Tuesday, August 20, 2019
Development of Womens Rights in Afghanistan
Development of Womens Rights in Afghanistan Progress, Stagnation and Regression A lot needs to be done before the equality of political rhetoric becomes an everyday reality forà women in Afghanistan (Amnesty International UK, 2013). Since the disempowerment of the Taliban, the status of womenââ¬â¢s rights has seenà progress, stagnation and even regression. The Bonn Agreement of December 2001, endorsedà the establishment of a ââ¬Å"gender-sensitiveâ⬠government and laid the groundwork for theà Ministry of Womenââ¬â¢s Affairs. In addition to MOWA, the Afghan government also created theà Office of the State Minister for Women and set up a Gender Advisory Group (Sarabi, 2003:à 3). Moreover, the Bonn conference endorsed the establishment of the Afghanistanà Independent Human Rights Commission which is, amongst others, responsible for theà advancement of womenââ¬â¢s rights. Over the years the Afghan government continued its efforts to promote womenââ¬â¢sà rights by adopting its Constitution on January 4, 2004, that incorporates the principle ofà equality in article 22 as well as a guaranteed quota for women in the bicameral Nationalà Assembly in article 83 and article 84 (Ballington; Dahlerup, 2006: 253). On October 1st, 2004,à after years of political oppression, women voted in the first democratic elections; over the lastà years, women held 27-28 percent of parliamentary seats in the Wolesi Jirga (The World Bank,à 2013). These positive developments, however, are not secure. For example, the latest electoralà law has reduced the quota of guaranteed seats for women in provincial assemblies from aà quarter to a fifth (International Crisis Group, 2013: ii). Furthermore, it is often criticized byà feminists from within and outside of Afghanistan that those women who hold a politicalà mandate are only there to symbolize the Western su ccess, and simultaneously support withà their presence the Western imperialist as well as the Afghan patriarchal oppression, but in factà have no say in politics (Franks, 2003: 148; Wajika, 2008: 140). An example for this claim isà the report of Malalai Joya, a former assembly women, who was pelted with water bottles byà other male assembly men and threatened by ââ¬Å"Rape her!â⬠calls (Ihlau; Koelbl, 2009: 253)à while delivering a speech in parliament. Another issue is the serious discrepancy between theory and practice, between wordsà and signatures on paper and effective actions to implement signed conventions and approvedà laws. The Afghan government ratified the United Nations Convention on the Elimination ofà all Forms of Discrimination against Women in 2003, and adopted the Elimination of Violenceà Against Women Law in 2009, what can be described as positive developments. However,à often not all adopted laws are known by judges, prosecutors and lawyers, nor are they alwaysà agreed to, and therefore are not applied. Furthermore, that conservative members ofà parliament oppose, for example, the EVAW law, calling it ââ¬Å"un-Islamicâ⬠(International Crisisà Group, 2013: ii), is an example of the fundamental incompatibility of article 22 and article 7à (compliance to the UN Charter, inter-state agreements, international treaties to whichà Afghanistan has joined, and the Universal Declaration of Human Rig hts) with article 3 (noà law shall contravene the tenets and provisions of the holy religion of Islam) of the Afghanà Constitution. The interpretation of what counts as ââ¬Å"un-Islamicâ⬠differs immensely inà Afghanistan. That girls and women now have the right to education and to employment is also aà very positive development. However, statistics show that the proportion of girls who go toà school and university is not only lower than that of boys, but declines with every level ofà higher education; less than one in five women in Afghanistan is literate (CSO; UNICEF,à 2012: 110). Also the female labor participation rate did not significantly increase over the lastà ten years (World Bank, 2014). But with the historical background of womenââ¬â¢s rightsà violations under the Taliban regime as well as the decades of war in mind, no one can expectà women to suddenly break out of the traditional role allocation between men and women inà Afghanistan. Furthermore, it needs to be pointed out that not all Afghans support theà emancipation of girls and women. Girlsââ¬â¢ schools are burned down as a symbol for the fightà between tradition and change (Brieger, 2005: 134). There is a com mon use of ââ¬Å"night lettersâ⬠ââ¬â messages of insurgents groups to threat women and girls who go to school or to work, leaveà their homes, speak to non-family men, or call radio stations with music requests (ACUNS,à 2013: 108). Last year, UN Women condemned the increasing intimidation and targetedà killings of Afghan female government officials and public figures and called for justice (UNà Women, 2013). Moreover, it has to be mentioned, that in 2011 Afghanistan was named ââ¬Å"theà most dangerous country for a women to live inâ⬠, because of high levels of violence, poorà healthcare and poverty (BBC, 2011). Especially domestic violence against women is aà problem that has become a regular feature of almost all households, and that shapes everyà aspect of womenââ¬â¢s and girlsââ¬â¢ lives ââ¬â their health, their livelihoods, their access to social andà cultural resources, and their educational opportunities (Global Rights Partners for J ustice,à 2008: 1). Besides, many cases are not reported to the police nor prosecuted. The continuingà practice of child marriages and forced marriages is one of those forms of violence againstà women and girls. Although getting reliable data is difficult, it is estimated that 60-80 per centà of all marriages in Afghanistan are forced (UNFPA, 2012). All in all it can be said that there are improvements of the situation of women and girlsà in Afghanistan. However, the level of progress differs between the regions of the country,à urban and rural areas, and between those districts where ISAF troops are present and thoseà where they are not. In a country where the emancipation of women has always been aà controversial issue (there have been multiple efforts to establish womenââ¬â¢s rights inà Afghanistan from above in the past one hundred years ââ¬â see AmÃâà nullÃâà h KhÃâà n, Mohammedà Zahir Shah, Sardar Mohammed Daoud Khan, or the PDPA) a change of the status of womenà in society is a long-term process. After thirteen years of intervention in Afghanistan, the ICà has to recognize that fact and has to admit that a lot of mistakes were made. In their articleà Schwere strategische Fehler des Westens, Mariam Notten and Ute Scheub cited the survey ofà the Afghan author Lina Abirafeh about the counterproductive gender-strategy of the West. Abirafeh criticizes different circumstances that led to the partial failure of Western attempts toà establish gender equality in Afghanistan. Amongst others, she mentions the fact that manyà Afghan women feel like their own wishes of a self-determined life are not heard by the IC,à but rather ignored. The stigmatization of Afghan women as victims and not as active membersà of the Afghan society is considered to be problematic. The result of this treatment is that thereà is resistance against the Western efforts to enhance womenââ¬â¢s rights in Afghanistan (Notten;à Scheub, 2009: 34). The IC has to recognize that it is not only necessary to establish a legalà framework for the implementation of womenââ¬â¢s rights, but that the volition to actually live in aà community where men and women are equal has to come from within society. Therefore it isà important, for instance, to support NGOs in their grass-roots work. Also in the future.
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