We, the undersigned Afghan and international civil society organisations, write to you, once again, to share our grave concerns regarding the deepening human rights and humanitarian crisis in Afghanistan. We also reiterate the urgent need for the UN Human Rights Council (HRC) to establish an independent international accountability mechanism for Afghanistan (hereafter accountability mechanism) to support accountability for gross and systematic human rights violations and abuses and crimes under international law, including those that were committed in the past and those that continue to be committed across Afghanistan.

Violence against women and girls is pervasive, evolving, and requires an all-tools approach by the Council if it is to be ended. Excluding a gender analysis from efforts to addressing violence against women and girls – an established standard in international law – is legally and substantively insufficient. It risks excluding historically marginalised populations from essential protections, including rights to non-discrimination, bodily autonomy and freedom from torture or other ill-treatment. It undermines efforts to address the root causes perpetuating gender-based violence.

As the United States (“US”) approaches its 4th Universal Periodic Review (“UPR”), individuals’ sexual and reproductive health and rights have significantly deteriorated across the country, particularly with regard to abortion and related healthcare. Following the Supreme Court’s 2022 decision, Dobbs v. Jackson Women’s Health Organization,1 a growing number of states have implemented complete bans or aggressive restrictions on abortion, resulting in millions without access to care. Many seeking care, particularly in the South, are now forced to travel long(er) distances, seek medication through additional formal and informal means, or continue pregnancies against their will. Simultaneously, states are increasingly hostile to and criminalizing abortion seekers and providers, third parties who help individuals access care, and/or circumstances surrounding pregnancy, with laws that impose harsh penalties including fines, prosecution, and imprisonment.

Widespread and systematic violations of international human rights and humanitarian law characterized Liberia’s two brutal armed conflicts, which took place between 1989 and 2003. Liberian men, women, and children were gunned down in their homes, marketplaces, and places of worship. In a few cases hundreds of civilians were massacred in a matter of hours. Girls and women were subjected to horrific sexual violence3 including gang rape, sexual slavery, and torture. Children were abducted from their homes and schools and pressed into service, often after witnessing the murder of their parents. The violence blighted the lives of tens of thousands of civilians and displaced almost half the population.

The June 2022 Supreme Court decision Dobbs v. Jackson Women’s Health Organization eliminated federal constitutional protection for access to abortion in the United States. Following Dobbs, more than a dozen states fully banned abortion, and many others passed or proposed increased restrictions. On October 17-18, 2023, the Human Rights Committee will review US compliance with the International Covenant on Civil and Political Rights (ICCPR), including the impact of Dobbs on its human rights obligations.

The undersigned organizations call on the Biden administration to update the United States’ fifth periodic report to the UN Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR). The Committee will be basing its review on this report, which was submitted by the Trump administration on January 15, 2021. This report version lacks updates on existing U.S. policies, as well as a commitment to expand protections for marginalized communities, especially non-citizens, in the context of reproductive health and access to medical care. It is critical — and consistent with the Biden administration’s policy commitments — to address the gaps between current U.S. policies and the ICCPR.