A/HRC/16/67
similar statement criticizing the OHCHR/UNAMA civilian casualty numbers for the first
11 months of 2010 that indicated AGEs were linked to 76 per cent of all civilian casualties,
a figure referred to in the December 2010 report of the Secretary-General to the Security
Council on the situation in Afghanistan and its implications for internal peace and security
(A/65/612-S/2010/630, para. 56).
III.
Violence against women
21.
Violence against women and girls, including sexual violence and harmful traditional
practices such as ba’ad (use of girls in marriage to settle disputes), so-called “honour”
killings, early and forced marriages and rape continue to be persistent and widespread in
Afghanistan. The misplaced stigma of sexual violence falling on the victim rather than the
perpetrator and the lack of access to effective justice or remedies for victims have ensured
that sexual violence and harmful traditional practices remain largely unaddressed either by
the law enforcement institutions of Afghanistan or by Afghan society. The 2009
OHCHR/UNAMA report Silence is Violence: End the Abuse of Women in Afghanistan, and
the December 2010 report Harmful Traditional Practices and Implementation of the Law
on Elimination of Violence against Women in Afghanistan confirmed these findings and
provided recommendations for action. The latter report noted that harmful traditional
practices serve to harm, degrade and marginalize women and girls and are often reinforced
by certain interpretations of religious precepts. These practices are inconsistent with
national laws, in particular the Law on Elimination of Violence against Women which
criminalizes many harmful traditional practices, as well as sharia law and international law.
22.
Based on country-wide research and case analysis, the report on harmful traditional
practices documents particular customary practices that violate the rights of women and
girls throughout Afghanistan and makes recommendations that would strengthen
implementation of the Law on Elimination of Violence against Women as the
Government’s main tool to end harmful practices. The report found that although there had
been some improvement in the State’s response to harmful practices and crimes of violence
against women, the police and the judiciary often fail to impartially enforce the law and are
unwilling or unable to implement laws that protect women’s rights.
23.
Law enforcement officials frequently take a selective approach to administering
justice. They pursue cases where women are perceived to have transgressed social norms
and fail to act when women report violence or in cases of child marriage, claiming these are
“private matters”. This situation is demonstrated by the large number of women detained in
prisons for “moral crimes”. When social and cultural circumstances do not allow women
and girls to oppose harmful traditional practices, or to escape violence, they sometimes run
away from home. “Running away” is not a crime under Afghan law. Yet law enforcement
authorities often arrest, jail and prosecute girls for running away. The charge is usually
“intention” to commit zina (sexual intercourse outside of marriage).
24.
On a positive note, OHCHR/UNAMA documented some improvements in the
Government’s response to harmful traditional practices. The Ministry of Justice, with
support from the UNAMA Human Rights Unit and other partners, is drafting a law that
would regulate traditional dispute resolution mechanisms which have been found to
frequently violate women’s rights. State authorities sometimes supported girls who objected
to their forced marriage. Furthermore, some religious leaders have spoken out in favour of
women’s rights. At a conference on International Women’s Day 2010 in Jalalabad, ulema
members unanimously vowed to raise awareness against harmful practices in their teaching
at mosques. OHCHR/UNAMA also found examples of religious figures condemning
exchange marriages and high bride price.
8
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