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Hazaras and Shias: Violence, Discrimination, and Exclusion Under Taliban Rule

March 25, 2024

12:15 pm

Uris Hall, G08

Talk by Tawab Danish (Cornell Law School)

The Hazara and Shia populations, comprising approximately 10-15% of Afghanistan's demographic, have historically endured systemic violence, discrimination, and exclusion due to their distinct physical features and religious beliefs. With the reestablishment of Taliban rule, these issues have intensified. There has been an escalation of targeted attacks on Shia’s mosques, educational institutions, and areas predominantly inhabited by Hazaras and Shias. Concurrently, the Taliban have repealed the Shia Personal Status Law, removed Shia jurists from their posts, and excluded Shias and Hazaras from all decision-making positions within their governing structures. The prohibition of Jafari Jurisprudence in education and the Taliban's declaration of the Hanafi school as the sole religious authority in Afghanistan further illustrate a deliberate, systematic discrimination against these communities. These actions are in direct opposition to the foundational principles of human rights and the core values of Islam, which include justice and equality. The strategic and progressive nature of these policies reveals a concerted effort to marginalize Hazara and Shia communities systematically, undermining their potential for integration within the nation's political, administrative, and judicial frameworks. Such sustained exclusionary strategies portend the emergence of intensified ethno-religious conflicts and the potential descent of Afghanistan into a state of anarchy characterized by the absence of a coherent and inclusive legal system.

Tawab Danish is a remarkable individual with roots in the scenic Bagram District of Parwan, Afghanistan, where he was born in the warm month of August 1985. Tawab's academic journey is quite the inspiration—he embarked on his higher education at Albironi University in Kapisa, obtaining his law degree with flying colors in 2007. With a thirst for knowledge, he then ventured to Pune University in vibrant Maharashtra, India, where he expanded his horizons with a master's in public administration and political science between 2009 and 2011. His passion for law and public service didn't stop there; he further honed his expertise with an LLM from the prestigious University of Washington School of Law in 2018-19. Tawab's dedication and hard work paid off handsomely when he was chosen for the esteemed role of assistant professor at Parwan University's Faculty of Law and Political Science in 2013. He didn't just teach; he led with distinction as vice-dean and then dean of the law faculty up until 2019. His specialties? None other than the pillars of justice—Constitutional Law, Public International Law, and Human Rights Law. 2019 marked a significant milestone for Tawab as he received the honor of being appointed by the President of the Islamic Republic of Afghanistan as a Senior Advisor to the Speaker of the House of Representatives for International Affairs—a testament to his profound expertise and integrity. But Tawab's contributions extend beyond the halls of government; he's a trailblazer in education too! In 2014, he founded Bagram Bastan Private High School, lighting the path to learning for over a thousand eager Afghan boys and girls. Following the dramatic changes in Afghanistan, Tawab and his beloved family—his wife and three wonderful children—relocated to the United States. Here, he continues to share his wealth of knowledge as a Visiting Scholar at the distinguished Cornell School of Law, now in his second year. His journey reflects a relentless commitment to education, law, and the rights of people everywhere.

Additional Information

Program

Einaudi Center for International Studies

South Asia Program