supported vocational training.[71] The ICRC also provided micro-credits for persons with disabilities and their families, distributed stationery kits to students, and supported home tuition for children.[72] From September 2015 through June 2016, the CCD implemented a project to support the war victims in Kunduz province.[73]

The ACAP III project supported 4,300 eligible war victims, including mine/ERW-affected victims, with tools based on their economic reintegration needs.[74]

A lack of psychosocial support, particularly peer support, has remained one of the largest gaps in the government-coordinated victim assistance and disability programs, although some national and international NGOs provided these services. Psychosocial counseling services were provided to civilian conflict victims nationwide through ACAP III.[75] During 2016 through July 2017, a total of 12,500 eligible war victims received psychological support and counseling through ACAP III.[76]

Overall there were very limited opportunities for sports for persons with disabilities throughout the country. The ICRC offered persons with disabilities social inclusion opportunities and also continued to promote a wide range of sporting activities.[77] The Afghanistan men’s and women’s wheelchair basketball national teams were sponsored to travel abroad to compete in international tournaments.[78]

In 2016, UNMAS could not financially support inclusive education training due to lack of funding. Other stakeholders, including SERVE, SCA, and AAR Japan, continued to provide financial and technical support for inclusive education training of MoE school teachers and enrolment of children with disabilities in general schools (at least 1,600 beneficiaries from 2016 through July 2017).[79] Through August 2017, UMMAS/DMAC only had enough resources available for its victim assistance department to provide technical support for inclusive education activities of the MoE. UNMAS/DMAC continued to seek funding to support inclusive education directly as had been the case until 2014.[80] ALSO held a conference on the results of its study on education needs in 2017. The main objective was to promote access of persons with disabilities to primary, secondary, and higher education.[81]

Gender

Many NGOs, both national and international, provided assistance to women with disabilities in major provinces. However, women with disabilities in remote provinces and districts required more support. The Mine Action Program of Afghanistan (MAPA) Gender Mainstreaming Strategy 2014–2016, including victim assistance, was addressed through coordination and gender mainstreaming officers in NGOs.[82] The Gender Mainstreaming Strategy 2014–2016 stated, “Existing discrimination and bias sometimes mean that women can be hard to reach when implementing surveys and as a result, this means that their priorities–frequently the priorities of their children and of basic community survival–can be excluded. In areas such as victim assistance…gender determines the access to and impact of activities and services, where females often face more restrictions compared to males.”[83] In mid-2016, a gender consultant completed in-country assessment of gender considerations in ACAP III and measures to improve gender awareness in MoLSAMD services.[84]

After it expired, the Gender Mainstreaming Strategy 2014–2016 was replaced with a UNMAS/DMAC gender and diversity policy; as well as being represented in the fourth goal (on gender) of the National Mine Action Strategic Plan. A new Gender Associate with UNMAS/DMAC was recruited in March 2017 to coordinate gender issues, including victim assistance and disability contexts.[85]

Services for women and also for children were not sufficient to reach those in need or to cover all disabled women or children in the country.[86]

Laws and policies

The Law on the Rights and Benefits of Person with Disabilities and the Law on the Rights and Benefits for Relatives of Martyrs and Disappeared Persons remained the key legislative provisions. The Law on the Rights and Benefits of Persons with Disabilities was amended[87] in March 2013. However, the law contained discriminatory provisions and was not in conformity with the principles of the CRPD. In 2015, a working committee for amending the disability law was established.[88] By the end of 2016, Afghanistan stated that “the complete amendment of the Law on the Rights and Benefits of Persons with Disabilities has been initiated to comply with the international human rights obligations, as well as to address problems on its practical implementation.”[89] The process of amending the legislation was completed by May 2017 and the draft submitted to Ministry of Justice. The revised law was subsequently returned to MoLSAMD to be sent to Ministry of Justice for approval and publication in official gazette as “The Law of Persons with Disabilities.” The law was pending approval by the national government in August 2017.[90]

According to legislation, persons with disabilities should comprise 3% of state employees. In 2015, the Independent Joint Anti-Corruption Monitoring and Evaluation Committee reported that many persons interviewed noted that numerous violations of the Law on the Rights and Privileges of Persons employment quota occurred due to bribery and nepotism that resulted in job opportunities being taken away from persons with disabilities.[91]

The constitution prohibits any kind of discrimination and requires the provision of assistance to persons with disabilities, which include healthcare and financial protection.[92] In 2017, it was reported that “in practice, the situation is quite different and many persons with disabilities are deprived of basic rights.”[93]

Except the monthly pension, no other resources were allocated for victims or survivors directly.[94] Pensions are reported to be “totally insufficient” and not all persons with disabilities were eligible to receive them.[95] Discrimination in the allocation and payment of pensions by which only war victims were entitled to benefits persisted.[96]

Although Afghan disability legislation mandates that ministries, government offices, transportation facilities, and all new public construction should include facilities for the persons with disabilities in their design, it was reported that it rarely occurs.[97] In 2016, MoLSAMD, with support of the World Bank, started renovation of the ministries premises in order to improve accessibility for persons with disabilities in line with accessibility guidelines and standards. The renovation was completed in the first quarter of 2017.[98]

It was reported that although Afghanistan had joined the relevant treaties and conventions, the provisions were not implemented.[99]

In 2015–2016, DAO trained some 500 medical practitioners in the application of the CRPD and its obligations to provide adequate medical care to persons with disabilities.[100] One hundred NGO employees in five provinces[101] were also trained in CRPD and disability rights awareness.[102]

In 2016, Afghan DPOs submitted a detailed parallel (alterative, or “shadow”) CRPD report to the Committee on the Rights of Persons with Disabilities.[103]