For Afghan Women, Rights Again at Risk

(Kabul) - When the United States and its allies went to war against the Taliban after the Sept. 11, 2001, attacks, "liberating the women of Afghanistan" was often cited as one of the reasons to seek "regime change." More than seven years later, however, the situation for Afghan women remains dire.

There have been some bright spots: Women now hold seats in the Afghan parliament, and millions of girls have been able to attend primary school. But educational gains plummet when girls hit secondary school, with just 4 percent of female students reaching 10th grade. Violence against women is endemic; women in public life are regularly threatened, and several have been assassinated.

Things got much worse recently when President Hamid Karzai officially promulgated legislation that would make the Taliban proud. Unfortunately, this is part of a pattern: As Karzai's government has grown weaker he has increasingly turned to some of society's most conservative elements for support.

The Shia Personal Status Law, the most egregious of a series of deals to appease fundamentalist religious leaders and former warlords, contains many provisions that are offensive to women. Custody rights are granted exclusively to fathers and grandfathers. A woman can leave the house without her husband's permission only if she has "reasonable legal reasons," which are unspecified. Yet the law does stipulate financial compensation to be paid by a man who rapes a child or a mentally ill woman, for her loss of virginity, while omitting any reference to a criminal punishment.

Karzai issued the law on July 27 with no public announcement. It came as little surprise that he tried to keep things quiet after the hammering his popularity took in April, when it first emerged that he had signed on to an earlier version of the legislation. President Obama and other world leaders denounced the law then. Even NATO's secretary general, Jaap de Hoop Scheffer, warned that public reaction in NATO member countries would be to withdraw support for sending their troops to fight in a country that treated women in such ways. Karzai responded by claiming that he had never seen the offending document -- the same excuse he gave last summer after he pardoned two well-connected gang rapists who had served just a fraction of their 11-year prison terms.

Under pressure, Karzai promised to review the legislation. This review led to some improvements, including the removal of an article that gave a man the right to have sex with his wife once every four nights. But many of the most repressive provisions remain. By enacting the law, the president has dashed hopes that official discrimination and the oppression of women by their own government was a thing of the past in Afghanistan.

To guarantee his reelection this week, Karzai has not only made deals with hard-line Shiite leaders but also has held out the prospect of cabinet seats to former warlords and abusive military commanders from all the main ethnic groups. Many of these aging warlords' attitudes toward women are little different from those of the Taliban.

Perhaps of more concern for women and girls is that Karzai is positioning himself as someone who can bring the Taliban and other fundamentalist factions back into the fold. Scant regard is being paid to what this would mean for Afghan women, who have worked courageously for the precious few freedoms they have won in recent years.

When I ask diplomats here what deals with the Taliban will mean for women, I get platitudes and assurances that officials are "only talking to those who sign up to the Afghan constitution." But if the president does not feel bound by the constitution's promise to make men and women equal before the law, should anyone believe it would constrain a former insurgent? As one female activist told me: "Deals with the Taliban will mean everything we have achieved in the last eight years could be lost. It will have been only a dream."

The Kabul government and its backers are supposed to be different from the people they are fighting. Yet with regard to women's rights, Afghans might conclude that there isn't as much difference between the two as they had hoped.

Western governments that expressed horror at Taliban misogyny only a few years ago should not fall silent. Many -- including the U.S. administration -- are uneasy about speaking out about this law so close to the presidential election. But that is just the response that Karzai hoped for. Afghan women want to participate in elections and have peace and security. The price for this should not be their rights.

by Rachel Reid

August 18, 2009

The writer is the Afghanistan researcher at Human Rights Watch.

Afghan, Pakistani Leaders Back Regional Power Project.

"Presidents Hamid Karzai of Afghanistan and Asif Ali Zardari of Pakistan gave crucial support Friday to a World Bank-backed $680 million regional electricity transmission project.... The two leaders issued a joint statement backing the Central Asia-South Asia electricity transmission and trade project -- code named CASA 1000 -- after talks in Washington with World Bank President Robert Zoellick...." [Agence France Presse (5/8)/Factiva]

UzReport.com adds that "...this is the first phase of a program to create a regional electricity market by facilitating electricity trade between the energy-resource rich countries of Central Asia, and the energy-deficit countries of Afghanistan and Pakistan in South Asia. A transmission link from Uzbekistan to Afghanistan was opened recently, and the planned CASA 1000 project will link Tajikistan and Kyrgyz Republic to South Asia...." [UzReport.com (Uzbekistan, 5/11)/Factiva]

Pajhwok Afghan News writes that "...the presidents recognized that the completion of CASA 1000... will catalyze additional energy investments and trade both in the four CASA countries as well as in the region. It could have a positive demonstration effect on other regional infrastructure projects between Afghanistan and Pakistan, such as the upgrading of the Peshawar-Kabul Road and the Peshawar-Kabul Rail Link, they believed...." [Pajhwok Afghan News (Afghanistan, 5/9)/Factiva]

NEW AFGHAN LAW COULD CURTAILS RIGHTS TO EDUCATION, GENDER EQUALITY – UNESCO HEAD

A new law that could be adopted by Afghanistan's Parliament on the status of Shiites in the South Asian nation undermines the right to education, the principle of gender equality and the rights of the child, the head of the United Nations Educational, Scientific and Cultural Organization (UNESCO) said today.

In a letter to Afghan President Hamid Karzai today, UNESCO Director-General Koïchiro Matsuura expressed concern that the draft legislation contravenes principles enshrined in the Universal Declaration of Human Rights, calling on the country's leader to prevent the law from entering into force.

UNESCO's constitution promotes universal respect for rights and fundamental freedoms "without distinction of race, sex, language or religion," and calls for education for all "without regard to race, sex or any distinctions, economic or social."

Further, the agency ensures that the rights and specific needs of women are taken into consideration in all of its programmes, stressing the importance of unrestricted access to education by girls and women as a precondition to social and economic development, Mr. Matsuura said.

In his letter, Mr. Matsuura welcomed the strides Afghanistan's Government has made in many areas, including education, which is recognized as a right in the country's constitution.

Earlier this month, the top UN human rights official called for the repeal of another new law in the country which she said seriously curtails women's rights, even explicitly permitting marital rape, and is a "huge step in the wrong direction."

The law regulates the personal status of the country's minority Shi'a community members, including relations between men and women, divorce and property rights.

It denies Afghan Shi'a women the right to leave their homes except for 'legitimate' purposes; forbids them from working or receiving education without their husbands' express permission; weakens mothers' rights in the event of a divorce; and makes it impossible for wives to inherit houses and land from their husbands, even if husbands can inherit property from their wives.

"This is another clear indication that the human rights situation in Afghanistan is getting worse, not better," said Navi Pillay, High Commissioner for Human Rights. "Respect for women's rights – and human rights in general – is of paramount importance to Afghanistan's future security and development."
________________

AFGHAN LAW RESTRICTING WOMEN’S RIGHTS REMINISCENT OF TALIBAN ERA – TOP UN OFFICIAL

A new law in Afghanistan seriously curtailing women's rights, even explicitly permitting marital rape, is a "huge step in the wrong direction," the United Nations human rights chief said today, calling for its repeal.

Not yet published, the law, which was passed by the two houses of Afghanistan's parliament before being reportedly signed by President Hamid Karzai earlier this month, regulates the personal status of the country's minority Shi'a community members, including relations between men and women, divorce and property rights.

It denies Afghan Shi'a women the right to leave their homes except for 'legitimate' purposes; forbids them from working or receiving education without their husbands' express permission; weakens mothers' rights in the event of a divorce; and makes it impossible for wives to inherit houses and land from their husbands, even if husbands can inherit property from their wives.

"This is another clear indication that the human rights situation in Afghanistan is getting worse, not better," said Navi Pillay, High Commissioner for Human Rights. "Respect for women's rights – and human rights in general – is of paramount importance to Afghanistan's future security and development."

That such a law has been passed in 2009 targeting women in this manner is "extraordinary, reprehensible and reminiscent of the decrees made by the Taliban regime in Afghanistan in the 1990s," she stressed.

Afghanistan's Shi'a community, composed mainly of the Hazara minority, comprises some 10 per cent of the country's total population, and the new law has the strong support of the Hazaras' male leadership, even though it has been vigorously opposed by others in the group as well as Afghan human rights campaigners.

There are concerns that the law will set precedents adversely affecting all Afghan women.

In addition to women's rights, there have been other setbacks to the country that have been undermining efforts to consolidate the rule of law in Afghanistan, such as both freedom of expression by the media and civil society activists being increasingly threatened, Ms. Pillay said.
________________

AFGHANISTAN: FLAWED ELECTIONS COULD ROLL BACK PROGRESS, WARNS BAN

Too much is at stake for Afghanistan's upcoming presidential elections to be flawed, Secretary-General Ban Ki-moon stressed today, calling on the international community to support efforts to consolidate stability in the war-torn nation.

"We know from experience that the second cycle of post-conflict elections can be even more difficult than the first," Mr. Ban said, opening the International Conference on Afghanistan in The Hague.

"Too often, flawed elections have led to greater instability. This cannot be allowed to happen in Afghanistan," he added, calling on the country's leaders to ensure that the Government is effective and functioning until the start of the next presidential term.

The Secretary-General pointed to numerous successes made so far, including slashing poppy cultivation and improving the health sector, urging continued support for the nation to make concrete achievements in key areas, such as boosting agricultural productivity and combating organized crime.

"We cannot afford to fail in this endeavour," he stressed. "Failure would be a betrayal of the Afghan people. It would be a betrayal of the progress that has been achieved."

The media portrays the situation as being bleaker than it is in reality, resulting in pessimism among policy-markers, Mr. Ban said at the one-day gathering drawing dozens of countries and organizations.

"We must avoid an attitude that focuses mainly on setbacks of the past, and learn to recognize the positive signs of progress," he said, underlining the importance of seizing opportunities for improvement.

The deployment of additional troops will lead to both a peaceful electoral environment and additional trainers for the national security forces, he noted, commending United States President Barack Obama's new strategy focusing on increasing military commitment, bolstered institution-building and improved cooperation with authorities in Afghanistan and Pakistan.

While in The Hague, the Secretary-General met today with Afghan President Hamid Karzai to discuss the presidential elections slated for August; democracy; the mandate of Mr. Ban's Special Representative, Kai Eide; and the role of the UN Assistance Mission in Afghanistan (UNAMA).

Mr. Ban also had bilateral talks regarding how the international community can support Afghanistan with Canadian Foreign Minister Lawrence Cannon; Belgian Foreign Minister Karel De Gucht; Australian Foreign Minister Stephen Smith; Chinese Vice Foreign Minister Wu Dawei; and the Secretary-General of the North Atlantic Treaty Organization (NATO), Jaap de Hoop Scheffer.

Last week, the Security Council voted to extend UNAMA's mandate, reaffirming the "central role" of the world body in bringing peace to the country, the Secretary-General said at today's conference.

"We take this responsibility very seriously," he said, pledging the UN's continued support to protect human rights and food security, and improve the rule of law and governance, among other areas.

The Afghan people demonstrated their resilience in facing many daunting challenges, such as poverty, natural disaster, political repression, foreign repression and civil strife, Mr. Ban stated.

"In recent years, Afghans have moved decisively along a new path, toward a new vision for their future," he said. "Our responsibility is to help them secure that vision."

Mr. Eide, who also heads UNAMA told the gathering that promising developments in Afghanistan are a result of the hard work of both Afghan officials and a strong civilian and military international presence.

"Our common efforts are yielding results," he said. "This is not the time to hesitate but to stand firm in our commitments."

Coordination must be improved, since "our efforts are still too fragmented and do not provide the impact we seek," said Mr. Eide. "The UN must do more, yes, and we are ready to do more to deepen our role and expand our presence around the country."
________________

AFGHAN PRESIDENT KICKS OFF UN-BACKED POLIO IMMUNIZATION DRIVE

AFGHAN PRESIDENT KICKS OFF UN-BACKED POLIO IMMUNIZATION DRIVE
New York, Mar 16 2009 11:00AM

President Hamid Karzai has kicked off a United Nations-backed polio vaccination drive targeting some 7.7 million children in Afghanistan, one of four countries, along with India, Nigeria and Pakistan, where the disease is still endemic.

By administering the vaccine to children at the presidential palace yesterday, Mr. Karzai launched the campaign, which is led by the Afghan Ministry of Health and supported by the UN Children's Fund (UNICEF) and the World Health Organization (WHO).

Afghanistan has had four confirmed polio cases so far this year: three from Shahwalikot, Panjwai and Daman districts of Kandahar province, and the fourth from Nadeali district in Helmand.

More than 50,000 staff are engaged in the three-day campaign, covering all 34 provinces and aiming to protect the country's children from the highly infectious, often paralyzing and sometimes fatal disease.

Contracted through contaminated food, water and faeces, polio mainly affects children under five, attacking the nervous system. One in 200 infections leads to irreversible paralysis, usually in the legs, and among those paralyzed, five to 10 per cent die when their respiratory muscles become immobilized.
________________

UPCOMING ELECTIONS POSE CRUCIAL TEST FOR AFGHANISTAN – UN REPORT

UPCOMING ELECTIONS POSE CRUCIAL TEST FOR AFGHANISTAN – UN REPORT
New York, Mar 13 2009 2:00PM

The Government and people of Afghanistan, as well as their international partners, face a critical test in 2009, as the fledgling democracy prepares to hold credible elections over the coming months, according to a United Nations report released today.

The country's Independent Electoral Commission has set 20 August as the date for the elections, three months after the presidential term expires on 22 May. This has generated "constitutional uncertainty" over the President's legitimacy after 22 May, Secretary-General Ban Ki-moon writes in his latest report on Afghanistan.

"There is no higher responsibility in Afghanistan right now than that of the three branches of government to find a solution to the constitutional issue in a way that ensures the existence of a functioning Government between 22 May and the inauguration of the next presidential term," he stresses.

He notes that preparations for the 20 August polls will likely take place during a period of intensified fighting, and says that the elections must be held in as secure an environment as possible, where the freedoms of expression, media and assembly that democracy requires are guaranteed as much as possible.

While there are reasons to believe that security in Afghanistan may worsen, there are also some reasons for optimism, Mr. Ban states, adding that a judicious deployment of additional international troops to provide security for the Afghan people would be a welcome development.

Despite the reports of violence and instability, there are also some key areas of progress that are "neither accidental nor negligible" and should not be overlooked, he says. These include strengthening Afghanistan's own security services and efforts to lower poppy production.

The Secretary-General also recommends a 12-month extension of the mandate of the UN Assistance Mission in Afghanistan (UNAMA), which is set to expire on 23 March, noting that support for the electoral process is particularly relevant over the coming months.
________________

TOP UN ENVOY TO AFGHANISTAN WELCOMES AUGUST ELECTION DATE

TOP UN ENVOY TO AFGHANISTAN WELCOMES AUGUST ELECTION DATE
New York, Mar 4 2009 10:00AM

The top United Nations envoy to Afghanistan today welcomed the decision by the country's Independent Election Commission (IEC) reaffirming 20 August as the date of the 2009 presidential and provincial council elections, stressing that this will allow time for the necessary preparations for the polls.

"This date will provide the time needed for the IEC with the support of the international community to make practical and logistical preparations, for candidates to campaign, and for Afghan and international forces to provide security," the Secretary-General's Special Representative, Kai Eide, said in a statement issued in Kabul.

The decision by the Commission comes just days after Afghan President Hamid Karzai reportedly called for the elections to be moved up to April.

Mr. Eide, who also heads the UN Assistance Mission in Afghanistan (UNAMA), said the holding of elections is of paramount importance for consolidating democracy in the country. "Therefore, I emphasize the need for broad consensus so that the election process can move forward in a way that ensures the political stability of the country and the legitimacy of its institutions."

The Special Representative also stressed the need for the elections to be transparent and credible, noting the shared responsibility of Afghan authorities and the international community to this end.

Pledging that the UN will do its utmost to contribute to this effort, Mr. Eide said he will continue to meet Afghan political leaders in the coming days "with a view to achieving national consensus for these elections to take place in a credible and organized way."
________________