M.S.S. v. BELGIUM AND GREECE JUDGMENT
41
their international allies are pitted against groups of insurgents including the
Taliban, the Hezb-e Eslami and al-Qaeda. A complex array of legal and
illegal armed groups and organised criminal groups also play an important
role in the conflict. Despite efforts at reform, Afghanistan is still faced with
widespread corruption, lack of due process and an ineffective administration
of justice. Human rights violations are rarely addressed or remedied by the
justice system and impunity continues to be pervasive. The progressive
strengthening of religious conservatism has pressured the Afghan
government and Parliament into curtailing fundamental rights and freedoms.
198. In the above-mentioned document, the UNHCR states that most of
the fighting is still in the south and south-eastern part of the country. In the
south, the provinces of Helmand and Kandahar, Taliban strongholds, are the
scene of fierce fighting. The conflict raging in the southern, south-eastern
and eastern regions has displaced the population and caused numerous
civilian casualties.
199. There is more and more evidence that the people implementing or
thought to be implementing government projects and the non-governmental
organisations or civil firms actually working or thought to be working with
the international forces in Afghanistan face a very high risk of being
targeted by anti-government factions.
200. As to the possibilities of internal relocation, the UNHCR points out
that no region of Afghanistan is safe and that even if one were to be found,
it might not be accessible as many of the main roads in Afghanistan are
dangerous.
201. In Kabul the situation has deteriorated. Rising economic emigration
is putting increasing pressure on the employment market and on resources
such as infrastructure, land and drinking water. The situation is exacerbated
by persistent drought, with the resultant spread of water-related diseases.
Endemic unemployment and under-employment limit many people’s ability
to cater for their basic needs.
202. The UNHCR generally considers internal relocation as a reasonable
alternative solution when protection can be provided in the relocation area
by the person’s family in the broad sense, their community or their tribe.
However, these forms of protection are limited to regions where family or
tribal links exist. Even in such situations, case-by-case analysis is necessary,
as traditional social bonds in the country have been worn away by thirty
years of war, mass displacement of refugees and the growing rural exodus.
203. Bearing in mind the recommendations contained in these directives,
the Belgian body responsible for examining asylum applications (CGRS;
see paragraph 131 above) stated in a document published in February 2010,
entitled The Office of the Commissioner General for Refugees and Stateless
Persons Policy on Afghan Asylum-Seekers, that they granted protection to a
large number of Afghan asylum-seekers from particularly dangerous
regions.