A/HRC/34/41
VII. Violence against women and promotion of women’s rights
43.
The Government continued its efforts to address violence against women and girls.
On 31 January 2016, the President inaugurated a fund specifically for sponsoring
emergency services, such as medical treatment and temporary accommodation, for women
survivors of life-threatening acts of violence. Increased funding is critical to ensuring that
the fund can offer appropriate support to all those in need. On 11 June, the Government
approved the 2016-2020 strategy and action plan on the elimination of violence against
women, which, at the time of writing, were yet to be disseminated.
44.
The prevalence of violence against women and harmful practices remained of
serious concern. From January to November 2016, UNAMA/OHCHR documented 10
punishments that were handed down by a parallel justice system run by anti-government
elements to women accused of so-called moral crimes (such as sexual intercourse outside of
marriage and prostitution). The judgments resulted in the execution of four women and the
lashing of five women, in several provinces. In addition, attempts by anti-government
elements to implement a sentence of stoning against a woman in Takhar Province in June
were averted following a negotiation by elders. The imposition of the death sentence and
corporal punishment on women and girls for perceived moral offences mostly took place in
areas under Taliban control or influence. Such practices violate the Constitution, constitute
criminal acts under domestic law and amount to human rights abuses.
45.
From January to November 2016, UNAMA/OHCHR documented 605 alleged cases
of violence against women, including murders, forced immolation, honour killings, rapes,
battery and laceration, and forced marriages. In 118 of those cases, the victims were
minors. While the majority of cases were still pending, at least 86 cases, mostly involving
battery and laceration, had been the subject of mediation by the competent institutions (57),
traditional justice mechanisms (21) or non-governmental organizations (8), in accordance
with article 39 of the 2009 law on the elimination of violence against women. Focus group
discussions carried out by UNAMA at the grass-roots level with 686 women and 126
mediators on their experiences of mediating cases of violence revealed the need to
standardize the approach and oversight mechanisms to ensure the protection of the rights of
women survivors.
46.
UNAMA/OHCHR continued to advocate for prevention and response efforts to be
based on human rights. However, law enforcement officials admitted to UNAMA/OHCHR
that they were unable to investigate incidents of violence against women and to apprehend
alleged perpetrators in areas under the control of anti-government elements. As a result, the
conflict has contributed to a culture of impunity whereby victims are denied the right to
effective remedies, including gender-sensitive reparations. The situation has further eroded
the already weak public trust in the ability of the authorities to enforce the rule of law,
particularly with respect to acts of violence against women.
47.
The Government continued its work on revising the Penal Code with the aim of
submitting the entire revised law to the National Assembly by December 2016.
UNAMA/OHCHR worked closely with the United Nations and civil society in advocating
for the integration of international human rights norms into efforts aimed at increasing the
protection of women from violence.
48.
Despite some progress, women continued to face severe obstacles in participating in
political, economic and social life owing to several factors, such as widespread violence,
explicit restrictions imposed by anti-government elements and the existence of deep-rooted
discriminatory social norms that discourage women from exercising their rights. Those
social barriers deter women from taking jobs entailing close interaction with men. Threats
and attacks targeting women in prominent positions continued in 2016. Among other
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