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Compilation of Country of Origin Information on , January 2004

I General Information

1. Voter Registration By the first week of January 2004, 274,964 were registered in the eight main cities. This includes 215,781 men and 59,183 women. The current rate of registration is far below the rate necessary to complete registration for elections next year. It is necessary therefore that registration teams have access to all areas of the country. This week’s figures show that continues to lead the turnout of Afghans registering with 29 percent of the total number of voters registered in all cities. In terms of women’s participation, Bamyan continues to have the highest proportion of women registering, with 43 percent of the total 23,403 voters registered. This figure is followed by , where 29 percent of registered voters are women. 2. Loya Jirga Afghanistan's Loya Jirga has agreed on a new constitution that aims to bring stability and unity to the nation. The aim of the document is to unify the diverse nation and to prepare the ground for elections later this year. It envisages a powerful presidency - in line with the wishes of current leader - and two vice-presidents. The constitution is designed to consolidate an ethnically diverse state. The constitution also provides for women having guaranteed representation in the new parliament, as well as a powerful presidency. Agreement was reached after three weeks of heated debate that exposed the country's fragile ethnic relations. 3. General Security As a result of increased insecurity for UN and NGO staff in the South, South-East and East of Afghanistan, UNHCR has temporarily suspended the facilitation of returns from . All UNHCR direct field monitoring in Nimroz, , Hilmand, Uruzgan, Zabul, Paktia, Paktika, , , Kunar, Laghman, Nuristan and Nangarhar is at present suspended. The UNHCR offices in Ghazni and are closed as of January 2004. UNHCR will re-evaluate the possibility of restarting the return operation on a continual basis. Provided the security situation stabilises, facilitated return will resume in early 2004. Areas of concerns: Security in the provinces bordering the Islamic Republic of Pakistan - Nuristan, Kunar, Jalalabad, Khost, Paktia, Paktika, Hilmand, Kandahar, Zabul, Uruzgan and Ghazni – has been a concern, particularly over the past two months. Measures have been taken by Coalition and Afghan forces and the Pakistani government to counter security incidents. During his meeting in with Afghan authorities in mid-January, Pakistan's prime minister vowed to beef up security along the border with Afghanistan,

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where anti government militants are active, as part of the neighbors' joint fight against terrorism. : Monitoring throughout 2001-2003 has shown that serious human rights violations have taken place in this area against the population. Any IC that has a high political profile cannot return to this area, where insecurity and absence of rule of law prevails without putting him or herself in serious risk. : The UNHCR office in Kandahar city was the target of an attack on 5 January 2004. There were no casualties and the office continues to function. There were also two explosions in the centre of Kandahar city on 6 January 2004 which left 16 civilians, including several children, dead and more than 50 people injured.1 Lalo Sarjangal district, : Monitoring in this part of Ghor has been limited due to accessibility problems. However, the ethnic composition of Lalo Sarjangal district is 98% Hazara and 2% other ethnicities including , and Aimaqs. (Source of the statistics is the “Afghanistan Population Estimates by Province, District, and sub-District: A Graphic Presentation” produced by the UN in April 1991, UNIDATA for Internal Use Only). Individuals would be in need of protection only if they have had some personal animosity with the local commanders or involvement in the drug and arms smuggling as it is nowadays a common business in that area. It is also worth mentioning that according to a returnee-monitoring mission in June 2003, no major protection concerns have been noticed in the 12 main villages of Lalo Sarjangal district including Garmao Balna. Nevertheless, there had been some fighting in late 2002 in Neeli area within of Uruzgan Province which borders Lalo Sarjangal district. Neeli is famous for the presence of commanders, and is considered a poppy and arms smuggling centre. Mr. Said Nader Bahr is the head of the district and is loyal to Akbari’s faction of Hezb Wahdat. As for Hajji Qudsi, he was the head of the 35th military division of Mr. Khalili, and is currently the head of the police unit of Lal and Sar-e- Jangal. Mr. Bahr has been known to have created problems for the local population in the past, though the situation is calm at the moment. Commander Etemadi is originally from Asya Gak village of Sar-e-Jangal. He is loyal to Khalili and has armed people in Bazar-e-Safedak. Please note that there is also a commander by the name of Zaheer who had reportedly created problems for the people. The relationship between the two warlords in the area was not good. Although Mr. Bahr is the official district governor, he can not travel to the areas that are controlled by Mr. Ethemadi. 4. Food Distribution Insecurity is the main constraint to WFP's large-scale recovery and reconstruction activities, and thus hampers Afghanistan's reconstruction process. Most relief activities, such as assistance to IDPs, hospitals, as well as assistance to school children and teachers continue to be implemented, albeit at a reduced level.

1 See also Appendix A.

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The most insecure areas are generally also the most poverty stricken and food insecure. In circumstances where security prevents WFP staff from operating, in limited cases activities can continue thanks to the presence of governmental or non-governmental partners. Some examples from the regions: In Ghazni and Paktika provinces, 39% of the planned food distributions could not be executed in November 2003, or 5,169 MT out of 13,131 MT of mixed food commodities. In November 2003, WFP was unable to reach 103,036 people in the East, or 52% of the targeted population, especially in districts bordering Pakistan. Many of WFP's recovery and reconstruction projects have been suspended in the South. In November 2003, WFP could not reach 232,488, or 37% of the targeted beneficiaries. 5. Internal Flight Alternative UNHCR advocates for non-application of IFA or IPA in Afghanistan, linked to the nature of support and protection mechanisms being reliant on the presence of other family/tribal members, and the difficulties, non-acceptance and potential problems an Afghan from one province may face in another which is not his place of origin, the latter exacerbated by general absence of rule of law and presence of commanders and armed persons.

II Regional Security in , South-east region Following the tragic death of Bettina Goislard on 16 November in Ghazni, UNHCR Afghanistan has implemented comprehensive security measures, mainly in the East, South-East and South of Afghanistan where infiltration is believed to be most prevalent. Field Office Ghazni remains closed, since 16 November 2003, and monitoring activities in this province has halted. The information provided below are some of the issues already highlighted in the returnee monitoring report on Ghazni that covered the period January to October 2003. 1. Overview of the districts Security situation in some of districts have deteriorate since the District Profiles were issued in July 2003. Ghazni Province has been marked by terrorist threats, corruption and statelessness. Disarmament has yet to take place in Ghazni province, and many civilians have expressed concern over the fact that any local dispute that arises, individuals owning weapons do not hesitate to use them for self- defence or retaliation purposes. The province of Ghazni, like all the provinces in the South-east region, is currently a high risk area for UN staff due to the presence of Taliban supporters. Trends and analysis in returnee monitoring illustrate that the security situation in Ghazni province has deteriorated as compared to the situation during the first quarter of 2003, particularly in the districts of Andar, Muqur, Khwaja Omari, Nawa, Nawur and Qarabagh. Throughout 2003, UNHCR staff has had no access to the districts of Ab Band, Gilan and Nawa, due to the precarious security situation. 2. Obstacles to reintegration and economic survival In districts where security is not a concern to returnees, sustain ability of returns was expressed by the interviewees to be related to the creation of job opportunities in the

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province and increased access to water resources. Drought persists in the districts of Andar, Deh Yak, Gilan and Khwaja Omari. Some returnees expressed secondary or reverse movements from these areas if the economic situation does not improve. However, poppy cultivation boom were reported in Gilan and Khwaja Omari districts. In , an area cut off from the rest of the province during the winter season, was observed to have a significant number of young men absent and farming activities being conducted by elders and women. In Andar, Deh Yak, Gilan and Zana Khan districts, girls schools are at risk and some teachers and families have received threatening letters for teaching or sending their children to schools. All 17 districts in Ghazni, with the exception of Zana Khan, have district officials appointed by the Provincial Governor (a Pashtun affiliated with the Itehad-e-Islami party). An overview of the political affiliations in the districts and the main protection concerns of the population (including IDPs and returnees) in the Jaghori, Malistan and Nawur districts in Ghazni Province are as follows: Exclusively Hazara-populated districts and is under the control of the Wahdat, Harakat Shia parties. In reference to the July 2003 District Profile on Jaghouri district in Ghazni province, it is stated that Jaghouri district is 100% Hazara but this does not mean that it is therefore not subject to risk of Taliban or ethnically based persecution. The District Profile of July 2003 indicates that Jaghouri district neighbours northern , where there has been significant recent upsurge of Taliban activity. Dahmarda village is geographically located in Arghandab district in Northern Zabul province, but is administratively under Jaghouri district in Ghazni province. Dahmarda village, unlike Jaghouri district, has the presence of both Hazara factions affiliated with Hezb-e-Wahdat ( supporters) and the Hezb-e-Wahdat Akbari (Harakat). Whereas, Jaghouri district is under the control of Hezb-e-Wahdat (Khalil supporters), members of Harakat are said to be accepted but not present in the district (as stated in the July District Profile). In Dahmarda village in Zabul province, factional fighting appears to have caused some looting and raids, but due to its geographical location, Dahmarda village may also have armed elements that are Taliban supporters, as in other villages in Northern Zabul province and Central Uruzgan province. District administrators are in Jaghori (reportedly to be impartial), Malistan (affiliated with Wahdat, Harakat Shia parties) and Nawur (affiliated with Hezb-e-Wahdat (Akbari). These three districts are the under the control of Shia parties. Main concerns of the population: robberies and crimes related to personal enmities; pressure, extortion of crops, food, firewood and illegal taxation by armed elements, by local soldiers and commanders affiliated with Nasr in Maknak village in Malistan district, and in some villages in Nawur, reportedly by the District Administrator; abuses reported to take place mostly during the autumn and winter seasons and caused by the Head of Police, particularly in villages in . Telecommunications in Baba in Jaghouri District, Ghazni Province One can use the THURYYA and other satellite telephones, since the fall of the Taleban regime. Normal mobile networks are not however operational in Ghazni.

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Communists from Jaghouri Jaghouri is particularly known for an educated community that are tolerant and open. As thus, persons claiming to be communists have not faced problems. Some PDPA members live in Jaghouri district and have not been reported to face problems. Harakat are not active in Jaghouri district which is dominated by the Wahdat. The communist party Shola was supported by China, but does not have open activities in Afghanistan since 1984. Just prior to the collapse of the Communist regime in 1992 (less than two weeks) the overwhelming majority of Hazara officers from the military and the police, including the Khad had joined the Shi’ite parties. There was widespread and systematic looting that the officers committed during the times of the Mujahideen. This looting took place from 1992-1996 on a large scale. (Note the document produced by the Council of the on April 26, 2001 called “Afghanistan: Hizb Wahdat: Human Rights Violations” (1992-1996)

On people’s knowledge of the communist party and its principles, during the 1980s, the communist party used to publicize its activities and agenda very well, and that therefore it is not uncommon for persons to be familiar with its agenda and goals, even if they were not members.

III Individuals

1. Commander Amini - Hazaras from Shokourdad, Daye Kundi, Amini is a commander that is affiliated with Wahdat (Akbari faction). Both Amini and Akbari were controlling Daykundi during the Taliban regime. After the fall of the Taliban, Amini has fled to Kabul where he still resides. Daykundi is divided politically between supporters of Khalili and Akbari, in addition to other leaders. Asylum seekers would be at serious risk if they were to return to an area that is currently controlled armed elements affiliated with Akbari. Even if commander Amini can not harm him personally, his supporters would. 2. Mohammad Ali Ahmadi (known as Ahmadi Awborda) Mohammad Ali Ahmadi known by the people as Ahmadi Awborda, is originally from Jabha-e-Mutahid, one of small parties founded in during 1980s that later merged with some other Shia parties and formed Wahdat party, became in fact the head of Jaghori district after the fall of Taliban. During the time that this district was under the control of Taliban, several fighting took place between Ahmadi and Ahsani armed people. In October 2003, Mr. Zafar Sharif, an impartial person was appointed as the head of Jaghori district and Mohammad Hanif Ahsani, the former head police unit of the district remained in his post.

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This office did not receive any report of discrimination done by the commander Awborda so far, and we believe the IC would not face specific problems from Awborda at the present time. Awborda's name in famous in Australia because of the presence of a number of population from his village of origin.

IV Identity Issues for Hazaras claiming to be from Ghazni, suspicion they may be Pakistani Determining the nationality of individuals will be difficult. A number of Hazaras from Ghazni, including Jaghouri had left to Quetta and Baluchistan in Pakistan some 70 years ago during the times of King Abdul Rahman Khan. They were subsequently accorded the Pakistani nationality and enjoy all the rights that Pakistani nationals have. On the other hand, many Afghans have been living in Pakistan since they were children as refugees (for the past 20 years), and this could also account for their Pakistani accents and limited knowledge of their areas of origin. In order to determine whether an individual is indeed from Jaghouri district, they should be able to answer the following questions: • What are the districts/provinces neighbouring Jaghouri? (; Moqor; Nawur, and Qarabagh). There are also the provinces of Uruzgan and Zabul. • The geography of Jaghouri (mountainous area, where there are river streams and little vegetation and agriculture). • Who was the head of Jaghouri district after the fall of the Taleban? (Commander Ahmed Awborda from the Jabha-e-Mutahid). • Main sources of income in Jaghouri? A large number of men are working in Iran as unskilled labor. The rest are working in the small fields where mainly potatoes, fruit trees, and nuts are cultivated. • What is the name of the centre of Jaghouri (Sang-e-Masha) • Is there any hospital in the centre and who runs the hospital (Yes there is and it is run by the Shuhada organization, a local NGO) • Who is leading this NGO? (, the head of the Afghan Independent Human Rights Organization). • Is there any area called ? (Yes) • Who controlled this area during the times of the Mujahideen? (Hezb Islami of Gulbuldin Hekmatyar). • Was Jaghouri announced during the times of the Mujahideen as a separate province of Afghanistan by the Wahdat party? (Yes). • Were boys and girls schools functioning during the times of the Taleban? (Yes) • Who is Mohammed Hanif Ahsani? (The head of the Police Unit)

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• What is his reputation of the area around Ahsani? (Armed persons, the majority of who have a criminal past, involved in looting, smuggling of weapons, and beatings).

V Ab Band, Andar, Gilan, Giro, Muqur, Nawa, Qarabagh and Zana Khan districts Mostly Pashtun populated areas and are under the control of Taliban supporters and pro- Taliban parties such as Harakat-e-Inqelab-e-Islamai and Hezb-e-Islami. District officials appointed in the districts of Ab Band, Gilan, Giro, Nawa, and Qarabagh are Pashtuns. Main concerns of the population: Hazara IDPs and returnees in have reportedly being approached by Harakat to join the 31st brigade in Kabul; Ethnic tension reported between Pashtuns and Hazaras in Qarabagh district over access to water resources. A delegation of Pashtun elders complaining about insufficient water flow to their people was attacked by Hazaras in Nikhta village, in July 2003. Ethnic tension over access to water remains and could escalate as drought continues in the Qarabagh area.

VI Deh Yak, Jaghatu and Khwaja Omari districts Population is both Pashtun and Hazara. Political parties are Sayaf's Itehad-e-Islami and Harakat-e-Inqlab-e-Islami and control Dey Yak and Jaghatu districts, while Khwaja Omari is under the control of Harakat of Anwari and the district administrator is Hazara. District administrators of Deh Yak and Jaghatu districts are Pashtuns. Main concerns of the population: Threats and intimidation by armed groups.

VII Assessment of Complementary Protection for Jaghori A new official District Administrator was appointed end June 2003, by Central and provincial government. The new head of the district – Mohammad Zafar Sharif – native of Sang-e-Masha, centre of the district, is a former army officer, and was previously working with a local NGO. He is an educated man, apparently not connected to any party, especially with any branch of Hezb-e-Wahdat. He was warmly welcomed by the population who gathered in the district capital and pledged to put an end to the rule of weapons. It is worth noting that the previous Security Commander – Mohammad Anif Ahsani – was confirmed as the official district Police Chief. He belongs to Hezb-e-Wahdat (Khalili), Nasr faction, and was apparently confirmed on his post under close control of the provincial Governor. He has distanced himself from the Head of Garrison and is apparently co-habiting with the District Administrator. According to official provincial sources, more than sixty policemen, recruited among militias of Ahsani are officially working under his command and are not reported to have created difficulties to the local people so far. In the district, the recruitment process for the national army has not started yet, as in most districts of the province.

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Even though the District Administrator’s personal position is still weak, he has enjoyed a good reputation since he took office and benefits from support from the provincial governor and the people, tired of the rule of armed elements. There have not been reports of continued abuses in the locations visited. However, instances of robberies and land disputes are apparently common in the district. It had been reported during last year that abuses were committed by local militias, rallied to Nasr faction, motivated by money. However, anyone perceived to be opposed to their rule – especially Harakat or Hezb-e-Wahdat (Akbari) could be a potential victim or their abuses. Given security restrictions, international organisations have not been able to conduct prolonged monitoring mission in the district. Erfani is the Commander that is currently and de facto controlling Jaghori district of Ghazni province and affiliated with Hezb Wahdat (led by Khalili). He is a native Hazara and used to be one of the two representatives of Jaghori district at the provincial shura level. He also used to be the head of the military shura in Jaghori (which is said to gather around 15 commanders). Erfani has however been isolated by the provincial authorities and Commander Ahsani has officially been appointed in 2003 as the Jaghori Chief of Jaghori Police. He has also been ordered by the provincial authorities to stay away from any role that would portray him as the representative of Jaghori district. He remains however to be an important figure for Hezb Wahdat in Ghazni Province. Despite the calmer situation in Jaghori district specifically, when compared to other districts in Ghazni province, asylum seekers from this region require complimentary protection, given that the overall situation in the Province of Ghazni is very volatile and rather unstable, coupled with absence of rule of law, increased coalition activities with impact on civilian lives and the inability of UNHCR to monitor returns effectively.

VIII THEMATIC INQUIRIES 1. RAWA Party Please note that RAWA has an official website (http://www.rawa.org). RAWA is generally not popular among the religious and fundamentalist groups, as it is seen to be “too secular” and “westernized” particularly as far as women’s rights are concerned. Some people in the rural areas even think that they are atheists. They have also been very vocal in criticizing the Mujahideen and fundamentalist figures. Mere membership in would not cause a problem, however actively expressing its ideas or trying to win over members would cause serious problems outside of the major cities, and the rural areas, including Ghazni province. Having said that, there are very few members of RAWA in Ghazni. Outspoken members would be persecuted, including by members of the authorities. Local Mullahs and the population would try to harm a person if they express public opposition to religion or at least to its fanatic use. Local authorities may not be willing or able to protect individuals who are members of this party.

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2. Mixed Marriages In accordance to the norms of the Holy Quran there are no barriers or obstacle towards mixed marriages. An Afghan male Muslim can marry any female but with the duty to convert her from the religion or sect of that she was following. However, in Afghanistan there are certain problems created by Mullahs of different sects of Islam in case of mixed marriages in some parts of the country. This issue became exacerbated during the fighting between Hazara/Shia parties and non Hazara/Sunni parties during in 1990s in Afghanistan and also before that (notably the area from which the IC originates). In other parts of the country the problem is not so serious. During exile in Pakistan and Iran, social barriers became less important, allowing the number of mixed marriages to increase. Many of these mixed marriages returned to different areas of the country, and have since faced no problems. That is why UNHCR do not mention this problem in our returnee monitoring reports not only of 2003 but also in the past. Although during the past conflicts (1990s conflict between sects in Afghanistan), persons from mixed marriages could have faced discrimination amounting to persecution, today we have not found evidence of such cumulative discrimination. As noted above, the increase in number of mixed marriages, makes it unlikely for this same potential discrimination to take place. 3. Jafari Law on Marriage A marriage out of the prescribed period is considered by Jafari law as a small breach of its norms. The doers of this action would be criticized, but it is unlikely they would be pushed to displacement or any other punitive action. It will also lose its importance because of any long passage of time. Insulting a mullah and the religion has had very serious consequences in Hazarajat areas. There have been reports of houses of Ismailies being burnt by other Shia groups, as they are allowing themselves some freedoms, such as drinking alcohol and some extra freedom for women of Ismailies that may have offended the Jafary Shias.

UNHCR Canberra 21 January 2004

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Appendix A Gunmen kill 12 minority Hazaras in Afghanistan KANDAHAR, Afghanistan, Jan 7 (Reuters) - Unidentified gunmen killed 12 ethnic minority Hazaras in southern Afghanistan in the latest spate of violence in the volatile region, an official said on Wednesday. The Hazaras were travelling in a vehicle when they came under attack in of on Tuesday night, said Haji Mohammad Wali, spokesman for the province's governor. "All together there were 13 Hazara people in the car when the attack happened. Twelve people died on the spot and only one of them survived the incident," Wali told Reuters. The victims were residents of neighbouring Uruzgan province, where tension has reportedly erupted recently between some Hazaras and ethic Pashtuns, the largest clan of Afghanistan. The incident took place on the same day that a bomb went off in Kandahar, the main city in southern Afghanistan, killing at least 16 people and injuring more than 50 others. Remnants of the Taliban, toppled more than two years ago by U.S.-led forces, have claimed responsibility for the blast in Kandahar, the militia's former stronghold. More than 450 people including militants, civilians, aid workers, Afghan troops and more than a dozen U.S.-led soldiers have been killed since August 2003, mainly in the southern and eastern areas. The violence is the worst since the fall of the Taliban. It comes despite the presence of 12,000 U.S.-led troops in Afghanistan hunting fugitives from the Taliban, al Qaeda and followers of Gulbuddin Hekmatyar, leader of an Islamic party who has declared a holy war against foreign forces in Afghanistan. (Copyright © Reuters Limited. All rights reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.)

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