THE IMPACT OF CEDAW ON THE RIGHTS OF WOMEN
IN AFGHANISTAN
Ozair Ahmad Omarzada 1
1 Postgraduate Student, International Islamic University
Malaysia (IIUM), P.O. Box 10, 50728 Kuala Lumpur,
Malaysia.
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ABSTRACT |
Keywords: Right of Women; Afghanistan; CEDAW. |
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This paper’s objective is to consider
that since Afghanistan’s Ratification of Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) women rights
has been better protected and CEDAW has made a tangible Impact in Protection
of Equal Rights and Elimination of Discrimination for Afghans women. In fact,
the CEDAW has bolstered the courageous efforts of Afghan women to advocate
for their own lives in a very concrete way. Before the ratification of CEDAW
by Afghanistan Government women faced to several problems and they were not
able to combat for their rights, it was CEDAW that encourage the Afghan’s
women to start combating for achieving their fundamental rights and also
CEDAW play very important role by forcing Afghanistan Government to has more
attention for Protection of Women Human Rights, because of CEDAW Ratification
by Afghanistan government a lot of international Donors helped Afghanistan
Government for Elimination of Discrimination against Women and Protection
of Women Human Rights. Afghanistan was in a very poor women
human rights situation and no one wants to talk and combat for protection of
women human rights in Afghanistan but after ratification of CEDAW by
Afghanistan Government this fact clearly proved that CEDAW can rally makes
difference in countries that have very poor human rights record. Research methodology
will be qualitative methodology, consist of primary sources in the form of
statutes, rules and regulations, secondary sources are obtained from text
books, Journals and articles. Publisher All
rights reserved. |
INTRODUCTION
The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), adopted in 1979
by the UN General Assembly, is often described as an international bill of
rights for women. Consisting of a preamble and 30 articles, it defines what
constitutes discrimination against women and sets up an agenda for national
action to end such discrimination.
The Convention
defines discrimination against women as “...any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.”
The Convention provides the basis for realizing equality between
women and men through ensuring women's equal access to, and equal opportunities
in, political and public life , including the right to vote and to stand for
election, as well as education, health and employment. States parties agree to
take all appropriate measures, including legislation and temporary special
measures, so that women can enjoy all their human rights and fundamental
freedoms.
CEDAW not only defines equality; it discusses a wide range of topics
such as nationality, freedom of religion, movement, opinion, and association,
sexual and reproductive rights, rights to education, healthcare and access to
political and public rights.
The term “women” in CEDAW refers to all women
of all ages including girl children, disabled women and older women.
By accepting the Convention, States
commit themselves to undertake a series of measures to end discrimination
against women in all forms, including:
·
To incorporate the principle of equality of men and women in their
legal system, abolish all discriminatory laws and adopt appropriate ones
prohibiting discrimination against women;
·
To establish tribunals and other public institutions to ensure the
effective protection of women against discrimination;
·
To ensure elimination of all acts of discrimination against women by
persons, organizations or enterprises.
The Convention is the only human rights treaty
which affirms the reproductive rights of women and targets culture and
tradition as influential forces shaping gender roles and family relations. It
affirms women's rights to acquire, change or retain their nationality and the
nationality of their children. States parties also agree to take appropriate
measures against all forms of traffic in women and exploitation of women.
Countries that have ratified
or acceded to the Convention are legally bound to put its provisions into
practice. They are also committed to submit national reports, at least every
four years, on measures they have taken to comply with their treaty
obligations.
CEDAW is the only main and powerful Convention for Women that play very
important role in protection of women rights and elimination of discrimination
against women in all over the world and as of now CEDAW has 189 state parties
for this reason CEDAW is a bill of rights for women and all states parties are
responsible to implement the CEDAW provisions.
In
this paper’s my focus will be directly on rights of women in Afghanistan before
CEDAW ratification by Afghanistan Government, rights of women in Afghanistan
after CEDAW ratification by Afghanistan Government and
Challenges to the CEDAW Implementation in Afghanistan.
THE RIGHTS OF WOMEN IN AFGHANISTAN
BEFORE CEDAW RATIFICATION BY GOVERNMENT OF AFGHANISTAN
Afghanistan is a landlocked
country, which has long been known as the heart of Asia. Afghanistan
is bounded towards the North by three Central Asian countries, Turkmenistan,
Uzbekistan and Tajikistan, towards East by China and part of Pakistan, towards
South by Pakistan, and on the West by Iran.
In
Afghanistan, the rights of women have been something debated since it was
established as a nation. The formal religion of Afghanistan is Islam. Islam
states in some of its earliest works, nearly fifteen hundred years ago that
women are to be equal to men. Islam gives women rights, including rights to
work, the ability to choose the man she will marry, among others. However, in
Afghanistan, many times women have not been given these specific rights.
At different points throughout the 20th
Century, Afghan women have been the subjects of both policies designed to
curtail their rights and status, and policies designed to promote their rights
and status. In both scenarios, varying degrees of force have been employed to
enforce these policies. In 1928, King Amanallah, abdicated his throne as a
result of a tribal rebellion opposed to his reforms including those in the
areas of schooling for girls, restriction on polygamy and prohibition of the
bride-price. King Amanullah publicly campaigned against
the veil, against polygamy, and encouraged education of girls not just in Kabul
but also in the countryside. At a public function, king Amanullah said that
Islam did not require women to cover their bodies or wear any special kind of
veil. At the conclusion of the speech, Queen Soraya tore off her veil in public
and the wives of other officials present at the meeting followed this example.
Throughout her husband’s reign, Queen Soraya, wore wide-brimmed hats with a
diaphanous veil attached to them. On
that time the people of Afghanistan argued that these reforms are un-Islamic
for the reason the king Amanaallh
reforms prolong only for a few years and actually it was not successful
in all, because in Some cases their reforms was against and Contrary with Islamic
Law for Example: Restriction on Polygamy, Encouraging the women to remove the
Hijab and etc.
Modern Afghanistan has been in turmoil since the
late 1970s. The Soviet Union invaded (occupy) Afghanistan in 1979 and installed
a Communist regime in the capital, Kabul and created many opportunities for women, including
aggressive literacy programs. Under the Soviet Union's Communist regime
from 1979 to 1992, Afghan women enjoyed equal rights and social,
economic, and political freedom. In the 1980s, the
Communists enforced equal rights
for women and men in a civil-war-torn Afghanistan As a result, women held a
greater number of business, law enforcement, and Parliament positions than they
did prior to the civil war. Furthermore, education and employment became more
socially acceptable for women. As a result, women assumed positions as lawyers,
entertainers, and doctors. As part of this greater freedom, women saw more
educational, employment, and professional opportunities. In 1979, female
students even outnumbered male students at universities.
In 1992, the Communist regime fell and the
Islamic State of Afghanistan assumed control. Eventually a civil war broke out, and during this time, gross
violations of abuses occurred not only against women but the population in
general. Subsequently, the 1977 constitution that guaranteed equal
rights for women and men was thrown out. During these civil war rights of women
removed systematically and the parties to civil war institutionalized various
violation and discrimination against women. In addition, other more violent
Human Rights abuses towards women occurred by parties that involved in the
civil war such as: Torture, rape, Sexual abuse.
Noting the traditional notions of honor and
shame surrounding women's modesty and purity in Afghan culture, Amnesty
International in its 1999 report entitled "Women in Afghanistan: Pawns in
Men's Power Struggles" describes how "women were treated as the
spoils of war" by the Mujahidin:
Particularly between 1992 and 1995, armed
guards have used these (cultural) norms as weapons of war, engaging in rape and
sexual assault against women as an ultimate means of dishonoring entire
communities and reducing people's capacity to resist military advances.
In 1994, the Taliban, members
of a conservative Islamist movement originating in Pakistan began making
significant military gains and ultimately obtained control of over two thirds
of Afghanistan's territory. The word Talib, literally means "a
student studying the Islam religion". The Taliban force follows a stricter
version of Islam. The Taliban's particular social and cultural characteristics
have been influenced by both tribalism and Islam. Many believe that the
Taliban’s interpretation of Islam is false. It is much more intolerant that
Islam was intended to be. Therefore,
when the Taliban took control Kabul the capital and the whole parts of the
country except of some small cities that ruled by the Islamic Government of
Afghanistan in 1996, the status of women declined rapidly until women were
completely confined to home, or only allowed to leave home with a male escort
while wearing a Burqa (veil). If a woman was seen outside without being covered
from head to foot, even if only a little skin was exposed, she would be beaten.
These rules complicated things completely for women who no longer have a living
male relative, or women who are too poor to be able to purchase a burqa (veil).
Women
during this time were denied heath care, which included reproductive health care. These lead too many health problems for women since 30-40%
of women's health care problems were reproductive health care problems.
Literacy of women in Afghanistan was never high, but during Taliban rule, it
was especially low. Women were not allowed to be educated or employed and many
of them were forced into prostitution because they became impoverished, and
the vast majority of girls did not receive an education, particularly those in
urban areas and those over the age of eight. The UN estimated that only 3
percent of girls received some kind of primary education. Some girls’
education continued in secret, in other areas local Taliban leaders turned a
blind eye to girls’ schools. Taliban leaders would sometimes attempt to justify
restrictions on girls’ education by saying that the ongoing civil war was an
obstacle to their service provision, or that there were insufficient state
resources to allow for girls’ education. Particularly in the context of their
grossly discriminatory treatment of women this justification seems flimsy,
especially because as security came to areas like Kabul, their policies did not
change. Many women went to mental hospitals to seek psychiatric help since
became depressed. In Afghanistan under the Taliban, policies restricting
women's rights were not the product of years of tradition or of social and
economic deprivation. Instead, they were man-made policies as easily and
swiftly revoked as they were instituted. Depression rates among women in
Afghanistan, especially in Taliban-controlled areas, were extraordinarily high.
Current efforts to rebuild Afghanistan must address these high rates of
depression and other mental health problems to ensure women's full
participation in development. Other rules confining women during Taliban
rule included: the need of window in homes to be painted to prevent others from
viewing women from the outside, women must not laugh, talk loudly, or make any
noise at all when in public.
Women have become second-class citizens with forgotten needs.
Cleanliness and personal hygiene are qualities that are recognized ideals of
the Islamic faith and culture. On that time The Taliban desperately want
international recognition, including a seat at the United Nations.
International censure has led the Taliban to change some of their policies
towards women. For example, on September 6, 1997, the Taliban closed
their hospitals to women and forced women to be seen at a clinic without
running water. In November 1997, the Taliban recanted on this policy due to the
international condemnation that resulted. A local international aid
worker in Kabul attributed this to a recognition that the Taliban just
went too far.
These
restrictions were enforced by the Ministry for the Promotion of Virtue and the
Prevention of Vice (al-Amr bi al Ma’ruf wa al-Nahi ‘an al-Munkar), also known
as the “religious police,” which was modeled on a similar department in Saudi
Arabia. Women accused of even minor infractions were sometimes subjected to
public beatings, threats and imprisonment. The religious police not only
beat women publicly for, among other things, wearing socks that were not opaque
enough, showing their wrists, hands, or ankles, or not being accompanied by a
close male relative, but also for educating girls in home-based schools,
working, and begging. Beatings by the religious police were harsh,
unpredictable and arbitrary, with no defense, and no appeal.
In conclusion, during the Taliban Government in Afghanistan rights of
women always violated and women’s were unable to achieve there fundamental
rights because of insecurity, Culture and political ideas that implemented by
Taliban, actually Taliban abused from Islamic teachings because they were not able to distinguish
what is true and what is false only thing that
they effort to keep and protect it, it
was political power, Might was right on that time, that time was the
time of Terror, inhuman treatment and Cruel treatment in all, women never
treated as a human, no one want to talk about women rights because on that time
they did not know what is women rights.
THE RIGHTS OF WOMEN IN AFGHANISTAN
AFTER CEDAW RATIFICATION BY GOVERNMENT OF AFGHANISTAN
In the aftermath of the fall of the
Taliban, efforts to ensure that woman’s rights were firmly entrenched in the
critical early stages of “nation-building” in Afghanistan, as international
actors actively sought to advance two important international United Nations
documents that ostensibly would protect and promote women’s rights and
participation in peace-building and reconstruction: the United Nations
International Convention on the Elimination of All Forms of Discrimination
Against Women and the United Nations Security Council Resolution 1325 on Women.
The Government of Afghanistan
signed the Convention on Elimination of all forms of Discrimination
against Women (CEDAW) on 14 August 1980, however, the conflicts in the country
did not allow for the ratification of the Convention until 2003. Having in mind
the violations of rights of women during the years of war, The Government of
Afghanistan ratified CEDAW on March 5, 2003 without any reservations.
Afghanistan’s ratification of CEDAW was an important milestone for
women’s rights not only in Afghanistan, but across the Muslim world.
Afghanistan made history by becoming the first Muslim state to ratify CEDAW
without reservations. By ratifying the Convention, Afghanistan committed itself
to fulfilling the objectives of the Convention by, for example, incorporating
the principles of equality of men and women in their legal system, abolishing
and replacing all discriminatory laws, establishing tribunals and other public
institutions to protect women against discrimination, and eliminating all acts
of discrimination against women by persons, organizations, and enterprises.
According to article 18 of CEDAW, the Government of Afghanistan must
have submitted a compliance report on the constitutional, legal and
administrative measures for implementation of the Convention to the CEDAW
Committee a year after ratification. Unfortunately, due to lack of working
capacity in the reporting entities of the government, budgetary problems and
government’s involvement in preparing reports to other treaty bodies, the
initial report could not be prepared in 2004. In 2009, however, the Government
decided to prepare the combined initial and second periodic report and submit
it to CEDAW Committee. The Afghan Government was supported by UN Women in the
process of drafting the report.
Since ratification of CEDAW in 2003, the Government of Afghanistan has
obligated itself for implementation of it and has endeavored necessary measures
in this regard. Establishing specific entities for improvement of women’s
rights, ratifying laws that directly affect women rights, ratification of work
plans that consider different areas of Afghan women’s lives and amendment of
those laws that violate women’s rights have been done as part of implementation
of this Convention in recent years.
After consulting with different social groups particularly women, the
Afghan Constitution was drafted, at which maximum efforts were exerted to
explicitly crystallize women’s rights. The Constitution was ratified
after 20 days of discussions in
early 2004.
The articles of the Afghanistan Constitution refer to human rights as
the following:
i. In the preface of the Constitution, compliance to the United Nations
Charter and respect to the Universal Human Rights Declaration is approved and
the ratification of the Constitution is deemed to create a civil society devoid
of tyranny, autarchy, discrimination and violence where lawfulness, social
justice, human rights and dignity, and basic rights and freedoms of people are
protected.
ii. Article 4 forbids deprivation of the Afghan citizen from the right
of nationality.
iii. Article 6 obligates the government to establish a leisured and
developed society on the basis of social justice, preservation of human
dignity, support of human rights, realization of democracy, equality among all
ethnic groups and tribes and balanced development in all areas of the country.
iv. According to article 7, the government has the obligation to comply
with UN Charter, international treaties, conventions to which Afghanistan is a
party and Universal Declaration of Human Rights.
v. Article 22 forbids all forms of discrimination and distinction among
the citizens of Afghanistan. Likewise, all nationals of Afghanistan, both men
and women are treated equally before the law and have equal rights and
obligations.
For more protection of women rights, Afghanistan governments ratify and
implement an especial Law by name of the law on the Prohibition of violation
and discrimination against women.
The Impact of CEDAW on Protecting and improving Women Rights in
Afghanistan as Follow:
Education
According to this first periodic
report of Afghanistan government to CEDAW, the percentage of women in
universities is increasing year-by-year reaching 20 per cent of the university
population in 2006, and 24.8 percent by 2009. The report states that the last
eight years have also seen a “tremendous increase in the overall number of
educational institutions in the country and women have benefited
substantially.” It specifically mentions English language courses, computer
classes, and preparation classes for university entrance exams provided by
private educational institutions.
The
primary school in Afghanistan enrollment expanded nearly seven-fold, from
900,000 students in 2000 to 6.7 million in 2009. For girls, the improvement was
even more dramatic: enrollment increased from an estimated 5,000 under Taliban
rule to 2.4 million. Some 120,000 Afghan girls have now graduated from
secondary school, and more than 15,000 are enrolled in universities.
Now women are able to achieve education in
all part of Afghanistan except in some cases because of insecurity and culture,
now women are lecturers in a lot of schools and universities and they are very
successful than men, the government of Afghanistan build schools for women in
all villages without any exception and girls are able to go to school without
any problem, day by day Afghans culture are in change and now they prefer
Islamic teaching that allowed women to have access to education, CEDAW and
other international convention for protection of women than culture and some
other un-Islamic Values and Encourage
their women to achieve Knowledge.
Government
and politics
Any Afghan, whether man or women,
who has completed the age of 18, has a voting card and is not prohibited from
voting by law, can take part in elections and there is not any discrimination
against women. The Election Law emphasizes on the equal rights of men and women
to vote. Article 4 clarifies that all legible men and women have the right to
vote. Article 5 stresses out on the free will of voters and prohibits any
relationship orientated policy for voting. This article prohibits direct or
indirect imposition of any kind of restrictions on voters based on their
ethnicity, language, sex, status, employment, etc.
In seven elections of presidency, parliament, provincial councils,
district councils, village councils, mayors, and municipality councils in
Afghanistan, women can take part both as voters and candidates. Women have also
the equal right to participate in referendums as men. Election Laws of Afghanistan
impose no discrimination on women.
Two women are members of the leadership
committee of the Independent Election Commission of Afghanistan. Besides, two
out of nine secretaries of Independent Election Commission of Afghanistan are
women. In total, 240 temporary and 15 permanent female Employees are working in
this commission which makes 7% of all staff.
Karzai's first cabinet after being elected
president of Afghanistan in 2004 contained three women ministers and he had a
female vice president, until now 4 women are minster in new government of
Afghanistan that elected on 2014, and also 1 member of the Supreme Court of
Afghanistan is a woman, on 2001 Afghanistan Government establish a special
ministry only for women and for protection of women rights by name of Ministry
of Women affairs, since this ministry establish until now lead by a women.
The Afghan parliament uses a quota system to
ensure that at least 25 percent of seats are given to women. This issue clearly
indicates that Afghanistan government recognized positive discrimination for
women, otherwise women are not able to achieve 25 percent seats of parliament.
However, the first female Governor and city
mayor of Afghanistan was appointed to work in the province of Bamyan and Daikundi,
very remote and impoverished central Afghan provinces.
Now there is no discrimination and Limitation against women in politics
and Government System, women can be President, Minister, Member of Parliament,
opposition leader of government and etc.
Women’s rights activists in Afghanistan
and their partners abroad responded by seeking to strengthen the women’s
movement in Afghanistan. They initiated awareness campaigns and sought to
generate wide spread grassroots support for CEDAW and SCR 1325 in public and
legal discourses. By becoming familiar with these international instruments, it
was assumed that Afghan women’s organizations would be able to contextualize
their own struggles and activism from within these political frames and
diligently monitor Government accountability and compliance.
Family life
Now women
in Afghanistan has full rights to choose their future family and enjoy from
marriage right, it is not allowed for no one to enforce any women for marriage
without consent of women, now married women can work and able to decide about
their marital life without any pressure, women are able to achieve their
inherent rights and Dowry according to Islamic Law, without any limitation by
domestic law and culture.
Economic
participation
Equality in the workplace helps lift people out of poverty and
contributes to higher GDP levels, but around the world women
continue to represent an untapped economic potential. Globally, the
gender gap in the workplace is on the decline, with women-owned businesses
an increasingly important driver of change in the private sector for
broader economic development.
Now more than ever before, an
unprecedented number of afghan women are participating in the formal private
sector economy as entrepreneurs, business owners, and employees.
Women in Afghanistan, because of their
remarkable strength, courage and vision, are a smart investment, The Afghan
graduates of 10,000 Women are building businesses, creating jobs, becoming
leaders in their community and giving hope to a nation.
Less than a decade after being banned from
schools and offices by the Taliban government, Afghan women are helping to
create a next generation of entrepreneurs determined to support their families
and give a boost to their nation’s economy. In a desperately poor country in
which unemployment estimates top 40 percent, the jobs they create make a
difference.
Women found out that when they do business,
they have more money and they get more decision-making power in their family
they are more independent. For
instance, Malalai Jawad, an entrepreneur
whose silk products generated $8,400 in sales last year. Ms. Jawad is now
helping her 19-year-old daughter, one of her six children, with her own
business plan to start a women’s gym.
Now women are able to participate in all
economic matters and play important role, Afghanistan government is responsible for protecting this rights
according to Islamic law and CEDAW, until now the government of Afghanistan is
successful in this part of rights for women, they only problem that limited
women to have access to this rights is Culture and Insecurity and Afghanistan
government try to solve it, now the women are able to make temporary markets in
public places and sell their own products without any problems in the cities, a
lot of women has big business and companies, and the government effort to make
easy the process of making companies by women, by reducing the tax. This issue
clearly indicates that the Afghanistan Government by Recognizing Positive
Discriminations wants to help and encourage women’s that they can be able to
make their life by their own effort, and also the Afghanistan Government wants
to do their obligation under CEDAW and Afghanistan Constitution, that is based
on Islamic Law and Oblige the government of Afghanistan to do Their
International Obligations or Commitments.
CHALLENGES IN FULL IMPLEMENTATION OF THE CEDAW IN AFGHANISTAN
The most important challenge
confronted by the implementation process is lack of security, because as of now
more than 30 percent of Afghanistan Areas are under the control of Terrorists
(Taleban, Al-Qaeda and etc.) That the
fights against the government of Afghanistan for this reason Afghanistan
Government do not have Full control over that Areas that controlled by
Terrorists. In insecure areas, women cannot fully enjoy their rights. In
addition, the unappealing customs and traditions are added to these
restrictions, From the past until now some afghans follow Un-Islamic Custom for
example some customs prevent from women rights to education, rights to
inheritance and also some other fundamental human rights. The government,
however, has established a number of entities and ratified laws especially the
law on prohibition of violation against women to eliminate such customs, the
law on the prohibition of women was very effective for grant of women human
rights and still it has their own effective and implement on Cases belong to
women’s human rights, but until now this law is not ratified by Afghanistan Government,
and only signed by Afghanistan president.
Although misunderstandings of CEDAW abound, the following discussion of
key articles of CEDAW illustrates that international human rights need not be
incompatible with Islamic customary and legal discourse and that dialogue and
education would serve to bridge the gap and benefit women in Afghanistan. The
most challenged CEDAW articles include: article four on special measures,
Article 4(1) State: Adoption by
States Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as
defined in the present Convention, but shall in no way entail as a consequence
the maintenance of unequal or separate standards; these measures shall be discontinued
when the objectives of equality of opportunity and treatment have been
achieved. This paragraph of article 4 seems contrary with Islamic law,
Article five on sex role stereotyping and prejudice, this article state on its
paragraph (a): To modify the social
and cultural patterns of conduct of men and women, with a view to achieving the
elimination of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women,
and Article 16 (a) (C) (f) (h), these paragraphs of article 16 are
totally contrary with Islamic Law because Afghanistan is an Islamic Country and
only Islamic Law can apply in Afghanistan the international convention must not
be against Islamic Law otherwise it will never implement, Articles 1 and 2 of
the Afghanistan constitution Recognize and state that Afghanistan is an Islamic
Country and Article 3 of Afghanistan state: No law shall contravene the tenets
and provisions of the holy religion of Islam in
Afghanistan. This Article Clearly
indicates that Islamic Law is the only implementable Law in Afghanistan.
It is true that Afghanistan
government ratify CEDAW without any Reservation, but It is not possible that
without putting reservation to the mentioned articles of CEDAW the government
of Afghanistan will be able to implement all articles of the CEDAW, now nearly
all Islamic States put Reservation on CEDAW specially on the above mentioned
Articles, for full implementation of and International Convention Especially on
this Issues it is Important that the Convention be acceptable for people and it
will not be against Religion and other important values of people.
CONCLUSION
To conclude, there are a number of
areas where the state and informal institutions can be encouraged and assisted
to take a stronger role. Women can only truly stand on their own two feet if
they are secure from public and private violence. In line with the state’s
commitment to CEDAW, there is a need for state and local leaderships to take a
stronger position on issue of violence against women and to improve women’s
access to formal and informal justice.
Afghanistan has always had elite and middle class women who asserted
their rights and marched towards modernization. But despite these examples, the
lot of most Afghan women in rural areas has been one of oppression through
tribal customs and dictates. Those women who were publicly visible throughout
the history of Afghanistan belonged to the royalty or elite and represented a
very tiny population of the country. In Afghanistan, women are organizing to
push for the promotion and protection of their rights as guaranteed in the
Afghanistan constitution and Afghanistan’s international human rights
obligations. Women’s organizing is not a new phenomenon in Afghanistan. Afghan
women have a long tradition of activism and resistance in the face of
insecurity and grave human rights abuses.
Despite Afghanistan’s efforts to implement CEDAW within governmental
policies and culture, the economic activity rate of women remain lower than
that of women in other developing countries, while various studies have been
undertaken in Afghanistan to understand the impacts changing policies may have
on women’s employment options, it is worth noting that female participation
rates range considerably. Without better awareness from Afghan policymakers and
people of how family dynamics consistently advance and arrest the development
of women, it will be difficult to translate state policies into reality.
This in turn requires better
understanding of the unequal power plays involved in maintaining face and
supporting notions of honor that only favor men. This requires sound analysis,
carefully stimulated reflection, and healthy debate at the popular and policy
level. The extraction of women from the honor equation is absolutely critical
for the advancement of women. However,
until women understand that they have rights as individuals and a sense of
women’s solidarity is engendered, it is unlikely that Afghan women will have
the political power needed to hold on to strategic gains and to stop the
pendulum swinging against them once more.
It will take time for Afghanistan to fully meet its CEDAW obligations.
Indeed, the Afghanistan government has already missed a number of opportunities
to mainstream women’s issues and institutionalize women’s rights. To ensure
equal rights for men and women, as guaranteed by the 2004 Constitution,
Afghanistan must implement both short and long-term measures. Afghanistan
Government as I mentioned above is the only Islamic government that ratify
CEDAW without putting any reservation to CEDAW articles, According to me it is
necessary and vital for implementation CEDAW in Afghanistan that Afghanistan
Government must put some reservation with those articles of CEDAW that they are
against Islamic Law, Because according to Article 3 of the Afghanistan
Constitution the government of Afghanistan must implement only Islamic Law and
Prevent from implementation of un-Islamic Law. Otherwise it will not be
possible for Afghanistan Government to fully implement CEDAW.
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Online.
Websites
http://www.un.org/womenwatch/daw/cedaw/indext.html.
http://www.un.org/womenwatch/daw/cedaw/reports/18report.pdf.
https://www.mtholyoke.edu/~macne20a/classweb/worldpolitics/finalpage4.html.
http://www.online.liebertpub.com/doi/abs/10.1089/154099903768248285.
http://www.ohchr.org/english/bodies/cedaw/docs/CEDAW.C.AFG.1-2.pdf.
http://www.nytimes.com/2011/01/29/business/global/29iht-afbiz29.html?_r=0
Acknowledgement
I
gratefully acknowledge with special mention Dr. Shahrul Mizan Ismail, Deputy Dean (Student Affairs), Ahmad
Ibrahim Kulliyyah (faculty) of Laws, International
Islamic University Malaysia, my respectable Lecturer for giving me the idea to write a research paper related to impact
of CEDW on the rights of women in Afghanistan which developed into this
article.