The National Unity Government of Afghanistan formed in 2014 raised public expectations with their commitments around tackling violence against women. Violence, however, prevails despite institutional advances such as the creation of the Afghan Independent Human Rights Commission and a new Ministry of Women’s Affairs at the national level.
Research led by UNAMA focusing on the Elimination of Violence Against Women Law (EVAW), Afghanistan’s primary legislative tool on this issue, documents 110 women’s and girl’s experiences of seeking justice.
Apart from five serious offences which include rape and enforced prostitution, the law allows female complainants to withdraw their complaint at any stage of the criminal process to facilitate a mediation process instead. During the period of study, August 2014 to February 2015, the report finds that a majority of cases were brought to mediation instead of being processed through the courts.
Women’s preference for mediation appears to be influenced by their sense of failings within the criminal justice system, their desire for a swift process, and their fear of financial difficulties should the male breadwinner in their household be imprisoned. Mediation processes, however, raise human rights concerns in that the methods used are not consistent or always fair. In at least six of the cases studied the female complainant was excluded from the mediation sessions.
The report makes 7 short-term and 10 long-term recommendations to the Government of Afghanistan for addressing issues of violence against women, as well as 4 recommendations to international donors. These include:
- Develop mediation regulations, including a Government certification scheme for accredited mediators, and oversight mechanisms for all institutions conducting mediation.
- Conduct publicity campaigns aimed at educating and raising awareness on women’s rights and gender equality. In particular, raise women’s awareness of the justice routes available should they become victims of violence.
- Implement rehabilitation and self-reliance programmes targeting women affected by violence – including those staying at shelters – to support their economic empowerment and reintegration into society.