Women and Justice
The 44th (Year IV) public debate organised by Armanshahr Foundation was held at Hotel Setareh in Kabul on 23 December 2009.
The first speaker was Ms. Karen Williams, representative of the International Centre for Transitional Justice, who took the podium at the invitation of the meeting’s moderator Ajmal Baluchzada, and addressed the role of women in transitional justice. Referring to post-war experiences in other countries concerning transitional justice, she pointed out the significant role of women in the process in Japan and Central Africa among others. Discussing the Tokyo Trial, she said about 1,000 women had been imprisoned in Japan and a large number of them had been sexually abused. They spoke out after about 60 years and achieved their rights. She also mentioned the first trial in Rwanda, where somebody was tried for rape for the first time.
Discussing the improving state of the courts and the participation of women in the process, she pointed out the example of former Yugoslavia, where the court had a woman judge and said those were good examples that played a major role in changing the situation and preparing the ground for truth-seeking commissions.
Ms. Williams said women had played an important role in the truth commissions in South Africa. Even though many of them did not wish the media to publish their statements, it was revealed that rape of women had been used as a political means in the wars.
She said: It is not possible to point out all the abuses committed against women in this brief opportunity. What has happened to them has not been reported much. The important point is that men are referred to as heroes after wars, but women, who have been subjected to aggression, are ashamed of even telling about their suffering. They are not only victims of rape; they have suffered other abuses, too. For example, they have been used as soldiers and the under-18 women have been sent to war. We should distinguish between two things.
On the one hand, sometimes women are abused in the course of a war. On the other hand, the general conditions of a society occasionally forces bad conditions on them.
She concluded: If women are absent from the process of policy making after the war, the abuses against them will be neglected.
The second speaker was Mr. Abdolvahed Zia Moballegh, director of Family Rights Project of International Centre for Law and Democracy, who addressed the issue of women and justice from a legal point of view, concentrating on the Personal Status Law.
He said: There is a large number of legislation nowadays, but we cannot say that our laws are gender-sensitive and not discriminatory. Let’s give an example from the Personal Status Law of the Shiite. The law was not much different, in content and formulation, from the beliefs and views of the previous regimes. The picture of woman that the law initially offered was that of a dependent person, and legally a minor who had to be constantly under the supervision of her husband, father or brother. She was not permitted to leave her home without her husband’s permission or get married without her father’s or grandfather’s authorisation. The same view was reflected in regard to economic and inheritance issues. Legally, she was not recognised in respect of giving testimony or blood money. Sexually, she had to be at full disposal and at the will of her husband. She could not dissolve her marriage. Men can however take as many wives as they wish. The only prerequisite is their ability. The law allows any rich men to have numerous wives.
Referring to the religious sources of our civil laws, he added: Many issues, which according to our clerics originate from the prophet’s tradition, indeed do not originate from the prophet. He did not say that men who commit adultery should be stoned. That was a custom at that time. If you consult the Old and New Testament, you will see that such decrees existed there before the Koran. The prophet only accepted that custom under the prevailing conditions. At the time, a girl’s father would receive her marriage portion, but the prophet said that she should receive it. Any cleric, who is questioned about blood money, would set a price on human being in terms of camels and other things that were traded at that time. This indicates how much those decrees reflected the traditions and social customs of the era. The same is true of guardianship and polygamy.
The next speaker, Ms. Sediqa Noruzian, took a different approach to civil laws. She said: There is no law above the divine law. If we study the laws properly, we will realise that human laws are inspired by divine laws. The Koran has permitted women to take part in political, social, cultural and economic activities.
The last speaker was Dr. Alema, Coordinator of Civil Services for Peace Program, who discussed the role of women and women’s movements in Afghanistan and worldwide.
Arguing that Afghanistan is a country at war not in a state of post-war transition, she elaborated on social movements and the first movement of women under Amanollah Khan. She said: The women’s movement took shape at that time, but unfortunately it was confined to the capital and failed to influence the people and take root in other cities and villages, because it had been initiated by the royal court. There ensued however quite positive reforms, such as:
1. Prohibition of polygamy
2. Prohibition of forced marriage;
3. Prohibition of under-age marriage for girls;
4. Sending the girls to study abroad;
5. Mandatory education at the elementary level.
She went on: Unfortunately, after the fall of Amanollah Khan, everything that had been done in his era was shelved during the 9-month reign of Habibollah Kalkani. Under Zahir Khan, the women’s movement took shape again, but it was also from top to bottom, starting at the royal court.
Referring to the Mujahedin government, she reminded the prevalence of forced veil and restraints on women’s education and work, she said a court had issued a fatwa at the time to close the girls’ schools; to ban women from universities and to end their work in radio and TV. She spoke briefly about the Taliban era.
On the conditions of women in the present era, she said: We don’t have a women’s movement at present, but we are forming its nucleus, an example of which is the 50% Campaign, even though women of Afghanistan are currently in a state of confusion. Arguing that women are involved in NGO activities, she said: Women working in civil activities are waiting for an NGO to pay them to do something for women. There is no work to which one can refer to as a compassionate activity. Dr. Alemeh revealed that the ongoing work on the informal justice law would undermine the relative achievements of women in the past few years. She said: There are several factors that prevent women from having access to justice:
1. Fear of the family;
2. Slowness of the judicial system;
3. Absence of the needed coordination among the judicial bodies;
4. Unhealthy rivalry among women civil activists;
5. Symbolic role of women in the government and the judiciary.
At the conclusion, there was a discussion between the participants and the speakers, where questions mainly concerned the Personal Status Law for the Shiite.
Round about 100 civil society activists, students, human rights activists and journalists had participated in the meeting. Various newspapers and television and radio stations had also sent their correspondents to cover the public debate.
For viewing the Video of the Conference, Click HERE (Youtube)
Invitation
