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Justice for Abused Afghan Women Still Elusive, U.N. Report Says Afghan Effort To Get Justice For Women Seems to Stall
(about 5 hours later)
KABUL, Afghanistan — Despite years of intensive effort by Afghan and international rights advocates, progress in obtaining justice for abused women in Afghanistan appeared to have stalled, according to a report released on Sunday by the United Nations. KABUL, Afghanistan — Despite years of intensive effort by Afghan and international rights advocates, progress in obtaining justice for abused women in Afghanistan appeared to have stalled, according to a report released Sunday by the United Nations.
The report, on the implementation of the 2009 Elimination of Violence Against Women law, found that although the number of official reports this year by the police and prosecutors on violence against women rose by 28 percent from the previous year, actual prosecutions did not remotely keep pace, rising by just 2 percent.The report, on the implementation of the 2009 Elimination of Violence Against Women law, found that although the number of official reports this year by the police and prosecutors on violence against women rose by 28 percent from the previous year, actual prosecutions did not remotely keep pace, rising by just 2 percent.
At the same time, there are intensifying fears that the continuing withdrawal of international money and staff members ahead of the 2014 Western troop pullout deadline will leave women particularly vulnerable, after a decade of international attention made little headway in curbing some deeply entrenched and abusive Afghan traditions.At the same time, there are intensifying fears that the continuing withdrawal of international money and staff members ahead of the 2014 Western troop pullout deadline will leave women particularly vulnerable, after a decade of international attention made little headway in curbing some deeply entrenched and abusive Afghan traditions.
“With the drawdown in international assistance and support, there is a real risk that any advances in women’s rights will erode, and there’s already disturbing signs of that,” said Georgette Gagnon, the head of the United Nation’s Human Rights division here, who led the team that put together the report. “With the drawdown in international assistance and support, there is a real risk that any advances in women’s rights will erode, and there’s already disturbing signs of that,” said Georgette Gagnon, the head of the United Nation’s human rights division here, who led the team that put together the report.
As an example, Ms. Gagnon said, the lack of ability to bring abusers to justice was likely to increase “the risk of more child marriages, more forced marriages and violence against women with impunity.” As an example, Ms. Gagnon said, the lack of an ability to bring abusers to justice was likely to increase “the risk of more child marriages, more forced marriages and violence against women with impunity.”
The backsliding has already begun, in fact. Over the past year, there have been repeated efforts in Parliament to reduce women’s rights.The backsliding has already begun, in fact. Over the past year, there have been repeated efforts in Parliament to reduce women’s rights.
One new restriction in particular is likely to hurt: Parliament prohibited the use of relatives’ testimony in criminal cases, greatly limiting the ability to prosecute domestic violence cases, as they often hinge on family members as witnesses.One new restriction in particular is likely to hurt: Parliament prohibited the use of relatives’ testimony in criminal cases, greatly limiting the ability to prosecute domestic violence cases, as they often hinge on family members as witnesses.
There was also an effort to codify the Elimination of Violence Against Women law, which was approved as a decree by President Hamid Karzai in 2009 but has not been passed by Parliament.There was also an effort to codify the Elimination of Violence Against Women law, which was approved as a decree by President Hamid Karzai in 2009 but has not been passed by Parliament.
The law criminalizes domestic violence and other harmful practices, including beatings, child marriages, forced marriages, the practice of giving away a woman or girl to settle a dispute, and forced self-immolation. The law criminalizes domestic violence and other harmful practices, including beatings, child marriages, forced marriages, the practice of giving away a woman or girl to settle a dispute and forced self-immolation.
But the effort to pass the law through Parliament last summer nearly unraveled it altogether, as conservatives seized the opportunity to declare many of its provisions “un-Islamic,” including the prohibition on child marriages, forced marriages and unrestricted rights to education and women’s shelters. The Parliament speaker stopped the debate and sent it back to committee.But the effort to pass the law through Parliament last summer nearly unraveled it altogether, as conservatives seized the opportunity to declare many of its provisions “un-Islamic,” including the prohibition on child marriages, forced marriages and unrestricted rights to education and women’s shelters. The Parliament speaker stopped the debate and sent it back to committee.
Parliament was successful, however, in reducing the quota of seats for female parliamentarians to 20 percent, down from 25, and eliminated any quota at the district level. The quotas for women used to pertain to all levels of government. Parliament was successful, however, in reducing the quota of seats for female members of Parliament to 20 percent, down from 25 percent, and eliminated any quota at the district level. The quotas for women used to pertain to all levels of government.
Hasina Safi, the head of the Afghan Women’s Network, said her organization had been studying child and forced marriages and concluded that they are directly linked to violence against women. Ms. Safi and other women’s advocates, as well as Ms. Gagnon, fear an increase in such marriages as the economy worsens and families turn more frequently to selling their daughters. Hasina Safi, the executive director of the Afghan Women’s Network, said her organization had been studying child and forced marriages and concluded that they were directly linked to violence against women. Ms. Safi and other women’s rights advocates, as well as Ms. Gagnon, fear an increase in such marriages as the economy worsens and families turn more frequently to selling their daughters.
Analysts took one bit of solace from the study: the increase in the number of complaints appeared to signal at least some rising consciousness among women of their rights and greater willingness to come forward and seek justice. Analysts took one bit of solace from the study: The increase in the number of complaints appeared to signal at least some rising awareness among women of their rights and a greater willingness to come forward and seek justice.
However, tempering that was the reality that many more complaints are received by the Ministry of Women’s Affairs and the Afghan Independent Human Rights Commission than are ever brought to the police. In 15 of the 16 provinces surveyed, more than 1,000 complaints were received by provincial offices of the Women’s Ministry, but only 650 complaints were registered with the police or prosecutors. However, tempering that was the reality that many more complaints were received by the Ministry of Women’s Affairs and the Afghan Independent Human Rights Commission than were ever brought to the police. In 15 of the 16 provinces surveyed, more than 1,000 complaints were received by provincial offices of the Women’s Ministry, but only 650 complaints were registered with the police or prosecutors.
In the narrower context of the law and the prosecution of abuse, the United Nations report found that in the past year, most cases were settled by mediation, often carried out by the police, which human rights advocates said meant women were often sent back into the family circumstances in which they were abused. In the narrower context of the law and the prosecution of abuse, the United Nations report found that in the past year, most cases were settled by mediation, which human rights advocates said meant women were often sent back into the family circumstances in which they were abused.
Based on examination of cases in 16 provinces (the United Nations said Afghanistan’s other 18 provinces did not provide enough information), few prosecutors were even using the Elimination of Violence law as a basis for indictments. The law was reported to have been used in only 17 percent of cases, 109 out of 650 registered episodes in those provinces in 2013. Based on examination of cases in 16 provinces (the United Nations said Afghanistan’s other 18 provinces did not provide enough information), few prosecutors were even using the Elimination of Violence law as a basis for indictments. The law was reported to have been used in only 17 percent of cases, 109 out of 650 registered episodes in those provinces this year.
Worse, despite the uptick in reports under the Elimination of Violence law, the overall number of criminal indictments filed by prosecutors under all the applicable criminal laws actually decreased this year. Some prosecutors prefer to use other criminal laws than the Elimination of Violence law in cases of abuse, and the United Nations report attempted to survey all cases that involved violence against women in evaluating the justice system’s approach to abused women. Worse, despite the rise in reports under the Elimination of Violence law, the overall number of criminal indictments filed by prosecutors under all the applicable criminal laws actually decreased this year. Some prosecutors prefer to use other criminal laws than the Elimination of Violence law in cases of abuse.