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Afghan women's rights under threat Afghan women's rights under threat
(4 months later)
The situation for women in Afghanistan improved significantly after the fall of the Taliban in 2001, but recent protests against the country's landmark elimination of violence against women (Evaw) law has raised concerns that these gains will be short-lived and limited.The situation for women in Afghanistan improved significantly after the fall of the Taliban in 2001, but recent protests against the country's landmark elimination of violence against women (Evaw) law has raised concerns that these gains will be short-lived and limited.
Human Rights Watch reported last month that more than 400 women had been imprisoned for the "moral crime" of running away from home or having sex outside marriage, noting a 50% increase in the past 18 months.Human Rights Watch reported last month that more than 400 women had been imprisoned for the "moral crime" of running away from home or having sex outside marriage, noting a 50% increase in the past 18 months.
Efforts by women's rights activists and parliamentarians to ensure the 2009 Evaw law – signed as a decree by president Hamed Karzai but not yet ratified by parliament – is passed were thwarted by conservatives objecting that it was "un-Islamic". Criticism of the law was so strong that, on 18 May, the speaker stopped the parliamentary debate after 15 minutes and sent the law back to the joint commission of parliament, which prepares draft laws for further scrutiny.Efforts by women's rights activists and parliamentarians to ensure the 2009 Evaw law – signed as a decree by president Hamed Karzai but not yet ratified by parliament – is passed were thwarted by conservatives objecting that it was "un-Islamic". Criticism of the law was so strong that, on 18 May, the speaker stopped the parliamentary debate after 15 minutes and sent the law back to the joint commission of parliament, which prepares draft laws for further scrutiny.
While the law can still be implemented, because it has been signed by the president, it must be passed by parliament to give it legitimacy.While the law can still be implemented, because it has been signed by the president, it must be passed by parliament to give it legitimacy.
Among the violations banned in the law are child and forced marriage, and rape. A previous draft of the law had allowed the first two and rape within marriage. It also said wives would need permission from their husbands to leave the house, and recommended that beating a woman should be punishable by law only if the woman is seriously injured.Among the violations banned in the law are child and forced marriage, and rape. A previous draft of the law had allowed the first two and rape within marriage. It also said wives would need permission from their husbands to leave the house, and recommended that beating a woman should be punishable by law only if the woman is seriously injured.
Following the fracas in parliament, Kabul University students came out in protest against the law and against democracy.Following the fracas in parliament, Kabul University students came out in protest against the law and against democracy.
Heather Barr, from Human Rights Watch, said the parliamentary debate was unhelpful. "This law has changed the whole tone of human rights violations and made a huge difference," she said. "Rape, underage marriage and forced marriages were not even recognised as crimes until this law was passed by presidential decree, which is as valid now as it was before the parliamentary debate.Heather Barr, from Human Rights Watch, said the parliamentary debate was unhelpful. "This law has changed the whole tone of human rights violations and made a huge difference," she said. "Rape, underage marriage and forced marriages were not even recognised as crimes until this law was passed by presidential decree, which is as valid now as it was before the parliamentary debate.
"But what happened in parliament was a negative development when the focus should really have been on the enforcement of the law by police, prosecutors and judges. There is no political will to follow up on implementation.""But what happened in parliament was a negative development when the focus should really have been on the enforcement of the law by police, prosecutors and judges. There is no political will to follow up on implementation."
Barr believes that the international community has lost interest in Afghan women and that Karzai, who might have relented under international pressure to support women's rights, will backtrack on his commitments by aligning with conservatives.Barr believes that the international community has lost interest in Afghan women and that Karzai, who might have relented under international pressure to support women's rights, will backtrack on his commitments by aligning with conservatives.
According to Barr, the president last month told a group of about 30 female activists that he'd done all he could for them, that the law was against Islam, and they should stop campaigning for it. There is now a huge risk that women's rights will drop off the agenda as international forces withdraw next year.According to Barr, the president last month told a group of about 30 female activists that he'd done all he could for them, that the law was against Islam, and they should stop campaigning for it. There is now a huge risk that women's rights will drop off the agenda as international forces withdraw next year.
Barr, who has lived in Afghanistan since 2007, questioned why protecting women and girls after the 2014 transition period was not mentioned at last year's Nato summit on security. "If at the 2012 Nato summit the international community came together to make a 10-year plan for supporting the Afghan security forces, then why hasn't it also come up with a similar roadmap supporting women's rights in Afghanistan? Making sure that Afghanistan continues to have an army seems important to other countries because of their own national security concerns – and women's rights just don't matter to them as much."Barr, who has lived in Afghanistan since 2007, questioned why protecting women and girls after the 2014 transition period was not mentioned at last year's Nato summit on security. "If at the 2012 Nato summit the international community came together to make a 10-year plan for supporting the Afghan security forces, then why hasn't it also come up with a similar roadmap supporting women's rights in Afghanistan? Making sure that Afghanistan continues to have an army seems important to other countries because of their own national security concerns – and women's rights just don't matter to them as much."
Last week, a group of British MPs said in a report that "ending violence against women and girls is the litmus test" for whether development policy is working in Afghanistan. They stressed that previous UK government commitments to Afghan women should be monitored and that the status of women after 2014 would show whether international military and development funding has improved the lives of people.Last week, a group of British MPs said in a report that "ending violence against women and girls is the litmus test" for whether development policy is working in Afghanistan. They stressed that previous UK government commitments to Afghan women should be monitored and that the status of women after 2014 would show whether international military and development funding has improved the lives of people.
In March, the UK Department for International Development (DfID) said tackling violence against women and girls would be a "strategic priority" in its country plan.In March, the UK Department for International Development (DfID) said tackling violence against women and girls would be a "strategic priority" in its country plan.
However, the status of Afghan women is among the worst in the world, according to the UN's latest gender inequality index. As demonstrated by the reaction in parliament, violence against women and girls is justified by tradition and religion.However, the status of Afghan women is among the worst in the world, according to the UN's latest gender inequality index. As demonstrated by the reaction in parliament, violence against women and girls is justified by tradition and religion.
Shukria Khaliqi, a lawyer, works with the legal team at Women for Afghan Women, a human rights group that runs a women's shelter in Kabul. The shelter has given refuge to women who have been attacked by husbands or other family members, and has represented in court hundreds of women who have experienced abuse or want a divorce.Shukria Khaliqi, a lawyer, works with the legal team at Women for Afghan Women, a human rights group that runs a women's shelter in Kabul. The shelter has given refuge to women who have been attacked by husbands or other family members, and has represented in court hundreds of women who have experienced abuse or want a divorce.
Khaliqi says she lived in a refugee camp in Peshawar during the Taliban regime but came back to Kabul when the Americans arrived. She has won all her court cases. Because the Taliban know who she is, her life is in danger. "If they make it into government next year that is bad, because I have made sure male perpetrators are imprisoned when they commit violent crimes," she said. On Tuesday, the US said it would begin direct peace talks with the Taliban, although a diplomatic row about the Taliban's new Qatar office has delayed preliminary discussions.Khaliqi says she lived in a refugee camp in Peshawar during the Taliban regime but came back to Kabul when the Americans arrived. She has won all her court cases. Because the Taliban know who she is, her life is in danger. "If they make it into government next year that is bad, because I have made sure male perpetrators are imprisoned when they commit violent crimes," she said. On Tuesday, the US said it would begin direct peace talks with the Taliban, although a diplomatic row about the Taliban's new Qatar office has delayed preliminary discussions.
Some observers believe violence against women can be reduced by strengthening systems within the police and the judiciary. But these structures remain weak and inaccessible for most women requiring assistance. And, judging by the reaction in parliament, there is unlikely to be much change soon.Some observers believe violence against women can be reduced by strengthening systems within the police and the judiciary. But these structures remain weak and inaccessible for most women requiring assistance. And, judging by the reaction in parliament, there is unlikely to be much change soon.
• Razeshta Sethna is a senior assistant editor at the Herald in Karachi, Pakistan• Razeshta Sethna is a senior assistant editor at the Herald in Karachi, Pakistan
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