Summary

This report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her official visit to the Islamic Republic of Afghanistan from 9 to 19 July 2005. It addresses the diverse forms of violence against women in the country within the context of conflict and post-conflict situations and key measures and initiatives needed to ensure the protection and promotion of the rights of women and the elimination of violence against women.

The four years since the fall of the Taliban have seen considerable change in the legal and institutional framework. Women have played a role in the Constitutional Loya Jirga as of April 2003. The Constitution enshrines the principle of equal rights for men and women, obliges Afghanistan to respect international human rights, and reserves a quota in the legislature to women. Afghanistan has ratified the Convention on the Elimination of All Forms of Discrimination against Women without reservations. A Ministry of Women’s Affairs was created. Although insufficient, there are a few shelters in the country that offer refuge for women and girls who dare to escape an abusive environment.

Despite these significant developments, the situation of women remains dramatic and severe violence against them all-pervasive. Four factors underlie women’s vulnerability and the perpetuation of violence today: the traditional patriarchal gender order; the erosion of protective social mechanisms; the lack of the rule of law; and poverty and insecurity in the country. Violence against women is tolerated, and perpetrators enjoy impunity because the law enforcement and justice systems are generally dysfunctional and moreover biased against women. From the legal and institutional points of view, this failure to protect is grounded in the multiplicity of normative systems and the predominance of the so-called “informal” justice over the formal justice machinery.

Efforts to improve the status of women in Afghanistan are intimately associated with the challenge of multiple transitions confronting Afghan society today. Establishing the rule of law and security in all parts of the county are prerequisites to enable all citizens to benefit from development and reconstruction. Meanwhile, girls and women must be protected from violence as a matter of urgency.