Displaying 276 - 300 of 58126 recommendations found
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:Review DocumentationSession:31st Session, November 2018Status:Not Followed up with a RecommendationContents:HRW recommended to ... enforce the Supreme Court ruling decriminalizing “running away” and discipline police, prosecutors and judges who continue to prosecute and imprison girls and women on such grounds. [Para 34]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IndonesiaIndonesiaRegional groupAsia-Pacific GroupPolitical groupASEANOICIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Strengthen efforts to address violence against women, provide greater access to justice to women and increase women’s participation in peace-making process.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Increase efforts to effectively combat impunity related to acts of violence against women, as well as prevent, investigate, prosecute and punish acts of discrimination perpetrated against women.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:GeorgiaGeorgiaRegional groupEEGIssue:
- Gender equality
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Take further steps to ensure access to education for all in a safe environment, with particular focus on girls and women, internally displaced persons and persons with disabilities.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- "Honour crimes"
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Ensure the Elimination of Violence Against Women Law is effectively implemented and uniformly enforced; and that all cases of violence against women, including so-called “honour killings,” are promptly investigated and prosecuted under the criminal justice system and not referred to traditional dispute resolution mechanisms.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:MyanmarMyanmarRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Ensure addressing factors of violence against women including the lack of awareness of people of the law and human rights adequately.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Early marriage
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Set the legal age for girls to marry at 18 years and ensure that the law is effectively enforced, including by investigating and prosecuting cases of child marriage.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Outcome ReportIssue:
- Violence against women / gender-based violence
Type:CommentSession:32nd Session, January 2019Status:N/AContents:Afghanistan Independent Human Rights Commission (by video message) ...was concerned with violence against women. ... [Para 468] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Maternal health / morbidity / mortality
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:Afghanistan has the worst ratio as far as health indicators are concerned: low life expectancy (46), low access to public health services, and high mortality especially among mothers: 1,600 deaths per 100,000 live births. There are only 17 doctors and 48 health workers for every 100,000 individuals in the country. 80 per cent of health clinics in districts are ill-equipped, and short of reproductive health services, sufficient medical personnel and facilities. Over 70 per cent of births take place at homes without medical support or attendance. Only 20 per cent, mostly complicated births are referred to hospitals. Despite all these efforts in the area of public health, Afghanistan still has a long way ahead to provide efficient health care, and it requires a series of strong measures to provide fair and balanced health coverage to all the country. [Para 57] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:NeglectedContents:The Secretary-General noted that implementation of the National Action Plan for the Women of Afghanistan (NAPWA) had begun but that further progress will depend on political will, the availability of resources and implementation capacity. [Para 6] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:5th session, May 2009Status:NeglectedContents:Recommended creating a legal framework to safeguard the rights of people living with HIV, AIDS, including access to testing, confidentiality measures and non-discriminatory treatment by the health services. [Para 39] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Implement the Security Council resolutions on Women, Peace and Security, by ensuring, in particular, participation of women on an equal footing and at every level of responsibility in the reconciliation process.ImplementationNational Report:
Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.
UN Compilation:
Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
UN Compilation:
Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Ensure that women and women's rights advocates participate in every stage of negotiations concerning a political settlement to the conflict and that the rights of women and girls are respected in any eventual settlement.ImplementationNational Report:
Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.
UN Compilation:
Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
UN Compilation:
Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Ensure early presentation of the report on the implementation of the Law for the Elimination of Violence against Women, effective and nation-wide implementation of that Law and comprehensive collection of data, monitoring and evaluation to further identify weaknesses in implementation, and to ensure continuing conformity of the law for the Elimination of Violence against Women with CEDAW.ImplementationNational Report:
Para 26) The GoIRA protects and promotes human rights by strengthening and establishing human rights units within the power structures as following:
…
• Judiciary Power: Division of Violence Against Women and Children in the Supreme Court review all cases of women and children rights violations;
Para 105) The Criminal Procedure Code 2014 and Penal Code 2018 have been ratified. Discriminatory human rights violating elements have been taken out and new provisions regarding protection of women’s rights were included. The criminal procedures law enriches specific provisions on the victim’s rights and protection of evidence. Beside the new penal code, the EVAW Law still remains enforced and the cases related to violence against women will be reviewed in accordance with this specific law.
Para 106) Different measures for better implementation of the EVAW Law have been taken in to account. These measures include the establishment of institutions, policies, regulations, training of judges, prosecutors, police, and other relevant employees as well as legal awareness campaigns for citizens. The AGO plans to draft a National Action Plan for the Implementation of EVAW Law in near future.
Para 107) Following mechanisms are in place:
• Monthly meetings of the EVAW high commission and provincial commissions of all 34 provinces to monitor critical areas. Findings are being submitted to the relevant government departments and the President’s office. Establishment of 28 women’s shelters centers in Kabul and 20 in different provinces.
• Establishment of special units at all 34 Provincial Office of Attorney’s for EVAW cases. In 31 provinces, units are just being led by women.
• Establishment of special EVAW units at the Supreme Court in Kabul and 15 provinces.
• Legal assistance centers and family dispute resolution units were established in 34 provinces under the police headquarters framework.
• A mediation department has been established at the AGO to mediate in family matters.
• The Supreme Court established special courts for EVAW cases in 22 provinces. Till 2020 all provinces will be having a special court for EVAW cases.
• A telephone hotline has been established for women and children in case of violence.
• On 11th of July 2016, the MoI established a complaint mechanism to prevent and respond to sexual harassment against women police officers.
Para 108) The AGO established a Deputy AGO for Elimination of Violence against Women & Children, which is led by a woman. This office has two sub-departments responsible for reducing violence against women and for its social consultants. Another department deals with women rights, victims and witnesses with help of IDLO.
Para 109) The Afghanistan AGO established a monitoring mechanism on the implementation of EVAW law within its offices.
Para 110) With support of IDLO the AGO established a database within the Deputy AGO for EVAW. This database includes all activities of prosecutors, the case itself and the work which has been done so far. Through this database, the Deputy GA can monitor his employees and held them accountable if needed.
Para 111) Between 2014 and 2018, 5921 cases have been investigated. 4840 cases of violence against women have been addressed in the three-layer courts of the country based on the provisions of EVAW.
UN Compilation:
Para 25) OHCHR/UNAMA noted that the ongoing armed conflict affected women’s access to justice. The Mission noted that the failure of law enforcement authorities to take action undermined efforts to promote the rights of women, eroded the rule of law and contributed to an expectation of impunity. It observed that the gap in relation to the available range of punishments for criminal offences of violence against women contributed to the wide use of mediation. The Mission highlighted that the wide use of mediation in criminal offences of violence against women also promoted impunity, enabled its reoccurrence, eroded trust in the legal system and constituted a human rights violation on the part of Afghanistan.
Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
Para 44) The Secretary-General of the United Nations noted the decree amending the Penal Code with regard to crimes of violence against women ...
Para 45) OHCHR/UNAMA noted that harmful acts of violence against women, including murder, beating, mutilation, child marriage and ba’ad, remained widespread, despite the Government’s concrete efforts to criminalize those practices and establish measures for accountability. Harmful practices that had been criminalized under the Elimination of Violence against Women Law, such as forced and child marriage, honour killings, ba’ad, badal (the exchange of women for marriage purposes to settle disputes) and forced self-immolation, were often confused as being aspects of Islamic law or teachings and therefore ingrained in the local traditions. The Mission documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. It found that the police had often failed to forward those cases to prosecutors. The majority of Afghan women continued to be denied fair treatment before the law, as discriminatory provisions in laws and policies were still prevalent. As such, law enforcement and other judicial practitioners, including prosecutors and courts, had often failed to enforce the Elimination of Violence against Women Law, resulting in widespread impunity for the criminal acts of violence against women. OHCHR/UNAMA consistently found that implementation of the Elimination of Violence against Women Law had been slow and non-uniform.
Stakeholder Summary:
Para 10) AIHRC noted that violence against women is one of the most serious violations of human rights. During 2014-2017, AIHRC registered, investigated and followed around 19,920 cases of violence against women and referred them to the relevant legal entities. Out of these cases, 845 cases were cases of women who were murdered. The real statistics of women's violence and murders are much higher. The prosecution and punishment of perpetrators of violence against women by government agencies, as well as the implementation of the EVAW Law and the Law for the Prevention of the Sexual Harassment against Women and Children have been ineffectively done and challenges remained unchanged. Statistics showed that the government and the law enforcement agencies have failed to properly and timely investigate cases of violence against women and cases of murder. AIHRC attributed that insecurity, corruption, the increased culture of impunity, lack of rule of law, the spread of harmful custom and tradition in society, lack of awareness of people of the law and human rights, poverty and economic problems are among the factors of violence against women which have not been adequately and practically addressed by the government. AIHRC reported that Taliban also continued to commit killings and extra judicial and arbitrary punishment of women in the area of under their control. AIHRC recalled that under Resolution 1325 and the SDGs, the government has to accelerate the process of gender mainstreaming in the departments.
Para 34) HRW noted that violence against women, including rape, murder, mutilation and assault is widespread, and the perpetrators are rarely brought to justice. In the 2014 UPR, the Afghanistan delegation accepted numerous recommendations on improving implementation of the 2009 Law on the Elimination of Violence Against Women (EVAW law), including the measures recommended to Afghanistan by the Committee on the Elimination of Discrimination against Women in July 2013. During the review, the Afghan delegation committed to implement the EVAW law, and that perpetrators of violence against women would be prosecuted and punished. However, HRW found that Afghan women seeking justice after facing violence continue to face formidable obstacles. Afghan authorities routinely turn victims away or pressure them to accept mediation. Mediation does not provide justice to female victims of serious crimes, offering victims only a promise from her abuser not to repeat the crime. In some case, mediators themselves inflict abuse, for example by ordering girls or women to be given as compensation for murder, forcing women and girls to marry men who raped them, or excusing murder in the name of “honor.” Afghan police and prosecutors continue to jail women and girls for on charges of “moral crimes” that include “running away” from home, and committing or attempting to commit sexual intercourse outside marriage “zina”, or having sex outside of marriage. Rape victims can be charged with “zina” and imprisoned. These girls and women are subjected to invasive vaginal and anal examinations performed by Afghan government doctors, sometimes repeatedly on the same girl or woman including young girls. Afghan officials claimed that the government had since banned the examinations, but officials have told HRW that the practice remained widespread, and many judges, prosecutors, and police officials told them that they routinely order “virginity tests.”
Para 35) ODVV also noted that one of the most serious human rights violations in Afghanistan is violence against women, particularly girls. In 2017 there were 4340 cases of violence against 2286 women. This is while in the previous year there were approximately 2046 reported cases of violence against women. These figures indicate that not only violence against women in Afghanistan has not dropped, but the abuses have increased. There have also been report of 277 women being murdered, while only 40 of them have been prosecuted. This shows a weakness in enforcing the law, additionally, victims’ families’ were reluctant to file a complaint against perpetrators of crimes.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Finalize and implement a National Action Plan on Women, Peace and Security.ImplementationNational Report:
Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.
UN Compilation:
Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
UN Compilation:
Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:PolandPolandRegional groupEEGPolitical groupEUIssue:
- "Honour crimes"
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:Unclear ResponseContents:Repeal article 398 of the Afghan Penal Code with a view to ensuring full accountability for the perpetrators of so-called honour killings.ExplanationThe Islamic Republic of Afghanistan wants to review and assess these recommendations until the translation and assessment of barriers and their implementation opportunity. Most of these recommendations require Afghanistan accession to some conventions and their optional protocols. Since accession to some conventions and their optional protocols is a long process and needs extensive consultation and professional studies, therefore, the Government of Afghanistan scrutinize the above Recommendations once again.ImplementationNational Report:
Para 11) Reforming the Criminal Justice, the new code introduces alternatives to imprisonment and detention. As well as, the code has removed permission of honor killing to prevent arbitrary and illegal murders.
UN Compilation:
Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
Para 45) … Harmful practices that had been criminalized under the Elimination of Violence against Women Law, such as forced and child marriage, honour killings, ba’ad, badal (the exchange of women for marriage purposes to settle disputes) and forced self-immolation, were often confused as being aspects of Islamic law or teachings and therefore ingrained in the local traditions. The Mission documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. It found that the police had often failed to forward those cases to prosecutors. The majority of Afghan women continued to be denied fair treatment before the law, as discriminatory provisions in laws and policies were still prevalent. As such, law enforcement and other judicial practitioners, including prosecutors and courts, had often failed to enforce the Elimination of Violence against Women Law, resulting in widespread impunity for the criminal acts of violence against women. OHCHR/UNAMA consistently found that implementation of the Elimination of Violence against Women Law had been slow and non-uniform.
Stakeholder Summary:
Para 10) AIHRC noted that violence against women is one of the most serious violations of human rights. During 2014-2017, AIHRC registered, investigated and followed around 19,920 cases of violence against women and referred them to the relevant legal entities. Out of these cases, 845 cases were cases of women who were murdered. The real statistics of women's violence and murders are much higher. The prosecution and punishment of perpetrators of violence against women by government agencies, as well as the implementation of the EVAW Law and the Law for the Prevention of the Sexual Harassment against Women and Children have been ineffectively done and challenges remained unchanged. Statistics showed that the government and the law enforcement agencies have failed to properly and timely investigate cases of violence against women and cases of murder. AIHRC attributed that insecurity, corruption, the increased culture of impunity, lack of rule of law, the spread of harmful custom and tradition in society, lack of awareness of people of the law and human rights, poverty and economic problems are among the factors of violence against women which have not been adequately and practically addressed by the government. AIHRC reported that Taliban also continued to commit killings and extra judicial and arbitrary punishment of women in the area of under their control. AIHRC recalled that under Resolution 1325 and the SDGs, the government has to accelerate the process of gender mainstreaming in the departments.
Para 34) HRW noted that violence against women, including rape, murder, mutilation and assault is widespread, and the perpetrators are rarely brought to justice. In the 2014 UPR, the Afghanistan delegation accepted numerous recommendations on improving implementation of the 2009 Law on the Elimination of Violence Against Women (EVAW law), including the measures recommended to Afghanistan by the Committee on the Elimination of Discrimination against Women in July 2013. During the review, the Afghan delegation committed to implement the EVAW law, and that perpetrators of violence against women would be prosecuted and punished. However, HRW found that Afghan women seeking justice after facing violence continue to face formidable obstacles. Afghan authorities routinely turn victims away or pressure them to accept mediation. Mediation does not provide justice to female victims of serious crimes, offering victims only a promise from her abuser not to repeat the crime. In some case, mediators themselves inflict abuse, for example by ordering girls or women to be given as compensation for murder, forcing women and girls to marry men who raped them, or excusing murder in the name of “honor.” Afghan police and prosecutors continue to jail women and girls for on charges of “moral crimes” that include “running away” from home, and committing or attempting to commit sexual intercourse outside marriage “zina”, or having sex outside of marriage. Rape victims can be charged with “zina” and imprisoned. These girls and women are subjected to invasive vaginal and anal examinations performed by Afghan government doctors, sometimes repeatedly on the same girl or woman including young girls. Afghan officials claimed that the government had since banned the examinations, but officials have told HRW that the practice remained widespread, and many judges, prosecutors, and police officials told them that they routinely order “virginity tests.”
Para 35) ODVV also noted that one of the most serious human rights violations in Afghanistan is violence against women, particularly girls. In 2017 there were 4340 cases of violence against 2286 women. This is while in the previous year there were approximately 2046 reported cases of violence against women. These figures indicate that not only violence against women in Afghanistan has not dropped, but the abuses have increased. There have also been report of 277 women being murdered, while only 40 of them have been prosecuted. This shows a weakness in enforcing the law, additionally, victims’ families’ were reluctant to file a complaint against perpetrators of crimes.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Gender equality
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Pay greater attention to the respect for women's rights when adopting legislative measures and abrogate all discriminatory measures against women.ImplementationNational Report:
Para 11) The GIRoA, within the past four years has taken various legal actions, the purpose of which were respecting and observing women's rights and preventing all types of discriminatory acts against women. One of such measures is reviewing the following enforced laws for the purpose of observing women's rights:
Laws, regulations and strategies including the Civil Code, Penal Code, Shiite Personal Status Law, Education Law, Public Health Law, Law on Elimination of Violence against Women, Law on Abduction and Human Trafficking, Law on Rights and Privileges of the Person with Disability, Interim Criminal Procedure Code, Citizenship Law, Law on Registration of Social Organizations Document, Electoral Law, Public Media Law, Regulation on Supporting and Promoting Breastfeeding, Law on Prisons and Detention Centers, Regulation on Prisons and Detention Centers, Law on Political Parties, Law on Strikes and Demonstrations, Pension Regulation for Arrangement of Pension Rights, Regulation on Scholarships and Education Abroad, National Development Strategy, Justice Strategy for All, Millennium Development Goals, National Health Strategy, and NAPWA were reviewed comparatively and article by article in the light of Convention on Prevention of All Types of Discrimination against Women.
Para 12) In addition, the Law on Social Protection is drafted and efforts are in place to have it approved as soon as possible so that opportunity is provided for implementation of policies.
Para 13) The draft of Shiite Personal Status Law was reviewed by Ministry of Women’s Affairs (MoWA) and 12 amendments were recommended based on Afghan Constitution to Ministry of Justice (MoJ) prior to its signing and the recommended amendments were considered and included in the this law.
Para 14) The draft of Shiite Personal Status Law was reviewed by MoWA to ensure that it conforms to the international commitments of the Government.
Para 56) A number of serious and practical actions were taken in the direction of law enforcement and protection of women’s rights during the past four years. For example the establishment of Special Prosecution Office for Elimination of Violence against Women is one of important practical measures. The establishment of Human Rights Protection Unit of the MoJ as an inter-ministerial mechanism and establishment of human rights units in some other ministries and establishment of gender units in 22 ministries with the financial and technical support of the international community, extended efforts in establishment of infrastructure for the improvement of human rights situation in the country, preparation of NAPWA pursuant to UN Security Council Resolution 1325 are also a number of effectives measures that were adopted by the GIRoA. The MoFA has taken positive steps for improvement of human rights and the establishment of infrastructure.
Para 63) In order to improve the situation of women, the GIRoA has approved two laws, namely the Law on Elimination of Violence against Women and the Shiite Personal Status Law during the past four years. The GIRoA acknowledges that although these laws have not fully improved the situation of women in the country, it believes that these laws have had relatively positive impacts. It has also drafted the Law on Social Support for the improvement of the situation of women and is awaiting approval of the parliament.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:Review DocumentationSession:18th session, February 2014Status:Reference AddressedContents:... HRW recommends that the government should ensure the enforcement of the EVAW law and should abolish the practice of prosecuting women for "moral crimes" [Para 16] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Harmful practices based on cultural / traditional values
- Forced marriage
- "Honour crimes"
- Women's and / or girls' rights
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Enact legislation and take effective measures to protect and promote women's rights, especially with regard to forced marriages, honour killings and access to education for all girls.ImplementationNational Report
Para 11) The GIRoA, within the past four years has taken various legal actions, the purpose of which were respecting and observing women’s rights and preventing all types of
discriminatory acts against women. One of such measures is reviewing the following enforced laws for the purpose of observing women’s rights:
Laws, regulations and strategies including the Civil Code, Penal Code, Shiite Personal Status Law, Education Law, Public Health Law, Law on Elimination of Violence against Women, Law on Abduction and Human Trafficking, Law on Rights and Privileges of the Person with Disability, Interim Criminal Procedure Code, Citizenship Law, Law on Registration of Social Organizations Document, Electoral Law, Public Media Law, Regulation on Supporting and Promoting Breastfeeding, Law on Prisons and Detention Centers, Regulation on Prisons and Detention Centers, Law on Political Parties, Law on Strikes and Demonstrations, Pension Regulation for Arrangement of Pension Rights, Regulation on Scholarships and Education Abroad, National Development Strategy, Justice Strategy for All, Millennium Development Goals, National Health Strategy, and NAPWA were
reviewed comparatively and article by article in the light of Convention on Prevention of All Types of Discrimination against Women.
Para 21) Realizing that rule of law is a key and fundamental element to ensure and strengthen human rights, the Commission has consistently provided recommendations and proposals to the government. For instance, recent research activities of the Commission made the government to react and respond. Recent reports by the Commission titled as …“National Research on Rape and Honour Killing Cases” are the examples where relevant government agencies have take noticeable decisions.
Para 60) The GIRoA has always considered issues related to forced marriages and honour killings because they are violent acts against women and are prosecutable. The Special Prosecution Office has been established to fight crimes of violence against women. With respect to honour killings, although criminal policy of Afghanistan may in some instances consider honour killings carried out under the motive of upholding honour as mitigating circumstances, this has never realized to be a means for the acquittal of perpetrators. This law prosecutes them.
Para 63) In order to improve the situation of women, the GIRoA has approved two laws, namely the Law on Elimination of Violence against Women and the Shiite Personal Status Law during the past four years. The GIRoA acknowledges that although these laws have not fully improved the situation of women in the country, it believes that these laws have had relatively positive impacts. It has also drafted the Law on Social Support for the improvement of the situation of women and is awaiting approval of the parliament.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:18th session, February 2014Status:NeglectedContents:CRC was concerned that the majority of children remained unregistered. It urged Afghanistan to ensure that all children, including children born out of wedlock, were registered at birth. [Para 54] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:31st Session, November 2018Status:Not Followed up with a RecommendationContents:The Committee against Torture urged Afghanistan to increase the presence of women among the staff of the police and the judiciary, ... [Para 50] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:31st Session, November 2018Status:Reference AddressedContents:ODVV recommended to guarantee the right to education and allocate an inclusive budget for education for all its citizens, equally and without discrimination based on gender … [Para 34]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustriaAustriaRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Investigate thoroughly all acts of violence against women and defenders of women's rights and bring those responsible to justice.ImplementationNational Report:
Para 11) The GIRoA, within the past four years has taken various legal actions, the purpose of which were respecting and observing women’s rights and preventing all types of discriminatory acts against women. One of such measures is reviewing the following enforced laws for the purpose of observing women’s rights:
Laws, regulations and strategies including the Civil Code, Penal Code, Shiite Personal Status Law, Education Law, Public Health Law, Law on Elimination of Violence against Women, Law on Abduction and Human Trafficking, Law on Rights and Privileges of the Person with Disability, Interim Criminal Procedure Code, Citizenship Law, Law on Registration of Social Organizations Document, Electoral Law, Public Media Law, Regulation on Supporting and Promoting Breastfeeding, Law on Prisons and Detention Centers, Regulation on Prisons and Detention Centers, Law on Political Parties, Law on Strikes and Demonstrations, Pension Regulation for Arrangement of Pension Rights, Regulation on Scholarships and Education Abroad, National Development Strategy, Justice Strategy for All, Millennium Development Goals, National Health Strategy, and NAPWA were reviewed comparatively and article by article in the light of Convention on Prevention of All Types of Discrimination against Women.
Para 36) The MoWA in cooperation with government institutions, civil society, national and international organizations tried to improve the political, social, cultural and economic status of women by drafting various laws, policies and procedures in various fields such as: Regulation on Support Centers, reaching to female victims or women exposed to danger, drafting Law on Social Support, public awareness through media, training workshops, providing legal consultations for victim women, providing recommendations for presidential decrees on pardoning and reducing imprisonment terms of prisoners and juvenile offenders and legal aid on submitting and following the cases.
Para 55) The MoWA included NAPWA into 6 main sectors and are as follows: 1) security and immunity, 2) protection of women's rights, 3) the leadership of political participation of women, 4) economy, work and poverty reduction, 5) health and 6) education. NAPWA was approved in 2008 and all government institutions are bound to implement this plan. As a 10-year strategic plan, the Government shall be bound to eliminate discrimination against women, develop human resources and strengthen their leadership role, enhance public awareness, build capacity, reduce poverty, unemployment, illiteracy, mortality, provide access to work opportunities, education, health services, and secure justice at different social levels.
Para 60) The GIRoA has always considered issues related to forced marriages and honour killings because they are violent acts against women and are prosecutable. The Special Prosecution Office has been established to fight crimes of violence against women. With respect to honour killings, although criminal policy of Afghanistan may in some instances consider honour killings carried out under the motive of upholding honour as mitigating circumstances, this has never realized to be a means for the acquittal of perpetrators. This law prosecutes them.
Para 63) In order to improve the situation of women, the GIRoA has approved two laws, namely the Law on Elimination of Violence against Women and the Shiite Personal Status Law during the past four years. The GIRoA acknowledges that although these laws have not fully improved the situation of women in the country, it believes that these laws have had relatively positive impacts. It has also drafted the Law on Social Support for the improvement of the situation of women and is awaiting approval of the parliament.
Para 81) The GIRoA has tried to equally protect all its citizens against any kinds of violence, but has made more efforts for protecting the vulnerable groups such as women and girls. In this regard, the government has taken specific measures during the past four years which we would like to indicate some of them here: • The first step in this regard is approval of the Law on Elimination of Violence against Women. Most of the acts that were committed against women were not considered as crimes in the past laws, but based on this law it is considered a crime and legal actions are taken against its perpetrators. • In order to practically implement the Law on Elimination of Violence against Women, the government has recently established a Special Prosecution Office for countering the violence against women. Until today, the mentioned Office has recorded about 23318 cases, 13200 of which have been reviewed and processed and the rest are being reviewed now. The other step that was taken in relation to the implementation of Law on Elimination of Violence against Women was establishment of the Commission for Elimination of Violence against Women.
Para 94) The GIRoA has tried to overcome the impunity culture towards ensuring the rule of law, as the government considers this a serious obstacle against the rule of law. In this regard, the government has adopted several measures. … Establishment of the prosecution office for fighting against the violence against women, the judicial reforms that have been made by the judiciary of Afghanistan in relation to the Law on Elimination of Violence against Women and investigation of the cases of violence against women by the Prosecution Office for Elimination of Violence against Women and the Afghan courts are the other examples of intensification of fighting against the impunity culture …
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Violence against women / gender-based violence
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Fully implement and enforce its Elimination of Violence Against Women Law and its National Action Plan for the implementation of Security Council resolution 1325.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Ensure prompt investigations of violence against women and ensure that perpetrators are brought to justice in accordance with the Elimination of Violence Against Women Law.