A/HRC/4/98*
page 18
(h)
The Government, with the support of the international community, is called
upon to intensify its efforts to increase the participation and role of women in public
decision-making in line with Security Council resolution 1325 (2000) on women, peace and
security; it should provide security for female Members of Parliament, Provincial Council
members and heads of DoWA who are currently facing intimidation and threats in
southern and eastern Afghanistan.
(i)
The Government is urged to take all necessary measures to investigate
allegations of family and other forms of violence, including honour killings, and to
prosecute perpetrators, including those committing or arranging underage and forced
marriages; domestic violence and rape should be included as crimes in the Criminal Code;
instructions should be provided to prosecutors and judicial officials on the application of
Afghanistan’s Criminal Law provisions in order to clarify breaches of custom or civil codes
which are not criminal offences; and traditional dispute resolution mechanisms should be
reviewed in order to better protect the rights of all individuals, particularly women and
children, and enhance accountability to the State.
(j)
The Government should ensure that a wide-ranging awareness campaign to
eradicate violence against women and girls is undertaken in conjunction with community
leaders, mullahs and civil society; that efforts to support MoWA in the establishment of
safe houses across the country for victims of domestic violence are stepped up and include
psychosocial support for victims and vocational training for released female prisoners.
(k)
The Government is encouraged to ratify the Optional Protocols to the
International Covenant on Civil and Political Rights and to the Convention on the
Elimination of All Forms of Discrimination against Women, enabling women and men who
have been subjected to discriminatory or unfair judicial rulings to have recourse to an
international mechanism.
(l)
The Government is further encouraged to issue, in 2007, a standing
invitation to the United Nations human rights special procedures mechanisms.
(m)
The Government should enact legislation implementing the provisions of the
Rome Statute of the International Criminal Court in domestic law, including the crimes set
out under articles 6, 7 and 8, to ensure that Afghan courts have jurisdiction to prosecute.
(n)
The implementation of and respect for constitutional and other legal
safeguards for freedom of expression is strongly recommended, and the Government
should ensure that the new proposed Media Law provides safeguards particularly against
political interference and censorship, especially for private media.
(o)
The Government, with the support of the international community, is urged
to focus efforts on meeting the Afghanistan Compact rule of law benchmark, particularly
the drafting, revision and implementation of further key legislation.
(p)
The Government should continue its cooperation with UNAMA and AIHRC
on the arbitrary detention campaign and related issues and grant these organizations
access to all detention facilities and to relevant documentation.
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