A/HRC/16/67
30.
OHCHR/UNAMA worked with Afghan partners to promote and guarantee women’s
representation in the parliamentary elections of 18 September 2010. Assurances were
obtained from the Government that the 68 parliamentary seats constitutionally reserved for
women (25 per cent) were a minimum and not a ceiling on female representation. In
addition, the Government assured that where a female candidate won a non-reserved seat
but was unable to take up elected office, the seat in question would go to the next female
candidate who obtained the highest number of votes. More women contested the 2010
parliamentary election, as 16 per cent of all candidates were women, up 4 per cent from the
2005 parliamentary election. OHCHR/UNAMA documented reports of community
resistance to their candidacies in addition to threats, harassment and attacks in some areas
of the country. In Badakhshan province, for example, OHCHR/UNAMA received reports
of religious leaders preaching against the participation of female candidates, urging people
not to support females contesting the election. As the election date drew closer,
OHCHR/UNAMA noted an increase in the incidents of threats and intimidation against
female candidates, including the detonation of an IED outside a female candidate’s
campaign offices in Taloquan city in Takhar province. On 30 August, one female
parliamentary candidate’s five male campaign workers were abducted and killed in Herat
province.
31.
On 18 September, election day, intimidation tactics by AGEs contributed to reduce
the participation of voters, especially women voters, in different parts of the country. In the
south, the Taliban enforced restrictions on movement with oral threats, ad hoc road blocks
and IEDs which prevented Afghans from exercising their right to vote. In the eastern region
and in Wardak and Logar provinces in the central region, threats from AGEs, including the
distribution of night letters, reportedly had a significant impact on voter turnout. With the
exception of Bamyan, Day Kundi and Badakhshan provinces, and some cities, female voter
turnout was medium to low. The International Election Commission reported that of the 4.3
million estimated ballots cast, about 1.6 million were thought to have been cast at female
polling stations, representing 37 per cent of the total number of ballots cast. High security
risks, the co-location of female and male polling centres, inadequate or absent female
polling staff and related cultural constraints kept women away from the polls in the
southern and south-eastern regions in particular. Notwithstanding these challenges, 69
women were elected to the lower house of the Afghan Parliament.
IV.
Impunity and transitional justice
32.
Impunity remains the rule in Afghanistan, serving as a major impediment to building
rule of law and respect for human rights. While the Government committed to revising the
Action Plan for Peace, Reconciliation and Justice at the Kabul Conference in July, it has
sent mixed messages about its commitment to ensuring accountability for serious
international crimes and violations of human rights. As the gazetting of the Law on Public
Amnesty and National Stability became known at the end of 2009, the Afghan Independent
Human Rights Commission (AIHRC) and civil society repeated calls for the Law to be
revoked.
33.
Questions about governmental commitment to end impunity were also raised during
the initial stages of the Government’s efforts to create a sustainable peace, reintegration and
reconciliation process. Civil society activists and the AIHRC repeatedly stressed the need to
ensure that the process respect victims’ needs for justice as well as the imperative of
consolidating gains made in the constitution and legal framework that protect human rights,
particularly the rights of women. A Victim’s Jirga for Justice, held in May 2010, provided a
forum for those points to be made directly to the Government in advance of the
Government’s National Consultative Peace Jirga held in early June. Victims of serious
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