Editor in Chief: Moh. Reza Huwaida Monday, July 8th, 2024

The Calls for Approving the EVAW Law

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The Calls for Approving the EVAW Law

 a number of women’s rights activists in Afghanistan called on approval of the Elimination of Violence Against Women (EVAW) bill by the Afghan parliament. The activists and civil society representatives said that the approval of the law is critical, and that the failure to pass the law by the parliament would compound the challenges against the Afghan women. The bill is being implemented based on a presidential decree by former president Hamid Karzai issued about six years ago. The law aimed at boosting status of women in Afghanistan was put on the desk for discussions in the parliament in 2013, but due to oppositions from conservative members of the parliament was shelved and efforts for having it approved in the parliament stalled.

Despite considerable progresses for Afghan women in the past fourteen years, there have been setbacks and failures in advancing the rights of the women. The EVAW bill was stalled in the parliament two years as a number of the lawmakers considered some articles of the law against Islamic Sharia. The failure to approve the law by the parliament sparked fears among civil society women rights activists who have been fighting for improving the rights of the women. The conservative lawmakers who hold considerable power in the parliament have staunchly opposed the law. In fact, the failure of the Wolesi Jirga to approve the EVAW bill two years ago was a heavy blow to the efforts for improving women’s rights as well as the achievements of the past over a decade.

The setbacks in promoting rights of the women in Afghanistan are also attributed to the former administrations’ lack of determination in safeguarding the rights of the women. Attempting to appease the ultra-conservative religious figures and scholars, President Hamid Karzai even endorsed a code of conduct issued by Afghan Ulema Council which included some Taliban-era style restrictions on women’s daily activities. Given the Afghan government’s efforts to open a peace channel with the Taliban, the former president Hamid Karzai had no determination for supporting women’s rights particularly approval of the EVAW bill. The lack of commitment from previous governments significantly contributed to the worsening situations for the women in Afghanistan. Afghan legal institutions failed to take further measures for protecting the women by judicial system. Reports suggested that even a department of the Ministry of Justice was considering a bill banning testifying of family members on violence against female family members.

With the efforts for kick-starting peace talks with the Taliban bolstering, there have been concerns over the future of Afghan women. This ongoing insurgency in the country and the government’s efforts to reach a peace deal with the Taliban leaves the fate of rights of Afghan women in an increasing uncertainty. Despite assurances from the leaders of the National Unity Government, there are fears that the rights of women may be compromised in peace talks with the militant groups. During past years of overtures to the Taliban by previous governments, the women have had little presence in the process. However, the government officials have staunchly stressed on empowerment of the women in Afghanistan and preserving the achievements of the past fourteen years.

On the other hand, domestic violence against the women has remained unabated. According to the Afghan human rights commission officials, there is an evident increase in cases of domestic violence against women reported to the government and human rights organizations. On hand, there are still widespread domestic violence against women; but on other hand, it is believed that now more cases of violence against women are reported to judicial and human rights authorities. Lack of capacity in the Afghan legal system, corruption, conservative mindset of the judges are major challenge for helping the women victims of violence and addressing the reported cases of violence against women.

Despite the daunting challenges for women, there are also opportunities for enhancing the rights and status of the Afghan women. The most important opportunity in this regards is the presence of the international community. Afghanistan is funded by the international donors and the country is obliged to support the basic rights of its citizens and particularly the women to receive funds from the international community. Given the international pressures, the government of Afghanistan has also been willing to support the EVAW law, but has been reluctant for exerting pressure on the lawmakers to approve the bill. The continued commitment of the international community is working as a shield for protecting the rights of women in Afghanistan.

Progresses of women’s rights and progress in implementing the EVAW law will contribute to protecting the women of Afghanistan from domestic violence in their daily lives. The law is highly critical not only for the Afghan women but also for the whole Afghan society. Elimination of violence against women would contribute to a more just and secure society. The National Unity Government has so far proved serious in taking the necessary measures for empowerment of the women through promoting women to top-level political and government posts. The government should also act on improving the laws on women’s rights and status through pressurizing the parliament. The law is critical for long-term prevention of domestic violence against women in Afghanistan.  If the government of Afghanistan and the international community fails to act decisively on women’s rights, there are risks of a sudden deterioration of women’s status with exacerbation of security and growing conservatism in the country. It is mandatory for all parties to step up efforts for approval of the law on violence against women, and fully implementation of the law on Elimination of Violence Against Women disregard of its approval. Afghanistan’s handling of women’s rights will determine its success in improving human rights standards in the long term.

 

Abdul Ahad Bahrami is the permanent writer of the Daily Outlook Afghanistan. He can be reached at ahad.bahrami@gmail.com

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