December 12, 2022 Submission to the Standing Senate Committeeon Human Rights Afghan Women’s Organization Refugee & Immigrant ServicesHead Office#203 - 150 Consumers RoadNorth York, ONM3J 1P9Tel: (416) 588-3585

A. IntroductionThe Afghan Women’s Organization Refugee & Immigration Services (“AWO”) makes thissubmission as a supplement to its testimony before the Standing Senate Committee on HumanRights (the “Committee”) regarding restrictions onhumanitarian aid to Afghanistan. Theserestrictions concern the terrorism financing provisions of Canada’sCriminal Codeand Canada’ssanctions regime, and the extent to which these restrictions are affecting the delivery ofhumanitarian assistance to vulnerable people in Afghanistan.

Given AWO’s longstanding commitment and deep-rooted connection to the Afghan community(both in Canada and Afghanistan), AWO is uniquely positioned to provide information onpressing issues facing the Afghan people in this time of crisis, including impediments todelivering urgent humanitarian assistance to Afghanistan. AWO expresses its gratitude for the opportunity to provide input on this pressing issue. We hopethat our submission will be of assistance during the Committee’s deliberations. B.

Afghan Women’s Organization Refugee & Immigration ServicesFor over 30 years, AWO has been providing multiple settlement services to newcomers toCanada, with a special focus on women, their families, refugees, and people who haveexperienced war and persecution. AWO is also a Sponsorship Agreement Holder (“SAH”). Ithas played a key role in supporting the refugee sponsorship program in Canada through thesponsorship and successful resettlement of over 5,000 refugees from around the world. As aresult, AWO has established strong connections with the broader Canadian and refugeeresettlement communities.

AWO is an Afghan women-led organization, and since its inception, AWO has been advocatingfor the human rights of refugees and Afghan women. Through AWO’s persistent and effectiveadvocacy and operational efforts, we have maintained meaningful connections with the Afghancommunity both locally and abroad. 1

Over the years, AWO has led several projects inside Afghanistan that focus on human rights,women’s rights, children’s rights, and access to education. This includes a number ofhome-based and underground schools for Afghan girls when the Taliban regime was in powerduring the 1990s. We also led educational and income generation projects for women insideAfghanistan and in refugee camps in Pakistan. Currently, AWO works with local Afghans to runan all-girls orphanage in Afghanistan’s capital city, Kabul.

Since the humanitarian crisis in Afghanistan escalated in the summer of 2021, AWO has beenworking tirelessly on many crisis response efforts, including supporting Afghan refugees thathave been evacuated to Canada. This includes coordinating efforts and working collaborativelywith partner organizations to identify the Afghan refugees’ basic needs and deliver orientationsessions and services that are culturally and linguistically appropriate as well as providingemotional support.

AWO has also collected and delivered donations to the Afghan refugees whoarrived with the clothes on their back, provided translation services to complete documents andunderstand COVID-19 protocols, and provided moral support during their transition process. AWO has also been engaged in many advocacy efforts to help enhance Canada’s response to thehumanitarian crisis in Afghanistan. AWO has drafted numerous press releases, calls to action,and letters to politicians with proposed changes to Canada’s current crisis response.

AWO leverages its experience supporting Afghan refugees in Canada as a SAH and a refugeeand immigration-specific resettlement organization to ensure our advice is impact-driven,culturally appropriate, and holistic. AWO also leverages its experience leading and supportinghuman rights-related initiatives in Afghanistan to ensure our proposals are always effective,sustainable, and allow Afghans to have agency over matters affecting the future of their country. C. Situation in AfghanistanAfghanistan faces an unprecedented humanitarian crisis.

The Taliban’s takeover of Afghanistanin 2021 has eliminated the progress in human rights over the past 20 years for the people ofAfghanistan, especially for women, girls, and ethnic and religious minorities. Women arebanned from most forms of employment and often cannot leave their homes without a male 2

guardian. 1 They have recently been banned from entering gyms, amusement parks, andhammams (public baths) altogether. 2 The Taliban hasalso imposed a ban on girls’ educationbeyond the 6th grade. 3 There are also reports ofcruel and extreme punishments against women,such as lashing and floggings 4 , and a significantincrease in targeted attacks against religious andethnic minorities, such as the Shia and Hazara people, with little to no protection from theTaliban 5 .

More than 800,000 Afghans have been displaced inside the country primarily due to the Talibantakeover in 2021. 6 This is over and above the threemillion Afghans that were already internallydisplaced within the country. An estimated 80% ofthese internally displaced persons are womenand children. 7 Many are living on the streets withno water, food, and shelter.

The UnitedNations has called the humanitarian crisis in Afghanistan “the worst humanitarian disaster we’veever seen.” 8 It is reported that some 24 millionpeople are in need of vital humanitarian relief. 9 At least one million children are at risk of dying due to severe acute malnutrition. The UnitedNations has further stated that Afghanistan is heading toward “universal poverty”. 10 Afghans are forced to take extreme steps in order to protect their families from hunger andextreme poverty.

There are reports of parents sedating their children at night to distract them 10 Business Insider. “UN warns that Afghanistan will enter ‘universal poverty’ within a year following Taliban’s takeover”.September 11, 2021. Online:https://www.businessinsider.com/un-warns-afghanistan-will-enter-universal-poverty-within-a-year-2021-9 9 UNHCR: Afghanistan emergency. Online:https://www.unhcr.org/afghanistan-emergency.html 8 CNBC, “Afghanistan is facing the ‘worst humanitariandisaster we’ve ever seen’, the UN says. November 12, 2021.

Online:ihttps://www.cnbc.com/2021/11/12/afghanistan-is-facing-a-humanitarian-disaster-un-says.html 7 UNHCR: Afghanistan emergency. Online:https://www.unhcr.org/afghanistan-emergency.html 6 UNHCR: Afghanistan emergency. Online:https://www.unhcr.org/afghanistan-emergency.html 5 Human Rights Watch, “ISIS Group Targets Religious Minorities: Taliban need to protect, assist Hazara, and other at-riskcommunities”. September 6, 2022. Online:https://www.hrw.org/news/2022/09/06/afghanistan-isis-group-targets-religious-minorities 4 BBC News, “Three women among among dozen publicly flogged in Afghanistan - Taliban official”.

November 23, 2022. Online:https://www.bbc.com/news/world-asia-63736271 3 UN News, “UN repeats call for Taliban to allow girlsfull access to school”. September 19, 2022. Online:https://news.un.org/en/story/2022/09/1126991 2 The Guardian, “Taliban ban women from parks and funfairsin Afghan capital: Women bored and fed-up at being forced to stayhome after latest edict which has hit business hard”. November 10, 2022. Online:https://www.theguardian.com/world/2022/nov/10/taliban-ban-women-from-parks-and-funfairs-in-afghanistan-capital 1 UN Women, “In focus: Women in Afghanistan one year after the Taliban takeover”.

August 15, 2022. Online:https://www.unwomen.org/en/news-stories/in-focus/2022/08/in-focus-women-in-afghanistan-one-year-after-the-taliban-takeover 3

from the lack of food, which could lead to further health complications. 11 Other reports claimthat family members are selling their organs to afford food. 12 Some Afghans even report to havesold their daughters because they can no longer afford to care for them. 13 In addition to extreme poverty and hunger, Afghanistan’s economy is hanging by a thread.Crippling sanctions against senior Taliban leaders have paralysed the banking sector andprevented Afghanistan from engaging with the international financial system and itsinstitutions. 14 These sanctions have disproportionatelyaffected ordinary Afghans as theybecome increasingly isolated from the rest of the world in the banking sector and beyond.

Thevalue of Afghanistan's currency has plummeted, raising the cost of imports and exacerbatinginflation and a cost-of-living crisis. The nation’s housing market has collapsed and massunemployment is prevalent. Drought, flash floods, and an earthquake have also severelyweakened the agricultural sector in many parts of the country. 15 Further, there are many at-risk Afghans that are in need of immediate evacuation andresettlement.

Canada’s existing special immigration measures for Afghans are insufficient, toorestrictive, encumbered by extensive delays, and fraught by lack of clarity and relevantinformation needed by applicants. 16 Unfortunately, many vulnerable Afghans are ineligibleunder Canada’s current resettlement programs. Afghans who fall under the programs’ purviewand applied have been waiting months for a meaningful response from Canadian authorities. Asa result, at-risk Afghans are left stranded in Afghanistan in increasingly dangerous andprecarious conditions.

Afghans, such as judges and lawyers who helped prosecute the Taliban,and prominent female human rights activists, face threats of violence and travel between limitedsafe houses with dwindling savings. 16 Canadian Bar Association Immigration Law Section.“Facilitative measures for Afghan nationals”. December 13, 2021. Online:https://www.cba.org/CMSPages/GetFile.aspx?guid=04a835f1-b36d-42a9-ab58-faa25f5da270 15 United Nations Office for the Coordination of HumanitarianAffairs. “Unprecedented flashfloods batter rural Afghanistan”.August 3, 2022.

Online:https://reliefweb.int/report/afghanistan/unprecedented-flash-floods-batter-rural-afghanistan 14 Chatham House: “Afghanistan: One year of Talibanrule”. August 15, 2022. Online:https://www.chathamhouse.org/2022/08/afghanistan-one-year-taliban-rule 13 Washington Post: “Through child marriage or paidadoption, Afghan girls bear brunt of crisis”. April 14, 2022. Online:https://www.washingtonpost.com/world/2022/04/14/afghanistan-girls-child-marriage-adoption/ 12 National Post. “One kidney village: Afghans so desperatethey’ve taken to selling their organs for cash”. March 1, 2022.

Online:https://nationalpost.com/news/world/one-kidney-village-afghans-so-desperate-theyve-taken-to-selling-their-organs-for-cash 11 BBC News. “I drug my hungry children to help them sleep”. November 24, 2022. Online:https://www.bbc.com/news/world-asia-63733683 4

In sum, the rapidly deteriorating conditions in Afghanistan is a cause for grave concern. Thenation is tilting closer to universal poverty with each passing day. Afghans are increasinglyunable to meet their basic needs and are forced to take desperate measures to maintain their livesand livelihood. Human rights and women’s rights are deteriorating. At-risk Afghans are leftstranded with limited means of protection in the face of imminent threats of violence andpersecution. D.

Impacton the Delivery of Humanitarian Aid to AfghanistanHumanitarian actors need clarity on permissible action under Canada’s counter terrorismprovisions and sanctions regimes. 1. Creating Barriers: Canada’s Criminal Code The counter terrorism provisions of theCriminal Codehave severely impeded the delivery ofhumanitarian aid to vulnerable Afghans. Many organizations, including AWO, have receivedfunds from generous Canadians towards emergency relief efforts in Afghanistan, such asdelivering food and other basic necessities to the Afghan people in this time of crisis.

Theproblem is that these Canadian-based organizations, who are ready and able to deliver thenecessary aid to vulnerable Afghans, are unable to do so because of theCriminal Code’scounterterrorism provisions.

TheCriminal Codeoutlines counter terrorism financingmeasures that may apply to the Taliban,which is thede factoauthority in Afghanistan atthis time. 17 As a result, humanitarian aid goinginto Afghanistan from Canada-based actors could be captured under Canada’s counter terrorismprovisions. 18 This means that impartial relief anddevelopment organizations could beinadvertently subject to criminal persecution when implementing Canadian-funded programs inAfghanistan. 19 19 Ibid. 18 Doctors Without Borders. Submission to the SpecialCommittee on Afghanistan. March 2022.

Online:https://www.ourcommons.ca/Content/Committee/441/AFGH/Brief/BR11656132/br-external/DoctorsWithoutBorders-e.pdf 17 Criminal Code, RSC 1985, c C-46, s 83. 5

There also lacks clear written guidance from Canadian authorities on whether such activitywould in fact be captured under the counter terrorism provisions. 20 AWO understands that legalscholars and lawyers have provided a legal opinion on this issue to the Canadian government(the “Legal Opinion”). 21 The Legal Opinion is firm in its conclusion - that humanitarian actorsshould not be held to have violated theCriminal Code'scounter terrorism provision under apurposive and Charter-compliant approach, which is the correct legal

interpretation. Despite theLegal Opinion, AWO understands that the Canadian government may apply a strict

interpretationof theCriminal Code. This landscape presents a riskto humanitarian organizations to continueoperations in Afghanistan and to initiate donation campaigns in order to help the most vulnerablein Afghanistan, such as women, girls, and ethnic and religious minorities. 22 Impartialhumanitarian actors are consequently left to operate within a strict

interpretation of theCriminalCode, which will continue to act as a barrier to thedelivery of urgent humanitarian aid intoAfghanistan until the Canadian legislation changes. Further, as part of Canada's Feminist International Assistance Policy (“FIAP”), undertakingcertain risks is acknowledged as fundamental to achieving its vision of meaningful social change,and for that reason, more responsive, efficient and effective funding mechanisms and approachesare needed. 23 In light of the Legal Opinion and FIAP’s objectives, AWO believes that the Canadiangovernment should reconsider its strict

interpretation and issue a statement confirming thathumanitarian actors will not violate theCriminalCode. An alternative option is to amendtheCriminal Codeand include an exception for humanitarianactivities carried out in the context ofan armed conflict. Should an amendment route be taken, urgency is of the utmost importance. Tofacilitate the delivery of much needed aid into Afghanistan while the amendment is beingprocessed, AWO suggests that the Canadian government issues a Ministerial statement to the 23 Canada’s Feminist International Assistance Policy.

Online:Canada’s Feminist International AssistancePolicy 22 CanWaCH. “The Criminal Code blocks Canadian humanitarianassistance to Afghanistan”. June 22, 2022. Online:https://canwach.ca/article/the-criminal-code-blocks-canadian-humanitarian-assistance-to-afghanistan/ 21 Landings LLP. Submission to the Special Committeeon Afghanistan. June 2022. Online:https://www.ourcommons.ca/Content/Committee/441/AFGH/Brief/BR11826867/br-external/LandingsLLP-e.pdf 20 Globe and Mail. “Canada’s anti-terrorism laws unchanged as Afghan face humanitarian crisis, winter looms”. September 30,2022.

Online:https://www.theglobeandmail.com/politics/article-canadas-anti-terrorism-laws-unchanged-as-afghans-face-humanitarian/ 6

humanitarian sector detailing permissible actions. Lastly, in his testimony before the SenateCommittee, Mr. Sujit Choudhry suggested that the Attorney General of Canada use his discretionnot to prosecute humanitarian actors under

section 83.24 of theCriminal Code. These proposedsolutions will allow AWO, and many other Canadian organizations, to continue its life savingwork in Afghanistan. 2. Creating Barriers: Sanctions The current sanctions regulation, theRegulationsImplementing the United Nations Resolutionson Taliban, ISIL (Da’esh) and Al-Qaida(SOR/99-444)under theUnited Nations Act(R.S.C.,1985, c. U-2), prohibits providing any financial or related services to or for the benefit of theTaliban and individuals and entities connected with the Taliban.

The United Nations Security Council passed Resolution 2615 (2021), which provides ahumanitarian carveout for sanctions against the Taliban and designated individuals and entities. 24 Resolution 2615 clarifies “humanitarian assistance and other activities that support basic humanneeds in Afghanistan” are not considered a violation on Taliban related sanctions and,furthermore that “the processing and payment of funds, other financial assets or economicresources, and the provision of goods and services necessary to ensure the timely delivery ofsuch assistance or to support such activities are permitted”.

Following the adoption of thisresolution, other common wealth nations (e.g., the UK and Australia) have updated theirregulations to reflect the Security Council’s resolution and created humanitarian carveouts totheir sanctions governing frameworks. These carveouts have enabled organizations in thesecountries to recommence the delivery of humanitarian aid to Afghanistan. A similar carveouthas not been adopted in Canada.

As a matter of urgency, AWO urges the Canadian governmentto adopt this carveout into its sanctions regulations. 24 UN Security Council Resolution 2615 (2021):https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/413/83/PDF/N2141383.pdf?OpenElement 7

3. Impact of the Current Legal Framework on Humanitarian Actors What Canadian-based organizations, such as AWO, have witnessed under the current legalframework is a case of “charity chilling”. Charity organizations have been forced to cease theirCanadian-funded programs in Afghanistan due to the fear of criminal persecution and thirdparties such as banks and governments from continuing operations with them.

This predicamentis wide spread and has led humanitarian organizations to form Aid for Afghanistan, a nationalcampaign calling on Canada to remove barriers to aid, such as revising theCriminal Code’scounter terrorism provisions. 25 The current legislative framework in Canada has contributed towards anxiety and depression formany of AWO’s community members. Afghans and allies are worried about their friends andfamily who are trapped inside Afghanistan with no assistance, food, or medical supplies.

AWOis put in a difficult position as it is unable to respond to its community members’ (in Canada andAfghansitan) needs in light of Canada’s counter terrorism provisions. Although AWO had limited resources for the programs that it implemented for women insideAfghanistan before thede factoauthority took over, AWO was able to enhance their capabilitiesand skills so that they could support themselves and their families. AWO’s experience is atestament to the fact that a significant impact can be made to the lives of Afghans with anyamount of donation and a sustainable view of development.

Ultimately, the counter terrorism provisions as they currently stand hurt vulnerable Afghans themost. A collapsing economy and extreme poverty will deepen the current crisis and create anopportunity for extremist groups, such as Daesh/ISIS-K,to capitalize on the misfortunes of thevulnerable and seek to recruit them. This is not only an issue for vulnerable Afghans insideAfghanistan but could have implications beyond its borders. 25 Aid for Afghanistan. Campaign. Online:https://act.newmode.net/action/world-vision-canada/canadas-largest-humanitarian-aid-agencies-are-joining-together-demand 8

E. RecommendationsWe extend our gratitude to the Canadian government for its commitment to support the people ofAfghanistan in this time of urgency. For decades, Canada has invested in development andrespect for human rights in Afghanistan. 26 Canada’sinvestments have advanced tangibleprogress in the areas of women’s rights, access to education, and access to healthcare. 27 However, AWO is concerned that Canada’s investments in Afghanistan are severely threateneddue to Canada’s domestic legislation stifling the delivery of urgent humanitarian aid.

AWO believes that Canada’s efforts to support the Afghan population will fall short of itsintended goals unless the problems in its domestic legislation are addressed. The Canadianlegislature must act now because the current legal framework is adversely affecting the deliveryof humanitarian aid when it is needed the most. AWO echoes the proposed solutions outlined in Doctors Without Borders’ and Landings LLPrespective submissions to the Special Committee on Afghanistan. 28 First, the ambiguity on theprotected status of humanitarian activities carried out in the context of an armed conflict shouldbe removed.

The Canadian government should apply the Legal Opinion’s stated purposive andCharter-centric approach when interpreting theCriminalCodeand release a clear writtenstatement that humanitarian actors will not be held to have violated theCriminal Code's counterterrorism provisions. Otherwise, the Canadian government should revise theCriminal Codewitha clear exemption for impartial humanitarian actors providing humanitarian assistance andaligned with international humanitarian law. Second, the risks that impartial humanitarian actorscould face if third parties interpret theCriminalCodestrictly should be removed.

Third partiessuch as banks and governments may cease to do business and engage in development work withthese impartial humanitarian actors if it is believed that they are not law abiding. Some of thesesolutions are also reflected in the Canadian Bar Association’s Charity and Not-for-Profit LawSection recent letter to the Canadian government to help facilitate the delivery of humanitarian 28 Supra17 andSupra21. 27 Ibid. 26 Government of Canada. “Canada-Afghanistan Relations”.Online:https://www.international.gc.ca/country-pays/afghanistan/relations.aspx?lang=eng 9

aid in Afghanistan. 29 For example, the Canadian Bar Association suggests specific revisions totheCriminal Codeand other counter terrorism legislationinhibiting the timely delivery of aidinto Afghanistan, such as theAnti-Terrorism Act.

The proposed revisions should not impact Canada’s ability to prosecute individuals who arealleged to have committed terrorist acts that fall outside humanitarian activities because they willonly apply to neutral humanitarian assistance undertaken in an armed conflict. 30 It is a solutionthat will continue to uphold Canada’s national security interests while facilitating the effectivedelivery of assistance to support the Afghan people.

Further, the United Nations has called upon the international community to make humanitarianexceptions to sanctions against the Taliban in order to deliver life saving aid to vulnerableAfghans. 31 In response, many of Canada’s allies haveremoved the barriers to aid delivery andclarified the non-applicability of the counter terrorism laws to the provision of humanitarianassistance in Afghanistan: United States, United Kingdom, European Union, and Australia. 32 Canada should respond in accordance with the United Nations resolutions and mirror thenon-applicability provisions of its allies to ensure the safe and timely delivery of humanitarianaid into Afghanistan. 33 AWO further supports the recommendations outlined in the Special Committee on Afghanistan'sJune 2022 report titled, “Honoring Canada’s Legacy in Afghanistan: Responding to the 33 Canadian Bar Association.

Charities and Not-for-ProfitLaw Section. “Facilitating Humanitarian Aid in Afghanistan”. September27, 2022. Online:https://www.cba.org/Our-Work/cbainfluence/Public-Policy-and-Advocacy/2022/September/Facilitate-humanitarian-aid-in-Afghanistan 32 Supra19. 31 United Nations resolutions:Resolution 2462 (March2019), para 243;Resolution 2482 (July 2019), para16;Resolution 2593(August 2021), para 3;Resolution 2582 (June 2021),para 4;Resolution 2590 (August 2021),

preamble;andResolution 2615(December 2021), para 18. 30 Ibid. 29 Canadian Bar Association. Charities and Not-for-Profit Law Section. Re: Report of the House of Commons Special Committeeon Afghanistan and Canada’s Anti-Terrorism Leglsiation. July 22, 2022. Online:https://www.cba.org/CMSPages/GetFile.aspx?guid=b7386a78-e843-4470-b77e-0c43221e440c 10

Humanitarian Crisis and Helping People Reach Safety” (the “Report”), particularly thefollowing: 34 ● Recommendation 9: That the Government of Canada act immediately to implementUnited Nations Security Council Resolution 2615. ● Recommendation 10: That the Government of Canada at immediately to ensure thatregistered Canadian organizations have the clarity and assurances needed-such ascarve-outs or exemptions-deliver humanitarian assistance and meet basic needs inAfghansitan without fear of prosecution for violating Canada’s anti-terrorism laws. ● Recommendation 11: That the Government of Canada review the anti-terrorism financingprovisions under theCriminal Codeand urgently takeany legislative steps necessary toensure those provisions do not unduly restrict legitimate humanitarian action thatcomplies with international humanitarian principles and law.

The recommendations outlined in the Report contain the path forward towards alleviating thehumanitarian and economic crisis in Afghanistan. The Canadian government agreed with all theReport’s recommendations, but have yet to implement them. 35 These recommendations must beimplemented immediately. In addition, given the magnitude of the crisis, Canada should have a long eye view that aidshould be given in a way that opens up a pathway for reviving the economy and addressingdevelopment needs beyond preventing economic collapse.

Many donors have generouslydonated to emergency relief efforts to deliver food and other basic necessities. However, theseshort-term measures are not enough since this is not a natural disaster. Key factors behind thecurrent unprecedented humanitarian crisis are: 35 Government Response to the First Report of the SpecialCommittee on Afghanistan.

Online:https://www.ourcommons.ca/content/Committee/441/AFGH/GovResponse/RP11969083/441_AFGH_Rpt01_GR/DepartmentOfForeignAffairsTradeAndDevelopment-e.pdf 34 Special Committee on Afghanistan. “Honoring Canada’sLegacy in Afghanistan: Responding to the Humanitarian Crisis andHelping People Reach Safety”. June 2022. Online:https://www.ourcommons.ca/Content/Committee/441/AFGH/Reports/RP11826943/afghrp01/afghrp01-e.pdf 11

● the suspension of development assistance and salary payments for Afghanistan’s civilservice;● the delinking of the Afghan central bank and commercial banks from the global financialsystem;● the freeze on Afghanistan’s foreign reserves and the US government’s decision to seize$3.5 billion of Afghanistan’s $7 billion currency reserves, while diverting the other $3.5billion to a trust fund;● the subsequent devaluation of the Afghan currency; and● the Taliban’s mismanagement of the economy.

Afghanistan needs a viable economy with support for both the public and private sector becausehumanitarian assistance alone will never be sufficient or sustainable. Lastly, Canada should work with the Afghan diaspora to ensure that Afghan voices and localcommunities are meaningfully engaged and considered when deciding how assistance will bedispersed, which is consistent with Canada’s feminist foreign affairs practices and internationalassistance policy. It is also essential to uphold the principle of accountability to ensure that aidreaches the most vulnerable.

Funds should only be allocated to NGOs and multilateralorganizations that are independent, transparent, and provide monitoring and reporting.Further,to ensure that Afghans have the tools and resources they need, it is imperative that Canadaincrease its financial commitment to at least $250 million for 2023 to reflect the drasticallyescalating needs. In

summary, the recommendations outlined in this submission will not only enhance theeffectiveness and sustainability of Canada’s crisis response efforts, but will also supportCanadian advocacy organizations such as AWO to meet the needs of vulnerable Afghans insideAfghanistan. 12

F. ConclusionThe crisis in Afghanistan is intensifying at an unprecedented rate. The population faceswidespread hunger, dwindling medical supplies and services, a crippled economy, and rapidlyshrinking human rights protections. AWO recognizes that Canada has valiantly stood alongsidethe people of Afghanistan in this time of crisis. Canada has committed to resettling Afghanrefugees as well as the provision of humanitarian aid of Afghans in the country.

However, themillions of dollars committed by the Canadian government and donations that organizations likeAWO have collected from Canadians towards humanitarian efforts in Afghanistan are notreaching those in need primarily because of Canada’s domestic legislation. TheCriminal Codeand Canada’s sanctions regulations have inadvertently criminalized Canadian-fundedhumanitarian activities inside Afghanistan. The risk of criminal persecution is far too great andhas inhibited Canadian-based humanitarian organizations such as AWO from helping Afghanswho are in desperate need of assistance.

The Canadian legislature must address this chillingeffect immediately in order to help Afghans start a new life with safety and dignity. The recommendations outlined in this submission can strengthen Canada’s response to the crisisin Afghanistan and provide a ray of hope to the vulnerable Afghans who have advocated forprinciples that we, as Canadians, strongly value. These Afghans have fought for the principles ofwomen’s rights, justice, and equality. We must match their bravery and resilience and pushthrough the difficulties before us.

This is an opportunity for Canada to strengthen its standing asa peacekeeping nation and add a

chapter to its legacy of providing assistance to vulnerablepeople in crisis. 13