Afghanistan, Denmark and Sweden offer protection to all women: 10 applications from women and girls rejected in August 2021 reviewed

NEW YORK – In a notable decision last week, Denmark’s Refugee Appeals Commission announced in a statement that it will grant asylum to all women and girls from Afghanistan “solely on the basis of their gender.” The appeals commission cited “worsening conditions for women and girls in Afghanistan” as the basis for its decision. Similarly, Sweden announced in December that all women and girls from Afghanistan would be granted refugee status and a three-year residence permit. Denmark’s new policy has already provided grounds for asylum for a woman and her daughter, who would otherwise remain in a vulnerable position. The Refugee Appeals Commission will also reopen all 10 applications involving women and girls from Afghanistan that have been rejected since August 16, 2021.

Women at risk of persecution. Denmark’s decision follows the European Union Agency for Asylum’s (EUAA) finding in January that “women and girls are generally at risk of persecution” under Taliban rule and “therefore eligible for refugee”. While EU member states must take into account the EUAA guidelines when assessing asylum applications, EU law does not legally oblige them to implement it. However, following these guidelines would offer vital protection to women and girls facing gender-based persecution in Afghanistan and would reflect faithful compliance with international refugee law standards.

Restrictions, abuse, beatings, torture. The two countries’ recognition of women and girls as automatic refugees comes at a critical time of growing crackdown on women’s rights in Afghanistan and growing uncertainty for Afghans seeking refuge in Europe and beyond. Since the conquest of Afghanistan in August 2021, the Taliban have relentlessly denied women and girls their basic rights, including the exclusion of girls from secondary schools and women from universities, including restrictions on dress, women’s movement and livelihoods. Protesting women face unjust detention, torture, beatings and other abuses at the hands of Taliban forces. The loss of women’s jobs has exacerbated the suffering caused by Afghanistan’s financial crisis, rising prices and economic insecurity.

Thousands of Afghans stuck in limbo. Since the Taliban’s takeover, thousands of Afghans have been stuck in limbo, waiting to be resettled. While Denmark, Sweden and the EUAA’s decision will not have the impact of large-scale resettlement programs that offer meaningful safe and legal pathways out of Afghanistan and transit countries, it represents an important moment of recognition that that half of the Afghan population faces persecution under Taliban rule. The move by Denmark and Sweden to offer women and girls automatic recognition as refugees should serve as a model for other refugee-receiving countries to follow suit.

* Emma Wilbur Coordinator of the Migrant and Refugee Rights Division for Human Rights Watch