A Case Study of Afghan Women’s Rights Essay

Afghanistan has experienced almost three decades of continuous conflict, which has undermined the physical and sexual security of Afghan women in rural as well as urban environments. In a historical analysis, rape prevalence and sexual violence are directly related to ethnic conflict and warring factions. The International Coalition has exacerbated the problem of warlord-dominance in the countryside by utilizing Northern Alliance militias in the â€Å"War on Terror.† These militias have records of extensive human rights abuses and war crimes, including the perpetration of systemic rape campaigns for ethnic-cleansing. Human rights abuses force Afghan women to live in terror.1 Sixteen-year-old Nazia’s family wedded her to a forty-year-old man, Mumtaz, in September 2007.2 Two weeks later, her husband beat her for no obvious reason. 3 Mumtaz had become suspicious that Nazia met other men secretly, so he beat her until she fainted See more: Ethnic groups and racism essay .4 He tied her down and broke her teeth with a stone.5 He poured boiling water on her feet.6 When Nazia subsequently did not cook dinner for him because she could not stand, he tied her up and beat her again.7 While enduring the violence, she felt an excruciating pain in her left and right ears and tasted blood flowing down her face.8 Mumtaz had cut off her ears and her nose with hisknife.9 Nazia’s story, told from her hospital bed in Qalat,Afghanistan, 10 serves as an example of the plight of women in Afghanistan11 and the human rights violations targeted atwomen.12 Human rights abuses against Afghan women occur daily.13 Women face punishment such as public whippings, stonings, and imprisonment for inadvertently exposing their ankles or for wearing brightly colored shoes.’ 14 Although Afghanistan’s current constitution,15 and the international treaties 16 to which Afghanistan is a signatory, enumerate equal rights for women and men, 17 poor law enforcement, lack of awareness about women’s rights,and conservative traditions 18 prevent the promise of equal rights from becoming a reality.19 Despite these guarantees of women’s fundamental rights, significant challenges remain for Afghan women in terms of implementing the constitutional provisions, and reconciling the more conservative and male-dominated aspects of Afghan society with culturally pragmatic conceptions of gender equality.20 The 2003 Constitution also requires that Afghanistan abide by international conventions that it has signed,21 including the Convention on the Elimination of All Forms of Discrimination Against Women (â€Å"CEDAW†),22 yet Afghan women and girls continue to suffer from entrenched discrimination throughout the country. 23 As a result, Afghanistan is currently a haven for severe human rights abuses against women and girls.24 Women are the victims of discrimination and human rights abuses because Islamic societies often interpret human rights for women to conflict with Islamic law. 25 Afghanistan is one of these societies.26 Despite equal rights for women and men written in the 2003 Constitution, Afghan women are not afforded rights equal to men in practice, and they presently live in terror. 27 This comment addresses gender rights in Afghanistan, focusing on continuing human rights violations28 despite Afghanistan’s international treaty obligations 29 and prohibitions against discrimination in the 200 3 Afghan Constitution. A member of the Bamyan Provincial Council, Wahidi Beheshti, is accused of killing a young girl named Shakila on January 22 this year in his own house in Bamyan province. She had been raped by Beheshti and then killed with a gun of his bodyguard. Beheshti’s family claimed Shakila had committed suicide; however forensics proved that she had been killed. Wahidi Beheshti denied any involvement in the matter but the police had also said that Shakila had been killed with a gun of Beheshti’s bodyguard Qurban. Also the forensics who performed the postmortem said they had found evidence that Shakila had been raped by Beheshti before she was killed. According to Mohammad Alam, Shakila’s brother, both Beheshti and his nephew Abdul Wahab were present at the scene of the murder but both denied their presence. He had told Bokhdi News Agency, â€Å"Wahidi Beheshti threatened my family by phone several times and demanded that we cooperate with them so that the matter is resolve d quietly. He promised in his phone calls that he will pay the court money to free Qurban (accused of murder) and wrap up the matter in whatever way possible.† Wahidi Beheshti’s brother Fokori Beheshti is a member of the parliament and his father was a strongman in the area during the 1990s. The case is under deliberation in a court in Bamyan province but Beheshti’s powerful brother and friends are trying to free him by any means possible. According to sources Fokori Beheshti, Said Hussain Anwari and Said Alimi Balkhi (all members of the national assembly) have pressurized the police forensics not to present evidence of Shakila’s rape by Wahidi Beheshti to the court. In a country where so-called lawmakers rape and kill an innocent girl, it is only natural to expect obstruction of justice. There are thousands of Shakilas who die victims or live a life of pain and sufferings, and hundreds of Beheshtis who roam about freely thanks to the impunity given to them by cruel local commanders, misogynist lawmakers and judges, and ultimately the corrupt mafia government.30 During the consultations, a majority of women expressed that they have not meaningfully participated in planning for the Security Transition. In the provinces where Transition has yet to officially start, women do not believe they will be involved in consultations to determine future plans, steps, and activities associated with the transfer of security authority. Recent consultations also revealed that women do not feel that Afghan National Security Forces are responsive to women’s needs and do not uphold human rights standards. Women perceive Afghan National Security Forces as not having the full capacity and expertise necessary to address the security needs of Afghan citizens, especially women and children. They also believe that in recent years, little attention has been given to build the capacity of ANSF to improve civilian adherence to existing laws and advance rule of law by demonstrating that people who violate laws will be punished. However, women still expressed a strong interest in the international community continuing to work to build the capacity and adequately resource the ANSF. Policy makers in Afghanistan reiterate again and again that transition is not about military and security matters alone, however practical experience on the ground shows that there isn’t adequate attention paid to improving rule of law, governance, and access to justice. Similarly, it is unclear how such processes are impacting women’s security. Transition should start from a citizen-articulated vision in which women and men of Afghanistan take responsibility for their better future. The road map for the exit of international forces is necessary; however, an accelerated withdrawal will jeopardize the investments of human life and material resources generously contributed by more than 40 nations, not to mention the numerous casualties of Afghan National Security Forces and enormous sacrifice by the this country’s women, men and children. Women organizations and activists have better access to local communities and are aware about the challenges and causes of insecurity in their communities; therefore they should be consulted and included to ensure that security and transition plans are implemented successfully. BACKGROUND A. Treatment of Women in Afghanistan from the Rule of the Soviet Union to the Present Following civil war in Afghanistan in 1978, the Soviet Union took control of Afghanistan and created many opportunities for women,including aggressive literacy programs.31 Under the Soviet Union’s Communist regimefrom 1979 to 1992, Afghan women enjoyed equal rights and social, economic, and political freedom.32 In the 1980s, the Communists enforced equal rights for women and men in a civil-war-torn Afghanistan.33 As a result, women held a greater number of business, law enforcement, and Parliament positions than they did prior to the civil war. 34 Furthermore, education and employment became more socially acceptable for women.35 As a result, women assumed positions as lawyers, entertainers, and doctors.36 As part of this greater freedom, women saw more educational, employment, and professional opportunities. 37 In 1979, female students even outnumbered male students at universities.38In 1992, 39 the Communist regime fell and the Islamic State of Afghanistan assumed control.40 Subsequently, the â€Å"rights and dignity of women went out the window 41 The 1977 constitution that guaranteed equal rights for women and men was â€Å"thrown out 42 The Islamic State of Afghanistan began to remove women’s rights systematically, and institutionalized various violations against women.43 In 1993, the Islamic State of Afghanistan ruled women must be completely covered, women could not wear perfume or makeup, and women’s freedom and mobility would be restricted.44The justification for these rulings was that men become too excited by women and are tempted to stray from the Islamic way of life, and the restrictions on women reduce this temptation.45 In addition, other, more violent human rights abuses towards women occurred under the Islamic State of Afghanistan, such as torture, rape, and sexual abuse.46 Interestingly, also in 1993, as part of the Vienna Declaration,47 Afghanistan formally reaffirmed its â€Å"faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women 48 The Vienna Declaration also stressed the importance of eliminating violence against women and â€Å"any conflicts that may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism.49 Despite Afghanistan’s part in the Vienna Declaration, human rights abuses against women continued as the Taliban 50 emerged as a volatile presence in Afghanistan.51 Taliban rule, which lasted from 1996 to 2001,52 resulted in major setbacks for women.53 The Taliban developed as a political-religious force,54 and eventually seized the cities of Kandahar in 1994, Herat in 1995, and Kabul, Afghanistan’s capital, in 1996.55 Before the Taliban captured Kabul, women made up seventy percent of teachers, forty percent of doctors, and generally worked in all areas of employment.56 After the Taliban fully seized power, it severely oppressed women’s rights. 57 The oppressive Taliban policies violated United Nations treaties, but the Taliban asserted that the treaties’ duties were inconsistent with religious law and cultural practices.58 The Taliban began by closing all schools for girls and forbidding women to work outside the house. 59 The Taliban imposed rules on women, restricting their freedom of movement, dress, education, and employment.60 The women and girls who violated these rules received punishments, including beatings on the streets, amputation of limbs, and public executions.61 The Taliban justified its practices in accordance with its interpretation of the Quran,62claiming to follow a pure, fundamentalist Islamic ideology.63 Taliban leaders enforced the law as they saw fit and prohibited differing interpretation. 64 The plight of Afghan women living under the Taliban regime became an issue of global concern. 65 After the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, and the subsequent United States military invasion of Afghanistan in October 2001, the Taliban regime collapsed.66 This development presented women with the opportunity to fight for gender equality.67On December 5, 2001, the Bonn Agreements 68 mandated that the Transitional Administration of Afghanistan set up a Constitutional Commission to draft a new constitution.69 The Constitutional Commission’s mandate was to ascertain the Afghan people’s desires, both within the country and abroad, regarding their new constitution.70 The thirty-five member commission drafted the new constitution. 71 Seven of the thirty-five commission members were women, 72 which ensured the â€Å"participation of women in the constitution making process73 As part of the drafting commission, Afghan women w ere finally able to play a role in addressing women’s fundamental rights in the 2003 Constitution.74 INTERNATIONAL POLICY: REVIW AND RECOMMENDATIONS War and political insecurity in Afghanistan are directly related to rape incidence and sexual violence, especially under a free reign of ethnically divided militia factions. By empowering the Northern Alliance militias, the international community has created a long-term institutional problem that will undermine the democratic transition. Not only do these warlords have the military capacity to affect the electoral processes in their localities, but their de facto rule of the countryside also incapacitates the central authority in maintaining effective governance. The preponderance of warlords has also been legitimized through the democratic process, which offers militia commanders an opportunity to engage the political process in an official capacity while secretly maintaining their criminal and military powers. As a result, the international community has made the long-term presence of coalition military forces necessary for maintaining law and order. Because the international community empowered these militias in the War on Terror, the presence of international forces is required to keep the commanders under control, in order to avoid the brutality and violence of the civil war period. The recent decision by the North Atlantic Treaty Organization (NATO) to increase the number of International Security Assistance Force (ISAF) troops to expand the international mission into the unstable countryside is the most recent attempt to bolster the central government’s effectiveness in the rural regions.75 The expanded mission has been hailed as the solution to transition from warlord rule to democratic self-governance. The Canadian military recently announced that its new troop contingent expects to remain in Kandahar province for up to 20 years to help restore the country and prevent another collapse into civil war. These forces are expected to act as a stabilizing force to keep warlords in check. However, a long-term international presence might be alarming to Afghans who have a history of deep xenophobia and hostility towards occupying forces. Furthermore, regional and international power struggles between Pakistan and India, and the USA and Russia have exacerbated Afghanistan’s internal fragmentation, as international military forces continue to mobilize paramilitary groups against their rivals. Afghan people have also grown suspicious of the international humanitarian agenda in Afghanistan, which diverts a majority percentage of international funds to private security and foreign salaries, rather than food, medicine, or other vitally needed supplies for Afghan people. There are four key actions that the International Coalition and civil society actors must consider in order to correct the political chaos that has emerged in the post-Taliban period, which undermines the rights and protection of Afghan women. First, American forces must stop financing militias for use against the Taliban and al-Qaeda in the War on Terror. By utilizing these proxy militias, the international community has disempowered Afghan people and undermined the capacity of the central government to protect its citizens and enforce its laws. The resulting political instability and preponderance of foreign-backed warlords and militia groups in the countryside also directly threatens both the physical and sexual security of rural Afghan women. Second, the warlords that the US-led coalition co-opted during the offensive against the Taliban, who now hold official Parliamentary and Cabinet positions in the central government, must be stripped of their political power in the new democ racy. Furthermore, those warlords accused of war crimes and crimes against humanity, including sexual abuse, must be brought before both local courts and international tribunals. In order to establish a culture of social reconciliation and peace-building, all human rights violations committed during the four war periods must be resolved through legal and social mechanisms that provide rape victims with the opportunity to seek justice for atrocities perpetrated against them. Traditional values, especially those pertaining to women, the family, and social justice, must be considered in the development of laws that address violence against women. Third, in order to address the survival needs of the majority of Afghan women, international civil society actors must invest in rural development, health, and education, and co-operate with local partner organizations. Currently, international funding for humanitarian assistance is directed primarily towards the more stable and accessible urban envi ronments, where international organizations have developed isolated communities of wealthy ex-patriots. Rampant accusations that non-governmental organizations have squandered Afghanistan’s international funding through dubious projects and lofty salaries for foreign workers must also be investigated, in order to establish legitimacy and accountability within the civil society network. The creation of an internationally-sponsored, government-monitored, socially responsible, and grassroots civil society in rural Afghanistan would empower rural women in their communities and increase the capacity of the central government in the lawless countryside. Fourth, the traditional Islamic culture and values of Afghans must be respected in the development of women’s rights policies. Historically, Afghans have opposed radical changes in women’s social and legal status, especially those that they perceived violated the principles of Islamic law. In order to maintain a semblance of legitimacy with rural peoples, the international community must demonstrate an understanding of and respect for traditional norms and Islamic religious values, including those pertaining to women. By operating within culturally sensitive frameworks, the international community would avoid hostile backlash and better address the needs of Afghan women. The failure of the state of Afghanistan remains the most fundamental obstacle in the promotion of gender equality, as without the strength to enforce domestic legal and political reforms in rural areas, the government is ineffectual in most of the country. The International Coalition in Afghanistan must cease empowering and enabling warlords and militia commanders for convenient military purposes, which fundamentally impedes efforts to bring rapists and human rights violators to justice in local and international arenas. Coalition forces and the international community must also remain conscious of the deep Islamic character of the Afghan people, as it pertains to cultural norms that apply to women, sex, and family relations. The recommendations listed above build upon and supplement the concrete recommendations developed by Afghan women who have advocated for their inclusion in peace and security processes over many years. Each time, women have worked to develop solutions for what needs to be done to improve their situation. AWN brings a number of these recommendations back to the memory of policy makers who may have read Afghan Women Position Paper toward Bonn and Beyond. This is a reflection to evaluate the level of seriousness and attention that might have been put towards the demands of women since September 2011. 1. Women’s organization should be included in designing, monitoring and evaluating indicators that measure the impact of transition on women. Transition decisions should be based, in part, on results of this monitoring. 2. The recruitment of Afghan Local Police (ALP) and other security alternative needs to include a transparent vetting process so that former and current warlords with previous record of human rights violations do not automatically become part of the national forces. A portion of the vetting process should be community based, allowing women’s groups and women from communities to report on the background of the newly enrolled security forces 3. Women leaders in government and civil society are under constant attack, while it is necessary to ensure women’s protection in general, women leaders’ protection needs to be a priority as per their critical role as agents of change in society against conservative elements taking Afghanistan back to 199 0. 4. The Afghan government should have a clear reporting process for the human rights instruments and international laws that it has signed and needs to demonstrate that Afghan laws are not in contradiction with its international legal commitments for women. 5. A joint International Afghanistan War Memory Commission should be created so that the past 30 years of war violations are identified and there is a documentation process as a matter of conflict prevention. Such an investigation does not have to conclude in a legal trial but a memory of war and the beginning of a healing process. Otherwise, the practice of impunity will not unite Afghans towards a rule of law culture. CONCLUSION Afghanistan is still a haven for gender violence and discrimination despite equal rights enumerated in the Afghan Constitution. 76The Afghan Constitution requires that Afghanistan abide by the UDHR, the U.N. Charter, and other international treaties to which Afghanistan is a signatory. 77 However, these rights are unrealized in practice due to problems with the judiciary, such as lack of training and corruption,78 and the lack of awareness among the Afghan people of the law.79 To remedy these problems, Afghanistan should interpret its Constitution in accordance with Islamic laws following the examples of Iran80 and Egypt81 Afghanistan should train the judiciary not only on secular law, but on how to interpret the Constitution and international law in accordance with Sharia. If feasible, respected Islamic judges from Egypt should provide guidance to Afghanistan’s judges.Furthermore, Afghanistan should simultaneously disseminate information like the Bench Book 82 to increase women’s awareness and understanding of their rights and the procedural mechanisms to report infringement upon their rights. As Afghanistan continues to develop and strengthen its legal infrastructure within the framework of Islamic law, progressive interpretation of the Sharia is necessary in order for constitutional laws to be accepted and followed by Muslims.83 As the people of Afghanistan become more aware of the laws that govern their state and as they accept that women’s rights principles can co-exist with Islamic principles, women’s participation in society and politics will improve. This would be a large and overdue step for Afghanistan. References: 1. See Jessica Nash, Editorial, Afghan Women Forced to Live in Terror, W. GEORGIAN, Oct. 17, 2007, http://media.www.thewestgeorgian.com/media/storage/paper523/news/2007/10/1 7/Opinion/Afghan.Women.Forced.To.Live.In.Terror-3035567-page2.shtml. 2. Nazia Afghanistan: â€Å"My Husband Cut off My Ears and Nose and Broke My Teeth,† IRIN NEWS, Dec. 26, 2007, http://www.irinnews.org/HOVReport.aspx?ReportId=76003. 3. Id. 4. Id. 5. Id. 6. Id. 7. Id. 8. Nazia Afghanistan: â€Å"My Husband Cut off My Ears and Nose and Broke My Teeth,† supra note 2. 9. Id. (showing pictures of the mutilation). 10. Id. 11. Michael Stittle, Warlords No Better Than Taliban, Says Afghan MP, CTV NEWS, Nov. 8. 2007, http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071107/Malalai-Joya 071107/20071107/. 12. See Nash, supra note 1. 13. See id. 14. Id. 15. The 502 delegate Loya Jirga (â€Å"Grand Council†) passed the 2003 Afghan Constitution on January 4, 2004, which governs Afghanistan today. JAMES INGALUS, THE NEW AFGHAN CONSTITUTION: A STEP BACKWARDS FOR DEMOCRACY 1-2 (2004), http://www.fpif.org/papers/2004afghanconst.html. 16. See infra notes 105-09 and accompanying text. 17. See infra notes 87-90. 18. Women Workers Exposed to Health Risks in Herat Factories, IRIN NEWS, Oct. 30, 2007, http://www.irinnews.org/Report.aspx?ReportId=75048. 19. See, e.g., Nash, supra note 1 (explaining that women’s freedoms are restricted every day in Afghanistan). 20. Horia Mosadiq, The New Afghan Constitution: How Women Succeeded in Ensuring Certain Rights and What Challenges Remain, 3 CRITICAL HALF 28, 28 (2005), available at http://www. womenforwomen.org/news-women-forwomen/ files/crit-half/CHJournalv3.pdf. 21. AFG. CONST. art. 7, available at http://afghanland.com/history/constitution.html. 22. United Nations Division for the Advancement of Women, Convention on the Elimination of All Forms of Discrimination against Women: States Parties, http://www.un.org/womenwatch/daw/cedaw/states.htm (last visited Oct. 18, 2008) [hereinafter CEDAW: States Parties]. 23. Human Rights Watch, More Business Than Usual: The Work Which Awaits the Human Rights Council, Mar. 12, 2007, http://hrw.org/englisb/docs/2007/03/12/sudanl5471.htm [hereinafter HRW, More Business Than Usual]. 24. Id. 25. Katherine M. Weaver, Comment, Women’s Rights and Shari’a Law: A Workable Reality? An Examination of Possible International Human Rights Approaches through the Continuing Reform of the Pakistani Hudood Ordinance, 17 DUKE J. COMP. & INT’L L. 483, 483 (2007). 26. See supra notes 15-21 and accompanying text.27. See Nash, supra note 1. 28. HRW, More Business Than Usual, supra note 23 (â€Å"Afghan women and girls continue to suffer from entrenched discrimination throughout the country.†). 29. CEDAW: States Parties, supra note 22. Afghanistan acceded the Convention on the Elimination of All Forms of Discrimination against Women on March 5, 2003. Id. 30. See http://www.rawa.org/temp/runews/2012/07/18/a-member-of-bamyan-s-provincial-council-accused-of-raping-and-murdering-a-teenage-girl.html .