“To what extent has there been substantive change in the rights of
women under the Karzai government in Afghanistan?”
Zeenia Framroze
Candidate Number: 1437038
Human Rights
Total Word Count: 3885
Abstract
In the last century, Afghanistan has undergone significant change in its international
position, domestic society and security. Afghan women have often been caught in the
crossfire. Today, the Karzai government hopes to reconcile with the misogynistic
Taliban. At this pivotal moment in history, one questions whether President Karzai’s
policies have done enough to protect and restore the rights of women that have been
steadily eroded over the last twenty years. As a feminist myself, I wished to explore to
what extent has there been substantive change in the rights of women under the
Karzai government in Afghanistan?
Being a constantly evolving area of study, the research to answer this question came from
an extensive list of primary and secondary sources. Various government documents,
news articles, United Nations reports, books and Human Rights journals were used to
examine what change has been seen in the rights of women since the era of the Taliban.
The paper examines change in three spheres; the change seen in the context of
international human rights declarations; the change in the legal rights of women; and the
change in the natural rights of women.
The unfortunate conclusion is that there has been little substantive change in all three
spheres under the Karzai government. The small improvements seen have not been
widespread, geographically or across ethnicities. However, the blame for this lack of
substantive change is not attributable to Karzai alone; various sections of this paper will
discuss how the lack of women’s rights in Afghanistan might in part be due to a historic
practice of subjugating women in the country. Women’s rights in Afghanistan have long
been a delicate issue; the government must work to reintegrate women into Afghan
society, so they can occupy a free, stable and safe position in society once more.
Word Count: 298
Table of Contents
Page Number
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TO WHAT EXTENT HAS THERE BEEN SUBSTANTIVE CHANGE IN THE RIGHTS OF WOMEN
UNDER THE KARZAI GOVERNMENT IN AFGHANISTAN?
Introduction
Conflict has been ubiquitous in the history of Afghanistan. Throughout its history,
Afghanistan has been an amalgamation of ethnicities with great tensions between them.
Various problems have plagued Afghanistan, problems that have prevented the
development of a stable economy and government, and an acceptable reputation of
human rights. Various socio-political conditions have contributed to the country’s
instability, particularly in the realm of human rights: first, one must note that modern
Afghanistan has had groups vying for power since the time of King Mohammed Nadir
Shah (1933-1979), through the Soviet occupation (1979-1989), through the Afghan Civil
War (1996-2001) to the current elected government of Hamid Karzai; even today,
Karzai’s power is not absolute and is still threatened by mujahideen1 turned warlords who
are “not only complicit in drug-running and corruption, but according to Afghanistan’s
Human Rights Committee, they are also guilty of abusing and harassing the population”;2
second, by virtue of its geographic location, the country represents a convergence of
many cultures, Afghans have many ethnic and linguistic differences that often cause
internal conflicts;3 and finally, one must understand that the fairly weak Afghan economy
has resulted in scattered degrees of infrastructure development, which has resulted in
uneven improvement of social conditions in the country: the most commonly discussed
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1
Translated literally into “those engaged in jihad” but most closely associated “with members of a number of guerrilla
groups operating in Afghanistan that opposed invading Soviet forces and eventually toppled the Afghan communist
government during the Afghan War (1979–92).” Encyclopaedia Britannica. Encyclopaedia Britannica Online School
Edition. Encyclopaedia Britannica, 2010. Web. 6 May 2010 <http://www.school.eb.com/eb/article-9472910>.
2
Gannon, Kathy. "Afghanistan Unbound." Council on Foreign Relations: Foreign Affairs Vol. 38. No. 3 (2004): 3546. JSTOR. Web. 26 Feb. 2010. pp. 40
3
Emadi, Hafizullah. Repression, Resistance, and Women in Afghanistan. Westport, CT: Praeger, 2002. Questia. Web.
26 Feb. 2010. pp. 95
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disparities in relation to human rights are the rights of women in urban versus rural areas,
and the status of women in different ethnic groups.
Women under the Taliban:
The purpose of this investigation is to examine the extent to which there has been a
substantive change in the status of women under the Karzai government. The study will
exclude the eras of the Shah and the Soviets and will focus on the change from the rule of
the Taliban (under whom women’s rights have likely been most violated) to the Karzai
government, which has been in power since 2003. To examine such change, one must
examine what rights were available to women during the Taliban rule – the generally
accepted response being few to none. Giving succour to terrorists was only one of their
crimes; the Taliban’s war on women extended far and wide. With no constitution or rule
of law, municipal authorities used the Taliban interpretation of Shari’a law, which is an
ultra-orthodox branch of Islamic Law. Women were forced to wear the burqa, were not
allowed to wear high-heeled shoes or to be seen in public without a male blood relative
and were largely prohibited from working. Since women were not allowed out in public,
women’s physical and mental health suffered tremendously under the Taliban.4 With no
judicial system but their own, the Taliban “terrorized the city of Kabul by publicly
punishing alleged wrongdoers in the Kabul sports stadium and requiring public
attendance at the floggings, shootings, hangings, beheadings, and amputations.”5 To
summarize, women had few social, civil, legal, political or economic rights under the
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4
Iacopino, Dr. Vincent, and Zohra Rasekh. "The Taliban's War on Women: A Heath and Human Rights Crisis in
Afghanistan." Physicians for Human Rights 5 (1998): 30. Print.
5
Mainly those accused of the crimes of adultery and immodesty. Nedeau, Jean. "Afghanistan Works to Pass
Elimination of Violence Against Women Act."Women's Rights | Change.org. 3 Oct. 2009. Web. 30 Aug. 2010.
<http://womensrights.change.org/blog/view/afghanistan_works_to_pass_elimination_of_violence_against> and
Amnesty International. "Afghanistan: public executions and amputations on increase - Amnesty International."
Amnesty International in Asia and the Pacific - Home, 13 Mar. 1998. Web. 6 May 2010.
<http://asiapacific.amnesty.org/library/Index/ENGASA110051998?open&of=ENG-AFG>.
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Taliban and suffered tremendously.
Defining “substantive change:”
Having summarized the evidence of the Taliban’s ‘War on Women,’ substantive change
can now be defined. For change to be substantive, women must have more legal rights6
and more natural rights now than during the reign of the Taliban;7 the change must also
be taking place throughout the country; and the change must not only be in the rhetoric of
the Karzai government, but also in the reality of their policies. Another aspect of defining
substantive change will be to look at the progress Afghanistan has made in achieving the
aims set out in the Universal Declaration of Human Rights (UDHR) and the Declaration
of Elimination of Violence Against Women (EVAW). This paper will be divided into
three parts: the first will examine Afghanistan’s progress (pertaining to women’s rights)
in carrying out the aims of the international human rights conventions it has signed, the
second will discuss the legal rights of women, and the third will explore the natural rights
of women in Afghanistan today.
One of the inherent questions of this investigation is “why are the rights of these women
significant of study?” First, it must be acknowledged that the human rights of any group
must always be measured to: (a) describe, monitor and document violations; (b) classify
different types of violations; (c) map and recognize patterns of violations over space and
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6
“Legal rights are, clearly, rights which exist under the rules of legal systems.” "Legal Rights (Stanford Encyclopedia
of Philosophy)." Stanford Encyclopedia of Philosophy. 20 Dec. 2001. Web. 02 Sept. 2010.
<http://plato.stanford.edu/entries/legal-rights/>.
7
“The political theory that maintains that an individual enters into society with certain basic rights and that no
government can deny these rights.” Tuck, Richard. Natural Rights Theories: Their Origin and Development.
Cambridge Eng.: Cambridge UP, 1979. Print.
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time; and (d) provide secondary analysis to provide explanations for violations and policy
solutions for reducing them in the future.8 In addition to the accepted reasons for
measuring human rights, the study of women’s rights in Afghanistan is particularly
pertinent for several reasons. First, one must observe what change there has been as a
result of government policy. From the reign of the Shah to the current Islamic Republic,
Afghanistan has seen tumultuous change in its rulers since the early 1900s. Through this
turbulence, the status of women has been caught in the crossfire. This study is relevant
because it will help us understand whether the Karzai government plays a significant role
in bettering the status of women, or whether the socio-cultural and religious practices and
beliefs of Afghanistan inherently subjugate women. Another point of relevance of this
investigation will be the analysis of whether or not international conventions and
demands have had the desired, substantive effect on the decisions of the Afghan
government. Finally, an important if somewhat controversial benefit of this investigation
will be its analysis of the culture of the Islamic Republic, and the complicated
relationship between Islam in this region and the treatment of women.
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8
Landman, Todd. "Measuring Human Rights: Principle, Practice, and Policy." The Johns Hopkins University Press:
Human Rights Quarterly Vol. 26. No. 4 (2004): 906-931. JSTOR. Web. 26 Feb. 2010. pp. 909
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The Rights of Afghan Women from an International Perspective
In order to effectively conclude what change has occurred, this investigation will
examine Karzai’s policies on the macro and micro levels. This section of the
investigation shall examine how the rights of women have changed on an international
level, by comparing the current rights granted to women in Afghanistan, to those set out
by international human rights conventions. Evidence has shown that Karzai’s actions
have been insufficient in meeting the terms set out by the Universal Declaration of
Human Rights and the Declaration on the Elimination of Violence Against Women.
In 2003 the convened loya jirga included a clause in the Constitution stating that the
country would abide by the UDHR.9 EVAW was poised to be passed in June 2009;
however, only a watered down version of this declaration was passed in Parliament.10
The Taliban had never signed any international conventions and pursued their own form
of law. Though the fact that the Karzai government has agreed to sign the Universal
Declaration of Human Rights shows a definitive change in approach and ideology,
Karzai’s government has been clearly unable to meet the most fundamental of the
demands set out by the two declarations.
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9
National Council
Nedeau, Jean. "Afghanistan Works to Pass Elimination of Violence Against Women Act."Women's Rights |
Change.org. 3 Oct. 2009. Web. 30 Aug. 2010.
<http://womensrights.change.org/blog/view/afghanistan_works_to_pass_elimination_of_violence_agains
10
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Karzai’s adherence to International Human Rights Declarations:
Though the UDHR and EVAW have been absorbed into the Constitution, in practice, the
Karzai government is in violation of several of their Articles.11 Women in Afghanistan
are not born “free and equal in dignity and rights;” they do not enjoy the rights in the
Declaration because of their gender; they live in constant jeopardy, fearing for their “right
to life, liberty and security;” they are bought and sold like commodities on exchange and
they have and continue to suffer “inhuman, degrading treatment and punishment.”
Though these are bold statements to make, several reports by NGOs and journals have
detailed the social plight of the Afghan women, which shall be further detailed in other
sections of this investigation. In Afghanistan’s patriarchal society, female infanticide is
an established practice and girls are considered to be unequal and inferior to men.12 In
reference to Article 4, the most commonly discussed aspect of Afghan culture today is
the bride price, a process in which women are bought and sold for marriage like
commodities on an exchange.13
Karzai’s International Reputation and the Reconciliation with the Taliban:
Karzai’s reputation on the international stage is another indicator of whether substantive
change has been occurring in the country. Often touted as a “puppet” of the NATO
forces, Hamid Karzai has been subject to both national and international scrutiny.14 The
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##!"The Universal Declaration of Human Rights." Article 1, 2, 3, 4, 5. 10 Dec. 1948. Web. 30 Aug. 2010.
<http://www.un.org/en/documents/udhr/index.shtml> and "A/RES/48/104. Declaration on the Elimination of Violence
against Women." Article 2(b), . 20 Dec. 1993. Web. 30 Aug. 2010.
<http://www.un.org/documents/ga/res/48/a48r104.htm>.!
12
Ellis, Deborah. Women of the Afghan War. Westport, CT: Praeger, 2000. Questia. Web. 26 Feb. 2010.
13
Emadi, Hafizullah. Repression, Resistance, and Women in Afghanistan. Westport, CT: Praeger, 2002. 21015. Questia. Web. 26 Feb. 2010.
14
Anderson, Becky. "Karzai: Terrorists Could Regain Control - CNN.com." CNN.com - Breaking News, U.S., World,
Weather, Entertainment & Video News. 26 Jan. 2008. Web. 30 Aug. 2010.
<http://www.cnn.com/2008/WORLD/europe/01/25/karzai.interview/index.html>.
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Taliban represent an era of darkness for women in Afghanistan, a time when they were
forbidden from attending school, working and socializing; Karzai essentially ought to be
working with NATO forces and the Afghan military to rid the country of Talibanist
influences. On his second Inauguration Day in 2009, Karzai promised to rid the country
of corruption and create a safe environment for each Afghan.15 However, Karzai’s
rhetoric is far from the reality of the situation in Afghanistan. Though he has made
international promises to better human rights, in June 2010 he made a speech imploring
the “dear Taliban” to be “welcome in their own soil” and “come to us,” as “they
[Taliban] are normal people. They are just like you. But they are afraid they don’t have a
place here. Personally, I know these kinds of people. … During jihad some were my
friends.”16 This benign, endearing speech exemplified Karzai’s lack of commitment to
improving women’s rights; it is believed that women in any Taliban controlled area
already suffer grave consequences and restrictions. A conciliatory speech indicating that
Karzai wishes to negotiate with the Taliban and reintroduce them into Afghan society
implies that securing the rights of women is much lower on Karzai’s agenda.17
The policies laid out by these international human rights documents are not properly
translated into practice by the Karzai government. The government has been incapable
of ensuring even the most fundamental rights to women under the Universal Declaration
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15
Verma, Sonia. "Karzai Calls on 'dear Taliban' to Make Peace with His Government - The Globe and Mail." The
Globe and Mail - The Globe and Mail. 27 July 2010. Web. 30 Aug. 2010.
<http://www.theglobeandmail.com/news/world/karzai-calls-on-dear-taliban-to-make-peace-with-hisgovernment/article1590191/>.
16
Verma, Sonia. "Karzai Calls on 'dear Taliban' to Make Peace with His Government - The Globe and Mail." The
Globe and Mail - The Globe and Mail. 27 July 2010. Web. 30 Aug. 2010.
<http://www.theglobeandmail.com/news/world/karzai-calls-on-dear-taliban-to-make-peace-with-hisgovernment/article1590191/>.
17
Reid, Rachel. The "Ten-Dollar Talib" and Women's Rights. Rep. Human Rights Watch, 13 July 2010. Web. 9 Aug.
2010. <http://www.hrw.org/en/reports/2010/07/13/ten-dollar-talib-and-women-s-rights>. pp. 38
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of Human Rights and the Declaration on the Elimination of Violence Against Women.
Karzai’s international reputation and recent reconciliation with the Taliban does not lend
any credence to his supposed commitment to the betterment of the status of women.
Therefore through an international lens, the Karzai government has failed to create
substantive change for the women of Afghanistan.
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The Legal Rights of Women in Afghanistan
To analyse to what degree the rights women possess in Afghanistan has changed, one
must examine the legal rights of women. According to the Human Rights Quarterly
(2008), legal rights consist of economic rights - the right to work and form unions- and
civil rights - habeas corpus, fair trials, no torture, no arbitrary detention, marital rights.18
The Taliban denied women any legal rights whatsoever;19 there has obviously been
change in this context, as men and women are both granted equal rights under the Afghan
Constitution of 2003. However, this study will examine how real this change has been –
whether women possess the rights given to them in the Afghan Constitution, and whether
women have truly been allowed to re-integrate into public and visible Afghan society.
The Economic Rights of Women:
The economic rights of women have seen scattered improvement. Under the Taliban,
severe restrictions on movement, dress and work were in place. A woman was expected
to follow chardari20, and be a homemaker that was “neither seen nor heard.”21 Today, it
would appear that women have returned to the workforce (at least in Kabul);
organizations such as the “Revolutionary Association of the Women of Afghanistan”
have introduced vocational training for women to help them re-assimilate into Afghan
society.22 The NGO presence has been instrumental in giving women job opportunities as
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18
Landman, Todd. "Measuring Human Rights: Principle, Practice, and Policy." The Johns Hopkins University Press:
Human Rights Quarterly Vol. 26. No. 4 (2004): 906-931. JSTOR. Web. 26 Feb. 2010. pp. 909
19
Ellis, Deborah. Women of the Afghan War. Westport, CT: Praeger Publishers, 2000. Questia. Web. 26 Feb. 2010.
20
The practice of “seclusion” imposed upon women in Afghanistan, in which women are required to be covered at all
times, and be in the home at all times. Emadi, Hafizullah. Repression, Resistance, and Women in Afghanistan.
Westport, CT: Praeger, 2002. Questia. Web. 26 Feb. 2010. pp. 123
21
Riphenburg, Carol J. "Post-Taliban Afghanistan: Changed Outlook for Women?" Asian Survey44.3 (2004): 40103. JSTOR. Web. 13 Feb. 2010.
22
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The Revolutionary Association of the Women of Afghanistan (RAWA). Web. 09 Aug. 2010. <http://www.rawa.org/>.
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social workers.23 Intertwined with the issue of economic rights is the right to education;
now, women comprise up to 30% of universities in Afghanistan (mainly in and
surrounding Kabul), a great deal better than the 0% during the reign of the Taliban.24 The
number of women who are becoming teachers, doctors, NGO leaders, and
businesswomen is evidence of substantive change from the Talibanist mindset.
However, this progress has not come without significant setbacks and scrutiny. In the last
few years prominent Afghan women have been murdered in urban areas: provincial
counsellor and peace activist, Sitara Achakzai, senior (and sole female) police
commander Malalai Kakar, journalist Zakia Zaki and women’s affairs director Safia
Amajan.25 The perpetrators of these murders have still not been brought to justice.
Furthermore, an estimated 80% of the Afghan population lives in rural areas.26 Women
who work in rural, Taliban controlled areas receive “night letters”27 and threats on a
regular basis. Women working with government organizations have been thrust into
financial crisis: “I was working with X one-and-a-half years ago. But after the threats that
the Taliban was giving to the people and me, I stopped working. They were giving
warnings to the community elders saying that women are not allowed to go out,
questioning how the elders could allow women to work. I have to feed my children. My
husband also does not have work. We are in a very difficult situation (financially),” says
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23
The Revolutionary Association of the Women of Afghanistan (RAWA). Web. 09 Aug. 2010. <http://www.rawa.org/>.
"South Asia: Afghanistan." The World Factbook. Central Intelligence Agency, 21 Apr. 2010. Web. 7 May 2010.
<https://www.cia.gov/library/publications/the-world-factbook/geos/af.html>.
25
Reid, Rachel. "The “Ten-Dollar Talib” and Women’s Rights."Human Rights Watch (2010): 5. Human Rights Watch:
Publications. Web. 9 Aug. 2010.
26
Afghanistan: National Reconstruction and Poverty Reduction — the Role of Women in Afghanistan’s Future. “Work
and Employment.” Publication. Washington: World Bank, 2005. Print. pp. 1
27
Warning letters that the Taliban leave nailed to the doors of “blasphemous individuals.”
24
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Hooriyah H. from an eastern province of Afghanistan28. The Taliban threats have led to a
loss of employment for both men and women. In the Kunduz province, in April 2010,
over 100 women and teachers fell ill, after the school had received night letters and
threats for weeks.29 Though no forensic evidence was collected, most concluded that the
“enemies of the people” had attacked them. This tactic, combined with the Taliban’s
current attack on girl’s education, has hampered the economic rights of women in rural
provinces. Girls drop out of school, as parents fear they will be “beheaded or have acid
thrown on their faces” on their way to school.30 The misogynistic attitude of men in such
provinces has prevented the Karzai government from having any impact on the economic
rights of women in such areas.
In conclusion, the economic rights of women have seen some positive change. However,
these changes have not been universal, consistent or widespread, and hence they cannot
be seen to be substantive in accordance with the parameters of this paper.
The Civil Rights of Women:
The situation regarding the civil rights of women is a far more precarious one. To have
civil rights for all, a concrete, judicially independent system of civil law must be in place.
Unfortunately, a critical discrepancy lies in the very first Article of the Afghan
Constitution that asserts that, “Afghanistan is an Islamic Republic, independent, unitary
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28
Reid, Rachel. The "Ten-Dollar Talib" and Women's Rights. Rep. Human Rights Watch, 13 July 2010. Web. 9 Aug.
2010. <http://www.hrw.org/en/reports/2010/07/13/ten-dollar-talib-and-women-s-rights>. pp. 31
29
Human Rights Watch telephone interview with local diplomat, May 6, 2010.
30
Copy of night letter given to Human Rights Watch by officials in Kapisa province, February 2010.
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and indivisible state.”31 The Constitution describes a system of civil law but also states
that no law may contradict the beliefs and tenets of Islam. Though the Afghan
Constitution does not specifically mention Shari’a Law, it is reported that a system of
Hanafi Law (one of the six branches of Shari'a Law) has been practiced since 1977.32
“The Hanafi school of Islamic jurisprudence was founded by Abu Hanifa in about
A.D.700. In its mission to apply Islamic tenets to everyday life, it makes considerable use
of reason or opinion in legal decisions.”33 This final aspect of the Hanafi school of Islam
was particularly appealing during the time of the Taliban, as it permitted the institution of
a subjective, warped judicial system. Today, the ambiguity of the interpretation of
“Islamic Law” allows courts in Afghanistan to manipulate the legal system by making
“considerable use of their reason or opinion.”34 In August 2010, the national Ullema
council in Afghanistan had issued a joint statement calling for greater punishment under
Shari’a law (more lashings, amputations and stoning), citing their loyalty to carry forward
the tenets of “Islamic Law.”35 This same Islamic Law denies women equal marital rights,
allowing men to divorce their wives with the simple repetition of “talaq, talaq, talaq” in
front of two male witnesses.36 This constitutional discrepancy has led to widespread
dismissal of women’s pleas and appeals in court, and has further worsened the already
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31
Constitution of Afghanistan. Article 1. Kabul: Transitional Islamic State of Afghanistan, Constitutional Commission
Secretariat, 2004. The Constitution of Afghanistan. 01 May 2004. Web. 9 Aug. 2010.
<www.supremecourt.gov.af/PDFiles/constitution2004_english.pdf>.
32
Kamali, Mohammad Hashim. "Matrimonial Law." Law in Afghanistan: A Study of the Constitutions, Matrimonial
Law and the Judiciary (Social, Economic and Political Studies of the Middle East and Asia ... Studies of the Middle
East and Asia , No 36). Koninklijke Brill NV, Leiden, The Netherlands: Brill Academic Publishers, 1997. 150-178.
33
"Hanafi Islam."GlobalSecurity.org - Reliable Security Information. N.p., n.d. Web. 30 July 2010.
<http://www.globalsecurity.org/military/intro/islam-hanafi.htm>.
34
Afghanistan: National Reconstruction and Poverty Reduction — the Role of Women in Afghanistan’s Future. “Legal
Rights and Voice.” Publication. Washington: World Bank, 2005. Print. pp. 6
35
Sahak, Sharifullah. "In Bold Display, Taliban Order Stoning Deaths." New York Times. 16 Aug. 2010. Web. 26 Aug.
2010. <http://www.nytimes.com/2010/08/17/world/asia/17stoning.html>.
36
Kamali, Mohammad Hashim. "Matrimonial Law." Law in Afghanistan: A Study of the Constitutions, Matrimonial
Law and the Judiciary (Social, Economic and Political Studies of the Middle East and Asia ... Studies of the Middle
East and Asia , No 36). Koninklijke Brill NV, Leiden, The Netherlands: Brill Academic Publishers, 1997. 150-178.
36
"Hanafi Islam."GlobalSecurity.org - Reliable Security Information. N.p., n.d. Web. 30 July 2010.
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arbitrary executive branches’ interpretation of women’s rights. Having failed to initiate
substantive change in the system of law that was followed by the Taliban, the Karzai
government has not proven its desire to institute change at the highest level.
To exemplify his personal commitment to including women in the legal framework of
Afghanistan, Karzai should be ensuring several things:37 that women are represented at
all decision-making levels; that women are represented in the recent government
negotiations with insurgent groups; and that during negotiations, those against whom
there are credible criminal allegations of war crimes are excluded from the proposed
reconciliation process. Unfortunately, Karzai’s recent reconciliation attempts have
proceeded without these assurances for women. Instead, the Minister of Economy, Abdul
Hade Arghandilwal, reportedly told a gathering of women leaders that they would have to
“sacrifice their interests” for the sake of peace in the country.38 One activist explained,
“We women don’t have guns and poppies and we are not warlords, therefore we are not
in the decision-making process.”39 After much sacrifice, women seemed to have made a
few modest gains from 2003 to 2009: they were allowed to be present in court and were
not persecuted in absentia. Overall, the Karzai government has failed in its mission have
legal frameworks in place to protect women. For example, in 2009, Karzai approved a
law that, according to the UN, sanctioned marital rape.40 In March 2009, he approved the
Shia Personal Status Law, which denied Shia women numerous rights, including child
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37
Reid, Rachel. The "Ten-Dollar Talib" and Women's Rights. IV. Recommendations. Rep. Human Rights Watch, 13
July 2010. Web. 9 Aug. 2010. <http://www.hrw.org/en/reports/2010/07/13/ten-dollar-talib-and-women-s-rights>. pp.
59.
38
The "Ten-Dollar Talib" and Women's Rights. pp. 6
The "Ten-Dollar Talib" and Women's Rights. pp. 6
40
Gebauer, Matthias. "Inauguration Day in Afghanistan." Spiegel Online. 19 Nov. 2009. Web. 9 Aug. 2010.
<http://www.spiegel.de/international/world/0,1518,662220,00.html>.
39
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custody and freedom of movement.41 Furthermore, Karzai provided presidential pardons
for two convicted gang rapists.42 The civil rights of women have definitively not
improved: women are not involved in the legal decision-making process and are likely
going to suffer further as a result of the reintegration of the Taliban.43
In summation, the legal rights of women have not seen substantive change because of a
lack of a legal framework in which women are not discriminated against and a
government mindset that does not indicate its support for increased women’s rights.
Women need to be granted greater freedom on a wider scale in Afghanistan.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
41
The "Ten-Dollar Talib" and Women's Rights. pp. 7
Gebauer, Matthias. "Inauguration Day in Afghanistan." Spiegel Online. 19 Nov. 2009. Web. 9 Aug. 2010.
<http://www.spiegel.de/international/world/0,1518,662220,00.html>.
43
Stengel, Richard. "The Plight of Afghan Women: A Disturbing Picture." TIME.com. 29 July 2010. Web. 01 Sept.
2010. <http://www.time.com/time/world/article/0,8599,2007269,00.html>.
42
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The Natural Rights of Women in Afghanistan
The third aspect of women’s rights to be examined is their natural rights. This
investigation shall examine two components of natural rights: social rights (access to
healthcare) and cultural rights (perception of women by society).44
One key facet in measuring the change in the natural
rights of women is analysing the social structure of
Afghanistan. This is particularly interesting due to
the beliefs and perceptions that different ethnic
communities have. The Afghan population is made of
nearly 55 distinct ethnic groups. Four of these
account for a large majority45: Pashtun (42%), Tajik
(27%), Hazara (9%) and Uzbek (9%).46 Historically,
Pashtuns have always been in control of the
government, and current-day Afghanistan is no different: warlords agreed to the
appointment of Karzai because he was an ethnic Pashtun with no militia of his own.47
The Perception of Women within Afghan Ethnic Groups:
Pashtuns and Tajiks are both religiously oriented as Hanafi Sunnis. Thus in Abrahamic
tradition, God is deemed to have created man and made woman from his rib. This is
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
44
Landman, Todd. "Measuring Human Rights: Principle, Practice, and Policy." The Johns Hopkins University Press:
Human Rights Quarterly Vol. 26. No. 4 (2004): 906-931. JSTOR. Web. 26 Feb. 2010. pp. 909
45
"Power Shifts in Afghanistan: Language and Ethnicity." Map. PBS. 9 Sept. 2004. Web. 12 Sept. 2010.
<http://www.pbs.org/wnet/wideangle/episodes/hell-of-a-nation/power-shifts-in-afghanistans-history/1284/>.
46
"Inside Afghanistan." The Chicago Tribune. 30 Sept. 2001. Web. 02 Sept. 2010.
<http://articles.chicagotribune.com/2001-09-30/news/0110060160_1_afghanistan-facts-and-figures-invaders>.
47
Emadi, Hafizullah. Repression, Resistance, and Women in Afghanistan. Westport, CT: Praeger, 2002. Questia. Web.
26 Feb. 2010. pp. 123
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further interpreted as God’s sanctioning of women’s submission and obedience towards
men, because men are believed to be worthier than women.48 Though some tribes do treat
their women with respect, the patriarchal nature of Afghan society has led to the vigorous
defence of male superiority. Women who are compliant with men are referred to as
pakdaman (pure), bahaya (modest), and pardarda (noble). On the other hand, acclaimed
poets write that men should “Close the door of happiness in a house, where one hears
women’s loud voices.”49 This tragic but well-established perception of women has laid
the foundations for much of the denial of women’s natural rights.
The Karzai government has been able to effect little change in this perception; it appears
so ingrained in society. Pashtun society has unwritten but strict rules about the manners
and conduct of women; for example, if a woman of a strict Pashtun family talks to a
stranger or is suspected of complicity in a sexual affair, she could be sentenced to an
“honour killing” by the family.50 Indeed, recent occurrences seem to indicate that the
Taliban’s resurgence is putting women’s cultural rights into jeopardy once again. On
August 15th, 2010, a couple that eloped to the Kunar province was publicly executed by
stoning by the Taliban, in a bold display of their consolidating power.51
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
48
“And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them.”
2:228. The Holy Qu’ran.
49
Persian poet, Muslihuddin Sa’di (AD 1175) “Dar-e-khurami bar saray-i buband, Ki bangi zan az way bar ayad
buland”
50
Afg/Pak-Pashtun Women Are the Real Victims of These Monsters. Voice of Pashtun Women, 2008. YouTube. Web. 5
Mar. 2010. <http://www.youtube.com/watch?v=QNtZnz7zWz8>.
51
Sahak, Sharifullah. "In Bold Display, Taliban Order Stoning Deaths." New York Times. 16 Aug. 2010. Web. 26 Aug.
2010. <http://www.nytimes.com/2010/08/17/world/asia/17stoning.html>.
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The Social Rights of Women:
The social rights of women, though better than during the Taliban reign, have still not
seen substantive change. Afghan healthcare is among the most deplorable and
underdeveloped in the world. Clinics, hospitals and equipment have been destroyed by
years of war, and few professionals who could care for women remain.52 Though
censuses are a sensitive issue to the Afghan population,53 the report by the Physicians for
Human Rights documented 593 maternal deaths for every 100,000 live births in 1998; by
2003, the United Nations Children’s Fund (UNICEF) estimated the rate to be around
1,700 per 100,000, or one every 30 minutes.54 “The rate of maternal mortality in a society
is a critical indicator of the health and human rights status of women”;55 and it is evident
that the social rights of women in relation to health have seen no realistic change. On the
issue of health, the Karzai government’s rhetoric has not translated into reality. ''We need
to rebuild our health system entirely after 20 years of neglect,'' President Hamid Karzai
had told Tommy G. Thompson, the United States secretary of health and human services;
however, the health system has seen little change. The child mortality rates, infant
mortality rates and adult life expectancies are among the worst in the world. Kabul has 20
hospitals functioning to a greater and lesser extents; although in need of further
assistance, a few of these hospitals function well with “good clinical case mix,
outstanding clinical care and full, busy wards and departments” though most hospitals
have not managed to escape Afghanistan’s 23 years of war unscathed.56 This exemplifies
the urban and rural differences – Kabul is one of the few places in Afghanistan with
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52
Gall, Carlotta, “In Afghanistan, Where Pregnancy Is Still a Minefield,” New York Times, June 23, 2002.
Each group wants to show its numerical dominance of the country.
54
Gall, Carlotta, and Judith Miller. "Women Suffer Most in Afghan Health Crisis, Experts Say." New York Times 27
Oct. 2003, NYTimes. Web. 7 May 2010.
55
Dr. Lynn Amowitz of Harvard Medical School, a senior medical researcher at PHR
56
Ryan, James M. "Health Care in Afghanistan." World Journal of Surgery 1.1 (2005): 1-3. Print.
53
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functioning hospitals.57 This evidence also further illustrates that Karzai’s government
has had little effect on improving the social rights of women in Afghanistan. To be
perceived as equal to men, to have equal rights in marriage and in life and to have access
to healthcare are all natural rights that women in Afghanistan are denied – not only
because of the inadequacies of the Karzai government, but also because the patriarchal
society of Afghanistan appears to be historically misogynistic and subjugating of women.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
57
Afghanistan: National Reconstruction and Poverty Reduction — the Role of Women in Afghanistan’s Future.
“Health.” Publication. Washington: World Bank, 2005. Print. pp. 14
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Conclusion:
Though a picture of an 18-year old girl whose face had been
scarred by the Taliban shocked the Western world58, little
has been done in Afghanistan to substantively change the
increasingly desperate women’s rights situation. Under the
Karzai government the situation has not seen a great deal of
improvement. Karzai has chosen to attempt to reconcile with
the Taliban though it could mean forsaking many articles of
UN human rights declarations. The Afghan Constitution does not provide legal
frameworks to help women re-assimilate into society and regain their legal rights,
resulting in scattered improvement in the economic and civil rights of women based on
their location. The misogynistic attitude of Afghan men, coupled with the low perception
of women by different ethnicities and the healthcare crisis has resulted in the denial of the
most fundamental, natural rights. With reconciliation, women are at risk of losing what
few rights they have gained; the Karzai government must take steps to ensure that the
rights and status of women are not lost in their negotiations.
Word Count: 3885
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58
Baker, Aryn. "Afghan Women and the Return of the Taliban." TIME. 29 July 2010. Web. 19 Aug. 2010.
<http://www.time.com/time/world/article/0,8599,2007238,00.html>.
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"#!
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