WUNRN
COMMENTS AND RECOMMENDATIONS ON
AFGHANISTAN'S DRAFT NATIONAL ACTION PLAN 1325
By Dr.
Massouda Jalal
Founding
Chairperson of Jalal Foundation
and
Former Minister of Women, Afghanistan
1. STRENGTHS
1.1
Commendable effort of Government and its partners - Jalal
Foundation and its network commend the efforts of the Government of Afghanistan
and its supporters to develop the National Action Plan for the implementation
of UN Security Council Resolution 1325 (NAP 1325). This is a step in the right
direction, especially because armed conflict results in a lifetime of suffering
that seriously compromise the capacity of women, girls and their families to
live a full and satisfying life as human beings. The implementation of NAP 1325
is also a pressing imperative of the transition process which elicits enormous
insecurities to women because of the return of taliban fighters and the
imminent withdrawal of international security forces from the country by the
end of the current year.
1.2 Potential positive impact to
international supporters of Afghanistan's peace process - According to
Women for Peace, Peace for Women (http://www.peacewomen.org/naps/list-of-naps), there are
only 46 countries in the world that have adopted a national action plan for SCR
1325. The adoption of Afghanistan's NAP 1325 will demonstrate to those 46
countries who are mostly supporters of Afghanistan's peace process (i.e.,
Netherlands, Finland, Sweden, USA, Germany, Belgium, Spain, Canada,
Canada, UK, Ireland, Italy, Denmark, South Korea, etc.) the commitment of our
government to purse a kind of peace that puts the rights and well-being of
women/girls at the center. The adoption of this plan may continue to inspire
international supporters to expand their investments in the advancement
of Afghan women's roles in security and peace building.
1.3
Consultation with Civil Society and other actors – The policy
of the government to involve the civil society sector (CSO) in the development
of the NAP 1325 is also praise worthy. Such gesture of inclusiveness bolsters
the credibility of the document which is advantageous in mobilizing
international resources and engaging a wide range of non-state partners in its
implementation.
1.4
Declaration of government commitments – The declaration of specific
commitments of government in the four pillars (i.e., participation, protection,
prevention, and relief and recovery) is one of the strengths of the draft.
These will serve as bases for holding the Afghan government accountable in
delivering its commitments, especially when its performance on women's rights
is monitored by CEDAW and other international monitoring entities such as the
special rapporteurs on human rights and elimination of violence against women.
2. RECOMMENDATIONS
2.1 Substantive link of NAP 1325 with
other relevant policy instruments – The substantive linkage of NAP 1325
with other relevant policy instruments should be clearly established,
especially in the Introduction part of the document. For example,
how will NAP 1325 contribute to the goals of ANDS to eliminate
discrimination against women, build their human capacities and ensure their
equal participation in all aspects of life? Likewise, the draft should
explicitly explain how NAP 1325 is contributing to the implementation of NAPWA,
especially its Security chapter, which specifically declares that the
Government of Afghanistan commits “to build and sustain a secure environment
that enables women to live a life free from intimidation, fear and violence,
and which supports their participation and leadership in promoting and
maintaining peace and security”. Unless a robust substantive tie up
with relevant policy and legal frameworks is established, NAP 1325 will look
like a stand-alone action plan that is detached from mainstream instruments and
processes.
In addition, the sentence in the Introduction
which states that “The GIRoA, therefore, attempts to take practical
steps in order to comply with and implement its international human rights and
women's rights responsibilities, and contribute to the global maintenance of
peace and security” should be modified. Otherwise, it gives the impression
that the government of Afghanistan is only adopting the NAP 1325 for the sake
of complying with its international responsibilities. The first client of the
government is the Afghan people, including its women. Its main
justification for the adoption of NAP 1325 should not be compliance with
international commitments but a genuine commitment to liberate its female citizens
from violence and oppression.
2.2 Contextual
Analysis – The strategic objectives and actions of NAP 1325 should be
premised on a robust analysis of the context. In this connection, the section
entitled, 'Background of Women Peace and Security in Afghanistan' should
be strengthened to present an analysis of the situation which highlights,
among other things, the factors that contribute to Afghan women's disadvantage
within the four pillars of the action plan. The current draft of
this section only covers an analysis of women's participation and
none on protection, prevention and relief and recovery.
More
importantly, the narratives in this section should be substantiated with facts
and statistics. Otherwise, the entire section appears to be more opinionated
than analytic, which undermines its credibility. An example of this is the
statement which states that “the role of women in the production and gaining
national wealth of the country has been significant...”. What is the basis
of this statement? The writer should make sure that all claims that are
not factually substantiated do not contradict with facts that are revealed by
existing government statistics and other credible researches.
2.3 Section on Strategic Objectives – This section
does not contain strategic objectives. Maybe, the title of this section should
be changed to Challenges, Commitments and Strategic Priorities.
2.4 Section on
Participation – The challenges for this pillar should include: (1) the
inadequate number of women who could be readily appointed to the identified
positions/bodies; and (2) lack of support to enable them to perform their
functions and advocate for women's concerns. These challenges should be
recognized so that they could also be addressed in the action plans.
The priorities
should reflect time-bound, specific quantitative targets for women's
representation in: (1) the High Peace
Council, (2) Provincial Peace Committees, and (3) Security sector. The
restoration of the 25 percent quota for women in the provincial
councils (which was cut down to 20 percent in the new election law) should be
part of the strategic priorities of NAP 1325. Likewise, the 22 to 30
percent representation of women in civil service is meaningless if many of them
will remain in low level positions. The priorities should explicitly
state at least 30 percent representation of women in the Cabinet, local
governments executives, and managerial and supervisory levels.
2.5 Section on
Protection - Most of the challenges that were listed in the draft are
not challenges but actual forms of violence against women. Some of them were
even recognized already by the EVAW decree as unlawful and subject to legal
prosecution.
The challenges
that should be listed here are those factors that erode the protective assets
of the state, communities, and families. These are: (a) the possible
undermining of the provisions of the EVAW decree and its pending status; (b)
the weak capacity and commitment of justice and police entities to prosecute
offenders, including those who are from their own ranks; (c) ignorance of the
law by the public; (d) inadequate presence of justice mechanisms, especially in
remote areas; and (e) traditional dispute mechanisms that operate against
women.
As priorities,
the protective mechanisms of the state need to be collectively strengthened and
held accountable for the protection of women from violence. At the same time,
the protective assets of the communities (such as traditional leaders) and
families should be harnessed, strengthened and supported. The family
should be the primary protective machinery for its members and the NAP 1325
should invest in building up this role. Furthermore, the priorities should
include measures that will counter the continuous extra judicial administration
of justice by traditional dispute mechanisms. It is also recommended that the
new President himself issue a statement in his inaugural address explicitly
announcing that perpetrators of violence against women and girls will be
prosecuted zealously under his administration.
2.6 Section on
Prevention - Since the talibans are returning to mainstream society without
undergoing a deradicalization process, this section of the NAP 1325 should
recognize it as a challenge to the security of women and girls and to
enduring peace in communities. This pillar should also include in its priorities
the identification of ways to secure the wives and daughters of returnees from
the predisposition to violence of taliban returnees. The general impacts
of the taliban returnees to the security of their families and communities
should also be continuously monitored and evaluated. Furthermore, the second
sentence under the commitments of Afghanistan should include NAPWA,
especially its chapters on Security; Leadership and Political Participation;
and Legal Protection and Human Rights.
The Afghanistan government should listen to the opposition of women to make
peace with the Taliban. The NAP 1325 should therefore reflect an openness to
review the terms of the government's peace and reintegration program. There are
indications that the Taliban prisoners that were released by government as well
as the taliban returnees continue to espouse talibanist ideologies and are
still supporting the perpetration of terrorism in some parts of the country,
such as in Kunduz and Ghor. This is a big mistake of the government because
it violates and compromises the right to security of the Afghan people,
especially women and girls.
2.7 Section on Relief and Recovery – It is ironic
that while the draft states that “The GOA is committed to protect women's
property rights, financial support of businesswomen, women's investments and
their status as employers, and improvement and strengthening of women's
livelihoods” it does not reflect the specific actions that the government
will take in this regard. Instead, the government passes the responsibility to
various organizations. This pillar should be clear about what specific role the
government will play to realize its own commitments in this regard. The
priorities should also include measures to guarantee women's rights to inheritance
and property ownership.
All of the priorities for all
the pillars should have a measurable target. Otherwise, they sound like an
empty rhetoric.
2.8 Review of Laws and Policies – This section of the draft should have been situated in the contextual analysis which is partly covered in the current draft by the section on “Background of Women Peace and Security in Afghanistan”. The positioning of this section after the section on commitments, challenges and priorities is not useful to the reader. It distracts the readers' trend of thought which logically proceeds from a holistic understanding the situation to actions.
2.8
3. OTHER POINTS FOR
CLARIFICATION
3.1
Ownership – Who is the main owner of the
NAP 1325? Since the main duty holder is the government, it should be clear that
the government is the one ultimately accountable for ensuring its
implementation. The NAP 1325 should therefore carry the government's logo as
well as a letter of endorsement by the highest possible official of government,
hopefully the new President. This will give NAP 1325 a strong imprimatur which
is helpful for fund mobilization and for pinpointing the main entity
responsible for its implementation.
3.2 Civil
Society Monitoring Report of SCR 1325 - How does NAP
1325 take into consideration the wealth of knowledge that emerged from the 2012
Civil Society Monitoring of SCR 1325 in Afghanistan? This report reveals
substantial data about the state of implementation of SCR 1325 in the country
and had identified very important recommendations that came from Afghan women
who were involved in the process of preparing the report. Some of the most
significant recommendations that should be included in the NAP 1325 are:
a) Creation of
a planned initiative to engage women's organizations in discussions on the
future of Afghanistan;
b) Greater focus on building the
capacity of the Afghan National Security Forces toward civil policing,
including the full resourcing and expansion of Family Response Units in all
provinces and the designation of high ranking officers to head such units;
c) Provision of protection to women
within the security forces;
d) Training of ANSF to understand how
their actions impact on the rule of law, access to justice, and responsiveness
to needs of women and children through a curriculum on basic values on
respecting civilians, building trust in local communities and conducting
effective people-to-people engagements; and
e) Establishing of an
Independent Civil Society Oversight Commission to thoroughly monitor the
contributions, support and performance of ANSF, as well as provide feedback and
recommendations to the Ministries of Interior and Defense, and other relevant
actors.
3.3 Indicators of performance – At what stage of the process will the indicators of performance be developed? This is a very important concern, considering that the priorities identified in the four pillars of the draft NAP 1325 does not have measurable objectives and targets. Again, the 2012 Civil Society Monitoring Report on SCR 1325 could be utilized for the selection of high level indicators in realizing the objectives of the UN SCR 1325. UNIFEM/UN Women also recommends samples of low level indicators for the four pillars of the draft NAP 1325.