GS (Article 15(c): indiscriminate violence) Afghanistan CG  UKAIT 00044
Date of hearing: 22 and 23 July 2009
Date Determination notified: 19 October 2009
|Secretary of State for the Home Department||RESPONDENT|
For the Appellant: Mr M Symes, Counsel, instructed by the IAS (Tribunal Unit)
For the Respondent: Mr R Palmer and Mr D Blundell, Counsel, instructed by the Treasury Solicitor
There is not in Afghanistan such a high level of indiscriminate violence that substantial grounds exist for believing that a civilian would, solely by being present there, face a real risk which threatens the civilian's life or person, such as to entitle that person to the grant of humanitarian protection, pursuant to article 15(c) of the Qualification Directive. GS (Existence of internal armed conflict) Afghanistan CG  UKAIT 00010 is no longer to be treated as extant country guidance.
"for the purposes of International Humanitarian Law ('IHL'), there is at present an internal armed conflict in Afghanistan, and that for the purposes of IHL, the whole of the territory of Afghanistan is to be treated as being in such conflict."
For reasons which we will give later, that direction is now of little relevance and consequently no longer falls to be treated as country guidance.
Afghanistan – Brief History
"The conflict is protracted: Afghanistan has endured 'almost constant warfare since the Soviet invasion in 1979'. The fracture of the Mujahedin following their successful overthrow of the puppet Soviet regime in 1992 led to civil war. After the formation of the Taliban in 1994, there was civil war between them and the Northern Alliance between 1996 and 2001. The current conflict was triggered by the US led invasion of Afghanistan in late 2001. The current phase of internal armed conflict has been ongoing since 2002."
The Relevant Legislation
"339C. A person will be granted humanitarian protection in the United Kingdom if the Secretary of State is satisfied that:
(i) he is in the United Kingdom or has arrived at a port of entry in the United Kingdom;
(ii) he does not qualify as a refugee as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
(iii) substantial grounds have been shown for believing that the person concerned, if he returned to the country of return, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail himself of the protection of that country; and
(iv) he is not excluded from a grant of humanitarian protection.
Serious harm consists of:
(i) the death penalty or execution;
(ii) unlawful killing;
(iii) torture or inhuman or degrading treatment or punishment of a person in the country of return; or
(iv) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict."
(10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.
(26) Risks to which a population of a country or a section of the population is generally exposed do normally not create in themselves an individual threat which would qualify as serious harm.
For the purposes of this Directive:
(e) 'person eligible for subsidiary protection' means a third country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) do not apply, and is unable, or owing to such risk, unwilling to avail himself or herself of the protection of that country;
1. As part of the application for internal protection, Member States may determine that an applicant is not in need of international protection if in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and the applicant can reasonably be expected to stay in that part of the country.
2. In examining whether a part of the country of origin is in accordance with paragraph 1, Member States shall at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant.
3. Paragraph 1 may apply notwithstanding technical obstacles to return to the country of origin.
(3) In accordance with Article 2(c), there must be a connection between the reasons mentioned in Article 10 and the acts of persecution as qualified in paragraph 1.
Serious harm consists of:
(a) death penalty or execution; or
(b) torture or inhuman or degrading treatment or punishment of an applicant in the country or origin; or
(c) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict."
1. A third country national or a stateless person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that:
(a) he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
(b) he or she has committed a serious crime;
(c) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
(d) he or she constitutes a danger to the community or to the security of the Member State in which he or she is present.
2. Paragraph 1 applies to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein.
Issues of Law that have been Resolved
"Interpretation is not easy and is, to a large extent, open to debate…"
Having considered his opinion, and the arguments, the Court concluded first, that Article 15(c) is different from Article 3 of the ECHR which is essentially replicated in Article 15(b). Therefore, the Court said (at paragraph 28), Article 15(c) of the Directive must be considered independently of Article 3 of the ECHR.
"33. By contrast, the harm defined in art.15(c) of the Directive as consisting of a 'serious and individual threat to [the applicant's] life or person' covers a more general risk of harm.
34. Reference is made, more generally, to a 'threat ... to a civilian's life or person' rather than to specific acts of violence. Furthermore, that threat is inherent in a general situation of 'international or internal armed conflict'. Lastly, the violence in question which gives rise to that threat is described as 'indiscriminate', a term which implies that it may extend to people irrespective of their personal circumstances.
35. In that context, the word 'individual' must be understood as covering harm to civilians irrespective of their identity, where the degree of indiscriminate violence characterising the armed conflict taking place … reaches such a high level that substantial grounds are shown for believing that a civilian, returned to the relevant country or, as the case may be, to the relevant region, would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat referred to in art.15(c) of the Directive.
36. That interpretation, which is likely to ensure that art.15(c) of the Directive has its own field of application, is not invalidated by the wording of recital 26 in the preamble to the Directive, according to which:
'risks to which a population of a country or a section of the population is generally exposed do normally not create in themselves an individual threat which would qualify as serious harm.'
37. While that recital implies that the objective finding alone of a risk linked to the general situation in a country is not, as a rule, sufficient to establish that the conditions set out in art.15(c) of the Directive have been met in respect of a specific person, its wording nevertheless allows - by the use of the word 'normally' - for the possibility of an exceptional situation which would be characterised by such a high degree of risk that substantial grounds would be shown for believing that that person would be subject individually to the risk in question.
38. The exceptional nature of that situation is also confirmed by the fact that the relevant protection is subsidiary, and by the broad logic of art.15 of the Directive, as the harm defined in paras (a) and (b) of that article requires a clear degree of individualisation. While it is admittedly true that collective factors play a significant role in the application of art.15(c) of the Directive, in that the person concerned belongs, like other people, to a circle of potential victims of indiscriminate violence in situations of international or internal armed conflict, it is nevertheless the case that that provision must be subject to a coherent interpretation in relation to the other two situations referred to in art.15 of the Directive and must, therefore, be interpreted by close reference to that individualisation.
39. In that regard, the more the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstances, the lower the level of indiscriminate violence required for him to be eligible for subsidiary protection."
"led them to construe 'indiscriminate violence' and 'life or person' too narrowly, to construe 'individual' too broadly, and to set the threshold of risk too high."
"(i) the ostensibly cumulative but logically intractable test of 'a real risk' of a 'threat';
(ii) the contradictory postulation of 'individual threat' to life or safety from 'indiscriminate violence';
(iii) the requirement of 'armed conflict' when there may well be only one source of indiscriminate violence."
"'Risk' in Article 2(e) overlaps with 'threat' in Article 15(c), so that the latter reiterates but does not qualify or dilate the former."
"were happening on a wide scale and in such a way as to be of sufficient severity to pose a real risk of serious harm… to civilians generally."
In considering the degree of risk required, the Court expressly said that it was not appropriate simply to read across a test which had been expressed in AA (Zimbabwe)  EWCA Civ 149, namely a "consistent pattern of mistreatment". The Court highlighted the contrast between methodical victimisation of those suspected of disloyalty, and the occurrence of indiscriminate violence. It said the risk of random injury or death, which indiscriminate violence carries, is the converse of consistency. In so doing it was making the point that the test is wider, and in so doing, approved that expressed in paragraph 136 of KH (Iraq).
"the phrase 'situations of international or internal armed conflict' in Article 15(c) has an autonomous meaning which is broad enough to capture any situation of indiscriminate violence, whether caused by one or more armed factions or by a state, and which reaches the level described by the European Court in Elgafaji."
The Court agreed with the UNHCR's submission that there is no requirement for the armed conflict to be exceptional. The Court emphasised that the word 'civilian' means a genuine non-combatant, and not simply someone who is not in uniform. The Court observed that the UNHCR had submitted that former combatants should not be excluded from protection, but did not itself express a view. It was not a matter argued before us but we would consider that, whether a former combatant falls within the definition of a civilian, will be a question of fact and degree in every case in which the issue arises.
"Is there in [Afghanistan] or a material part of it such a high level of indiscriminate violence that substantial grounds exist for believing that an applicant such as [GS] would, solely by being present there face a real risk which threatens his life or person."
By 'material part' the Court said it meant the applicant's home area, or any potential place of internal relocation, if relevant. In our judgement, by so doing, the Court confirmed that it is possible, for the purposes of the Qualification Directive, to have an armed conflict in one part of a country, when other parts may be free of it. Similarly, even in an area of internal armed conflict, there may be parts where the high levels of indiscriminate violence, needed to obtain protection, are not achieved.
The Remaining Unresolved Issues of Law
- the distinction between discriminate and indiscriminate violence;
- whether an applicant can rely on indirect consequences of armed conflict as well as direct ones;
- whether criminal activity occurring during a period of armed conflict is a relevant consideration;
- the meaning of "life or person".
Appellant's Submissions on the Unresolved Issues
"such a high level that substantial grounds are shown for believing that a civilian, returned to the relevant country or, as the case may be, to the relevant region, would solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat referred to in Article 15(c)."
He expressed the view that the reasoning in Elgafaji may have been informed by the Temporary Protection Directive (Council Directive 2001/55/EC), as suggested in the UNHCR submission at paragraph 37.3 to the Appendix in QD and AH. There it was said that Directive:
"…applies to persons who have fled 'armed conflict or endemic violence' and persons at serious risk of 'systemic and generalised violations' of their human rights."
"…there must be a connection between the reasons mentioned in Article 10 of the acts of persecution as qualified in paragraph 1."
"seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members."
He acknowledged that this recital also refers to refugee claims but, he argued, the Directive is such that the recital covers both refugees and subsidiary categories. He argued that it is necessary to take a broad approach to the harm from which Article 15 was designed to protect, because recital 10 includes the reference to human dignity. He argued that it would be contrary to human dignity not to provide protection to those whose needs arise from either direct or indirect violence.
"Accordingly, although the case law of the Strasbourg Court is not a binding source of interpretation of Community fundamental rights, it constitutes nonetheless a starting point for determining the content and scope of those rights within the European Union. Taking that case law into account is, moreover, essential to ensure that the Union, founded on the principle of respect for human rights and fundamental freedoms, will contribute to extending the protection of those rights in the European area."
"…It is clear that the indiscriminate violence can comprise violence perpetrated by combatants, which fails to distinguish between civilian and military targets. But…the indiscriminate violence does not have to be violence that emanates directly from the combatants themselves. If that had been intended, we think the drafters could and would have said so. The indiscriminate violence may, for example, be perpetrated by looters and other criminal elements, taking advantage of a breakdown in law and order to go on the rampage."
In paragraph 96 of KH (Iraq), the Tribunal drew back from that, because of their IHL approach, and said, in effect, that criminal violence taking advantage of the lack of law and order would not be included. Mr Symes argued that it would be, and the IHL approach had been found to be wrong.
"one, albeit not necessarily the only, operative reason for the feared persecution."
In AM and AM, Counsel had suggested an example of indiscriminate shelling of a civilian neighbourhood which caused death and wounding to civilians, arguing that those deaths and woundings would plainly be "by reason of the indiscriminate violence". He submitted that, if in consequence of that violence, a surviving population was displaced to a region in which it was likely to die of starvation and disease, those consequences would also be "by reason of" the indiscriminate violence. The Tribunal accepted that, with a caveat. They said:
"In order for the indiscriminate violence to be an 'effective cause', it clearly cannot extend to include consequences that are connected only remotely."
Mr Palmer submitted that the violence did not need to be the sole, but did need to be an operative, cause; and not too remote. He referred to Mr Symes' submission that:
"Plainly there is 'a connection between' threats to life and person which are indirect effects of armed conflict and the indiscriminate violence which animates that conflict."
and was anxious to say that, from that formulation, it does not follow that there would always be a causal connection. He gave as an example, a war which has caused food supply problems and said those problems are not an effect of indiscriminate violence. He emphasised that the test remains "by reason of indiscriminate violence".
Conclusions about the Meaning of Article 15(c)
The overarching question
"Is there in [Afghanistan] or a material part of it such a high level of indiscriminate violence that substantial grounds exist for believing that an applicant such as [GS] would, solely by being present there, face a real risk that threatens his life or person?"
The relevance of armed conflict
"an autonomous meaning broad enough to capture any situation of indiscriminate violence, whether caused by one or more armed factions or by a state, which reaches the level described by the European Court of Justice in Elgafaji" (paragraph 35 of QD and AH).
The required level of intensity of indiscriminate violence
"The degree of indiscriminate violence characterising the armed conflict taking place…reaches such a high level that substantial grounds are shown for believing that a civilian, returned to the relevant country or, as the case may be, to the relevant region, would solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat referred to in Article 15(c) of the Directive."
"In that regard, the more the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstances, the lower the level of indiscriminate violence required for him to be eligible for subsidiary protection."
In relation to that last proposition, the Court added that regard should be had to the area in which indiscriminate violence was occurring, the actual destination of the applicant, and whether Article 4(4) of the Qualification Directive applied. Article 4(4) provides:-
"The fact that an applicant has already been subject to persecution or serious harm or to direct threats of such persecution or such harm, is a serious indication of the applicant's well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated."
The interpretation of 'real risk of a threat'.
Discriminate and indiscriminate violence distinguished
"The indiscriminate violence may, for example, be perpetrated by looters and other criminal elements, taking advantage of a breakdown in law and order to go on the rampage."
"Risks to which the population of a country or a section of the population is generally exposed do normally not create in themselves an individual threat which would qualify as serious harm."
The meaning of life or person
The meaning of 'individual threat by reason of indiscriminate violence'
"35. …the word 'individual' must be understood as covering harm to civilians irrespective of their identity, where the degree of indiscriminate violence characterising the armed conflict taking place…reaches such a high level that substantial grounds are shown for believing that a civilian, returned to the relevant country or, as the case may be, to the relevant region, would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat referred to in Article 15(c) of the Directive.
39. In that regard, the more the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstances, the lower the level of indiscriminate violence required for him to be eligible for subsidiary protection."
Enhanced risk categories
"…the more the applicant is able to show he is specifically affected by reason of factors particular to his personal circumstances, the lower level of indiscriminate violence required for him to be eligible for subsidiary protection."
There is therefore a moving standard in the required level of indiscriminate violence, when a person is at a higher degree of risk. But, ultimately the test is one of real risk. That is clearly demonstrated by the wording of Article 2(e), which makes reference to "substantial grounds…for believing…would face a real risk". The varying standards of violence and risk must be assessed within the overall criteria in Article 15(c).
The Situation in Afghanistan
(i) the measures used by those academics who study armed conflicts in order to determine their severity;
(ii) whether Afghanistan is in a state of internal armed conflict; and
(iii) whether circumstances in Afghanistan are such as to create "serious" risks to civilians in the armed conflict.
"Like in Iraq, the risk to civilians is not evenly distributed around the territory of the country. It is highest in the southern provinces and along the highways going from Kabul to the provinces of the south and south-east. Significant levels of risk then exist in the south-east and in the east. The risk is lower in the north, north-east and in the central highlands. In Kabul City the risk is modest: there have been bloody attacks but the casualty rate among the city's 5 million inhabitants is rather low."
Asked if he had any comment, Professor Farrell said that he broadly agreed. The view was perfectly reasonable in relation to the direct risk to civilians. It was put to him that the indirect risks are not evenly distributed, and are relatively light in areas where aid can reach. He agreed with that, and said it was more difficult to know how the pattern will develop. He reminded us that the UN Secretary General's report to the Security Council spoke of the worsening situation throughout Afghanistan. He said that, to some extent, the degree of indirect risk reflects the reach of ISAF. There is a delay before aid gets into areas where ISAF have deployed because, when they first arrive, they come against enemies in the short term. He accepted that increasing troop numbers will help overall, but asked rhetorically how long it will take and whether the United States will remain in Afghanistan.
Background material submitted on 23 July
Respondent's Submissions on the Other Background Material
The Appellant's Submissions on the Background Evidence
Access to Jalalabad
"Afghan drivers are still discovering the dangers of driving too fast on the country's newly paved roads. The network of roads in this country deteriorated horribly during the past quarter century of conflict. Many Afghan drivers are more accustomed to creeping on bone jarring dirt tracks at speeds of barely 10mph."
He later came across a traffic jam in the mountains because another MRAP had fallen off a trailer, but said that things should improve shortly because a Chinese company is about to finish "paving" the last stretch of highway through the mountains east of Kabul. Having taken to walking, to avoid the traffic jam, the author then found a gang of dozens of motorcycle taxi drivers offering to ferry travellers back to Kabul. Many were revving motors and doing wheelies. Some yodelled, others performed tricks, either driving the bikes using their feet or lying on their stomachs on the seats of bikes as they raced through the mountains. There is a less subjective report on the highway by Eng Consult Limited which shows a high level of investment in the road. A table, at paragraph 7, shows that the road was being used (in both directions) by an average of 5,582 vehicles per day (during the period 24 June to 30 June 2007) and that, of those vehicles, 53% were cars, jeeps, four wheel drives and taxis. The respondent's skeleton argument suggests that puts into perspective the limited number of incidents reported on that highway.
Enhanced Risk Categories
The appeal is dismissed.
The appellant is not entitled to humanitarian protection.
Senior Immigration Judge P R Lane
Schedule of documentary evidence
|Uppsala Conflict Data Program, Afghanistan – Uppsala University||Undated (Accessed: 05/12/2008)|
|UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers - United Nations High Commissioner for Refugees||03/01/2008|
|International Crisis Group, Taliban Propaganda: Winning the War of Words? [Excerpt]||24/07/2008|
|Voice of America News, Twin Blasts Hit Police HQ in Kandahar||07/09/2008|
|"Troops in Contact": Air strikes and Civilian Deaths in Afghanistan – Human Rights Watch||08/09/2008|
|Human Rights Watch, Afghanistan: Civilian Deaths From Airstrikes on the Rise||08/09/2008|
|Institute for War and Peace Reporting (UK), Helmandis Fear Taleban Noose Tightening||11/09/2008|
|Voice of America News, Blast Outside Kabul Kills Afghan Governor||13/09/2008|
|Office of the United Nations High Commissioner for Human Rights (OHCHR), New UN figures show sharp rise in Afghan civilian casualties||16/09/2008|
|International Committee of the Red Cross (ICRC), Afghanistan: update on the humanitarian situation||16/09/2008|
|Voice of America News, Taliban Kidnap More Than 140 Laborers in Afghanistan||22/09/2008|
|United Nations News, Citing rising terrorism, UN extends Afghan security force for another year||22/09/2008|
|The situation in Afghanistan and its implications for international peace and security: Report of the Secretary-General – United Nations||23/09/2008|
|US Senate Armed Services Committee, Hearing: The situation in Iraq and Afghanistan||23/09/2008|
|Radio Free Europe/Radio Liberty, High-Profile Afghan Policewoman Assassinated In Kandahar||28/09/2008|
|United Nations News, Security situation in Afghanistan 'markedly' worse, reports Secretary-General||29/09/2008|
|HJT Research, US general says insurgents are gaining in Afghanistan||01/10/2008|
|United Nations News, UN envoy calls for political 'surge' to tackle Afghan security, humanitarian needs||06/10/2008|
|United Nations High Commissioner for Refugees (UNHCR), Afghanistan Security Update Relating to Complementary Forms of Protection||06/10/2008|
|North Atlantic Treaty Organization (NATO) Parliamentary Assembly, Economic Reconstruction in Afghanistan: Developmental and Security Implications||09/10/2008|
|Economic Reconstruction in Afghanistan: Developmental and Security Implications – North Atlantic Treaty Organization (NATO) Parliamentary Assembly||09/10/2008|
|Afghanistan: Lack of access may spread diseases, Health Ministry warns Integrated Regional Information Networks News (IRIN)||02/11/2008|
|Build on positive trends to reverse deteriorating situation in Afghanistan, says Secretary-General's Special Representative while briefing Security Council – United Nations||14/10/2008|
|UN Envoy: Afghan Violence at Highest Level Since 2002 – Voice of America News||14/10/2008|
|United Nations News, Top UN envoy warns deadly Afghan attacks on increase as situation worsens||14/10/2008|
|United Nations News, Current crises threaten to plunge more Afghans into poverty, warns UN official||20/10/2008|
|Afghanistan: Rights body accuses Taliban – Integrated Regional Information Networks News (IRIN)||22/10/2008|
|Radio Free Europe/Radio Liberty, Once A Sign Of Hope, Afghan Highway Becomes A Taliban Hunting Ground||22/10/2008|
|Voice of America News, Three Shot Dead in Afghan Capital,||25/10/2008|
|Increasing hardship and limited support for growing displaced population – Internal Displacement Monitoring Centre (Norwegian Refugee Centre), Afghanistan||28/10/2008|
|Voice of America News, Taliban Bus Attack in Southern Afghanistan Kills 30||19/10/2008|
|Integrated Regional Information Networks News (IRIN), Afghanistan: Little help for civilians repeatedly displaced by conflict||28/10/2008|
|UK Parliament House of Commons, Commons Hansard Debates 29 October 2008 (Westminster Hall): Afghanistan||29/10/2008|
|Voice of America News, Taliban Claims Responsibility for Kabul Suicide Bomb||30/10/2008|
|Integrated Regional Information Networks News (IRIN), Afghanistan: Lack of access may spread diseases, Health Ministry warns||02/11/2008|
|Voice of America News, Afghan Intelligence Official Killed in Kandahar||04/11/2008|
|Voice of America News, Afghan President Says Air Strikes Kill 40 Civilians at Wedding Party||05/11/2008|
|Voice of America News, US Official: Taliban Tactics Deliberately Endanger Afghan Civilians||08/11/2008|
|United Nations High Commissioner for Refugees (UNHCR), Afghanistan at the crossroads: Drought, food crisis drive Afghans out of villages||10/11/2008|
|US Center of Excellence in Disaster Management & Humanitarian Assistance (COEDMHA), Dozens killed in weekend security incidents across Afghanistan||10/11/2008|
|Voice of America News, Kandahar Attack Targets Government Officials||12/11/2008|
|Afghanistan Suicide Bombing Targets US Military Convoy – Voice of America News||13/11/2008|
|Integrated Regional Information Networks News (IRIN), Afghanistan: Unexploded ordnance poses threat to returnees||13/11/2008|
|The new Baghdad – Sydney Morning Herald (Australia)||15/11/2008|
|US and British troops killed in Afghanistan – EuroNews||16/11/2008|
|EuroNews, US and British troops killed in Afghanistan||16/11/2008|
|Voice of America News, Afghanistan's Taliban Reject Offer for Peace Talks||17/11/2008|
|United Nations High Commissioner for Refugees (UNHCR), Afghanistan at the crossroads: Afghans return home to live under tents||17/11/2008|
|EurasiaNet, Afghanistan: Refugee Returns Should No Longer Be A Cause For Celebration In Kabul||18/11/2008|
|Voice of America News, Afghan Government Struggles to Resettle Returnees||18/11/2008|
|United Nations High Commissioner for Refugees (UNHCR), Afghanistan at the crossroads: Invest in Afghan returns or risk further displacement, cautions UNHCR||18/11/2008|
|International Rescue Committee (USA), Press Release - Afghanistan: Aid Agencies Ask the UN Security Council for Assistance to Reach Communities and Avoid Humanitarian Crisis||27/11/2008|
|Voice of America News, Car Bomb Kills 4 Near US Embassy in Kabul||27/11/2008|
|Dogged By Security Failings, Karzai Seeks Re-election - Radio Free Europe/Radio Liberty||29/11/2008|
|Voice of America News, Suicide Bomber Kills 3 in Afghan Capital||30/11/2008|
|Voice of America News, Suicide Bombing Kills 10 in Afghanistan||01/12/2008|
|The New York Times, Afghan Refugees Return Home but Find Only a Life of Desperation||03/12/2008|
|Voice of America News, NATO Chief: More Troops Needed in Afghanistan||03/12/2008|
|Voice of America News, US Troops to Focus on Protecting Afghan Capital||07/12/2008|
|RFE/RL, Taliban In 72 Percent Of Afghanistan, Think Tank Says, [Excerpt]||08/12/2008|
|US Department of Defense, Gates Pledges More Resources to Fight Protracted War in Afghanistan||11/12/2008|
|Report of the Security Council Mission to Afghanistan 21 to 28 November 2008 - UNSC Report S/2008/782||12/12/2008|
|Policing in Afghanistan: Still Searching for a Strategy - International Crisis Group||18/12/2008|
|From Hope to Fear: An Afghan Perspective on Operations of Pro-Government Forces in Afghanistan – Afghanistan Independent Human Rights Commission||23/12/2008|
|Insurgent Abuses Against Afghan Civilians – Afghanistan Independent Human Rights Commission||23/12/2008|
|Some 50 Afghan Policemen Arrested For Helping Taliban – Radio Free Europe, Radio Liberty||30/12/2008|
|International Herald Tribune, Afghan corruption: Everything for sale||02/01/2009|
|United Nations News, Returning refugees to Afghanistan struggle to earn a living wage, say UN agency||02/01/2009|
|Integrated Regional Information Networks News (IRIN), Afghanistan: Little to eat for IDPs in makeshift Kabul camp||05/01/2009|
|Voice of America News, Suicide Bomber Attacks Foreign Troops, Kills Civilians in Afghanistan||08/01/2009|
|Report of the High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights (Advance Edited Version) – Office of the United Nations High Commissioner for Human Rights (OHCHR)||16/01/2009|
|Voice of America News, Suicide Car Bomb Kills 5 Outside US Base in Kabul||17/01/2009|
|Afghan civilian killed, six wounded in suicide attack on police in east – BBC Monitoring South Asia||17/01/2009|
|International Herald Tribune, In Afghan south, Taliban fill NATO's gaps||22/01/2009|
|Voice of America News, Violence Plagues Afghan Voter Registration||22/01/2009|
|Afghanistan and Pakistan: Raise Voices for Civilian Protection – Refugees International (USA)||26/01/2009|
|BBC Monitoring South Asia, Three civilians killed in mine blast in eastern Afghan province||26/01/2009|
|Voice of America News, Afghan Presidential Poll Postponed Until August||29/01/2009|
|Voice of America News, Suicide Bomber Kills 21 Police Officers in Afghanistan||02/02/2009|
|Agence France Presse, Suicide blast targets foreign troops in Afghanistan||05/02/2009|
|Agence France Presse, Three cops killed in Afghan blast||09/02/2009|
|Institute for War and Peace Reporting (UK), Northerners Leaving in Droves||10/02/2009|
|Radio Free Europe/Radio Liberty, Coordinated Taliban Attacks Kill At Least 26 In Kabul||11/02/2009|
|Kabulis Stunned by Taleban Raid - Institute for War and Peace Reporting (UK)||12/02/2009|
|Institute for War and Peace Reporting (UK), Kabulis Stunned by Taleban Raid||12/02/2009|
|Voice of America News, US Envoy Faces Daunting Task in Reversing Afghan Decline||13/02/2009|
|United Nations Assistance Mission to Afghanistan (UNAMA), Annual Report on Protection of Civilians in Armed Conflict, 2008||17/02/2009|
|Afghanistan: Tens of thousands of people displaced by fighting and hunger – Amnesty International||18/02/2009|
|nstitute for War and Peace Reporting (UK), Afghan Rebel Chief Defies Coalition Forces||18/02/2009|
|Afghanistan: Civilian deaths up 40 percent – Integrated Regional Information Networks News (IRIN)||25/02/2009|
|Integrated Regional Information Networks News (IRIN), Afghanistan: IDPs in northwest battle cold, diseases and hunger||26/02/2009|
|Agence France Presse, Civilians wounded, guards killed in Afghan violence||01/03/2009|
|Civilians increasingly at risk in Afghanistan – International Committee of the Red Cross||02/03/2009|
|Afghan Election Date Highlights Political and Security Uncertainty – Voice of America News||04/03/2009|
|Afghanistan: Tempted by a Taliban job offer - Integrated Regional Information Networks News (IRIN)||05/03/2009|
|Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security - United Nations||10/03/2009|
|Integrated Regional Information Networks News (IRIN), Afghanistan: Food still unaffordable for millions||12/03/2009|
|US Fed News, AFGHAN, U.S. FORCES CAPTURE BOMBING SUSPECTS, SEIZE TALIBAN SUPPLIES||12/03/2009|
|Afghanistan: New U.S. Administration, New Directions - International Crisis Group||13/03/2009|
|Trend News Agency (Azerbaijan), 7 Afghan policemen missing – official||15/03/2009|
|Voice of the Jihad, Taleban claim destroying US tank in Afghan east||15/03/2009|
|Afghan Violence Kills 14, Including 4 US, 2 British Troops – Voice of America News||15/03/2009|
|Agence France Presse, Four NATO soldiers killed in Afghan blast: force||15/03/2009|
|Suicide Bomber Kill 11 in Southern Afghanistan, – Voice of America News||16/03/2009|
|New York Daily News, 4 G.I.S ARE KILLED IN AFGHAN BLAST||16/03/2009|
|Afghanistan: "Humanitarian work has never been as difficult as now" – Integrated Regional Information Networks News (IRIN)||18/03/2009|
|The Nation, Taliban commander arrested||18/03/2009|
|US FED News, AIRMAN KILLED IN EASTERN AFGHANISTAN||18/03/2009|
|Reuters, UPDATE 4-Bomb attack kills Afghan MP, four bodyguards||19/03/2009|
|Pajhwok Afghan News, Villagers say two civilians killed in US raid||19/03/2009|
|Cop, 7 civilians perish in Nangarhar blast – Pajhwok Afghan News||21/03/2009|
|Pajhwok Afghan News, Cop, 7 civilians perish in Nangarhar blast||21/03/2009|
|Conflict against the Taliban could last a decade: Kilcullen Conflict could last a decade: Kilcullen Counter-insurgency expert David Kilcullen joins The 7.30 Report – Australian Broadcasting Commission||26/03/2009|
|Voice of America News, New York Times: Widening Taliban Insurgency Aided by Pakistan||26/03/2009|
|The Times of Central Asia, Afghanistan||27/03/2009|
|Voice of America News, Taliban Threatens More Violence in Afghanistan||29/04/2009|
|Reuters, US raid killed 97 civilians – Afghan rights group||26/05/2009|
|Amnesty International, Amnesty International Report 2009: Afghanistan (extract)||28/05/2009|
|RIU Country of Origin Report – Afghanistan: Internal armed conflict; Kabul; Jalalabad; IFA – Covering October 2008 to 2nd May 2009||03/06/2009|
|USFED News: Complex Situation in Afghanistan could be Turning Point if Managed Well||03/07/2009|
|Brookings Afghanistan Index – Tracking Variables of Reconstruction & Security in Post-9/11 Afghanistan||15/07/2009|
|GlobalSecurity.org - Military: Hazrat Ali||18/02/2002|
|Institute for War and Peace Reporting - Nangarhar Dispute Threatens to Escalate||03/04/2002|
|UNHCR Jalalabad District Profile||04/08/2002|
|Human Rights Watch - Killing You is a Very Easy Thing For Us||28/07/2003|
|The Jamestown Foundation - A Shift In U.S. Strategy In Afghanistan? (Part I)||04/05/2004|
|BBC News Online - Karzai 'shuffles' Afghan warlords||20/07/2004|
|Council on Foreign Relations - AFGHANISTAN: Karzai vs. the Warlords||15/09/2004|
|The Daily Telegraph - Combat losses fail to deter Taliban fighters||11/09/2006|
|The Naval Postgraduate School, Winter 2007 Journal - Understanding the Taliban and Insurgency in Afghanistan||2007|
|ICOS Afghanistan Map||2007|
|BBC News Online - Afghans primed for mortgage revolution||22/06/2007|
|United Nations High Commissioner for Refugees, Map of Afghanistan - IDPs Population Estimate (Individuals) by Camps and Settlements - January 2008||31/01/2008|
|US Department of State - Bureau of Democracy, Human Rights, and Labor 2007||11/03/2008|
|United Nations High Commissioner for Refugees Global Report 2007 - Afghanistan (extract)||01/06/2008|
|National Public Radio (NPR) - A Journey on the Treacherous Road to Kabul||01/06/2008|
|The Observer - Fear, disillusion and despair: notes from a divided land as peace slips away||08/06/2008|
|Request and Answer on Death of Hazrat Ali, Military Commander||19/08/2008|
|ICOS Afghanistan Map||11/2008|
|ICOS Kabul Maps||11/2008|
|United Nations Assistance Mission in Afghanistan (UNAMA) Human Rights Unit - Annual Report on Protection of Civilians in Armed Conflict 2008||01/2009|
|The New Haven Register: "US commanders see shift in Taliban Tactics."||03/01/2009|
|Request and Answer on Ownership of Land in Afghanistan||20/01/2009|
|The National - Afghans want 'foreigners' out of Kabul||28/01/2009|
|The Long War Journal: US Troops kill Taliban's shadow governor for Badghis province||16/02/2009|
|Country of Origin Information Service (COIS) - Country of Origin Information Report on Afghanistan||18/02/2009|
|Documentary source material referred to in the COIS Report dated 18.02.09||18/02/2009|
|Calgary Herald: "Negotiating with the Taliban no change in tactics: Obama"||09/03/2009|
|Guardian.co.uk; "Europe to contribute 5,000 extra troops to Afghanistan."||04/04/2009|
|UKBA Operational Guidance Note (OGN) on Afghanistan (version 7.0)||08/04/2009|
|The Institute for War and Peace Reporting - The Occasional Taleban||23/04/2009|
|The Heinz Journal - Economics Key to Reducing Worldwide Terrorism Risk||07/05/2009|
|New York Times: "A vow to cut Afghan civilian deaths"||20/05/2009|
|Reuters; "Extra US troops in Afghanistan by mid-July."||31/05/2009|
|The Daily Times: "Possible change in Taliban tactics",||08/06/2009|
|CCN: "New directive to restrict US air strikes in Afghanistan"||23/06/2009|
|United Nations Secretary-General's Report - The situation in Afghanistan and its implications for international peace and security||23/06/2009|
|Country of Origin Information Service (COIS) - Country of Origin Information Report on Afghanistan||26/06/2009|
|Additional documentary source material referred to the COIS Report dated 26.06.09||26/06/2009|
|International Institute for Strategic Studies Armed Conflict Database - Afghanistan Timeline (January 2009 to June 2009)||29/06/2009|
|UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan – UNHCR||07/2009|
|Afghanistan Independent Human Rights Commission: Annual Report 2008 (covering period from 1 January to 31 December 2008)||Undated|
|The Naval Postgraduate School Program for Culture & Conflict Studies||Undated|
|Engconsult Ltd - Excerpt from Interim Report: Preparing Road Rehabilitation and Capacity Building Cluster Project||Undated|