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2.4. Other non-State actors

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COMMON ANALYSIS
Last update: January 2023

Human rights violations are also committed by other non-State actors, such as clans, tribes, (locally) powerful individuals, family members, criminal groups, etc.

Customs and customary law in the Afghan society can result in a number of harmful traditional practices, such as forced marriage and family violence against women, including honour killings committed by family members [Society-based targeting, 3.4 - 3.7, pp. 39-53; Criminal law and customary justice, 3, pp. 29-33]. See also the profiles 3.15. Women and girls, 3.17. LGBTIQ persons, 3.12. Individuals perceived to have transgressed religious, moral and/or societal norms, etc.

Non-State traditional justice, which is dominant in large parts of Afghanistan, involves different actors such as jirgas and shuras, including religious scholars, jurists, community elders and local powerbrokers, etc. Certain human rights violations are associated with such traditional justice mechanisms, including in relation to the absence of due process and the nature of the imposed punishments [Criminal law and customary justice, 1.7, pp. 18-19; Society-based targeting, 1.5, pp. 21-22; 6.4.2, pp. 78-82; Conflict targeting, 2.6, pp. 77-78].

Other human rights violations committed by non-State actors can be a consequence of land disputes between different actors, such as communities (including tribes and clans), ethnic groups or individuals, or can be a result of blood feuds or other forms of private disputes [Criminal law and customary justice, 2, 3; Society-based targeting, 1.5, 6.4, 7]. See also the profile 3.18. Individuals involved in blood feuds and land disputes].

Criminal groups and individuals committing crimes can also be non-State actors of persecution or serious harm in accordance with Article 6(c) QD.  While there was a lack of comprehensive data on crime rates, it was reported that the immediate aftermath of the Taliban takeover of power saw a drop in crime rates. By the second half of October 2021, sources began to report a rise in criminality, with Kabul residents pointing to an increase in armed robberies, kidnappings and extortion described as occurring on a daily basis in the capital. During September and October 2021, some 40 businesspersons were abducted in the capital as well as in Balkh, Kunduz, Nangarhar, Kandahar, and Herat provinces. The crime levels have risen concurrently with the deepening of the humanitarian and economic crisis in the country, particularly affecting the capital and other big urban areas [Security 2022, 1.2.4, p. 32].

The reach of a specific non-State actor depends on the individual case. The assessment may include aspects such as their family, tribal or other networks for tracing and targeting the applicant. The individual power positions of the applicant and the actor of persecution or serious harm should be assessed, taking into consideration their gender, social status, wealth, connections, etc.

See other topics concerning actors of persecution or serious harm: