Afghanistan: Vote on Draft Resolution*
This afternoon (27 April), the Security Council is expected to vote on a draft resolution on Afghanistan. The draft text was proposed by the co-penholders on the file, Japan and the United Arab Emirates (UAE), after the Taliban decided to prohibit Afghan women from working for the UN in early April. (For more information on the ban, see our 5 April What’s in Blue story.) The draft resolution is open for co-sponsorship by the wider UN membership.
Draft Resolution
The draft text in blue condemns the Taliban’s decision to ban Afghan women from working for the UN and says that it undermines human rights and humanitarian principles. It also calls for the full, equal, meaningful, and safe participation of women and girls in Afghanistan and calls on the Taliban to swiftly reverse the policies and practices that restrict women and girls’ enjoyment of their human rights and fundamental freedoms. The draft resolution further underscores that dialogue, consultation, and engagement among all relevant Afghan stakeholders, the region, and the wider international community is critical for a political settlement in Afghanistan and welcomes diplomatic efforts conducive to such a settlement.
Language stressing the urgent need to continue addressing the dire economic and humanitarian situation in Afghanistan is also included in the draft in blue, as is text reiterating the Council’s demand that all parties allow full, rapid, safe, and unhindered humanitarian access regardless of gender. The preambular section contains language on several different issues, including the indispensable role of women in Afghan society, the effective delivery of humanitarian assistance, and the effect of the Taliban’s decision on the UN’s operations in Afghanistan.
Negotiations
The penholders circulated the first draft of the resolution to all Council members on 10 April. Council members met to discuss the draft on 11 April and later provided written comments. The penholders then shared a second draft of the text on 14 April. Following an additional round of written comments from Council members, on 17 April the penholders placed a third draft under silence until 18 April. Although China and Russia requested an extension of the silence procedure, France broke silence, with support from other like-minded Council members, before the deadline expired. The penholders subsequently engaged in bilateral consultations with the P5 (China, France, Russia, the UK, and the US), before placing a fourth draft under silence until 24 April. Silence was broken by China and Russia, after which France, the UK, and the US provided further written comments. After an additional round of consultations with the P5, the penholders placed a fifth draft under a short silence procedure on 25 April. Silence was broken by France, the UK, and the US, and the penholders then put a sixth draft directly in blue on 25 April. The vote was subsequently delayed until today (27 April) to allow time for further discussions.
It seems that the negotiations on the draft resolution were difficult. Although Council members appeared to agree on the need to send a message to the Taliban about the situation of women and girls in Afghanistan, it seems that China and Russia argued that the draft should also incorporate language concerning other issues, such as the humanitarian and economic crises facing the country, development, diplomatic engagement with the Taliban, and frozen assets belonging to Afghanistan’s central bank. Although the first draft focused primarily on the Taliban’s decision to ban women from working for the UN and the rights of women and girls, it appears that language referring to some of the matters raised by China and Russia was added to the draft during the negotiations, leading to disagreements among Council members. It seems that divisions also emerged in relation to language used to condemn the Taliban’s decision to ban Afghan women from working for the UN, the question of whether the privileges and immunities of the UN and its officials apply to national staff, and text calling on the Taliban to reverse their policies and practices that violate the rights of women and girls, among other matters.
The first draft of the resolution apparently condemned the Taliban’s decision to ban Afghan women from working for the UN in the strongest terms and said that it constitutes a breach of humanitarian principles, international rules on the privileges and immunities of the UN, and international human rights law. China apparently suggested that the draft should only express deep concern regarding the decision, while other members, including France, the UK, and the US, supported the penholders’ original formulation. It seems that some members objected to describing the decision as a breach of international human rights law and humanitarian principles, while China and Russia apparently argued that the privileges and immunities of the UN do not apply to national staff and contended that the draft should therefore not suggest that the ban contravenes the relevant rules.
As a compromise, the draft resolution in blue condemns the Taliban’s decision and says that it undermines human rights and humanitarian principles. References to the privileges and immunities of the UN in the preambular section of the draft resolution were also removed from the draft in blue, apparently due to continued opposition from China and Russia. In addition, some members, including Switzerland, apparently argued that the Council should condemn other decisions and policies of the Taliban that violate the rights of women and girls. It appears that this suggestion was opposed by other members, and this was not incorporated in the draft in blue.
It seems that some members, including the US, argued that the Council should demand, rather than call, for the full, equal, meaningful, and safe participation of women and girls in Afghanistan and for the Taliban to reverse its policies and practices that restrict women and girls’ enjoyment of their human rights and fundamental freedoms. Other members opposed this stronger language, however, and it was not included in the draft in blue.
Text regarding the humanitarian and economic crises in Afghanistan was a particularly divisive issue during the negotiations. After the first draft resolution was circulated, China and Russia apparently proposed adding operative language expressing concern over the dire humanitarian and economic situation in the country. It seems that China’s proposal referenced the need to address the challenges facing Afghanistan’s economy and called for progress in releasing assets belonging to Afghanistan’s central bank, while Russia apparently suggested text seeking to attribute blame for the economic crisis to several factors, including the frozen assets, and emphasised the importance of creating opportunities for economic development.
Subsequent versions of the draft resolution included preambular language referencing the need to address Afghanistan’s economic challenges, including through efforts to enable the use of assets belonging to the central bank. It seems that China and Russia advocated for including operative language regarding these matters; the penholders subsequently added a paragraph calling for strengthened efforts to address the substantial challenges facing Afghanistan’s economy and to provide humanitarian assistance and other activities that support basic human needs to the operative section of the third iteration of the draft resolution, which was placed under silence on 17 April. It seems that France broke silence over this text, with support from other like-minded Council members, apparently due to concerns that it could impose an obligation on member states.
It appears that the next version of the draft, which was put under silence until the afternoon of 24 April, replaced this paragraph with text stressing both the need to continue addressing the dire economic and humanitarian situation and the Council’s concern for the provision of essential services and the creation of economic and social conditions that can lead to self-reliance and stability in Afghanistan. It seems that this led China and Russia to break silence, following which both members apparently continued to push for operative language on addressing the challenges to the Afghan economy and unfreezing the assets of the central bank. It appears that the next version of the draft, which was put under a short silence procedure on 25 April, included operative text to this effect, which prompted France, the UK, and the US to break silence. In an apparent compromise, the draft resolution in blue includes language “recognising the need to help address the substantial challenges facing Afghanistan’s economy, including through efforts to enable the use of assets belonging to Afghanistan’s central bank for the benefit of the Afghan people”.
Language on dialogue, engagement, and diplomatic efforts conducive to a political settlement in Afghanistan was another point of contention. It appears that the first draft of the resolution included previously agreed language from a 27 December 2022 press statement recognising the importance of continuing engagement with all relevant Afghan political stakeholders, including relevant authorities. During the negotiations, China apparently sought to bolster this text by adding language on the need for dialogue, consultation, and diplomatic efforts aimed at achieving political settlement. Although this text was initially added to the preambular paragraphs of the draft, it was later moved to the operative section after China pushed for operative language regarding these matters. It seems that some members, including the US, argued that the language on engagement and diplomatic efforts should not be added to the draft resolution; however, this language was ultimately retained in the draft in blue. In addition, the first draft of the resolution apparently expressed the Security Council’s aspiration to see Afghanistan resume its place among the international community when substantial progress has been achieved on the relevant calls and demands of the Council. It appears that this language was removed from the draft following opposition from some members.
The draft resolution in blue also recalls Article 8 of the UN Charter, which provides that the UN shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. It seems that China and Russia sought to delete the reference to Article 8, but it was ultimately retained in the draft in blue after being shortened and moved to a paragraph on the effect of the Taliban’s ban on the UN’s operations.
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*Post-script: On 27 April, the Council unanimously adopted resolution 2681, which, among other matters, condemned the Taliban’s decision to ban women from working for the UN.
