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Gender Apartheid Brief - Issue 3

Afghan activists speaking at the 5th Ministerial Conference on Feminist Foreign Policy in Madrid.

Our Gender Apartheid Brief tracks accountability pathways, state action and legal strategies for Afghan women and girls. You can subscribe to receive future issues on LinkedIn.

Malala Fund’s Gender Apartheid Brief outlines the accountability ecosystem for Afghan women and girls and the legal, policy and normative pathways within it. Each issue highlights how distinct pathways led by Afghan women — including tribunals, investigative bodies, international courts and treaty negotiations — reinforce one another and contribute to the long-term effort to recognize and codify gender apartheid as a crime against humanity under international law.

In this brief, we highlight key developments since our previous publication in April 2026.

What our third brief covers:

📰 Current developments in Afghanistan and the evolving system of gender apartheid.

⚖️ An important milestone in the Crimes Against Humanity (CAH) Convention process.

📣 Political momentum toward the recognition of gender apartheid including at the 5th Ministerial Conference on Feminist Foreign Policy and support from Scotland.

🇿🇦 An update from our partner Rawadari’s solidarity-building trip to South Africa


How to use this brief: Amplify our movement for justice

This brief tracks a movement shaped by sustained civil society leadership, legal strategy and collective effort. As accountability pathways advance, continued engagement matters.

Use this brief to track which pathways are generating:

  • Global momentum - building solidarity around the world

  • Legal framing - interpretations that clarify what the system is and why it matters

  • State pressure - signals that move beyond sympathy to legal action

Accountability is not built in isolation. It grows through connection, persistence and sustained engagement over time.


Where we stand

Since the Taliban returned to power in 2021, they have subjected women and girls in Afghanistan to an institutionalised system of exclusion, punishment, control and domination that permeates both public and private life. Over the last several months, the Taliban further entrenched this system of gender apartheid. In June, protests broke out in Herat province after the Taliban arrested dozens of women as part of a crackdown on its mandatory dress code. In response, Taliban security forces beat protesters and fired shots at the crowd, killing a child and injuring others. They arrested hundreds of women and detained male community members who protested in their defense. The crackdown quickly spread beyond Herat to other provinces, including Kabul, reflecting a broader escalation of repression across the country.

At the same time, international awareness and momentum continued to grow. This quarter saw global protests in solidarity with Afghan women and girls. Demonstrators called on the international community to recognise gender apartheid as a crime against humanity and urged governments not to normalise relations with the Taliban. A growing number of governments and political leaders are now calling for accountability and action to dismantle the Taliban's system of oppression.

Despite this escalating repression and global calls for accountability, the European Union proceeded to meet with Taliban representatives to discuss migration. The meeting prompted widespread concern from Afghan women leaders, civil society organisations, human rights advocates and our co-founder Malala Yousafzai who warned that diplomatic engagement with the Taliban must not come at the expense of Afghan women and girls’ rights. The response underscored an important lesson: sustained advocacy and coordinated civil society action are essential to ensure that human rights remain a core condition of any international engagement. As governments navigate diplomatic and humanitarian priorities, the voices and leadership of Afghan women must continue to guide the global response.


7 states propose including gender apartheid in the Crimes Against Humanity Treaty

In April, seven states — Australia, Iceland, Mexico, Spain, Timor-Leste, Uruguay and the Permanent Mission of Afghanistan to the U.N. — formally submitted proposals to include gender apartheid in the Crimes Against Humanity Treaty, making 14 states to date that have expressed support. This means gender apartheid is officially on the table for negotiations starting in January 2028. Until then, states will continue to have the opportunity to submit or join proposals to codify gender apartheid.


5th Ministerial Conference on Feminist Foreign Policy in Spain

On June 2-3, 2026, Spain hosted the 5th Ministerial Conference on Feminist Foreign Policy in Madrid, bringing together governments, international organisations and civil society to advance gender equality through foreign policy. The conference concluded with the adoption of the Madrid Joint Political Declaration, reaffirming participating governments' commitment to advancing gender justice globally.

Why it matters: The declaration strengthens support for women's rights, feminist movements and accountability for gender-based oppression. Importantly, the declaration recognises the institutionalised system of oppression against women and girls in places including Afghanistan, marking a significant political step toward the international recognition of gender apartheid.

During the conference, governments and participants had the privilege of hearing from Afghan women whose lives have been shaped by decades of Taliban repression: Gaisu Yari, Malala Fund’s Advocacy & Policy Manager for the Afghanistan Initiative; activist Horia Mosadiq; and activist Tamana Zaryab Paryani who was detained and tortured by the Taliban for three weeks. Their testimonies helped illustrate the human cost of the Taliban’s repressive policies and why their fight for the recognition of gender apartheid is a fight not only for Afghan women and girls, but for women and girls everywhere.


Scotland backs recognition of gender apartheid

Malala and First Minister of Scotland
Malala Yousafzai and Scottish First Minister John Swinney meet in Edinburgh.

In April, Malala Yousafzai met with Scotland's First Minister, John Swinney, in Edinburgh to advance efforts to recognise gender apartheid as a crime under international law. During the meeting, they discussed the Taliban's systematic exclusion of women and girls from education, employment and public life, and emphasised the need for stronger international legal and political action. Scotland reaffirmed its support for Afghan women and girls — building on its commitment in 2024 to welcome Afghan women medical students to study in Scotland after they were banned from completing their education in Afghanistan. Scotland’s solidarity with Afghan women and girls added important political momentum to the growing international campaign to codify gender apartheid.


Partner spotlight: Solidarity-building trip to South Africa

In May, a delegation of the People's Tribunal for Women of Afghanistan — which found the Taliban responsible for the crime against humanity of gender persecution and underlined the urgent need to codify gender apartheid — traveled to South Africa to share the tribunal’s judgment. The purpose of the trip was to build solidarity with South African civil society and anti-apartheid leaders, and strengthen global advocacy for accountability and justice for women and girls in Afghanistan.

Rawadari SA

South Africa has become an important source of solidarity and inspiration for Afghan women. As the country that dismantled apartheid, and one that continues to confront its political, legal and social legacy, South Africa offers powerful lessons for those seeking international recognition of gender apartheid and accountability for systemic oppression.


Subscribe + amplify the movement for justice

Subscribe to the Gender Apartheid Brief for regular updates on accountability mechanisms, state action and efforts to codify gender apartheid under international law.

We also welcome contributions, ideas and updates from partners and allies. Please contact me at gaisu@malalafund.org.

Beyond following this work, we encourage readers to engage directly with the organisations and initiatives featured throughout this brief, whose work sustains accountability efforts in practice.

In solidarity,

Gaisu Yari, Policy & Advocacy Manager, Afghanistan Initiative

Author

Malala Fund is working for a world where every girl can learn and choose her own future.

Gender Apartheid Brief - Issue 2

Gender Apartheid Brief - Issue 1

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