New Law Poses Severe Threat to Afghan Women

OneWorld US, MADRE, Feminist Majority Foundation, UN High Commissioner for Human Rights, UN News Center
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WASHINGTON, April 3 (OneWorld.net) - A new law signed by Afghan President Hamid Karzai, but not yet published, would allegedly bar women from leaving their homes, working, going to school, and obtaining medical care without their husbands' permission.

  • Afghan women in Kabul. © carpetblogger (flickr)Afghan women in Kabul. © carpetblogger (flickr)"A new [decree] in Afghanistan seriously curtailing women's rights, even explicitly permitting marital rape, is a 'huge step in the wrong direction,'" said United Nations (UN) human rights chief Navi Pillay this week, calling for the law's repeal.

  • "This is another clear indication that the human rights situation in Afghanistan is getting worse, not better," Pillay added. "Respect for women's rights -- and human rights in general -- is of paramount importance to Afghanistan's future security and development."

  • U.S. President Barack Obama announced last week a plan to escalate the U.S. military presence in Afghanistan, drawing fire from the international women's rights group MADRE. "This plan is ill-conceived and will jeopardize Afghan lives and the country's stability," stated Vivian Stromberg, the organization's executive director. "The defense of women's rights in Afghanistan will not be achieved by military force but by negotiated agreement that respects the demands of Afghan women."

  • The new legislation regarding women's rights pertains to Afghanistan's Shi'a community, which comprises roughly 10 percent of the population and most of whom belong to the Hazara ethnic community. "The new law has the active support of some of the Hazaras' male leadership, although it has been strongly opposed by other Hazaras and Afghan human rights campaigners throughout the country," reports the UN human rights agency (UNHCHR). "There are concerns the law will establish precedents that will adversely affect all Afghan women."



Afghan Women's Rights may be Severely Restricted by New Law

From: Feminist Majority Foundation 

A new Shia family law signed by Afghan President Hamid Karzai sometime last month, but not yet published, would severely restrict women's rights in Afghanistan. Karzai, according to news sources, signed the bill to court the Hazara vote in the upcoming presidential election. The law has not yet been published, but according to The Guardian contains provisions that would restrict women from leaving their homes, working, going to school, or obtaining medical care without their husbands’ permission. The law also includes a provision that women cannot refuse their husbands sex and a provision that grants child custody only to men. Ustad Mohammad Akbari, leader of the Hazara party, told The Guardian that the law gives women the right to refuse sex with their husbands if they are ill or have a "reasonable excuse" and allows women the right to leave their homes without permission in an emergency.

Shinkai Karokhail, a woman MP who worked against the legislation, told The Independent UK that the law "is one of the worst bills passed by the parliament this century….It is totally against women's rights. This law makes women more vulnerable."

The Globe and Mail reported that Secretary of State Hillary Clinton told reporters that the law "is an area of absolute concern for the United States….My message is very clear. Women's rights are a central part of the foreign policy of the Obama administration."

Also yesterday, UN Secretary General Ban Ki Moon addressed the International Conference on Afghanistan at The Hague. Among his remarks, the Secretary General said "we will continue to work to protect human rights, especially for women and girls. Women should be free to work, teach and live without oppression and fear. And children -- especially girls -- must be given the education that will help them build a better future for Afghanistan."

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