Displaying 1 - 25 of 58126 recommendations found
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Gender equality
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Complete implementation of the 10 year National Action Plan for Women, with a particular focus on the most vulnerable.ImplementationNational Report:
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 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 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.
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.
Para 137) Targeted groups for Social Safety Network are indigent families with female breadwinners and families that have children below 14 years of age, indigent disables, widows …
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:In order to implement reforms in legal and judicial sectors, the GoA has adopted several national programs including: ... establishment of the Ministry of Women's Affairs as a human rights protecting mechanism for women. [Para 19] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- International human rights instruments
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:During last seven years Afghanistan has achieved great success in reference to ensuring Women's Rights. The formation of Ministry of Women Affairs in the government structure, joining the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), exerting equal rights of men and women in the Constitution, presence and active participation of women in social, economic and cultural spheres, all are considered major gains in such a relatively short span of time. [Para 79] -
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:Reference AddressedContents:UNICEF noted that there are still enormous gender gaps (in access to education) and that lack of security is a major challenge. [Para 46] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Submit its first periodic report without further delay and ensure full implementation of CEDAW and other international human rights conventions to which Afghanistan is a party.ImplementationNational Report:
Para 8) ... Provisions of ICCPR, CEDAW, CRC, ICESCR and other relevant conventions were considered.
Para 9) The GIRoA, during periodic reporting, has developed three comparative reports on national laws in the light of international conventions of human rights; ... 3) report on comparative review of national laws in the light of CEDAW, All similarities, differences and flaws in the national laws have been identified and highlighted, and specific
recommendations have been made through the above reports to address such discrepancies.
Para 139) The process of preparation of second periodical report of Islamic Republic of Afghanistan on Elimination of All Kind of Discrimination against Women commenced on August 2009 and completed in June 2011 with technical support of UNWOMEN and financial support of Norway, Dutch and Danish embassies in Kabul.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:5th session, May 2009Status:NeglectedContents:HIV-related stigma and discrimination undermine Afghanistan's responses to the epidemic, because they prevent people from accessing information and important HIV prevention and treatment services. The take-up of HIV counselling and testing services, for example, is low. Discrimination against people living with HIV affects their access to information and knowledge, employment, housing, insurance, social services, education, health, and inheritance rights for women and men. Strong prejudice against people living with HIV has been found in health services. [Para 39] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:NicaraguaNicaraguaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Take into account the outcomes of this universal periodic review in the process of transformation and national reconstruction and pay particular attention to the most vulnerable social groups, among which, women and children. -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:BahrainBahrainRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Women's and / or girls' rights
- Empowerment of women
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Comply with its CEDAW obligations, and undertake further steps to empower women at all levels by creating more employment opportunities and increasing their rights in participation in decision-making.ImplementationNational Report:
Para 112) The MoWA continues its efforts to place gender equality and women’s empowerment in all national documents to reflect women’s requirements. Therefore, in addition to the National Action Plan for Women, it has drafted for the first time a five-year strategic plan for the period 2018–2022. It highlights the priorities of the Ministry and predicts the required resources and facilities. 2,228 Women received assistance from the MoWA for small businesses.
Para 113) The creation of the Women Chamber of Commerce improves women’s access to markets.
Para 114) MoIC established a department for women’s entrepreneurship and drafted a 5-year Plan from 2018–2022 for the empowerment of women entrepreneurs in the private sector. To improve women’s empowerment, MoIC supports special exhibitions for women inside and outside Afghanistan, where women can exhibit their products. Furthermore, MoIC supports conferences In Kabul and several provinces on development and improvement of women’s private entrepreneurship, where women can address and discuss problems and challenges they face to find a solution. MoIC designed a 5-year project, dealing with import and export of women products, enhancing the quality and design of Afghan products, and branding (made by Afghan Women). It is planned that 5,600 women shall receive support during this 5-years period. To support women in trade, small grant are being given to women to start their businesses or they are being given land in industrial parks. Furthermore, they are being provided support in access to raw material and benefit from a tax reduction.
Para 115) MRRD shall ensure social, economic, and political welfare of rural society, especially poor and vulnerable people, through the provision of basic services, strengthening local governance, and promoting sustainable livelihoods. It created the Afghanistan Rural Enterprise Development Program for economic empowerment of women.
Para 116) More than 760 private companies are being led by women, 400 women merchants are working on an international level.
Para 120). The Independent Administrative Reform and Civil Service Commission (IARCSC) has implemented a policy aiming to increase the number of women by 2%. They furthermore have conducted awareness raising activities for female college students. It has furthermore created a CV pool of women eligible to apply for civil service positions to ensure equity in the Government. The gender representatives of Ministries and Independent Institutions are present during recruitment processes and in order to increase the ratio of women’s recruitment, a 5% extra mark is considered for female applicants in accordance with the recruitment manual.
Para 121) Women’s representation in different areas:
• National Assembly 27%.
• Provincial Councils 20,9%.
• Cabinet 15%.
• Decision Making levels of the Government 10%.
• Health Sector 33%.
• Private Sector 21,7%.
• Government Agencies 26%.
• Judiciary 12%.
• Security Sector 1%.
• Decision Making levels of private sector 9,8%.
• Private Sector 21,7%.
• Economic Sector 6 %.
• The percentage of women at the AGO increased from 15 % 2017 to 23 % in 2018. It has 10 women directors. The AGO offered an internship for 241 women. 153 of them got a job at the AGO.
• The women percentage at the Supreme Court is 23 %.
• The 2016 Elections Law has taken into consideration the 25% women’s quota in the district councils and stipulates that “At least 25% of the seats should be dedicated to women candidates in each district council”.
UN Compilation:
Para 31) OHCHR/UNAMA noted that the Government had been making efforts to build a representative political system and national institutions by increasing the representation of ethnic communities and women, particularly through the parliamentary elections. Despite those efforts, women remained underrepresented in the political sphere at the national, provincial and district levels, and their representation in the institutions of governance remained low. Moreover, women’s meaningful participation in decision-making processes required serious attention.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Gender equality
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Advance in the application of legislative measures aiming at the prohibition of discrimination in education, in particular in the rural areas, with a view to promoting gender equality.ImplementationNational Report:
Para 84) The MoE has developed its third National Education Strategic Plan (2017–2021) with its main goals: (1) Provision of pre-school education (50% of which is for girls), Provision of local educational classes and accelerated education for children left out of school (50% of which is for girls) (2) Increasing the ratio of girls’ admission to technical and vocational institutions from 17% in 2015 to 26% by 2021 (3) Conducting on job trainings for newly recruited female teachers as well as provision of literacy courses for women and raising it from 60% to 100% by 2021 (4) Increasing the number of female literacy students from 53% in 2015 to 60% by 2021 and provision of emergency educational programs for children of IDPs and Repatriates. (50% of which is for girls) (5) Launching awareness raising programs on the importance of education for girls, provision of financial incentives and stipends for female teachers during on-job trainings (6) Provision of pre-work courses for female students and provision of Master’s degree education for the instructors of teacher training institutions that include women (7) Provision of health services in the schools for both male and female and provision of literacy classes across the country aimed at increasing the rate of female admission in the literacy courses from 53% to 60% by 2021 (8). Increasing percentage of female teachers in Schools to 34%.
Para 86) The official statistics of the MoE states, the number of school students in Afghanistan, including private and public schools, reached 9,234,459 persons, of which 5,703,160 are boys and 3,531,299 are girls.
Para 87) A national policy for girl education has been drafted by the MoE. This policy focuses on delivering quality education and awareness campaigns among the public.
Para 88) The MoHE implemented a Strategy and Regulation which deals with women education in particular. Through these documents, women quota has been introduced, which is that 24% of all university students are girls in 2017.
Para 92) 3,000 female teachers have been sent out to remote areas to educate girls. The MoE special educational program named IQRA, enhances access to education and ensures the quality of education in 17 remote provinces, which are classified as low-level education areas for children, particularly girls.
UN Compilation:
Para 38) … In addition to barriers to education arising from insecurity, throughout 2015, anti-government elements had deliberately restricted women and girls’ access to education, which included the closure of girls’ schools and complete bans on education for women and girls.
Para 40) UNESCO noted that despite the Government’s efforts, girls and women faced serious challenges in accessing and completing their education, with education being more a privilege than a right. Members of Taliban groups had also openly declared their opposition to the education of girls and had used violent attacks against girls, their families and teachers. Early marriages often had a direct and adverse impact on girls’ education, compromising their education opportunities and resulting in higher dropout rates.
Stakeholder Summary:
Para 33) ODVV noted that one of the outcomes of the spread of war and conflict is the restriction of the right to education. As a result of increased insecurity, hundreds of schools have closed and many children that include two-thirds of girls have been deprived of education. In spite of improvement in access to education, in some areas, security concerns and social traditions are still major obstacles in the way of girls’ access to education. In parts of the country where children can attend school, there are not enough available facilities. Altogether 41 percent of schools do not have a building. And the distance between where many of these children live from school is so long that they are not able to attend classes in schools. The lack of standard schools and the long distance alongside cultural issues and insecurity have great impacts on the deprivation of girls from education.
Para 36) HRW noted that the number of girls in school is falling due not only to insecurity, but to discriminatory practices, lack of female teachers, and schools that lack boundary walls and toilets. In the second UPR cycle, eight recommendations urged the Afghan government to ensure equal access to education for women and girls. Girls currently represented about 40 percent of the nearly 9 million children attending school in Afghanistan. By 2018, those percentages have fallen, and the situation for girls’ education is getting worse. For the first time since 2002 the number of Afghan children studying is falling. HRW report found that while deteriorating security is a significant barrier to girls’ education, girls were at increasing risk of missing school due to discrimination against girls within the school system, child marriage, lack of female teachers; and lack of facilities including boundary walls and toilets. The Afghan government has 5,260 boys’ schools but only 2,531 girls’ schools, and 60 percent of Afghan government schools have no toilets, which deters girls, especially those who have begun menstruation, from attending school.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Violence against women / gender-based violence
- Human rights defenders
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Take measurable steps to fully implement the Elimination of Violence Against Women law, and investigate thoroughly all suspected cases of gender based violence and violence against defenders of women's rights and bring those responsible to justice.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:SwedenSwedenRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Reinforce efforts to implement the Law on the Elimination of Violence against Women in order to support the establishment of specialized police and prosecutions units; to track the number of cases brought under the Law; and to investigate provinces or districts with low numbers of prosecutions.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:TunisiaTunisiaRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:18th session, February 2014Status:Unclear ResponseContents:Ratify the ... OP-CEDAW.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. -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:LiechtensteinLiechtensteinRegional groupWEOGIssue:
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:QuestionSession:18th session, February 2014Status:Not Followed up with a RecommendationContents:Liechtenstein notes with satisfaction the establishment of the Elite Women's Advisory Board, which aim is to ensure women's engagement in the peace process at all levels of the Government. However, Liechtenstein is deeply concerned that women's meaningful and effective participation in the peace and reconciliation process is being jeopardized by several factors, in particular, the limited number of women members of the High Peace Council (9 of 70 members).
What measures have been implemented to increase the representation of women in the High Peace Council?
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:18th session, February 2014Status:NeglectedContents:... It urged Afghanistan to ... take temporary special measures to redress the gender imbalance. [Para 21; CESCR] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Women's and / or girls' rights
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Take promptly any necessary action to comply with any findings of the review of the draft Shia Personal Status Law with the Constitution.ImplementationNational Report:
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 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:National ReportIssue:
- Marginalized groups of women
Type:Review DocumentationSession:18th session, February 2014Status:N/AContents:Ministry of Refugees and Repatriation, in the light of International Convention of 1951 and protocol of 1967, has signed tripartite agreements (The Islamic Republic of Afghanistan, Host Country and UNHCR) with 10 host countries to improve social, economic, and educational status of refugees and further protection of their rights. Of these
10 host countries, Afghanistan has held 18 meetings with Islamic Republic of Iran and 23 meetings with Islamic Republic of Pakistan that hosts a bulk of Afghan refugees to solve refugees’ problems. These agreements are revised annually for better and effective support of vulnerable groups like ..., widows and ... whose treatments are not
possible in the host country. [Para 130] -
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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:BoliviaBoliviaRegional groupGRULACPolitical groupOASOEIIssue:
- Empowerment of women
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Continue the Development Program of Rural Enterprises in Afghanistan to economically empower women.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AlbaniaAlbaniaRegional groupEEGPolitical groupOICOIFIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Take the necessary steps for the effective implementation of the Elimination of Violence against Women Law.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Take further steps to ensure full implementation of the Elimination of Violence against Women law and the provisions regarding protection of women’s rights included in the new Penal Code and in the National Action Plans for the Women and on Women, Peace and Security.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IndiaIndiaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Empowerment of women
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Continue measures for women’s empowerment.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:MyanmarMyanmarRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Early marriage
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Accelerate the process of making the law on family protection that will amend the age of marriage in accordance with the provisions of the CRC.