Displaying 126 - 150 of 58126 recommendations found
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:TunisiaTunisiaRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Continue its efforts towards achieving equal opportunities in the right to education particularly for women and girls.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
- Empowerment of women
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Further promote the empowerment of women and the protection of their rights, through the effective enforcement of the Penal Code and the Elimination of Violence against Women Law, the prosecution of perpetrators of violence against women and the further promotion of women’s participation in peace process and all spheres of society.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:MaltaMaltaRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Strengthen efforts aimed at eliminating discrimination and violence against women.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Empowerment of women
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Allocate sufficient economic and human resources for coordination of departments involved in human rights, in particular those which are responsible for safeguarding the empowerment of women in the Afghan society.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Women's and / or girls' rights
Type:QuestionSession:32nd Session, January 2019Status:N/AContents:How is the Supreme Court ruling on the decriminalization of girls and women “running away” being implemented? -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Guarantee that repatriated Afghan refugees, particularly women and girls, have adequate access to sanitation services, education, food, housing, freedom of movement and opportunities.ImplementationUN Compilation:
Para 35) UNHCR observed that returning Afghan refugees and other Afghan undocumented persons comprised up to 40 per cent of the 2.2 million people living in informal settlements in Afghanistan. Those settlements did not provide sufficient protection against the cold during winter, adequate sanitation or potable water. Overcrowding resulted in a lack of privacy and increased the protection risks for women and girls.
Para 58) … UNHCR reported that there were an estimated 1.84 million protracted and prolonged internally displaced persons. It noted that access to land, shelter, livelihood opportunities, water and sanitation facilities, skills development, girls’ education and basic infrastructure remained a major gap and challenge to successful and sustainable reintegration.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:EstoniaEstoniaRegional groupEEGPolitical groupEUIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Fully implement the National Action Plan of the United Nations Security Council Resolution 1325 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:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Guarantee women's representation in all decision-making levels in line with the United Nations Security Council Resolution 1325 and related resolutions as well as on the CEDAW.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:IcelandIcelandRegional groupWEOGIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Reinforce the implementation of the Law on the Elimination of Violence against Women.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:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Adopt additional measures to ensure the effective application of the law to eliminate violence against women and to ensure the protection of women's rights.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:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- "Honour crimes"
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:Unclear ResponseContents:Repeal article 398 of the Penal Code which gives perpetrators of honour killings legal concessions.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:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Women's and / or girls' rights
- "Adultery"
Type:QuestionSession:18th session, February 2014Status:Not Followed up with a RecommendationContents:A General Attorney's Directive issued on April 2012 establishes that abandoning one's home is not a crime according to Afghan law. It also establishes that it must not be considered as an aggravating factor the fact of a women or a girl that flees her home with the aim of committing adultery (zina) or trying to commit it (attempted zina). What specific measures have been taken in Afghanistan to make judges and attorneys implement what has been established in this directive? -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
Type:Review DocumentationSession:18th session, February 2014Status:Reference AddressedContents:CRC urged Afghanistan to raise the minimum age of marriage for girls to 18. [Para 57] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Outcome ReportIssue:
- Criminal laws on same-sex sexual practices
- Rights of same-sex desiring persons
Type:CommentSession:5th session, May 2009Status:N/AContents:Regret that Afghanistan had rejected recommendations to either abolish or reinstate a moratorium on the death penalty. Noted the laws criminalizing same-sex relations between consenting adults and the sharia law providing for the death penalty for consenting homosexual sex. Called on the Government to repeal these laws in accordance with Afghanistan's international human rights obligations. -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:Commission for the Elimination of Violence against Women: This Commission was established in 2005 to address violation against women within the five year strategic working plan of the Ministry of Women's Affairs. [Para 28] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:Based on article 22 of the Constitution, all citizens of Afghanistan both men and women are equal and enjoy equal rights and equal duties by law. The GoA in conformity with Constitution has made great endeavors to promote women rights and maintain their equal status. Accordingly, the Constitution in article 83 ensures the presence of at least two female deputies from each province to the Parliament. Also, at least 25 per cent of the Parliament must be women, currently women make up 28 per cent of the National Assembly. Similarly, in the judiciary, out of 1,652 judges working in military and civil courts, a total of 189 are women. This makes up 5.4 per cent of all the present judges in the country. Likewise out of 1,095 prosecutors employed by Office of Attorney General, 103 of them are women, which make 9.4 per cent of the prosecutors. Among civil servants out of 221,684 state employees 47790 are women (excluding ministry of interior and defense). [Para 80] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Gender perspective in policies, programmes
Type:Review DocumentationSession:5th session, May 2009Status:NeglectedContents:In 2005, the Special Rapporteur on violence against women made recommendations with respect to, inter alia, ... women in detention; and prioritizing in public policy women's human rights ... [Para 60] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:5th session, May 2009Status:NeglectedContents:AI stated that women in Afghanistan suffer from high rates of domestic violence and do not have recourse to legal protection. [Para 12] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Domestic violence
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:NeglectedContents:Women who seek to flee abusive marriages are often detained and prosecuted for alleged offenses like "home escape" or "moral" crimes that are not provided for in the Penal Code. [Para 27] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Continue its efforts to promote the rights of women and gender equality.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 44) The GIRoA has adopted various measures to continue the realization of women's rights and gender equality during the past four years; below are some examples:
- 65% female staff in the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSMD) up until 2013;
- An increase in the recruitment rate of women from 2316 in 2010 to 2841 in 2013 in the Ministry of Public Health;
- An increase in the recruitment rate of women from 78 in 2009 to 179 in 2013 in Judiciary;
- Participation of 25% of women in the Ministry of Border and Tribal Affairs;
- Convening of periodical workshops related to gender equality and women's rights for 275 individuals in Ministry of Education.
Para 52) Relevant ministries and government organizations carried out important tasks for the realization of the NAPWA and poverty reduction. The undertaken tasks are as follows: • Preparation of policy assisting women in private sector; • Preparation of policy aimed to solve the problems of Kochi (nomad) women; • Preparation of strategy on rights and economic security of women; … • Administration/management of 548 private sector companies by women; • Sending 38611 female personnel abroad for higher education and capacity building; • Establishment of loan cooperatives for women; • Establishment of 78 small and medium cooperatives for women.
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 113) The (NAPWA) has been prepared to create coordinated and systematic activities to improve the situation of women in six areas that include security and safety, protection of human rights of women, women leadership and political participation, economic and poverty, health and education. Majority of projects and programs have been implemented or are in the process of implementation through understanding and signing of protocols and agreements with government and non-government organizations. MoWA in this respect only has the role of monitoring and providing technical assistance in the implementation of projects. These projects have contributed considerably to the improvement of situation of women. The participation of women in all areas, including peace process, political and social participation in accordance with the Afghan Constitution has been ensured and women organizations are engaged under the auspices of government in different areas of political and social life.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:GreeceGreeceRegional groupWEOGPolitical groupEUOIFIssue:
- Gender equality
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:... Take effective measures to substantially increase the rate of attendance, particularly of the female population, in schools.ImplementationNational Report:
Para 124) Afghanistan has taken serious measures during the past four years to improve the quality and quantity of education.
Para 125) Since article 43 of the Afghan Constitution has guaranteed education up to the BA level for all its citizens without any discrimination, the GIRoA has taken measures that are mentioned as below:
(a) The adoption of Education Law;
(b) Providing the new educational curriculum.
Para 126) Implementation of the NAPWA was scrutinized and monitored in many departments of the Ministry of Education and the terms of reference have been developed for Gender Unit on the basis of the NAPWA. 275 staff, women and men, of the Ministry of Education participated in five rounds of training workshops on issues of gender, equality of rights, raising awareness on gender related issues and women's rights in Islam. These training workshops contributed to the raising of awareness of the participants regarding the rights of women and have had positive impacts. The Human Resources of the Ministry of Education envisages the process of personnel recruitment on the basis of merit and women are given the priority and their recruitment takes place on merit basis.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Sex work / "prostitution"
- Right to health
- Rights of same-sex desiring persons
Type:Review DocumentationSession:31st Session, November 2018Status:Not Followed up with a RecommendationContents:The United Nations Development Programme (UNDP) and the Food and Agriculture Organization of the United Nations (FAO) noted that key human rights violations continued to affect key populations, such as men who had sex with men, female sex workers and drug users. They continued to face discrimination and stigma that was affecting their access to health-care services, and they continued to be harassed, including by law enforcement agencies. [Para 37]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:31st Session, November 2018Status:Reference AddressedContents:HRW recommended … thoroughly investigate all allegations of and appropriately prosecute all those found responsible for the recruitment and sexual exploitation of children. [Para 21]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:LuxembourgLuxembourgRegional groupWEOGPolitical groupEUOIFIssue:
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Finalize adoption of a funding mechanism to implement the national plan of action for women, peace and security.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:LaosLaosRegional groupAsia-Pacific GroupPolitical groupASEANOIFIssue:
- Gender equality
- Empowerment of women
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Continue efforts to further enhance gender equality and women’s empowerment in line with the SDGs.