A/HRC/19/47
Supreme Court's decision will result in more prosecutors now being willing to apply the
EVAW law, rather than the Penal Code, in future.
29.
A positive step in improving protection for women's rights came in September 2011
when the Afghan Council of Ministers approved a by-law regulating the operation of
protection centres for women. This regulation sets standards for the operation and
management of protection shelters for women, effectively re-affirming the critical service
that these centres, both those operated by the Government and NGOs, provide for
vulnerable women and girls facing violence and abuse. The final version of the regulation
contrasted starkly with the earlier drafts which had provisions restricting the independent
management of centres run by civil society groups and failing to protect vulnerable women
from being forcibly returned to their families or from non-consensual disclosure of
information to law enforcement authorities. Following continuous advocacy from civil
society, AIHRC and the United Nations, amendments were made to the regulation. The
final regulation places obligations on the Government to establish additional protection
centres, and on shelters to admit, without exception, women subjected to or at risk of
violence. It also safeguards fundamental human rights, such as privacy and access to
adequate health care. Successful prosecutions of perpetrators of violence under the EVAW
law depend, in part, on the ability of victims to secure safe, temporary housing, along with
social and legal support. Effective enforcement of the regulation should encourage the
creation of new shelters in areas where they are needed and the strengthening of existing
ones through improved government oversight.
30.
A number of provincial commissions for the prevention of violence against women
are beginning to carry out their mandate of preventing violence by coordinating among
Government and non-governmental institutions. However, they need much greater support
and guidance. OHCHR/UNAMA found that although commissions have been established
in 28 of Afghanistan’s 34 provinces, only 16 meet regularly. The provincial commissions
vary widely in their operations. OHCHR/UNAMA assisted many provincial governors and
women affairs departments with establishing and strengthening provincial commissions and
in conducting awareness programmes for civil society groups and Government officials in
13 provinces.
31.
Increasing the ability of women to participate equally in political processes and
government structures remains a key priority for the human rights agenda in Afghanistan.
The Government, with support from Finland, is developing a national action plan on
women, peace and security. OHCHR/UNAMA has pledged its support in this process. On
the occasion of International Women’s Day in March 2011, civil society organizations
issued a declaration calling on the Government and members of Parliament to ensure
effective participation by women in the peace process, and to increase women’s
participation in Government in accordance with the Afghan National Development Strategy
(ANDS).
IV. Peace and reconciliation (including accountability and
transitional justice)
32.
As the process of transitioning control from international military forces (IMF) to
Afghan National Security Forces (ANSF) progressed, the Government and the international
community indicated the need for a formal process for discussing a settlement with the
Taliban. At the same time, the Taliban have shown signs that they may be ready to
negotiate terms, despite their public refusal to discuss peace until international forces have
withdrawn. In July 2011, the Taliban issued a public statement in which they sought to
distance themselves from terrorism, indicated aspirations for political recognition,
advocated a negotiated withdrawal of foreign military, and asserted that they would pose no
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