Sporadic Implementation of Afghan Women's Rights Law in Afghanistan: A Long Way to Go

Strategic Insights -

Sporadic implementation of the Elimination of Violence against Women (EVAW) law in Afghanistan has hindered the protection and equality of Afghan women, according to a report released by the United Nations Assistance Mission to Afghanistan (UNAMA) and the United Nations High Commissioner for Human Rights. Despite the law's passage in August 2009, judicial and law enforcement officials have only started to implement it in a small percentage of violence against women cases.

Key Takeaways:

  • The EVAW law, enacted in August 2009, has been implemented sporadically, with only a small percentage of violence against women cases handled under the law.
  • In the first full year of implementation (2010-2011), prosecutors in 28 provinces opened cases in 26% of the total 2,299 incidents of violence against women.
  • Of the total incidents, only 7% were filed as indictments, and primary courts relied on the EVAW law as the basis of their judgments in only 4% of the cases.
  • Herat province led the country in the application of the EVAW law, with 68 indictments filed and 35 cases tried.
  • The Special Violence against Women Unit of the Attorney General's Office in Kabul opened approximately half of all cases in the country but had a comparative small record of filing indictments with the courts.

Statistics:

  • Between March 2010 and March 2011, 2,299 incidents of violence against women were registered by the Afghanistan Independent Human Rights Commission.
  • Prosecutors in 28 provinces opened cases in 26% of the total incidents (i.e., 594 cases).
  • Indictments were filed in 7% (155 cases) of the total incidents.
  • Primary courts relied on the EVAW law as the basis for their judgments in only 4% of the cases (101 cases).

Sources:

  • A Long Way to Go: Implementation of the Elimination of Violence against Women law in Afghanistan (United Nations report).
  • United Nations Assistance Mission to Afghanistan (UNAMA) and the United Nations High Commissioner for Human Rights.
  • Afghanistan Independent Human Rights Commission.
  • National Action Plan for the Women of Afghanistan (NAPWA).
  • National Priority Programs on Law and Justice for All and Capacity Development to Accelerate NAPWA Implementation.