AFGHANISTAN: UNITED NATIONS REPORT HIGHLIGHTS PROBLEM OF VIOLENCE AGAINST WOMEN

Eurasia Insight:

Aunohita Mojumdar: 7/15/09


One of the first women to be elected to a public post in conservative Afghanistan, Zarghuna Kakar serves as a member of the provincial council in Kandahar. Public service has come at a high price for her. She and her husband were attacked and her husband killed in a Kandahar market, and she now fears for her own life and wonders why she ever entered politics.

In the western province of Herat, Maria Bashir receives threats in connection with her official duties as the chief prosecutor, the sole female prosecutor in Afghanistan. In her job she has to witness terrible things. "I have seen women who immolated themselves out of despair. I cannot forget those images," she said, adding that peril is a constant part of her life. "If we women do not accept risks and work, no changes will happen," Bashir adds.

Contrary to perception that threats to women in Afghanistan originate primarily from the Taliban's restrictive interpretation of Islam, a new UN report shows that the risks to women in Afghanistan are growing under President Hamid Karzai's administration. It also shows that the perpetrators of the violence come from all sectors of society, not just from among Islamic militants. Aptly named 'Silence is Violence,' the report also documents how the lack of condemnation or action to counter this violence on the part of society at large -- and government institutions and leaders in particular -- is helping perpetuate and intensify it.

At considerable risk to themselves, both Bashir and Kakar were in Kabul on July 8 for the report's release. Yet they were the lucky ones. Women in public places are being increasingly targeted. And many women in high-profile positions have already perished as they tried to build civil society in Afghanistan. Among the most prominent women to have been assassinated are; Malali Kakar, a senior police officer in Kandahar; Sitara Achakzai, a provincial council member in Kandahar; Zakia Zaki who ran a radio station in Jabal-e Saraj, an hour north of Kabul; and Shakia Sanga Amaj, a newsreader at a Kabul TV station. Countless others have been silenced by threats and fear, opting to censor themselves rather than put their lives and families at risk.

The UN's Assistance Mission in Afghanistan (UNAMA) and the Office of the UN High Commissioner for Human Rights (OHCHR), in the joint report, acknowledge for the first time the real and growing threat to Afghan women. Norah Niland, the head of UNAMA's human rights unit told EurasiaNet that the report was "trying to shine a light on the problem." A past verbal commitment needs to be followed by "real investment [and] practical measures to improve the protection of women," she said.

The "Silence in Violence" report demonstrates that the problems faced by women in Afghanistan are not rooted in cultural nuances, but constitute basic breaches of the right to life, liberty and basic protection.

In an interview with EurasiaNet, Dr. Sima Samar, the chairperson of the Afghan Independent Human Rights Commission, offered explanations as to why the violence-against-women issue has not received sufficient international attention. A major reason, she explained, was that the perception of cultural differences made Western experts and officials skittish about commenting on Afghan practices. Another reason, according to Samar, was the argument that it was more important to "have security rather than human rights. This is an absolutely wrong concept since you need human rights for sustainable peace."

Apart from the UN, there has also been some change in the perspective of other international actors, most notably the United States. While the Bush Administration seemed focused solely on promoting success stories, the Obama administration's approach has been more nuanced. Following a recent visit to Afghanistan, the US Ambassador at Large for Global Women's Issues, Melanne Verveer said, "there is progress in some areas, but not in others. Security remains a paramount challenge. Violence against women and girls is endemic and much remains to be done, including access to institutions of justice, civil education and prosecution of the crimes."

The new UN report states that the pattern of violence against women operating in the public sphere sends a strong message to all women to stay at home. The report states that sexual violence against Afghan women "is an everyday problem in all parts of the country" and a "human rights problem of profound proportions." Moreover, "women and girls are at risk of rape in their homes and in their communities, in detention facilities, and as a result of traditional harmful practices to resolve feuds within the family or community."

The report found that awareness of the criminal nature of the act of rape is very limited. In some areas, rapists are, or have links to, powerful individuals, and are thus protected from prosecution and arrest. Currently, Afghanistan's criminal justice system, based on the 1976 Afghan Penal Code does not have any specific provisions for the crime of rape. Rape is tried in the court under the provision of 'Zina,' defined as adultery or any sex outside marriage. It is up to the female victim to prove she did not consent. A new law is currently being drafted, but women's rights activists fear it may not reflect all their concerns, due to pressure from powerful conservative elements in society, the government, and the judiciary to limit the draft legislation's scope.