Modern Australian
The Times

Should Australia recognise a Taliban government?

  • Written by Donald Rothwell, Professor of International Law, Australian National University

Should Australia recognise a Taliban government in Afghanistan? This is a question the federal government has been facing ever since the government of Afghan Prime Minister Ashraf Ghani capitulated to the Taliban on August 15.

Since that time, various Australian government ministers have avoided media questions on this sensitive topic. This week, an interim government was announced in Kabul, so the question has become more pressing.

It is clear the United States, the United Kingdom and others have been in talks with the Taliban in recent weeks. The US’s co-ordinated withdrawal from Kabul could not have taken place without some level of Taliban co-operation. There has already been de facto engagement with the Taliban and a recognition they are now in charge.

Australian Foreign Minister Marise Payne told the Senate on August 23:

Australia will support international efforts to maintain pressure on the Taliban and on any future Afghan administration to meet its responsibilities to its people, its region and the wider world.

From an international law perspective, Afghanistan has not actually changed that much since the Taliban took Kabul. It still remains a “state” for the purposes of international law, and retains its seat at the United Nations. All of the treaties Afghanistan has entered into remain legally valid.

Read more: The Taliban wants the world's trust. To achieve this, it will need to make some difficult choices

The 1933 Montevideo Convention has a test for the recognition of a new state. There must be settled boundaries, a defined population, a government and a capacity to enter into international relations.

Australia applied the test to Timor-Leste, for example. Australia was one of the first countries to formally recognise Timor and even signed a maritime boundary treaty in Dili on independence day in May 2002. In that instance, Timor was clearly emerging as a newly formed state from its previous existence as a Portuguese colony and then Indonesian province.

Even if the Taliban proclaims a new name for the country such as the “Islamic Emirate of Afghanistan”, that does not make Afghanistan a new state for international law purposes. After all, countries changing their names is not exceptional. They also regularly change governments.

In 2021, Australia has faced changes in government in Myanmar and the United States. In the case of Myanmar, Australia expressed its displeasure with the February military coup, but has proceeded to deal with the current military government. Official congratulations were passed on to the Biden administration and business as usual has carried on with Washington.

Should Australia recognise a Taliban government? Despite a military coup in Myanmar, the Australian government has continued to deal with its new rulers. Lynn Bo Bo/EPA/AAP

Why, then, is the question being asked as to whether Australia and other western governments will recognise a Taliban government in Afghanistan? First, the Taliban’s previous rule from 1996-2001 was characterised by its ruthlessness in seeking to enforce sharia law, and widespread human rights violations, especially against women.

That regime’s legacy is a legitimate concern for Afghan women, foreign governments and multiple human rights organisations that are fearful it will be repeated again.

Second, Australia, the US and their western allies devoted considerable military resources to overthrowing the Taliban following the September 11 2001 terror attacks. For Australia and others, the Taliban had effectively lost their right to govern following their support for, and harbouring of, Osama bin Laden.

Read more: Explainer: what is shariah law and what version of it is the Taliban likely to implement?

With the looming 20th anniversary of the September 11 attacks at the forefront of public consciousness, especially following the very public decision of the Biden administration to end the so-called “forever war”, there is understandable caution in hastily recognising a Taliban government.

How then will Australia act? Canberra will not wish to take the lead in this matter. There may even be a co-ordinated strategy by certain western countries.

UK Prime Minister Boris Johnson has suggested any recognition of the Taliban may be conditional. The formation of a stable government will be the first priority. Other conditions could include a clear and verifiable commitment to human rights, especially respect for women’s rights, and the ability of Afghans and other citizens to freely leave the country.

A period of initial de facto recognition of the Taliban is probable, which could over time give way to formal recognition.

Australia will need to have a clear policy framework to deal with these dynamics. For better or worse, Australia has been intimately connected with Afghanistan’s future now for 20 years. The ongoing Australian government investigation into alleged war crimes in Afghanistan by Australian Defence Force personnel will keep that relationship in the public eye for years to come.

To ensure those war crimes investigations and the associated in-country gathering of legally admissible evidence is not jeopardised, Australia will need to learn eventually to work with whichever government oversees Afghanistan from Kabul.

At present, that is the Taliban.

Authors: Donald Rothwell, Professor of International Law, Australian National University

Read more https://theconversation.com/should-australia-recognise-a-taliban-government-167118

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...