Women’s Rights in Afghanistan: Report from mission to Afghanistan
Mission: September 2002
Ariane Brunet and Isabelle Solon Helal, Rights and Democracy, 6 December 2002

Table of Contents

Introduction
1. Social and Political Context from a Gender Perspective
* The Reconstruction of Afghanistan: A Model in the New Political Order?
* What are the Consequences of the New Security Agenda and the Militarization of Aid in Afghanistan?
* Given the Current Situation, Is it Realistic to Expect Implementation of Security Council Resolution 1325?

2. Gender Assessment of the Local, International NGOs, Multilateral Agencies and the Afghan Government
* The Human Rights Commission
* The Ministry of Women’s Affairs (MOWA)
* UNIFEM, Gender Advisors of UNAMA and International Donor Agencies
* International and Local Afghan NGOs

3. Women’s Rights in Afghanistan
* Women’s Security
* Women and the Law
* Participation of Women in Civil Society
* Indivisibility and Interdependence of Women’s Economic, Social, Cultural, Civil and Political Rights in the Afghan Context
* Employment
* Health
* Education

4. The Afghan Women's Rights Fund
* Mandate and Project Funding Priorities
* Lobbying Priorities
* Structure of the Afghan Women's Rights Fund

5. The Family Law and Constitution Project
* Constitutional Process
* The Experience of Afghan Women Jurists
* Proposal by Rights and Democracy and WLUML

Conclusion

Main Recommendations:

* Regarding Humanitarian Assistance
* Regarding Peacekeeping, Peacebuilding and Reconstruction
* Regarding Women's Rights
* Women and the Law
* Women's Health
* Women's Education
* To the International Community Regarding Women's Rights

Endnotes
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Throughout the world, the reconstruction of Afghanistan is seen as a litmus test for whether the universal values of human rights and development will help define the parameters of global security, or whether the narrow military interests of powerful States will predominate. 1

Introduction

The reduction of women’s human rights abuses in conflict situations, as well the necessity to end impunity for crimes against women and to ensure government accountability for the implementation of international human rights and humanitarian laws, have led Rights & Democracy, since 1998, to support partners working on women’s rights in Afghanistan. In late 2001, in the new military context following the fall of the Taliban, the importance of supporting women’s rights initiatives took on a new and urgent dimension: it became essential not only to support Afghan women’s rights projects but also to support women’s full participation and full involvement in all efforts for the maintenance and promotion of peace and security.

In this vein, Rights & Democracy accepted and received funding from the Canadian International Development Agency (CIDA) in order to support women’s rights and peacebuilding initiatives in Afghanistan. The funding was part of Canada’s 100 million dollar commitment to support the reconstruction of Afghanistan. Rights & Democracy created the Afghan Women’s Rights Fund and set-up structures to enable the funding of Afghan women’s rights initiatives and the facilitation of international lobbying strategies with women’s human rights networks.

In September 2002, Rights & Democracy 2 traveled to Kabul, Afghanistan on a women’s rights mission. The purpose of the mission to Afghanistan was to determine the funding priorities as well as develop policies and lobbying strategies for the Afghan Women’s Rights Fund based on Rights & Democracy’s assessment, from a gender perspective, of the human rights and political situation of the country.

This report is the result of interviews conducted in Afghanistan as well as follow up research and interviews. 3

The first section presents an analysis of the social and political context in Afghanistan from a gender perspective. The second undertakes a gender assessment of the policies and programmes of the local and international NGOs as well as those of the multilateral agencies and of the Afghan government. The third includes an analysis of the women’s rights situation in Afghanistan. The fourth section presents the recommended priorities and structure for the Afghan Women’s Rights Fund. Finally, the report discusses the Afghan constitutional law process and explains the joint project of Rights & Democracy and Women Living Under Muslim Laws on the engendering of the Constitution in Afghanistan.

1. Social and Political Context from a Gender Perspective

The Reconstruction of Afghanistan: A Model in the New Political Order?

In order to fully recognize women’s rights and ensure a realistic mainstreaming of gender in Afghanistan, it is paramount to address the social-political context of the conflict and current situation in Afghanistan.

As Barnett R. Rubin highlights in his report 4, the conflict in Afghanistan “forms the core of a regional conflict formation, including the continuing challenges in Tajikistan, the growing conflict led by the Islamic Movement of Uzbekistan involving several States, processes of political decay in Pakistan, challenges to political order in Iran, and the insurgency in Kashmir. It is linked to long-distance organized crime through both the drug trade and smuggling originating in Dubai.” United States-led military action in Afghanistan added the “war on terrorism” to this maelstrom and security concerns have given a political dimension to humanitarian assistance. As an example, United States (US) donors sought to use humanitarian assistance to exert leverage over the conflict by withholding assistance in 1998-2001.

The bulk of international humanitarian assistance is spent responding to conflict-related crises as 1999-2000 OECD/DAC data demonstrates. With the first ‘humanitarian war’ 5 in 1999 in Kosovo the politically motivated use of humanitarian work in relation to military intervention has continued to be highly controversial. What this means is that humanitarian assistance is now used in different contexts for different reasons. The decision to go to war with “humanitarian aims” as was done in Kosovo enabled NATO to continue to reshape its legitimacy within the new world order. In Afghanistan, the humanitarian assistance role is different. At first, non governmental organizations (NGOs) initiated humanitarian intervention during the 1980s when no one else was on the ground. NGOs dealt solely with the beneficiaries and the factions at war. Even then, some warlords regarded the dispensing of humanitarian aid by NGOs as an instrument for reinforcing their own local power bases. There is ample evidence in the case of Afghanistan that NGOs were neither neutral nor equitable and many justified their support to the resistance because of the atrocities perpetrated by the Soviets. 6 However, since the war against the Talibans and Al Qaeda, new goals and new forms of humanitarian assistance have come into play. The blending of humanitarian missions with military activity in Afghanistan has become a real dilemma for aid workers, beneficiaries of aid and NGOs alike. The parachuting of food by American planes while bombing strongholds of Al Qaeda sent a confusing message to the Afghan population.

In this new political order it is also worth noting that, according to the OECD, aid now plays a role in conflict reduction. Bilateral assistance has a much greater impact than multilateral assistance, especially in the humanitarian field. 7 This has created an increase in support for NGOs but it has also meant that NGOs’ agendas are often donor-driven and that too often core funding is not considered. The politicization and militarization of humanitarian assistance is particularly problematic in the context of Afghanistan and this trend particularly affects the capacity of multilateral agencies, international non- governmental organizations (INGOs) and local NGOs to encourage gender mainstreaming. Furthermore, without donors funding the State apparatus, especially the civil service, there is little chance for the emerging civil society and the government to engage in a dialogue that fosters democratic development, let alone democratic development from a gender perspective. Funding has to be coordinated in order for civil society and the State to mutually reinforce the democratization process. This observation does not take into consideration the potential lack of trust within the donor community for the existing interim government. This lack of trust is reflected in unfulfilled financial pledges made at the January 2002 Tokyo Donor Conference. The lack of trust is also shared by the population and many agreed with Dr. Sima Samar’s view during the Loya Jirga when she stated that the process to elect key positions within the government was undemocratic. Notwithstanding this situation, at this stage most Afghans are seizing this window of opportunity to rebuild their country.

What are the Consequences of the New Security Agenda and the Militarization of Aid in Afghanistan?

The new security agenda and the militarization of aid contradict the basic principles of humanitarian assistance: impartiality and neutrality. In turn, this affects how Afghan people perceive the presence of the international community on the ground. As many observers have stated, emergency needs are still taking precedence over reconstruction; 8 yet, many Afghan NGOs state that actual reconstruction work might be the only hope they have for peace. As for women who have mostly been identified as victims in the Afghan wars, reconstruction can be the road towards citizenry provided that funders facilitate networking by women’s organizations to challenge the traditional views about their capacity for governance and capacity building. Ensuring the visibility of women’s organizational capacity during the wars and the Taliban regime might also be needed in order to transform social relations. 9

During the mission to Afghanistan, the issue of “the dangers of blending military and humanitarian missions” 10 was on the mind of many. Aside from all that has already been said by humanitarian NGOs 11 on this subject, it is important to note that in Afghanistan this practice has left the population in a state of fear which contradicts the objective of linking humanitarian assistance with human security objectives. This practice also leaves little hope of integrating women in decision-making processes regarding the type of aid and its delivery. The sub-contracting by donor countries of humanitarian work to ‘non-traditional’ providers has created a growing discomfort among humanitarian NGOs and beneficiaries. As Edward Girardet states “involving soldiers in humanitarian actions range from improving public relations and making effective use of the military’s impressive logistical capabilities to the gathering of intelligence”. 12 This affects the relations of aid workers with the local population and can lead to inconsistent quality of assistance. The lack of coordination among the varied actors by-passes the local capacities which in turn can lead to political manipulation.

Humanitarian assistance in Afghanistan seems to involve a diversity of actors ranging from governmental departments, local public authorities, multilateral agencies, the Red Cross movement, national and international NGOs, grassroots organizations, military contingents and warlord factions. There is a sense of permanency to the system and there seems to be an absence of research on determining how 23 years of humanitarian assistance can develop into sustainable development. Local NGOs view this situation as normal given the circumstances; however, one needs to consider this situation as part of the politico-military response to the new security agenda, espoused by regional powers and the US, to maintain Afghanistan in an externally-controlled stability. In this scenario, humanitarian assistance has become a tool for global governance in States that are either barely in existence or non-existent. 13 And in those non-sovereign States are the international human rights instruments still viable tools for justice and reconciliation? Brahimi in the 2000 Report of the Panel on United Nations Peace Operations 14 proposed that United Nations (UN) humanitarian operations be placed under political leadership, bringing together political, military and humanitarian assistance with the view of unifying and coordinating those resources to build peace. However, different scenarios can be construed and debates are much needed here. 15

It is telling how humanitarian assistance in conflict-related crises has taken a far bigger role within the new security agenda. The many humanitarian accountability Web sites now in existence reveal how important this issue has become for all involved including the conflict-affected populations and aid workers. In Afghanistan and within the Central Asian region, how this issue is addressed contributes to conflict management and the future of peace in the region. War does not allow for accountability. Corruption, warlordism, drug trafficking, prostitution rings, sex trafficking and smuggling add to the difficulty in ensuring accountability. And there is no accountability whatsoever at this stage for violations of women’s human rights. Women’s rights have been brought to the forefront by political leaders who have learned to use the women’s human rights discourse to justify their military interventions. 16

When considering the reconstruction of Afghanistan, what else comes to mind besides humanitarian assistance? Very little. In the 12 days spent in Kabul, there were no cranes in the landscape nor were there construction sites. Reconstruction in Afghanistan is at best illusory. As other missions to Kabul have noted, women are critical of aid agencies and INGOs, exasperated with seeing ex-patriates living in newly renovated homes that in turn create high rental and electricity rates and who greatly contribute to the city’s pollution with the increase of vehicles. On the Web site of the Afghanistan Information Management Service (AIMS), a project of the United Nations Assistance Mission for Afghanistan (UNAMA), administered by the United Nations Development Programme (UNDP), there are approximately 800 NGOs located in Afghanistan, of which around half are located in Kabul. On average there are around 40 to 500 employees and likely more than half of which are nationals. This gives us a fairly accurate idea of the number of expatriates in Afghanistan. On this same Web site, 17 one can find information on the reconstruction in the key note addresses and conference papers of a conference held November 27-29, 2001. Without adequate housing, it is no wonder the UN announced a $12.5 million plan to help vulnerable Afghans this winter. Yet again, emergency relief and humanitarian assistance remain the main concerns of the donor community.

Given the Current Situation, Is it Realistic to Expect Implementation of Security Council Resolution 1325?

When Rights & Democracy hired its Project Coordinator to head its office in Kabul, in September 2002, it was the first international NGO to have hired an Afghan woman to be its representative in Kabul. This is a sad observation. If within the international community, Afghan women are only perceived as victims and not given visibility as active agents playing key roles in informal peace processes, lobbying for demilitarization and disarmament, there is little chance for implementation of Resolution 1325 in Afghanistan.

During its mission, Rights & Democracy learned of the establishment of a Gender Network within the international community present in Kabul. This is an excellent initiative and it is hoped that this network will see the importance of establishing regular contacts with women’s groups and will foster local, national and regional networking.

Excellent studies have been published on women, peace and security. 18 Resolution 1325 is an important tool but its implementation in Afghanistan is a long way off. As the militarization of aid leaves little hope for human security from a gender perspective, the total lack of women’s human rights education, training on leadership skills, advocacy, capacity building and networking does not allow women’s participation in and ownership of the reconstruction processes and the negotiation of peace. Other factors that are not conducive to the implementation of Resolution 1325 in Afghanistan include: an environment where warlords are still compensated for their participation in the US-led war against terrorism, where the Taliban decrees that deny women’s rights are still being enforced in many parts of the country, and where fear of violence and sexual harassment drive women away from public spaces.

The international community, NGOs and parliamentarians everywhere must unite to lobby for demilitarization, disarmament, an end to warlordism and decentralized security. This is the bare minimum condition for women’s active and visible participation to social change, peace and reconstruction.

2. Gender Assessment of the Local, International NGOs, Multilateral Agencies and the Afghan Government

In many of the discussions in Kabul, Rights & Democracy found that women and men are well aware that they will continue living for some time to come in a series of low level conflicts that, as Mary Kaldor observes cannot be won. 19 Their hopes lie in the capacity to introduce the rule of law, the application of humanitarian and human rights law and, not too far down the road, an appropriate transitional justice system capable of dealing effectively “with all forms of violence against women in conflict and post-conflict situations.” 20

The Human Rights Commission

Again, amelioration of the human rights situation is unlikely to occur without resolving the issue of insecurity, banditry and warlordism. As stated by Brahimi at his briefing of the Security Council last October 30th: “despite gradual progress, the human rights situation remained worrisome in many respects, caused by, among other things, lack of security and weakness of the central Government, warlordism, factional conflicts and a very basic and dysfunctional justice system. The situation of women continued to be a matter of concern in many parts of the country.”

The establishment of the Human Rights Commission headed by Dr. Sima Samar, although controversial, 21 brings under the same roof instruments to fight the major crimes committed in today’s war: violations of the human rights of the civilian population. In its Programme of work the Afghan Human Rights Commission proposes the setting up of a women’s rights unit, a human rights education unit, a transitional justice unit, a monitoring and investigation unit, a conflict resolution, mediation and conciliation unit. Dr. Samar has taken the road again requesting support and financial resources in order to start working. Kamal Hossain, Special Rapporteur on Afghanistan at the United Nations Human Rights Commission, has joined Dr. Samar in this cry for help. He stated November 6 in New York: “If you are to support the programme for change from a devastated economy, from a society in which people have been deprived of their rights, security of persons, security of life, women's rights – if you are to restore those rights, there have to be resources made available."

In its meeting with three of the commissioners, Rights & Democracy sensed that the commissioners were not yet very comfortable with their new role and that much more capacity building needed to occur.

Observations:
* Need for staff to be trained in popular education methods to teach human rights standards;
* Need to create popular education tools within the Afghan context for a human rights public campaign;
* Need for a long-term stay of a trainer from the UN Office of the High Commissioner in Afghanistan;
* Need to connect the Human Rights Commission with other national institutions within the region, or from the Muslim world and/or with similar histories (Indonesia, East Timor);
* Need to staff the Commission with an expert on gender integration and women’s human rights.

The Ministry of Women’s Affairs (MOWA)

Within the Ministry of Women’s Affairs’ Programme Plan dated September 19, 2002, legal counselling, awareness-raising on women’s human rights, health and reproductive health education through family planning programmes figure prominently. The Ministry assisted by UNIFEM also intends to set up provincial women's centres which will provide space for women to gather and receive counselling, life skills training, non-formal education and facilitate other services for women; supporting women's access to employment and livelihood opportunities, in particular the internally displaced and returnee refugee women; supporting women's participation in governance and decision making processes from community to high government levels; supporting the gender sensitization of the media; promoting women's human rights and supporting an end to violence against women.

In meeting with the Minister we understood that one of her priorities in the coming months would be the constitutional process and establishing women’s centres in the provinces. Training of MOWA staff and the creation of a Gender Programme Group to coordinate programmes with other ministries, national NGOs and multilateral agencies are among the priorities of the Minister.

While at the Ministry, we were told that USAID had funded a documentation and communication room at the Ministry for the benefit of any women wishing to use the facility equipped with books, computers, DVDs, videos, etc. We did not see any women walking in from the street to use this facility. The presence of a military checkpoint, a compulsory body search and men with guns inside the building are certainly not conducive to women coming to the ministry in order to use the facility. Furthermore, it is questionable whether such a space should be considered a priority at this point.

Observations:
* Need to increase financial support for the Ministry;
* Need for capacity building and training of staff;
* Need to establish an NGO liaison officer;
* Need adequate funding to ensure that the Ministry can translate and distribute international women’s human rights instruments such as the Beijing Platform for Action, the Security Council Resolution 1325, the Declaration on Violence Against Women, the Convention on the Elimination of Discrimination Against Women (CEDAW), etc;
* Need to establish linkages with other women’s ministries within the region;
* Need to establish a database on the expertise of women and women’s groups;
* Need for further linkages between the Ministry and the international donor community’s Kabul-based Gender Network for long-term development;
* All important reports relating to women in Afghanistan must be translated and deposited at the documentation centre of the Ministry and the regional centres.

UNIFEM, Gender Advisors of UNAMA and International Donor Agencies

Under the auspices of the Gender Unit of UNAMA, a Kabul-based Gender Network within the international donor community was created. Within most international donor agencies there is excellent expertise in Afghanistan on gender and peacebuilding, gender mainstreaming, women’s human rights and capacity-building. Unfortunately, there is no monitoring process to assess progress made and ensure that coordination allows for an effective analysis of how the funds disbursed have benefited women. It is hoped that the gender advisors will use the Gender Network to establish common priorities, shared responsibilities and advocacy strategies.

Since programme coordination is one of the concerns of the Gender Network, a joint report could help map out the gap between commitment to the realization of women’s rights and implementation procedures. In addition, these joint reports could also bridge the gap between the aid pledges and the actual financial or other contributions. Information is key to influence the political agenda and gender advisors must seize the opportunity to influence the process through the provision of accurate and comprehensive information related to gender issues.

In particular, it would be extremely useful for INGOs with staff on the ground to be informed by the Gender Network of any gender needs assessment in order to enable institutions such as Rights & Democracy to better inform Canadian NGOs and parliamentarians of the types of pressure needed to move a particular issue.

Observations:
* Need to support the hiring of Afghan women or Afghan women returnees into INGOs and donor agencies at decision-making levels;
* Need for sustained coordination and agreement for shared responsibilities and advocacy strategies;
* Need for joint reporting on commitments to women’s rights and implementation procedures and progress;
* Need to establish regular meetings between the Gender Network and Afghan women’s groups based on a common agenda and where translation is readily available;
* Need to ensure translation and distribution of all public reports, documents and guidelines stemming from members of the donors community;
* Need for occasional tripartite meetings between the NGO community, the donors agencies and the transitional government on implementation;
* Need to set up a security chart enabling INGOs and local NGOs to be briefed of the overall security situation for women in and outside of Kabul to facilitate lobbying work on disarmament and demilitarization;
* Need to encourage future networking on a national and regional basis within Central Asia (fostering linkages with women’s movements from Pakistan, Iran,
Tajikistan, Uzbekistan, Turkmenistan).

International and Local Afghan NGOs

It is impossible to convey on paper our immense respect and admiration for the work, resilience and outstanding courage of the Afghan women we met during our trip to Kabul. Their commitment to women’s rights and the welfare of their community, the face of war, fundamentalisms, and patriarchal values serves as an example for us all in the international community.

In Afghanistan, generally, NGOs began operating when the government support structure mechanism collapsed due to war. The Afghan NGOs filled the gap of public services that were not being provided, in particular in the areas of education, healthcare and income generation. While some NGOs and individual women remained in Afghanistan throughout the war and even during the period of Taliban rule, many NGOs moved to Pakistan or neighbouring countries, where they were able to serve the large Afghan refugee population.

Many of the NGOs that established their offices in Pakistan are now in the process of returning to Afghanistan. Some, such as Shuhada and the Afghan Women’s Council have offices in both countries.

Most Afghan NGOs work in the area of women’s education, healthcare and/or income generation: PARSA, Shuhada, HAWCA. Overall, fewer NGOs work in women’s rights advocacy and capacity-building: The Afghan Women’s Network, The Afghanistan Women’s Council (AWC), The Afghan Women’s Education Centre (AWEC), Shuhada. Representatives of women’s NGOs explained that insecurity, war and restrictions on women’s freedom of expression can explain the fewer number of NGOs working on women’s rights advocacy in Afghanistan. They also expressed a need to be trained on women’s human rights issues, networking and advocacy.
It is important that Rights & Democracy work within the overall NGO community and be aware of how the emerging civil society of Afghanistan takes into consideration the nascent women’s movement; as well as how security issues, human rights groups, humanitarian assistance, food aid programmes, environmental issues, the business sector, the rural development sector, the traditional religious community services, the health sector, the educational sector, the youth organizations, the cultural milieu and the media include the voice of women and how women themselves are informed by these areas of concern.
Since Afghan women experienced gender apartheid, having lost all contact with men except for their immediate family, Afghan society as a whole has much to gain by women re-entering into a dialogue with the various sectors of Afghan society. INGOs involved in these various sectors have to make sure that their own hierarchical structure takes into account women’s participation in decision-making processes.

Taking into consideration lessons learned in other war torn areas, it is important to acknowledge the feeling by local groups that their varied expertise is taken into account only to fund projects funnelled through INGOs. These types of grants that do not feed back into the local groups’ work should be avoided. 22
An open and inclusive process needs to be set in place to avoid frustration felt by local NGOs, which have worked with rural women, over the tendency to offer rural communities limited short-term “choices” such as sewing, weaving, English lessons, without consideration of further developmental options, or listening to their needs, as voiced by the women themselves. 23

INGOs should also fight the belief that women are victims and, therefore, recipients of aid and assistance rather than active partners in the reconstruction process. 24

The representatives of the Afghan women’s rights NGOs whom we met complained of a lack of commitment by the international community in responding to Afghan women’s priorities. They expressed frustration about the numerous recent international visitors they receive who obtain information about the situation and needs of Afghan women, but are then never heard from again.

From the perspective of women’s groups what are the major women’s human rights violations in Afghanistan currently? What are the obstacles to peace from a gender perspective? What are the important strategic issues for women in Afghanistan?

3. Women’s Rights in Afghanistan

The first question one asks when setting foot on the dusty streets of Kabul is: Where are the women? Public space in Afghanistan is largely controlled and defined by men and this divide is evident at first glance, even in Kabul, contrary to claims that the departure of the Taliban from power has freed Afghan women.
The analysis of the women’s rights situation in Afghanistan is complex and requires an in depth analysis using a gender-sensitive methodology that is adapted to the specific economic, social, cultural and political context of the country.

Women’s Security

Afghan women are clear: their primary concern is their own lack of security and the militarization of the country is cited as the main cause of insecurity. Many parts of the country are still experiencing conflict and “Taliban brutality has been replaced by banditry and lawlessness.” 25  Many women in Kabul continue to express fear for their physical security, from civilians or from men belonging to political factions. Further, security outside Kabul, in places such as Herat, is also poor where there are reports that Taliban-like edicts are still in force. 26  The marginalization of women’s rights is further evidenced by the fact that there is a perception outside of Kabul that the Ministry of Women’s Affairs is not a legal entity.

Insecurity throughout Afghanistan affects women in gender-specific ways, in particular they are more vulnerable to sexual violence and other forms of abuse. In some regions of the country, Human Rights Watch reports that “women continue to be assaulted or abused for not adhering to edicts that strictly controlled women's behaviour, dress, expression, and movement”. 27  These restrictions on women’s rights are being enforced by local and regional warlords. In addition, Rights & Democracy received reports of disappearances of women and trafficking in women. 28  As WOMANKIND reports, “the gang rape of a female foreign aid worker in Northern Afghanistan in June 2002 brought attention to the fragility of women’s safety even for those with extra security and back-up”. 29 
By restricting women’s movement and access to public space, the lack of security also restricts women’s equal opportunities to work, education and access to healthcare, among others. For example, the recent bombings of schools for girls, outside of Kabul, demonstrates that insecurity continues to have a negative impact on the right of education of women and girls.

A further detriment to securing women’s rights is the failure of the international community to respond to the lack of security. The mandate of the current International Security Force in Afghanistan (ISAF) is not an adequate guarantee for long-term stability of the country. There is a need to ensure the expansion of the force outside of Kabul and encourage United Nations member States to commit additional forces in Afghanistan. In addition, the inclusion of a gender perspective in the peacekeeping and peacebuilding activities in Afghanistan, in conformity with Security Council Resolution 1325 on Women, Peace and Security, is essential to ensuring that international efforts towards security in Afghanistan benefit Afghan women.

As mentioned above, the distribution of humanitarian aid by foreign military forces within Afghanistan is particularly detrimental for women. This practice confuses the important distinction set out in international humanitarian law between combatants and civilians which is crucial to the protection of civilians in armed conflict, the majority of which are women. In addition, women are less likely to access humanitarian aid that is being distributed by military forces which further marginalizes women in this situation. It is essential that Afghan women partake in decisions regarding the distribution of aid and in distribution per se. For this to take place, local and international humanitarian organizations must regain control of this domain.

Since Afghan women will not report crimes to male police officers, it is essential that female police officers be recruited as members of the national police force in Afghanistan in order to ensure the recording and investigation of crimes against women, in particular violence against women. Also, gender training must be provided for the entire police force to ensure gender sensitive methods. Currently, there is a maximum of 300 female police workers nation-wide, mostly engaged in guard type and body-searching duties and as prison officers. According to current estimates, 10,000 women would be required to constitute a force capable of recording and investigating crimes against women. 30
In addition, to ensure that gender concerns are met regarding women’s right to security, women must be included in all levels of decision making related to the reconstruction of the country, the re-creation of public spaces, transportation systems 31, infrastructure and neighbourhoods that have been dominated by men.
Peace, security, de-militarization and stability are essential components to ensure better respect and protection of women’s rights in Afghanistan.

Women and the Law

The report of the Secretary General to the Security Council dated March 18, 2002 32  states that since its inauguration in December 2001, the Interim Administration passed four major decrees. The first of these cancelled all decrees and previous laws passed by previous authorities. 33  One could deduct from this statement that the Taliban issued decrees 34  that severely denied women’s rights are now abolished. However, the situation is far from being so clear. The Interim report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Afghanistan, dated August 2002, still recommends the immediate “repeal of any legislative and other measures in place that discriminate against women and girls and that impede the realization of their human rights and fundamental freedoms”. 35  Further, women lawyers in Afghanistan, including members of the present administration, also stated that these edicts have not been formally abolished by the Interim Administration. What is apparent is the perception that these decrees still exist, and that has played into the hands of warlords outside of Kabul who have been enforcing discriminatory Taliban-like decrees against women with impunity. Moreover, this situation demonstrates the lack of effective control and influence of the present administration outside of Kabul. 36  It is essential that the Ministry of Justice clearly repeal all legislation and decrees that deny women’s rights. An official and public rescinding of all the Taliban edicts would go a long way in fostering women’s confidence in the government and would provide women with the legal ability to challenge gender-specific discriminatory attitudes. 37  In addition, it would act to de-legitimize the actions of warlords throughout the country who have been discriminating against women. As the Special Rapporteur eloquently states in the report cited above:
For people who have suffered oppression and violence for as long a period as the Afghans have, the nurturing of a participatory democracy requires a sustained and intensive campaign to make people aware of their rights and reassure them that the Transitional Administration is fully committed to empowering citizens, extending equal protection under the law to all citizens and upholding the principle of equality before the law. 38

An official and public rescinding of the decrees would serve to ensure that women are aware of their rights, an important goal as many Afghan women’s NGOs expressed the urgent need for women to be educated about their rights. They stated that women are aware of their responsibilities and duties but the notion of rights is not understood by most women.

Further, women’s rights activists in Afghanistan confirmed reports that conservative forces aiming to deny the rights of women are active within the Afghan government. In fact, the Ministry for the Promotion of Virtue and the Prevention of Vice, which created and enforced the Taliban decrees, is active albeit in the form of a department known as the Department of Islamic Instruction. In fact, conservative forces have been given access to prime time television time slots and have hired women to preach a conservative interpretation of Islam on television.

Another troubling example of the strength of conservative forces and of the need to reform the Afghan judicial system is the blasphemy charge brought against former Minister of Women’s Affairs, Dr. Sima Samar, in June 2002, during the Loya Jirga process. Dr. Samar received a summons on June 22, calling for her to appear in a Kabul court to face a blasphemy charge. A letter to the editor in a weekly newspaper published by Jamiat-e Islami, Payman-e Muhajid ("message of the holy warrior"), had previously alleged that Dr. Samar told a Canadian newspaper that she did not believe in Sharia (Islamic law). The writer had demanded that she be given "appropriate punishment," and that the judicial authorities carry out an investigation. After Dr. Samar complained to President Karzai, the court dropped the charge on June 24, saying that it was not supported by sufficient evidence. But a deputy chief justice, Fazel Ahmad Manawi, was quoted by the BBC as saying, "Maybe, if we get stronger evidence, we will reopen the case."

The blasphemy charge against Dr. Samar- and the fact that the case remains open “if more evidence is found” is worrisome as it demonstrates, among other things, that the judiciary continues to be used to intimidate women and restrict their freedom of expression and political participation.

Discussions about the reform of the judicial system are on-going: a new commission is beginning to write a new Constitution, and another commission is to deal with reforming the legal system. In these discussions, the influence of internationally recognized legal standards and the role of the Sharia, among other legal issues, in the Afghanistan legal system are expected to be thorny issues. However, until there is a central government capable of exerting control of the entire country, even a reformed legal system will have little meaning in Afghanistan. Moreover, the issues of impunity, justice for past war crimes and reconciliation will need to be addressed, by the government (not only by the Human Rights Commission), so that Afghanistan can truly speak of peace and reconstruction.

Further, Afghan women lawyers expressed concern about the criminal justice process and the fact that women are sentenced to time in prison for crimes committed by their male relatives. They also reported that instead of sentencing the male found guilty of committing murder, judges have “given” the girl children of this convicted party to the victim’s family in lieu of a sentence. The United Nations’ Special Rapporteur on Extra-Judicial Killings recently confirmed that an insecure atmosphere prevailed outside Kabul, and many people, particularly women, were prone to legal abuses. 39 

Afghan women lawyers are eager to participate in the constitutional process in order to entrench the rights of the women in the new Constitution, outlaw discrimination and violence against women and ensure that these rights are implemented and enforced by the judicial system. Please refer to section V for further details about the constitutional process.

Participation of Women in Civil Society

The importance of the participation of women in decision-making and civil society is stated in the preamble to CEDAW: "Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields". 40

Under the Taliban, the participation of women in Afghan civil society was restricted by the decrees. 41 As a result of these egregious restrictions on women, the roles played by Afghan women during the conflict are unique to the Afghan context and differ from the more visible roles played by women in other conflict situations. Nevertheless, under the Taliban, Afghan women worked and organized women’s rights initiatives underground in extremely difficult situations demonstrating the organizational and networking skills of women in war-torn and closed societies. Still, the Taliban context generally restricted the potential of Afghan women to empower each other through local, regional and national networks within Afghanistan. Afghan women in the diaspora, with more freedom to participate in civil society, filled this gap. In particular, the Afghan women in Pakistan created NGOs and networks, raised awareness about the situation of Afghan women and supported Afghan women refugees, among other important activities. In this context, it is essential that Rights & Democracy support the creation by Afghan women, from inside and outside of Afghanistan, of regional women’s rights networks and coalitions that will help ensure the participation of women in Afghan civil society. Even today, in Bahmian, for example, there are reports that local warlords do not allow Afghan women to work for NGOs.

It is important to note that the right of women to participate in political and public life of the country and the right of freedom of expression 42 includes, among others, the right of Afghan women to participate in, and create, NGOs and associations concerned with women’s rights issues, including women’s shelters and associations working on violence against women, reproductive rights, etc.

When Rights & Democracy reached the final stage of the Afghan government’s registration process and was called before a committee convened by the Ministry of Planning, the committee initially refused to register the organization because the word ‘democracy’ appears in the organization name. According to the government officials present at the meeting, NGOs should only be involved in ‘humanitarian’ activities and democratic development activities are perceived as political and the sole responsibility of the government. While Rights & Democracy is now registered this initial reticence inspires a few questions: What is the meaning of democracy for the present Afghan government? How does the Afghan government perceive the role of civil society in the eventual reconstruction and the building of democratic institutions? What other institutional barriers do women face in ensuring that their voices are taken account of in this system? How will these issues be addressed in the new constitutional framework?

In addition, the right of women to participate in civil society is interconnected with the right of women to education generally and in particular concerning human rights. To secure Afghan women’s rights, it is important that the Afghan government ensure that Afghan women have access to information regarding national and international safeguards for women’s rights such as the Afghan Constitution, CEDAW, the Declaration on Violence Against Women, the mandate of the Special Rapporteur on Violence Against Women, among others. The institutional and other barriers that prevent women from accessing information concerning women’s rights are a major impediment to raising awareness about women’s rights in Afghanistan. It is essential that the United Nations and donor countries assist the Afghan government in this task and that international NGOs commit funds for women’s rights awareness and education activities.

Indivisibility and Interdependence of Women’s Economic, Social, Cultural, Civil and Political Rights in the Afghan Context

It is essential for the eventual and long term reconstruction and development of Afghanistan that civil and political rights not be analyzed in isolation from economic, social and cultural rights. The situation of women in Afghanistan illustrates how norms generally classified as “civil and political rights” and “social, economic and cultural rights” are entirely interdependent. For example, as discussed above, restrictions on women’s freedom of expression, association and movement restrict women from participating in civil society, and consequently, effectively opposing restrictions on women’s equal opportunities for work, education and access to health services. Such exclusions and/or restrictions from education and employment jeopardize women’s capacity to survive and participate in society. Thus, for example, the health of Afghan people, in particular, of women depends on the promotion and protection of civil and political rights as well as social, economic and cultural rights. 43

Employment

During its 12-day mission, Rights & Democracy met Afghan women working in NGOs (as directors, administrators, educators, engineers, doctors, nurses, carpet weavers…), in the civil service (as ministers and administrative assistants), as security personnel (in closed spaces doing body checks on women visitors of government building) and under miserable, health threatening conditions in women’s bakeries. The majority of the women whom we met working outside the home were working either with women’s NGOs or with the government. Sightings of women working in the private sector were extremely rare.

Although women are now officially permitted to work outside of the home, the lack of employment opportunities for both women and men account for the fact that women are still largely confined to the private space. 44 Other factors that determine the high rate of unemployment for women include, women’s lack of security, warlordism and the negative attitudes of male family members regarding women’s participation in public life. 45 Also, since the availability of employment is so rare, fearing physical abuse, women tend to be reticent to accept employment that their husband or a male family member could occupy.
The focus of international donors’ funding of women’s rights employment initiatives is largely directed to developing and supporting traditional employment sectors for women in Afghanistan such as the carpet weaving and sewing sectors. This narrow focus is problematic in light of the fact that Afghan women have expressed a desire for vocational and skills training in order to develop new economic opportunities in non-traditional, public and private sector activities as electricians, mechanical engineers and bus drivers, among others.

At the same time, in this context, the tendency of international donors to provide computers, computer literacy training and English courses, denotes a disconnection between donors and the employment priorities set out by Afghan women’s groups themselves. One source explained that the fact that international donors bought so many computers for women is explained by the reporting needs of the donors and not the priorities of the local NGOs. The situation begs the following question: are international donors attempting to create a class of individuals who will become employees of NGOs, international NGOs and multilateral agencies, thereby maintaining Afghanistan in a state of perpetual humanitarian dependency?

Health

Women’s right to adequate healthcare, in particular reproductive healthcare is severely limited in Afghanistan. Rights & Democracy heard first hand a report of horrendous conditions for women in hospital obstetric wards in Kabul, where the pregnancy-related death of a mother and child could have been avoided. In 1997, maternal mortality in Afghanistan was reported as one of the worst in the world and though present statistics are not very precise, in Afghanistan every day 50 women die of complications related to pregnancy, and virtually all these deaths are preventable. 46  A recent study by Physicians or Human Rights (PHR), in Herat province, confirms that women have an extraordinarily high risk of dying during pregnancy and childbirth. 47 

The same study notes that the extraordinarily high numbers of deaths of women during pregnancy and childbirth are largely preventable and a direct consequence of the very young marriage age for women and girls, poor health and nutrition, too frequent child bearing and virtually no access to gynecological and obstetric services. The PHR recommend a rights-based approach to women’s health care in Afghanistan that includes advocacy and public education on reproductive rights and family planning as well as the promotion and protection of women’s rights to enter freely into marriage and to choose the timing and spacing of children. Moreover, PHR recommends that the a minimum age of marriage and consent be set and enforced in accordance with internationally recognized human rights standards. Although the legal age of marriage is 16, it is increasingly common, including in Kabul, to find girls as young as 9 years old married. In fact, the minimum age of consent should be included in the new Afghan Constitution.
Medica Mondiale reports that medical and educational professionals need training in work on trauma symptoms and trauma symptom management. According to their estimates, 75% of all patients and doctors in Kabul’s medical establishments show significant signs of trauma.

While we were in Afghanistan, women expressed the need that health services be gender sensitive and that there be increased access to health care for women, especially pre-natal and post-natal care. According to Medica Mundial, continued pressure should be exerted on the Ministry of Public Health (MoPH) to ensure the implementation and enforcement by medical professionals of MoPH directive number 201078 of 2 November 2002, which orders that emergency operations (in particular on women) be performed even in the absence of approval by male family members. Also, women’s NGOs expressed the desire for education on health.

Education

Since the vast majority of teachers in Afghan society have historically been women, the restrictions on women’s work as well as girls and women’s education negatively affected the education system in Afghanistan since 1996. Despite the huge enthusiasm for education and the enrolment in March 2002 of girls in primary schools (in Kabul, 50% of those newly enrolled were girls) the opportunity for primary education in Afghanistan generally is currently about 39% for boys and 3% for girls. 48  In January 2002, the illiteracy rate for women over 15 years of age in Afghanistan is 78.1 %.

Education enables women to make effective choices, participate in civil society and protect and actualize one’s interests. 49  As such, as explained throughout this section, restricting women’s and girls’ right to education limits their capacity to develop, understand and advocate for women’s human rights with Afghan society.

Afghan women’s NGOs stated that consistent advocacy for women’s and girls education is required, as well as better coordination between donor agencies, NGOs and the Afghan government in this area. Further, they expressed the desire for training on women’s rights, legal awareness, peacebuilding education, and leadership.

It is vital that the recent violent repression of university students in Kabul (protesting for better living conditions in the dormitories) is not allowed to consolidate into a trend of restriction on freedom of expression and association. It is essential that the Afghan Independent Human Rights Commission urgently undertake a full investigation of police response to public demonstrations, publicize their findings and make recommendations based on their research.
A hopeful note about the above mentioned tragic incident, where students who were protesting in Kabul were killed by security forces, is the support the students received from students in other areas of the country. For example, students in the North of Afghanistan (Mazar) who are experiencing similar difficulties with basic living conditions protested and expressed their support and solidarity with the students in Kabul.

According to the Ministry of Education without accommodation most women and girls cannot study or train for future careers. Consequently, it is important that the international community support and finance the building of dormitories, including at Kabul University, for female students and for female teacher trainees. 50

4. The Afghan Women’s Rights Fund: Mandate and Project Funding Priorities

Beyond establishing and implementing the framework for the Afghan Women’s Rights Fund, one of the objectives of Rights & Democracy’s mission to Afghanistan, was to conduct an accurate assessment of the priorities for women in Afghanistan in order to determine the mandate of the fund and areas where financial support is most needed. To determine those priorities, Rights & Democracy was guided by the general mandate provided by CIDA to support Afghan women’s initiatives.

The Afghan Women’s Rights Fund focuses on supporting and building the capacity of Afghan women engaged in human rights and peacebuilding activities for Afghanistan at the local, regional and international levels. The project also seeks to enhance dialogue through the creation of networks at all levels in order to recognize and enrich peace-building efforts for Afghanistan. The initiative will also coordinate lobbying initiatives in Canada and internationally in support of the efforts of Afghan women working to secure women’s rights in Afghanistan as well as advocating for the inclusion of Afghan women in decisions relating to peacebuilding and reconstruction.

In particular, the Afghan Women’s Rights Fund will support projects that correspond to the peacebuilding priorities developed by groups of Afghan women, the Afghan Ministry of Women’s Affairs, the State Minister for Women’s Affairs and the Human Rights Commission of Afghanistan. In addition, the fund will support innovative and creative initiatives targeted at social change for the status of women and girls, including:

* Women’s rights educational projects, including legal education
* Leadership training activities for women
* Capacity-building and peace-building initiatives
* Women’s participation and mobilization in political processes, such as future Loya Jirgas, democratic elections, constitutional or judicial reforms
* Networking and information sharing
* Lobbying for gender mainstreaming
* Projects targeting girl children and adolescent girls The Women’s Rights in Afghanistan Fund will support activities from the following applicants:
* Organizations promoting the rights and/or needs of women
* Organizations that include a gender equity or gender equality focus
* Human rights organizations that have a women’s human rights agenda
* Newly-established organizations with projects working on the advancement of women in partnership with, or under the umbrella of an established organization
* Organizations focused on women’s or gender advancement
* Initiatives aimed at linking and networking activities

The vast majority of the project funds will be allocated to support women’s rights projects originating from grassroots organizations within Afghanistan. However, as mentioned above, the particular context of women’s rights violations in Afghanistan and the egregious restrictions on the participation of women in civil society also demonstrate the importance of supporting the inclusion of Afghan women in regional and international women’s rights, peacebuilding and democratic development projects. To this end, the Afghan Women’s Rights Fund will consider funding projects originating from outside of Afghanistan that prioritize Afghan women’s rights in a regional perspective. Generally, grants will range from $5,000.00 CAN to $20,000.00 CAN per proposal and priority will be given to Afghan grassroots organizations.

Lobbying Priorities

The Afghan Women’s Rights Fund has committed to lobbying on the following issues:

* De-militarization of aid
* Ratification of CEDAW by the Afghan government and involvement of Afghan women in the constitutional law process
* Afghan judicial reform and abolition of edicts
* Extension of the mandate of the International Security Assistance Force in Afghanistan (ISAF) and Canadian participation in the ISAF
* Pressure on donors to follow through on financial pledges made in Tokyo and the increased role for donors in funding the Afghan government and civil service
* Participation of women in civil society and in decisions relating to the reconstruction of the country
* Women and Fundamentalisms and the Department of Islamic TeachingStructure of the Afghan Women’s Rights Fund

In order to ensure that the Women’s Rights Fund for Afghanistan respond effectively to the reality of the women’s rights situation in Afghanistan, Rights & Democracy has created an interactive structure for the project that is run from within its Women’s Rights Programme.
This structure comprises of two advisory committees based in Afghanistan and Canada, respectively. Also, Rights & Democracy hired a full-time Project Coordinator based in Kabul, Afghanistan and a part-time Project Associate, based in Montreal.

5. The Family Law and Constitution Project

In Afghanistan, Rights & Democracy met with Mahbooba Hoquqmal and 21 women lawyers and judges from the Afghan Women’s Lawyers Association to discuss the integration of a gender perspective in the Afghan constitutional law process, the Constitution per se and gender justice in Afghanistan. The meeting was requested by Rights & Democracy to explore ways to support the work of Afghan women in ensuring that women’s rights are entrenched in the new Afghan Constitution. On this occasion, the joint project of Women Living Under Muslin Laws 51 and Rights & Democracy regarding an assessment of Muslim and Afghan Family Laws was also discussed.

Constitutional Process

Under the Bonn Agreement, the drafting and adoption of a new Constitution is one of the major tasks to be organized under the leadership of the Transitional Administration during its two year term. The newly established Constitutional Law Commission of Afghanistan will receive funding and operational support from the United Nations Development Programme. During the first month of its operation, the commission will have to establish its terms of reference and by laws. Over the next six months, the Constitutional Committee's nine members are to prepare a draft Constitution, which will then be debated by the Commission composed of 30 members (including nine members of the Drafting Committee). According to the working paper of the Commission, the Advisory board to the Drafting Committee will consist of experts (legal and non-legal) the number of which will be initially six and will increase in the future. The final text of the Constitution will be ratified by a constitutional loya jirga next year, paving the way for a general election.
Under the Bonn Agreement the legal framework for Afghanistan currently consists of the Constitution of 1964 with the exclusion of provisions relating to the monarchy and the legislative and executive bodies of the State (these are replaced in part by the provisions of the Bonn Agreement); and any provisions inconsistent with other provisions of the Bonn Agreement, or resolutions of the UN Security Council. Further, it is understood that any existing laws and regulations that contradict international agreements to which Afghanistan is a party may be repealed by the Transitional Administration through procedures set out in the Bonn Agreement. 52 

The fact that very few people were aware of the above mentioned constitutional reform process is problematic and reveals a lack of transparency on the part of the authorities and of the UN that must be resolved in order to ensure that civil society participate fully in the re-creation of a legal framework for Afghanistan. Afghan women judges and lawyers expressed a sense of urgency in ensuring that women’s rights be entrenched in the new Constitution. There is a genuine need to ensure that women lawyers be included in this process at the outset and with regard to the entire Constitution (i.e. not be restricted to articles on women’s rights) to ensure that there is a gender integration process and that implementation mechanisms be taken into consideration in all aspects of the Constitution.

The Experience of Afghan Women Jurists

In Afghanistan, women’s involvement in law is not new. Since the 1960s women have been studying law at the University of Kabul; in 1974, these lawyers formed the first Afghan Association of Women Lawyers. Under the Taliban regime, an Association of Afghan Women Lawyers was created in Peshawar, Pakistan. There is a very diverse group of women lawyers throughout Afghanistan. The Afghan Women’s Lawyers Association who we met with, through Minister Mahbooba Hoquqmal, work to defend women’s rights and run legal education and rights awareness workshops. They expressed the need to be trained in leadership skills in order to enable them to play a leadership role in the constitutional process and the Loya Jirga .

Other priorities expressed by Afghan jurists during the meeting:

* Integrate issues relating to violence against women as the main part of the Constitution
* Integrate international human rights treaties and CEDAW in the Constitution
* Include a progressive and feminist interpretation of the Sharia in the Constitution based on human rights principles
* Ensure that implementation and enforcement articles are included in the Constitution
* Collect and document all Afghan jurisprudence relating to the application of customary law to women
* Hold countrywide workshops to discuss women’s rights in customary law in Afghanistan to come up with proposals for safeguards in future legislation
* Ensure that an article is included in the Constitution that addresses the discriminatory nature of customary law
* Exchange with other Muslim lawyers and scholars on Islamic law and international women’s human rights standards in non western contexts
* Exchange with women from other conflict and post-conflict situations on women’s rights issues in conflict situations
* Travel to other countries where women live under Muslim laws in order to learn from their legal experience and legal systemsProposal by Rights & Democracy and WLUML

As mentioned above, Rights & Democracy (independently of the CIDA funding) and WLUML discussed ways to support the work of Afghan women jurists in entrenching women’s rights in Afghan family law and in the new Constitution. Rights & Democracy will continue discussions with the actors concerned in order to ensure that the project is implemented in the spirit of collaboration that is mindful of Afghan women’s aspirations and concerns. As the constitutional process is being orchestrated in haste, one of the major challenges is the timeframe which leaves little time to ensure that there is a  respectful participatory process set in place for women in the 31 provinces of Afghanistan. In order to achieve the desired outcomes, Rights & Democracy's efforts will be pursued for the long term, beyond the above-mentioned time frame.

C onclusion

The reconstruction of Afghanistan begs a strong Afghan civil society and must include the voices of Afghan women.

The Rights & Democracy Afghan Women's Rights Fund will focus on supporting and building the capacity of Afghan women engaged in human rights and peace-building activities for Afghanistan at the local, regional and international levels. It will support women's rights education projects, leadership training for women, capacity building and peacebuilding initiatives, the participation of women in political processes, networking and information sharing and lobbying for gender mainstreaming. The fund will determine and engage in lobbying strategies at the international levels in coordination with Afghan colleagues that will aim, among other issues, to ensure that the promotion and protection of women's rights in Afghanistan remains on the agenda of donor countries for the long term.

The international community's response to the social, military, political and humanitarian crisis in Afghanistan has become a contest of interests between different actors in the reconstruction of the country - to the detriment of the Afghan people. The use of military logistical capabilities for humanitarian actions is not an option to be ruled out altogether. However, this tactic in its current form has largely been practiced for geo-political interests - not for the welfare and dignity of Afghan women and men. If this trend is maintained, it risks creating a state of perpetual crisis in the country. To avoid this result, humanitarian objectives and tactics must be undertaken from a gender perspective. Moreover, international commitments to the reconstruction of Afghanistan, including lobbying and advocacy efforts, must be taken on the long term and in coordination with Afghan civil society.

For women's rights to hold ground, Afghanistan needs to enter into a phase of implemented peacebuilding, and reconstruction needs to be not only a question of rebuilding the country's infrastructure, but more importantly, true reconstruction implies an evolution of human and social relations where the international community and the current authority in Afghanistan recognize the humanity of over half the population of the country. Women's human rights are a highly political issue, involving opening public spaces and igniting social change, and providing decent living conditions.

Women experience war differently than men; they experience violence differently, and they experience survival tactics differently. Women are paramount to the survival of their families, their communities and their neighbourhoods. During 23 years of war; they worked together to survive and maintain hope for a better life. Professional women created NGOs and maintained networks; poor women offered their home for schooling children. Women challenged the patriarchal mores of the Taliban and they are ready to continue to fully participate in the reconstruction of their country if the international community and the current authorities in Kabul and the provincial governmental authorities allow for their full participation in economic reconstruction and decision-making processes.

The wars of Afghanistan are typical of the wars of this new century: wars of fragile States, incapable of maintaining their autonomy under the impact of globalization. In a State that has been weakened by many years of war, the following factors have reduced hope for State legitimacy and the rule of law: organized crime networks, drug trafficking, growing informal economies, CIA operations replaced the Taliban with the Northern Alliance, corruption and militarized aid. Moreover, politics of identity – ethnicity and religion are mobilized to gain power. Massive human rights violations have become a strategy of war.

In this context understanding what your rights are and participating in civil life takes time. Working on women's human rights in Afghanistan means long-term commitment.
Will Canada lead the international community in helping women take the time to change and rebuild their society?

Main Recommendations

Regarding Humanitarian Assistance

* The international community and local civil society should lobby for a gender budget analysis of humanitarian assistance and post-conflict reconstruction in Afghanistan to ensure that women benefit directly from resources through multilateral and bilateral donors, including the Consolidated Appeals Process, the Bretton Woods Institutions and the donor conferences.
* Member States of the United Nations should ensure that an accountability mechanism is set-up to monitor all aspects of the provision of humanitarian assistance in Afghanistan, including the integration of a gender perspective, by respective humanitarian aid providers, be they the military, NGOs or others. Civil society should lobby for the creation of this accountability mechanism.
* Afghan women should partake in decisions regarding the distribution of aid and in distribution per se.
* Donors should fund the Afghan State apparatus, especially the civil service. These funding efforts must be coordinated to ensure that in parallel, civil society and the State mutually reinforce any process towards democratic development in Afghanistan.Regarding Peacekeeping, Peacebuilding and Reconstruction:
* Security Council Resolution 1325 on Women, Peace and Security should be implemented by all actors in Afghanistan.
* The presence of the International Security Assistance Force (ISAF) should be extended to outside of Kabul with a mandate of disarming factions to ensure an end to ‘warlordism’ and decentralized security thereby contributing to improving women’s security. Further, United Nations member States should commit additional forces in Afghanistan.
* To ensure that gender concerns are met regarding women’s right to security, it is essential that women be included in all levels of decision making related to the reconstruction of the country, the re-creation of public spaces, transportation systems, infrastructure and neighbourhoods that have been dominated by men.
* The establishment of macro economic policies in post conflict reconstruction that prioritize the public provision of food, water, sanitation, health and energy, the key sectors in which women provide unpaid labour should be a lobbying priority for civil society.Regarding Women’s Rights:
* The Afghan government in coordination with local civil society should ensure the maximum participation of Afghan women on equal terms with men in the political and public life of the country.
* It is essential for the eventual and long term reconstruction and development of Afghanistan that civil and political rights not be analyzed in isolation from economic, social and cultural rights.
     
W omen and the Law

* The Afghan judicial system and Constitution should be reformed from a gender perspective, including respect for international human rights norms.
* The issues of impunity, justice for past war crimes and reconciliation should be addressed, from a gender perspective, by the Ministry of Justice.
* The Afghan government must officially and publicly rescind all decrees and legislation that deny women’s rights and Afghan officials should respect the human rights of women.
* Female police officers should be recruited as members of the national police force in Afghanistan in order to ensure the recording and investigation of crimes against women, in particular violence against women. Also, gender training must be provided for the entire police force to ensure gender sensitive methods.     Women’s Health
* A rights-based approach to women’s health care in Afghanistan should be adopted that includes advocacy and public education on reproductive rights and family planning.
* The minimum age of marriage and consent should be set and enforced in accordance with internationally recognized human rights standards.
* Medical and educational professionals should be trained in work on trauma symptoms and trauma symptom management.
* Health services should be gender sensitive, increased health care for women, especially pre-natal and post-natal care.
* Pressure should be exerted on the Ministry of Public Health (MoPH) to ensure the implementation and enforcement by medical professionals of MoPH directive number 201078 of 2 November 2002, which orders that emergency operations (in particular on women) be performed even in the absence of approval by male family members.     Women’s Education
* Consistent advocacy for women’s and girls education is required as well as better coordination between donor agencies, NGOs and the Afghan government in this area.

To the International Community Regarding Women’s Rights:

* Any international women’s rights initiatives in Afghanistan should be implemented in coordination with local women’s rights NGOs. Grants that do not feed into the priorities and activities of local civil society groups should be avoided.
* It is essential that the United Nations, donor countries and international NGOs commit funds to support innovative and creative initiatives targeted at social change for the status of women and girls, including:
* Women’s rights educational projects, including legal and health education;
* Leadership training activities for women;
* Capacity-building and peace-building initiatives;
* Women’s participation and mobilization in political processes, such as future Loya Jirgas, democratic elections, constitutional or judicial reforms;
* Networking and information sharing;
* Projects targeting girl children and adolescent girls.
* The focus of international donors’ funding of women’s rights employment initiatives should be expanded to non-traditional public and private sector activities.
* The international community should support and finance the building of dormitories, for female students and for their female teachers.
* It is essential that the international community support the creation by Afghan women, from inside and outside of Afghanistan, of regional women’s rights networks and coalitions that will help ensure the participation of women in Afghan civil society.
* Women’s rights should remain on the agenda of donor countries for the long term.
* The Kabul-based Gender Network should monitor the gaps between international donors’ commitment to the realization of women’s human rights and implementation procedures.
* The Gender Network should monitor the activities of the international community regarding women’s rights in Afghanistan and should produce regular gender needs assessments of the situation in the country.

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Endnotes
Click on Endnote number to go back to text.
1 .--  “Human Rights and Reconstruction in Afghanistan Report”, Center for Economic and Social Rights, May 2002.
2 .--  Women’s Rights Programme: Ariane Brunet and Isabelle Solon Helal.
3 .--  For methodological issues, see Agnès Callamard, A Methodology for Gender Sensitive Research (Canada: Amnesty International Publications and the International Centre for Human Rights and Democratic Development, 1999). Click here to read the introduction to the book, or go to the Publications section of this web site, then search for publications on Women's Rights.
4 .--  Barnett R. Rubin, Ashraf Ghani, William Maley, Ahmed Rashid, Olivier Roy, Afghanistan: Reconstruction and Peacebuilding in a Regional Framework, Center for Peacebuilding (KOFF) Reports, January 2001.
5 .--  The intervention by NATO in Kosovo may have been the clearest case of humanitarian intervention (the use of armed force by a State (or States) to protect citizens of the target State of large scale human rights violations there – without Security Council authorization under Chapter VII or VIII of the United Nations Charter) but it was not the first case. See for example, the Indian intervention in East Pakistan in 1971, among other cases.
6 .--  See “Old Lessons, New Challenges for Humanitarian Intervention”, The Crosslines Afghanistan Monitor Op Ed piece, September 15, 2002.
7 .--  See “Humanitarian Action: A Review of Policy Trends”, ODI Briefing Paper International, April 2002. http://www.odi.org.uk/
8 .--  See “Policy Brief”, CARE International in Afghanistan, October 1, 2002.
9 .--  See Sheila Meintjes, Anu Pillay and Meredith Turshen, “There is No Aftermath for Women”, in The Aftermath, Women In Post-Conflict Transformation, Zed Books, 2001, p.17.
10 .--  See cover story in The Crosslines Afghanistan Monitor, September 15, 2002.
11 .--  See Groupe de recherche et d’information sur la paix et la sécurité (GRIP) et Médecins sans frontières, Militaires humanitaires : à chacun son rôle, Editions Complexe, 2002.
12 .--  See footnote 5.
13 .--  Mark Duffield ,Global Governance and the New Wars: The Merger of Development and Security, London: Zed Books; 2001.
14 .--  Brahimi. L, “Report of the Panel on United Nations Peace Operations”, UN Doc. A/55/305, 21 August 2000.
15 .--  Regarding policy trends in international humanitarian action see ODI Briefing Paper, April 2002. (http://www.odi.org.uk/)
16 .--  President Bush made a point of emphasizing in his State of the Union Address the emancipatory impact of the American-led victory on the peoples of Afghanistan, particularly women. Such use of women is not new as we have seen it in many national expansion wars of the past, as explained by Katherine Viner in her article “Feminism as Imperialism” in The Guardian, September 21, 2002. In the context of Afghanistan, the problem lies in the fact that women’s rights are subjected to the lenses of either Islamic fundamentalists or used by Christian fundamentalists for their crusade.
17 .--  Afghanistan Information Management Service (AIMS) Web site at http://www.aims.org.pk/
18 .--  See UN Security Council, “Report of the Secretary-General on Women, Peace and Security”, S/2002/1154.
19 .--  Mary Kaldor, “Beyond Militarism, Arms Races and Arms Control”, Social Science Research Council. http://www.ssrc.org/sept11/essays/kaldor.htm
20 .-- Elisabeth Rehn & Ellen Johnson Sirleaf, Women, War and Peace, a UNIFEM Independent Experts’ Assessment on the Impact of Armed Conflict on Women and Women’s Role in Peacebuilding,2002. See recommendations http://www.unifem.undp.org/resources/assessment/.
21 .--  Many NGOs have denounced the appointment process to the Commission and therefore refuse to see this institution as independent and credible. Under the constant pressure by the warlords within the government Karzai has appointed commissioners based not on their commitment to human rights, their expertise or their integrity, but mostly based on an ethnic and political balancing act.
22 .--  Chris Corrin, Gender Audit of Reconstruction Programmes in South Eastern Europe, published by the Urgent Action Fund and the Women’s Commission for Refugee women and Children, June 2000.
23 .--  Ibid.
24 .--  Ibid.
25 .--  WOMANKIND Worldwide, “Taking Stock: Afghan Women and Girls Six Months On”, July 2002, p. 4.
26 .--  Interview with Rachel Wareham, Medica Mundial, September 2002.
27 .--  Human Rights Watch Briefing Paper, “Taking Cover: Women in Post-Taliban Afghanistan”, May 2002
28 .--  Interviews in Kabul, September 2002.
29 .--  WOMANKIND Worldwide, op. cit., note 25 at p. 5.
30 .-- Letter to the Participants of the Oslo Donor’s Conference for Afghanistan, December 17 and 18, 2002.
31 .-- Women and girls in Kabul complain of sexual harassment on the street and in public transport. At the present time in Kabul, only 20% of the public buses are reserved for women.
32 .--  UN Security Council, Report of the Secretary General, “The situation in Afghanistan and its implications for international peace and security”, A/56/875-S/2002/278
33 .--  Ibid, paragraph 18.
34 .--  The decrees were issued by the Ministry of Virtue and the Prevention of Vice and announced to the public via radio.
35 .--  United Nations, “Interim Report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Afghanistan”, A/57/309, para. 74.
36 .-- AFGHANDEV Digest - 4 Nov 2002 to 5 Nov 2002 (#2002-448): “Justice in Afghanistan these days is largely a matter of guns and geography(...)If someone is charged with an offense in an area controlled by the government, they will be tried in a court appointed by the new transitional government, under laws promulgated by interim President Hamid Karzai. But there are few areas outside of Kabul that are under firm government control. Justice Minister Abdul Rahim Karimi says, in other regions, arbitrary justice is meted out by regional warlords.
37 .--  See note 27.
38 .--  United Nations, op. cit., note 35, paragraph 28.
39 .-- AFGANDEV Digest, Issue 2002-438, 24 October 2002 to 25 October 2002.
40 .--  Other conventions, declarations and international analyses place great importance on the participation of women in public life and have set a framework of international standards of equality. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention on the Political Rights of Women, the Vienna Declaration, paragraph 13 of the Beijing Declaration and Platform for Action, general recommendations 5 and 8 of CEDAW, general comment 25 adopted by the Human Rights Committee, the recommendation adopted by the Council of the European Union on balanced participation of women and men in the decision-making process and the European Commission's "How to Create a Gender Balance in Political Decision-making" and Security Council Resolution 1325.
41 .--  Prior to the Taliban taking control of Kabul in 1996, restrictions on women’s work and dress were enforced in 1994 by the Jalalabad based multi-party local government under Haji Qader and in 1995 under the Rabbani government.
42 .--  A further example of the silencing of women is the recent decision by a deputy Supreme Court Justice to ban women from singing on television.
43 .--  “Women’s Health and Human Rights in Afghanistan, A Population-Based Assessment”, A Report by Physicians for Human Rights, p. 15.
44 .--  WOMANKIND, op. cit., note 25, p. 10.
45 .--  Interviews in Kabul, September 2002.
46 .--  UNFPA press release, “Afghan Health Officials to Learn from Iran's Experience”, 31 October 2002.

47 .--  “Maternal Mortality in Herat Province, Afghanistan”, Physicians for Human Rights, September 2002, p.1.
48 .--  WOMANKIND, op.cit., note 25, p. 10.
49 .--  Physicians for Human Rights, op.cit., note 43, p. 24.
50 .-- Medica Mundial, Rights & Democracy and others, “Letter to the Participants of the Oslo Donor’s Conference for Afghanistan”, December 17 and 18, 2002.
51 .-- Women Living Under Muslim Laws is an international Network that provides information, solidarity and support for all women whose lives are shaped, conditioned or governed by laws and customs said to derive from Islam. The Network aims to increase the autonomy of women by supporting the local struggles of women from within Muslim countries and communities and linking them with feminist and progressive groups at large; facilitating interaction, exchanges and contacts and providing information as well as a channel of communication.
52 .-- See B. Rubin, “Summary of Proceedings of Meeting of Legal Affairs Working Group, Afghanistan Reconstruction Project”, Center on International Cooperation, Feb.20-21, 2002, p.1.-

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