What should Taliban-led govt do to gain recognition?

 The Taliban moved to seize power in Afghanistan in August 2021 and shortly after formed an interim government and declared the country an "Islamic Emirate".

It is seeking international recognition as the official government in Afghanistan, but no country has yet recognised it.

Even the United Nations (UN) and the Organisation of Islamic Cooperation (OIC), the two largest international organisations, have decided not to give Afghanistan’s seat to the Taliban government.

There are several reasons why the international community is reluctant to formally recognise the Taliban-led de facto government.

The key point among them is that this government lacks national legitimacy because it was formed by force and not by the will of the people.

The government also adopts gender-discriminatory policies, as women are not allowed to run for public office, are deprived of the right to work or have access to education at public high schools and universities, and disregards international human rights obligations.

Although the Taliban rulers publicly declared a general amnesty, promised to protect the fundamental rights of women and respect human rights, yet, according to the UN, they have contradicted those promises “by ordering women to stay at home, blocking teenage girls from school, and holding house-to-house searches for former foes”.

The UN High Commissioner for Human Rights, Michelle Bachelet, said Afghanistan was in a "new and perilous phase" since the Taliban seized power, with many Afghans deeply worried.

She said that in contradiction to assurances that the Taliban would uphold women's rights, Afghan “women have instead been progressively excluded from the public sphere".

Bachelet also expressed dismay at the composition of the Taliban de facto government for being male-only and its dominance by only one ethnic group.

Compliance with international obligations, including human rights obligations, effectiveness and national legitimacy are some of the criteria that states normally consider before recognising a new government.

Although the Taliban-led de facto government has control over Afghanistan, its effectiveness is questionable, considering the dissatisfaction of most people in the country who question the legitimacy of its rule.

Legitimacy means the right to govern a country. This right is granted by the free will of the people through the process of free and fair elections.

This is an Islamic process falling within the institution of “Shura” (or consultation) and is recognised in the Afghan Constitution.

Sadly, the new government refuses to follow the Constitution, which considers Islam the official religion of the country and Syariah the highest law of the land, indicating its unwillingness to hold elections to form their next government.

The Taliban de facto authorities still have time and golden opportunity to form an inclusive Islamic government through constitutional means and earn national legitimacy - for otherwise, international recognition would be hard to come by, as national legitimacy precedes international recognition.

According to the Tobar Doctrine, “recognition of government should only be granted if its administration came to power by legitimate democratic means”.

Based on this, since the Taliban-led government came to power by force, countries may refuse to recognise it.

This hypothesis is consistent with the Betancourt Doctrine, which stipulates that "a regime that has come to power by military force will not be recognised".

However, states have the right to recognise the government, no matter how it comes to power. In fact, according to the Estrada Doctrine, recognition of a government is based on its de facto existence, rather than its legitimacy.

Yes, the Taliban-led government, which currently controls Afghanistan and claims to have established security, is a de facto government as opposed to a de jure government.

In the past, some states explicitly or implicitly recognised de facto governments regardless of how they came to power.

However, recognising a government that acquired power by force could mean endorsing an illegitimate regime that has seized power by using violent means, by disrespecting the Constitution, by adopting and implementing gender-discriminatory policies and by disregarding international obligations.

Recognising such a government is not only “shameful for the recognising state”, but can set a precedent, which most states avoid doing.

Although some countries have begun interacting with the Taliban-led government for various reasons, such as repatriating their citizens from Kabul or delivering humanitarian aid, they have made it clear that such interaction does not mean recognition.

The Taliban-led government, if recognised, has the right to exercise international rights and will be required to fulfil its international obligations.

It can lawfully resist foreign interferences in the internal affairs of Afghanistan, establish diplomatic relations with whichever country it wishes.

It can also enjoy sovereign and diplomatic immunities and privileges, file international lawsuits against other countries, access to billions in frozen assets, ‘participate in international organisations (in accordance with the rules and procedures of the organisation) and partake in the international economic order (through trade, finance, investment, and development).’

However, so far, no state has expressly or impliedly recognised the Taliban-led de facto government.

Even its close friends in the region, like Pakistan and Qatar, urge the Taliban to form an acceptable, inclusive Islamic government before they recognise it.

Should the Taliban form a legitimate government that allows Afghanistan to live in peace with itself and the world, respect the rule of law and protect the fundamental rights of citizens, it should be recognised as the legitimate government for otherwise getting international legitimacy would be a difficult task.

However, the Taliban-led government should not worry that it has not been recognised - but it should try to be worthy of recognition. - Mkini

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MOHAMMAD NAQIB EISHAN JAN is a professor at the International Islamic University of Malaysia.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.