A/HRC/13/62 21. The Shia Personal Status Law regulates the personal affairs of the Shia community on matters such as marriage, divorce and inheritance rights and is based on article 131 of the Constitution of Afghanistan. The Shia community comprises around 20 per cent of the population and the adoption of the law was widely interpreted as a trade-off by the President to gain the support of conservative elements for the then upcoming presidential election. Signed by the President in March 2009, the law underwent review following domestic and international criticism of certain articles which clearly contravened constitutional guarantees (articles 24 and 54 of the Afghan Constitution) and violated international legal obligations enshrined in the Convention on the Elimination of All Forms of Discrimination against Women, ratified by Afghanistan in 2003, as well as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to which Afghanistan acceded in 1983. The contentious articles included the obligation that a woman obeys her husband in sexual matters; unequal rights regarding divorce, guardianship of children, inheritance and enjoyment of property; and limitations on women’s freedom of movement. 22. The amended law, as endorsed by presidential decree in July 2009, retained some of the contentious provisions that had given rise to criticism. For the most part these provisions were not omitted but merely reworded. For example the controversial article requiring a wife to provide for the sexual enjoyment of her husband was removed. However, Afghan legal experts are of the view that article 162 of the amended law could be used by a husband to effectively deny maintenance to a wife if she denies him what he perceives as his conjugal rights. 23. The Shia law, rather than challenging harmful traditional and customary practices, has only served to legitimize practices that disadvantage women. While this law directly affects the rights of Afghan Shia women and girls, it potentially paves the way for further restrictions on the rights of all Afghan women, and jeopardizes hard-won gains in the context of efforts to counter violence and discrimination against Afghan women. 24. New legislation also included the Law on the Elimination of Violence against Women (EVAW), which represents a critical development in the protection and promotion of women’s rights. Endorsed by presidential decree in July 2009, it has yet to be adopted by parliament. This law explicitly criminalizes rape, as well as under age and forced marriage, and other forms of violence against women. Analysis by both international and domestic observers, however, reveals that from a technical perspective the law could fail to meet many of its stated aims. Ambiguities relating to unclear definitions that are gender-neutral, as well as inadequate reference to existing law such as the Penal Code, could lead to problems in its implementation. UNAMA and the United Nations Office on Drugs and Crime conducted a thorough analysis of the law and, together with national partners, proposed a number of amendments that would better serve to prevent violence against women. At the time of writing, parliament was still reviewing these proposals. 25. OHCHR/UNAMA, in its report entitled “Silence is Violence: Stop the Abuse against Afghan Women and Girls” published in July 2009, found that violence against women, in both the public and private sphere, continues to be pervasive and widespread. Such violence is deeply rooted in Afghan customs, attitudes, and practices (such as baad, the giving away of girls as a form of dispute resolution, honour killings, and forced and under age marriage) which both compound and legitimize this violence. A culture of impunity for crimes against women means that perpetrators are rarely punished; as a consequence, violence against women is rarely perceived as criminal conduct which, in turn, seriously undermines efforts to prevent it. 26. Women’s participation in public life remains restricted and the political space for women to advocate for their rights has contracted. Insecurity due to the escalating conflict, coupled with traditional attitudes towards women’s role in society, discourage many 8 GE.10-10230