women’s rights and peace process
TRANSCRIPT
Women’s Rights and Peace Process
Discussion Paper
6 June 2021
TABLE OF CONTENTS
INTRODUCTION .................................................................................................................................................................... 1
CONTEXTUAL ANALYSIS ....................................................................................................................................................... 1
WOMEN’S ROLE IN PEACE PROCESSES: A GLOBAL GLANCE .............................................................................................. 2
AFGHAN WOMEN’S RIGHTS IN PEACE NEGOTIATIONS AND ITS OUTCOME ...................................................................... 5
THE RIGHT TO LIFE ................................................................................................................................................................ 6
THE RIGHT TO EDUCATION .................................................................................................................................................. 7
THE RIGHT TO WORK ............................................................................................................................................................ 8
THE RIGHT TO JUSTICE ......................................................................................................................................................... 9
THE RIGHT TO POLITICAL PARTICIPATION ........................................................................................................................ 10
RECOMMENDATIONS ........................................................................................................................................................ 10
To the government of Afghanistan.................................................................................................................... 10
To the Taliban .......................................................................................................................................................... 11
To civil society organizations .............................................................................................................................. 11
To the international community ........................................................................................................................ 12
REFERENCES ....................................................................................................................................................................... 12
Page | 1
AIHRC Position Paper on Women’s Rights
Introduction
Women’s rights are one of the main areas of concern in the current peace negotiations
between the Islamic Republic of the Government of Afghanistan and the Taliban. Afghan
women have suffered tremendously in Afghanistan’s violent conflicts and have paid a heavy
price. After the fall of the Taliban government, they fought hard to gain equality and secure
their basic human rights. They have made great progress on this path and, while they
desperately long for peace, they are fearful that women’s human rights could be a casualty in
the peace process. An agreement to protect women’s rights should be an important
cornerstone of the ongoing peace negotiations, acknowledging that it is a prerequisite for an
inclusive, democratic and stable society.
The AIHRC, an independent body mandated to uphold the protection of human rights in
Afghanistan, deems it important to set out its position on women’s human rights in the context
of the peace process. We also hope both negotiating teams consider this as a discussion paper
requesting them to take into consideration the situation of women in Afghanistan, their
aspirations and demands, and to address them in the peace process and beyond.
Contextual analysis
The situation of Afghan women has significantly changed in the last two decades, with a
considerable improvement in their social, political and legal standing.i Founded on Islamic
principles, the legal framework in Afghanistan provides equality, protection and opportunities
for women. Afghanistan is a signatory to major international human rights conventions and
treaties, including the Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW), which it ratified in 2003. Article 22 of the Afghan constitution forbids any
form of discrimination and distinction between Afghan citizens and declares equality between
men and women before the law. In 2009 Afghanistan enacted the Elimination of Violence
Against Women law to provide legal and Sharia based protection for women and to address
the demands of victims for justice. The legal standing of women is reinforced in important
national policy documents, strategies and action plans, such as the Afghanistan National
Development Strategy, the National Action Plan for the Women of Afghanistan and the
National Action Plan on UN Security Council Resolution1325 (NAP1325).
Afghan women have strived not only to gain and safeguard their rights de jure, but also they
have fought tenaciously to ensure equality in their day-to-day lives. The AIHRC has been at
the forefront of this endeavor. Since its inception, Women’s Rights has been one of the AIHRC’s
core programmes, whereby the Commission has protected and promoted women’s rights at
the district, provincial and national level through monitoring, investigation and advocacy, as
well as systematic research and policy development on key issues pertaining to women’s
rights, in particular violence against women.ii Civil society women’s rights organizations have
also demonstrated strong leadership, vision and courage in carrying forward the cause of
women’s rights. In particular, the Afghan Women Network, which consists of over 125 women’s
organizations, as well as thousands of individuals, has been intensely engaged in areas of
women’s political participation and leadership, women’s social and legal protection and
women, peace and security.iii
A protective legal framework combined with imperative measures to advocate, raise awareness
and implement on the ground has led to important changes in women’s lives in Afghanistan.
Today, women hold positions as ministers, deputy ministers, governors, members of
Page | 2
AIHRC Position Paper on Women’s Rights
parliament and judges. They are in the police force, in commerce and businesses, in sport, in
media, in art and cinema. Girls’ school’s attendance in the aftermath of the Taliban regime
spiked as never before. Women are represented in almost every sector in the society. More
than any other time in the history of Afghanistan, Afghan women are aware of their rights for
which they have fought hard and they are determined to preserve and protect them. They also
defend their rights, for example by reporting cases of domestic violence in record numbers.
Notwithstanding achievements, which have mainly improved the lives of urban middle class
women, numerous challenges continue to hinder the realization of basic human rights of
women and girls, particularly in rural and remote areas. Equal protection and benefits under
the law does not translate to equal opportunities in practice for a vast majority of Afghan
women. Despite a significant increase in girls’ school enrolment after 2002, the number of girls
in schools dropped nationwide after 2014.iv Currently, over 41% of Afghan girls are deprived
of primary and secondary education and 54% do not attend high school.v According to the
latest research findings of the AIHRC in Ghazni and Faryab provinces, ongoing violent conflicts
and insurgent attacks emerged as a main reason to curtail girls access to education.vi A
significant portion of girls schools in areas under the control of the anti-government forces
are either shut down or they are open under certain conditions and only up to the sixth
grade.vii In the same vein, despite significant improvements in the health sector since 2001,
the condition of women’s health continues to be alarming, particularly with regard to the
maternal mortality rate (661/100,000).viii Violence against women remains highix and conflict
related sexual violence (particularly in areas under the control of the Taliban) is alarming.x
Significantly, the AIHRC is very concerned about the extra judicial killings of women as well as
targeted attacks against them by the anti-government forces.
Furthermore, decades of violent conflict have produced a large number of internally displaced
women, war widows and disabled women and girls. Overall, women are disproportionally
affected by the conflict and this calls to attention the need for specific measures to ensure
their protection and guarantee of rights.
Women’s role in peace processes: A global glance
The 1990s is often described as the decade of peace agreements. Many civil wars ended
through peace processes culminating in peace agreements.xi Since then, global security has
deteriorated significantly, especially in the last decade, with an increase in non-state armed
conflicts and more complex and protracted wars with global dimension and challenges.xii
Among civilians, women and children constitute the bulk of casualties. xiii Under these
circumstances, peace processes must incorporate women as important stakeholders and
decision makers at every stage in the process. More than half of peace processes that reach
an agreement lapse back into conflict within the first five years.xiv Research, however, has
shown women’s meaningful participation and influence in the peace process not only raises
the chance to reach an agreement but also to implement it sustainably. Specifically, the failure
of peace agreements is reduced by 64% when civil society participates in the process.xv
Yet, women’s participation in peace processes remains an unfulfilled agenda of the UN Security
Council Resolution 1325 on Women, Peace and Security (2000), xvi which stresses the
important role of women in conflict resolution, peace negotiations and peace building, and
urges all actors to increase the participation of women in peace and security processes.
Acknowledging the crucial role of women as peacemakers and peace builders in all
communities around the world, UN Women has called on all parties to take meaningful steps
Page | 3
AIHRC Position Paper on Women’s Rights
to include more women in peace processes, in particular emphasizing the engagement of civil
society on the ground.xvii
In addition to the importance of women’s participation in peace processes, a study by UN
Women accentuates the notion of protection by referring to the UNSCR 1820 (2008), which
calls on the UN agencies to develop effective mechanisms to provide protection for women
and girls from violence in UN managed refugee and IDP camps, for disabled women in
disarmament, demobilization and reintegration process, as well as in justice and security sector
reforms.xviii The notion of protection can be expanded also to other international actors –
beyond the UN agencies and the UNSCR 1820- by drawing attention to the principle of
Responsibility to Protect (2005). Following the failure of the international community to
prevent the atrocities committed in Rwanda and former Yugoslavia in the 1990s, the
international community has committed itself that 1) each state has a responsibility to protect
its citizens from war crimes and crimes against humanity, and 2) that the international
community also has a responsibility, through diplomatic, humanitarian and other peaceful
means, to help protect populations from such crimes.xix
A number of cases can be mentioned as successful examples of women’s meaningful
participation in the peace process, which is increasingly seen as critical in prioritizing non-
violent actions over violence and sustaining peace agreements’ provisions. xx So far the
Philippines peace process has incorporated the highest percentage of women (35%) in its 2011
peace talks followed by Colombia (33%) during the talks leading to a landmark 2016 peace
agreement.xxi In Colombia, women constituted 20% of government negotiating team and
43% of the FARC’s delegate. They were present as negotiators, mediators and signatories. Their
inclusion in the peace process was crucial in making the peace agreement more inclusive, more
gender sensitive and more bottom-up.xxii Under the leadership of Leymah Gbowee, the
Women of Liberia Mass Action for Peace played a historic role by getting Charles Taylor to
agree to women attending peace talks with the leaders of the warring factions. Mastering the
art of “corridor lobbying,” a delegation of 200 women dressed in white applied consistent
pressure for a resolution that eventually culminated to the signing of a Comprehensive Peace
Agreement (2003). Ending a 14-year civil war, the people of Liberia for the first time not only
democratically elected their president in 2005, but they also elected a woman –Ellen Johnson
Sirleaf- in one of Africa’s most patriarchal societies.xxiii
Examples of Muslim women’s role in peace processes can also be enumerated. Seeking
guidance from the Holy Quran, the hadiths and the sunnah, Muslim women in both distant
and more recent history have played a significant role in conflict resolution and transformation
as well as forging peace. Specific concepts from the holy Quran, such as shura (consultation)
and sulh (peace or termination of a dispute)xxiv have served as important guiding principles
to encourage women’s participation in peace
processes.xxv Dekha Ibrahim in Kenya relied on such concepts and her religious and spiritual
identity as a Muslim to guide her vision as a mediator in the peace process. Similarly, in
Indonesia, Shadia Marhaban served as the negotiator for the Free Aceh Movement (GAM)
during 2005 peace negotiations in Finland, which successfully terminated the conflict in Aceh.
Like other renowned women negotiators and mediators, Ibrahim and Marhaban had started
their work as local level peacemakers and community organizers.xxvi In the Philippines, the
peace agreement in 2014 ended 17 years of negotiations between the government of the
Philippines and the Moro Islamic Liberation Front (MILF). This was the result of women’s
meaningful participation in the negotiations that were instrumental in re-starting the
Page | 4
AIHRC Position Paper on Women’s Rights
negotiations with the rebels. The MILF initially opposed women’s participation at the
negotiating table, but they eventually appointed a woman negotiator also on their side and
changed their views about women’s role in public positions. At the time of the signing of the
agreement, one third of the people at the negotiation table were women. Out of the
Agreement’s 16 Articles, eight Articles mentioned provisions that reinforced women’s position
in the government and development sector. As well, the Agreement contained protective
mechanisms against gendered-based violence.xxvii In Sudan, during peace negotiations on
Darfur (2004-2005), a heterogeneous group of 15 Darfurian women established a Gender
Expert Support Team (GEST) to assist the parties (three rebel groups) during negotiations.
Women constituted 8% of negotiators, 7% of mediators and 5% of signatories.xxviii Some
priorities suggested by the GEST –such as gender responsive reconciliation, women’s
participation in the DDR process, land rights and rehabilitation of women who survived conflict
-related sexual violence--xxix were incorporated in the final Darfur Peace Agreement. xxx
Although the Darfur agreement did not achieve peace, and in some respects may have
heighted the conflict on the ground that it was not an inclusive deal,xxxi women’s participation
in the process was a remarkable experience.
The Afghanistan Mechanism for Inclusive Peace (AMIP) was formally launched in September
2020 as a consortium of Afghan civil society representatives from across Afghanistan to form
a bridge between Afghan citizens and the negotiating teams. AMIP is a mechanism to ensure
the inclusion of all Afghans in the peace process, including women, youth, tribal and religious
representatives and war victims. Based on extensive consultation across the country and desk
research, AMIP has developed a Living Principles for an Inclusive Peace Process, in which,
among other provisions, it emphasizes meaningful representation of women and the “creation
of specalized advisory boards” to better amplify voices of certain sectors of the society.xxxii
AMIP could consider establishing a Specialized Gender Advisory Board (SGAB) comprising of
20 women members from different nooks and corners of Afghanistan. This will also be in line
with the demand of Afghan women at the grassroots –as well as those at the negotiating table-
who have expressed the need for a mechanism that can channel the voices of women and
ensure their meaningful participation in the peace process.xxxiii
In Afghanistan, the level of women’s participation in the current peace negotiations is 9% and
is confined only to the government delegation. This percentage represents only a small
fraction of Afghan women who comprise an equal share of the population. All research
findings unequivocally indicate that the people of Afghanistan desire a more active
participation of women in the peace process. In countrywide research conducted by the AIHRC
on Women, Peace and Security in 2019, 72% of respondents expressed dissatisfaction about
the level of women’s engagement in the peace process, urging for a more inclusive peace
process.xxxiv A more recent study by the Afghanistan Research and Evaluation Unit (AREU)
echoes similar findings, noting that research participants in four regional provinces consider
women’s role vital in the sustainability of the peace process. The AREU report highlights that
religious scholar do not see any basis in Islam to restrict women’s participation in the peace
process.xxxv Relying on bottom up perspectives from women, Afghan women civil society
organizations and activists have been actively advocating for an inclusive peace process,
particularly in view of Afghanistan’s commitment towards NAP 1325.
Page | 5
AIHRC Position Paper on Women’s Rights
Afghan women’s rights in peace negotiations and its outcome
In addressing the pressing question of women’s rights during peace negotiations and their
outcomes the AIHRC places emphasis on the importance of safeguarding Afghanistan’s
obligations towards its international and national commitments as regards to human rights
and women’s rights. We draw the attention not only to the Universal Declaration of Human
Rights (UDHR), the International Covenants on Civil and Political and Socio-economic and
Cultural Rights, the CEDAW, but also to the Organization of the Islamic Cooperation (OIC)
Declaration on Human Rights (ODHR)xxxvi and the Arab Charter on Human Rights. Article 1
(7) of the OIC Charter, of which Afghanistan is a member state since 1969, affirms its support
“for the rights of peoples as stipulated in the UN Charter and international law.” The Charter
also states to “safeguard and promote the rights of women and their participation in all
spheres of life.”xxxvii In accordance with other human rights declarations and treaties, the
Cairo Declaration (revised, but not yet formally approved, as ODHR) and the Arab Charter
affirm the equality of all human beings regardless of their race, color, sex, religious belief and
other differences.xxxviii All international treaties and covenants emphasize protection and
safeguarding of basic human rights for everyone, including the right to life, the right to
education, the right to work, the right to freedom of expression and belief, the right to own
property, the right to justice, the right to equality under the law, the right to compensation
and the right to association and political participation.
While the international human rights instruments provide a strong protective legal framework,
a Human Rights Based Approach (HRBA) reinforces the realization of basic human rights in
practice. Rooted in international human rights law, HRBA emphasizes principles of
participation, non-discrimination, accountability, transparency and empowerment. HRBA
supports rights-holders –especially the poor, the marginalized and the discriminated against-
to claim their rights and hold the duty bearers accountable. The framework focuses on
addressing the underlying causes of violations of rights and seeks to make a sustained
difference by implementing policy and practice changes.xxxix The HRBA emerged in the 1990s
in response to the “perfect isolation” between the human rights community and development
projects.xl Considering Afghanistan’s strong reliance on development aid, of which women’s
empowerment and upholding their rights have constituted a large component, it is all the
more necessary to reiterate the application of the HRBA framework in relation to women’s
rights. Importantly, HRBA principles are in full compatibility with Islam considering Islam’s core
values and principles as regards to human rights and human dignity. Specifically, Islam entrusts
all people with moral agency or Khilafah, which encourages active participation for social
change and justice.xli
In consideration of the issues discussed above and based on Afghanistan’s reality on the
ground, while the AIHRC recognizes the importance of all rights pertaining to women, it
highlights the upholding of the following rights of women as a priority during peace
negotiations, in the peace agreement and in the follow up of the peace process. The realization
of these rights is also in line with Afghanistan’s NAP 1325 goals and objectives that stress
women’s political participation, access to accountable justice, education and employment as
well as protection from violence and discrimination, particularly as regards marginalized
women.
Page | 6
AIHRC Position Paper on Women’s Rights
The right to life
The right to life is recognized in international human rights documents that urge its protection
by law and state that no one shall be arbitrarily deprived of it.xlii Article 23 of the Afghan
constitution declares it a gift of God and the natural right of human beings. Article 2 (a) of the
Cairo Declaration on Human Rights in Islam states: “Life is a God-given gift and the right to
life is guaranteed to every human being.”xliii It obliges the state, society and individuals to
protect this right from any violation based on the duty prescribed by Sharia. In compliance
with the Geneva Conventions, Article 3 in the Cairo Declaration prohibits the killing of non-
belligerents during armed conflict, specifically mentioning women. According to Islamic
scholars and jurists, human rights constitute an important part of faith. Numerous verses in
the Holy Quran stipulate the preciousness of human life and individuals’ responsibility to save
and protect it. It states: “Do not kill any soul whom Allah has forbidden you to, except through
(due process) of law.”xliv Islam places strong emphasis not just on the right to live, but to live
in dignity, that is the worth of a human being.
In Afghanistan, the right to life of women is violated in different forms. In addition to deaths
as a result of suicide bombings and aerial attacks, and many victims of domestic violence each
year, women are deprived of their right to life in extra judicial killings and targeted attacks
against them. The latter is an increasing and highly alarming trend in the last months about
which the Commission expresses its deep concern. In certain situations, such attacks amount
to war crimes and crimes against humanity, as exhibited in the attack against the maternity
hospital in Dasht-e Barchi earlier this year, claiming the lives of 24 mothers, new born babies
and female staff. In 2020, at least 26 cases of extrajudicial and targeted killings of women in
Taliban controlled areas have been reported to the AIHRC.
The AIHRC asks the negotiation teams to adopt provisions specifically targeted at protecting
women and children in conflict situations.
Page | 7
AIHRC Position Paper on Women’s Rights
The right to education
In addition to the proclamation of the right to education in the Article 13 of ICESCR and Article
10 of CEDAW, Article 9 of the Cairo declaration mandates the provision of knowledge and
education as a state and society duty, and emphasizes that every human being has the right
to receive religious and worldly education, including university level education. Article 34 of
the Arab Charter on Human Rights mandates the elimination of illiteracy as a state and society
duty and reinforces the accessibility of secondary and university education to all.xlv According
to the teachings of the Holy Quran, acquisition of education and knowledge is an obligation
for every Muslim, men and women. Depriving half of a society’s population of the right to
education therefore stands diametrically opposed to a core value of Islam. Article 44 of the
Afghan constitution specifically addresses the importance of creating opportunities and
fostering education for women.
While acknowledging Afghanistan’s important progress as regards to girls’ right to education,
AIHRC is deeply concerned about the insurgent attacks against education facilities and
personnel, linked mainly to the use of schools by the government as polling stations,xlvi and
restrictions and bans against girls’ education in Taliban controlled areas.xlvii Such attacks are
against the norms of international humanitarian law, which stipulates that all parties during
armed conflict must protect civilian buildings. This is reiterated in Article 3 (b) of the Cairo
declaration that prohibits targeting and destroying enemy’s civilian buildings by “shelling,
blasting or any other means.” AIHRC calls on all parties to the conflict to refrain from both
attacks on schools and the use of schools for military purposes.
Page | 8
AIHRC Position Paper on Women’s Rights
The negotiation teams should take into special consideration the right to education of
marginalized women and girls, such as the IDPs and returnees, war widows and their children
and disabled women and girls.
The right to work
The right to work is acknowledged in Article 23 (1) of the UDHR, Article 6 of the ICSECR and
Article 11 of the CEDAW, which asserts it to be an inalienable right of all human beings. Article
13 of the Cairo Declaration declares work a right that must be guaranteed by the state and
society for everyone and asserts that employee’s fair wages and other protective measures
must be guaranteed without any discrimination between men and women. This provision is
reinforced also in Article 32 of the Arab Declaration of Human Rights. The Quran allows women
the right to work and to earn their living, provided conditions are met according to Sharia.xlviii
Article 48 of the Afghan Constitution stipulates that work is the right of every Afghan.
The AIHRC calls for the preservation of the gains and achievements of women’s right to work
in different sectors, and draws the attention of the negotiation teams towards provision and
protection of the right to work of marginalized women. Our research findings show that
around 30% of women returnees, including those who are forcibly expelled from Iran, Pakistan
and other countries have difficulty to access employment. xlix Moreover, 74% of Afghan
women reside in districts and villages where the economy is based on agriculture and
husbandry. For these women, the right to work outside their homes ranked top (over 26%)
among a range of rights demanded in consecutive years in AIHRC’s research findings.l The
provision of sustainable employment opportunities for women will contribute towards
sustainable peace and prosperity and must be one of the essential outcomes of the peace
negotiations. This could include government laws and policies to remove discrimination and
stimulate economic growth; social measures to reduce family resistance to women working
outside the home; improved security, and incentives for women entrepreneurs.
Page | 9
AIHRC Position Paper on Women’s Rights
The right to justice
Access to justice is essential to the rule of law and fundamental to the injured party when a
right is violated. Article 8 of UDHR entitles everyone to an effective remedy by a “competent
national tribunal” for acts that violate fundamental human rights granted in the constitution
or law. The right to an effective remedy is also recognized in Article 2 (3a) of the ICCPR. Article
19 of the Cairo Declaration states that all individuals are equal before the law and the right to
resort to justice must be guaranteed to everyone according to Sharia. The right to justice holds
a vital place in Islam. Islam prohibits any “injustice, oppression and transgression,” and anyone
practicing them breaks the Islamic law and works against the will of God.li
Gender justice in post-conflict contexts is increasingly gaining momentum globally. In
situations of violent conflict, and its aftermath, gender-based violence, displacement, and a
range of rights violations disproportionally affect women. The international criminal tribunals
for Rwanda and for former Yugoslavia ha made significant progress by recognizing sexual
violence as “a war crime, a crime against humanity and a possible constituent act of genocide,”
and demanding accountability for such crimes in conflict.lii In 2018, the organization Islamic
Relief pioneered an Islamic Declaration on Gender Justice at the UN Commission on the Status
of Women in New York to address gender justice from an Islamic faith perspective and
adopting a HRBA perspective by “changing the narrative of oppression and exclusion.”liii
Afghanistan has made significant advances towards developing a legal framework to provide
justice to women, particularly by establishing the special courts to address violence against
women following the promulgation of the EVAW law. Nevertheless, access to justice continues
to remain a far-fetched dream to many Afghan women war victims and in rural areas.liv While
women have sought out and settled inheritance and property disputes in Taliban courts,
victims of domestic violence cannot even attain the “limited possibility for justice that exists in
Page | 10
AIHRC Position Paper on Women’s Rights
government courts.”lv In addition to the protection of the current mechanisms for gender
justice in Afghanistan, the AIHRC calls on the government of Afghanistan to deliver its NAP
1325 commitment as regards women’s access to an effective, active and accountable justice
system, lvi ensuringing increased outreach to marginalized women, particularly in IDP
settlements and in rural areas. Significantly, we call for an immediate ban on judgments of
women in unlawful courts (mohakim-e Sahraee) in Taliban controlled areas.
The right to political participation
The Convention on the Political Rights of Women (1953) guarantees women’s right to vote, to
hold public office and to function publically on “equal terms with men, without any
discrimination.”lvii These provisions are reinforced in Article 7 of the CEDAW. In addition to
being a state party to CEDAW, Afghanistan has signed and ratified the Convention on the
Political Rights of Women in 1966 without any reservations.lviii Article 33 of the Afghanistan
Constitution grants every citizen the right to elect and be elected. Article 5 of the Election Law
reinforces this provision by outlawing any limitations based on race, gender, ethnicity,
language, social status or disability to elect or be elected. Moreover, in 2018 the Ministry of
Women’s Affairs ratified a policy to strengthen women’s participation in elections as per the
NAP 1325 participation pillar.lix Islam, historically and in recent times has actively encouraged
women’s political participation in the society. In Islam, Sahabiat (the feminine of the word
sahabi that means companion of the Prophet), refers to women “who enjoyed the right to
enter into the councils of the Muslim umma, to speak freely to its Prophet-leader, to dispute
with the men […] and to be involved in the management of the military and political affairs.”lx
In the last two decades, Afghan women have enjoyed the right to political participation across
the country. Additionally, women have been at the forefront of the civil society efforts to
ensure participation, equality under the law, and prevention of gender-based violence.
However, in AIHRC’s nation-wide research in 2019, among four main variables precluding
women from voting in the Presidential election, insecurity and threat by the Taliban ranked
top on the list (37.8 %). The other significant factor was distrust in the election process (34.8%),
which has led to a decline in the registered constituents in successive elections over the
years.lxi As peace negotiations are ongoing, Afghan women are at the frontline to ensure their
voices are heard in the negotiations and their struggles and sacrifices of the last two decades
are not void in peace negotiations and measures that flow from a peace agreement.
Recommendations
To the government of Afghanistan
As the main duty-bearer, the government of Afghanistan is responsible to ensure the
realization of women’s rights by complying with its national and international commitments
and by enabling rights-holders to exercise the rights to which they are entitled. In the spirit
that peace and security efforts are likely to be more sustainable with active participation of
women, the government of Afghanistan should more actively engage with the implementation
of NAP 1325. NAP 1325 was designed with four pillars of participation, protection, prevention
and relief and recovery. Specifically, the government could undertake the following steps:
• Strengthen women’s political and meaningful participation by increasing their role at
the negotiation table. Women should be present not just as negotiators but also
mediators and signatories.
• Aim to increase women’s participation in the negotiating table from 9% to at least 30%
Page | 11
AIHRC Position Paper on Women’s Rights
• Agree on and negotiate gender sensitive provisions in the peace agreement, such as
provision of educational and employment opportunities, particularly to disadvantaged
women and girls, land rights of women war victims; protection of women from gender-
based and other types of violence; access to gender justice; provision of gender
sensitive reparation programs, including psychosocial and rehabilitation support;
provision of safe space for women’s participation in politics, police and security forces,
civic action and so on.
• Take into special consideration the needs of marginalized women and girls such as war
widows, IDPs and the disabled. Despite provisions in NAP 1325, in practice little has
been undertaken in this regard.lxii In collaboration with civil society, in 2019, MoWA
developed a protection policy and action plan for women under conflict and
emergency situations. lxiii The government must ensure to actively support the
implementation of this policy and action plan.
• In the context of NAP 1325 and with support from the international community, devise
programs to bridge the nexus between humanitarian aid and development projects.
While humanitarian aid is essential in the aftermath of an emergency, development
cooperation offers sustainable solutions to structural problems, thus increasing the
living conditions of marginalized women and improving their resilience.
To the Taliban
• Respect and preserve all rights of women as stipulated in Afghanistan’s Constitution,
including but not limited to the provisions of article 22, which states that men and
women “have equal rights and duties before the law,” article 23 on the right to life,
article 44 on women’s right to education, and article 48 on the right of all citizens to
work.
• Stop immediately extra judicial killings of women and judgment of women in illegal
courts (mahkam-e Sahraee).
• Uphold the right of girls to education in primary, secondary and higher education
(including university) and further enable women’s education through literacy courses
and other community-based initiatives.
• In respect of international humanitarian law, prohibit all attacks on school facilities and
personnel and ensure that fighters will not use schools for military purposes.
• Take all necessary measures to ensure female health workers can travel safely and
without male family members outside health facilities to visit marginalized women in
IDP settlements, war widows or those who cannot travel to health centers, and facilitate
women’s access to health care in Taliban controlled areas.
• Facilitate external and independent evaluation and data collection mechanisms to
assess women’s access to their rights, in particular the right to education, the right to
work and the right to political participation.
• Ensure the safety and protection of women who wish to elect or be elected and
guarantee women’s political participation at all levels.
To civil society organizations
It is recommended that the Afghanistan Mechanism for Inclusive Peace (AMIP) consider
establishinga Specialized Gender Advisory Board (SGAB). The SGAB could undertake the
following:
Page | 12
AIHRC Position Paper on Women’s Rights
• In the context of NAP 1325, the AWN has established Provincial Peace Committees and
Provincial Consultative Committees, which entail membership from different sectors in
the society to coordinate, raise awareness and advocate for women’s participation in
the peace process. lxiv Relying on this experience, and in consultation with other
stakeholders, the AWN could play an active role in the establishment of the SGAB.
• Ensure inclusion of at least five women who are well versed in Sharia and women’s
position in Islam.
• Ensure there are relevant human rights and women’s rights experts at the talks.
• Provide evidence-based recommendations and testimonies on women and girls
demands from different parts of the country and negotiate core priorities of the rights
of women and girls to be included in the final agreement.
• Advocate for the inclusion of protective measures in relation to violence against
women in conflict-affected areas.
• Advocate for the inclusion of the priorities of marginalized women and girls, such as
the IDPs, the disabled and war widows.
• Establish a channel of communication with women peacebuilders worldwide, and with
women in the Islamic world in particular.
To the international community
The presence of the international community has been a key factor in the protection of the
rights of Afghan women and will continue to be of significant value. To further increase the
impact of its sustained support at this crucial juncture, we recommend the following:
• Building on the EU’s strong emphasis on the role of women in the peace process, help
establish a platform to connect Afghan women civil society with women peacebuilders
globally.
• Exert continued pressure on the parties to the negotiations to ensure inclusion of
women’s rights and support the establishment of SGAB technically and financially.
• In consideration that the international community has a responsibility to uphold core
international human rights treaties that require more than mere condemnation,
observe the Principle of Responsibility to Protect, particularly Pillar 2, as part of a
prevention agenda and support to the Afghan state to ensure civilian protection.
• Incorporate the HRBA framework to developments as regards to women’s rights. This
implies mainstreaming human rights principles as safeguarding mechanisms in
development projects as well as part of the incentive programs for aid conditionality.
Ensure that more human rights benchmarks and indicators are incorporated in the
government on-budget funding.
• Increase financial assistance to the organizations that provide capacity development of
women peacebuilders to negotiate, inform and influence decisions.
References
i Arbour, L. (2013). Fighting for Women’s Rights in Afghanistan, International Crisis Group, https://www.crisisgroup.org/asia/south-asia/afghanistan/fighting-women-s-rights-afghanistan ii Afghanistan Independent Human Rights Commission, Thematic and Research-based Reports. https://www.aihrc.org.af/home/research-reports/15
Page | 13
AIHRC Position Paper on Women’s Rights
iii Afghan Women Network. (n.d). Areas of Focus, http://awn-af.net/cms/index iv Human Rights Watch. (June 2020). “You Have No Rights to Complain”: Education, Social Restrictions, and Justice in Taliban-Held Afghanistan. New York: HRW. v,Afghanistan Independent Human Rights Commission, Human Rights Research and Study (May 2020). Assessment of access to the right to health and education in Afghanistan. Research report No. 2. https://www.aihrc.org.af/media/files/ آموزش20%و20%صحت20%حق_به20%دسترسی20%میزان20%گزارش20%متن .pdf viAfghanistan Independent Human Rights Commission, Human Rights Research and Study. (March 2020). Report on girls’ access to education in Ghazni and Faryab provinces. Kabul: AIHRC. vii Human Rights Watch. (June 2020). “You Have No Rights to Complain”: Education, Social Restrictions, and Justice in Taliban-Held Afghanistan. New York: HRW. viii Afghanistan Independent Human Rights Commission, Human Rights Research and Study. (April 2020). Assessment of access to the right to health and education in Afghanistan. Research report No. 2. Kabul: AIHRC. ix Afghanistan Independent Human Rights Commission. (November 2019). Summary of the report on violence against women. Kabul: AIHRC. x Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. (June 2020). Afghanistan. https://www.un.org/sexualviolenceinconflict/countries/afghanistan/ xi International Council on Human Rights Policy. (2006). Negotiating justice? Human rights and pace agreements. Geneva: ATAR Roto Press. http://www.ichrp.org/files/reports/22/128_report_en.pdf xii Policy Department for Citizens’ Rights and Constitutional Affairs (European Parliament). (May 2019). Women’s role in peace processes. https://www.europarl.europa.eu/RegData/etudes/STUD/2019/608869/IPOL_STU(2019)608869_EN.pdf xiii ibid. xiv UN Women. (2015). Preventing conflict, transforming justice, securing the peace: A global study on the implementation of United Nations Security Council resolution 1325, https://www.peacewomen.org/sites/default/files/UNW-GLOBAL-STUDY-1325-2015%20(1).pdf xv ibid. xvi UN Women. (2012). Women’s participation in peace negotiations: Connections between presence and influence. https://reliefweb.int/sites/reliefweb.int/files/resources/03AWomenPeaceNeg.pdf xvii UN Women. (2015). xviii United Nations Security Council (2008). Resolution 1820, https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/CAC%20S%20RES%201820.pdf xix United Nations (n.d.). Responsibility to Protect, https://www.un.org/en/genocideprevention/about-responsibility-to-protect.shtml xx Policy Department for Citizens’ Rights and Constitutional Affairs (European Parliament). (May 2019). Women’s role in peace processes. https://www.europarl.europa.eu/RegData/etudes/STUD/2019/608869/IPOL_STU(2019)608869_EN.pdf xxi Council on Foreign Relations. (n.d.). Women’s roles in peace processes. https://www.cfr.org/womens-participation-in-peace-processes/explore-the-data xxii Council on Foreign Relations. (n.d.). Women’s roles in peace processes. xxiii United Nations, Africa Renewal. (July 2018). Women: Liberia’s guardians of peace, https://www.un.org/africarenewal/magazine/april-2018-july-2018/women-liberia’s-guardians-peace xxiv Ahmad, S.B. (2015). Sulh: an alternative dispute resolution and amicable settlement of family dispute: Umran Journal of Muslim Affairs, 1 (1). xxv Herbolzheimer, K. (July 2011). Muslim women in peace processes: Reflections for dialogue in Mindanao (Discussion paper). London: Conciliation Resources. xxvi UN Women. (2015). xxvii Ibid. xxviii Council on Foreign Relations. (n.d.). Women’s roles in peace processes. xxix UN Women (28 October 2019). The power of women peacebuilders. https://www.unwomen.org/en/news/stories/2019/10/compilation-the-power-of-women-peacebuilders xxx Ibid. https://www.cfr.org/womens-participation-in-peace-processes/darfur xxxi Nathan, L. (September 2006). No ownership, no peace: The Darfur Peace Agreement. Crisis State Research Center (Working paper no. 5), LSE,https://www.lse.ac.uk/international-development/Assets/Documents/PDFs/csrc-working-papers-phase-two/wp5.2-darfur-peace-agreement.pdf
Page | 14
AIHRC Position Paper on Women’s Rights
xxxii Afghanistan Mechanism for Inclusive Peace (AMIP). (March 2020). Living Principles for an Inclusive Afghan Peace Process, https://amip.org.af/wp-content/uploads/2019/09/LIVING-PRINCIPLES-FOR-AN-INCLUSIVE-AFGHAN-PEACE-PROCESS-6-March-1.pdf xxxiii Afghanistan Research and Evaluation Unit. (September 2020). Women’s participation in the Afghan peace process. Kabul: AREU xxxiv Afghanistan Independent Human Rights Commission. (2019). Women, peace and security (National research report). Kabul: AIHRC. xxxv Afghanistan Research and Evaluation Unit. (September 2020). Women’s participation in the Afghan peace process. Kabul: AREU. xxxvi Formerly known as the Cairo Declaration of Human Rights in Islam (1990), in 2015 the 42nd Session of the OIC Council of Foreign Ministers (CFM) mandated the Independent Permanent Human Rights Commission of the OIC to review the Cairo Declaration against the universal human rights instruments and suggest necessary adjustments for its improvement. The approval ceremony of the document was to take place at the OIC’s CFM meeting in April 2020. The event, however, was cancelled due to Covid-19 pandemic. For a detailed review of this process, please see: Kayaoglu, T. (September 2020). The Organization of Islamic Cooperation’s Declaration on Human Rights: Promises and pitfalls, Brookings Doha Center Publications: https://www.brookings.edu/research/the-organization-of-islamic-cooperations-declaration-on-human-rights-promises-and-pitfalls/ xxxvii Organization of Islamic Cooperation (OIC). (n.d.). Charter of the Organization of Islamic Cooperation. https://www.oic-oci.org/upload/documents/charter/en/oic_charter_2018_en.pdf xxxviii Organization of the Islamic Conference (OIC). (5 August 1990). Cairo Declaration on Human Rights in Islam. https://www.refworld.org/docid/3ae6b3822c.html. For the update on the OIC Declaration of Human Rights, please see: https://www.oic-oci.org/topic/?t_id=23244&t_ref=13948&lan=en xxxix UNSDG. (n.d.). Human Rights-Based Approach. United Nations Sustainable Development Group. https://unsdg.un.org/2030-agenda/universal-values/human-rights-based-approach xl Uvin, P. (2007). From the right to development to the Rights-based approach: ow ‘human rights’ entered development. Development in Practice, 17 (4/5), 597-606. xli Ahmad, M. & Rae, J.D. (2015). Women, Islam, and Peacemaking in the Arab Spring, Peace Review, 27:3, 312-319, DOI:10.1080/10402659.2015.1063373 xlii Ghandhi, S. (2008). International human rights documents. Oxford: Oxford University Press. (For example, see Article 6 of the International Convention on Civil and Political Rights). xliii Organization of the Islamic Conference (OIC). (5 August 1990). Cairo Declaration on Human Rights in Islam. https://www.refworld.org/docid/3ae6b3822c.html xliv Berween, M. (2002). The fundamental human rights: An Islamic perspective. The International Journal of Human Rights, 6(1), 61-79. xlv League of Arab States. (15 September 1994). Arab Charter on Human Rights, https://www.refworld.org/docid/3ae6b38540.html xlvi UNICEF. (2019). Afghanistan sees three-fold increase in attacks on schools in one year. https://www.unicef.org.uk/press-releases/afghanistan-sees-three-fold-increase-in-attacks-on-schools-in-one-year-unicef/; United Nations Assistance Mission in Afghanistan. (2019). Protection of Civilians in Armed Conflict 2019, https://unama.unmissions.org/sites/default/files/afghanistan_protection_of_civilians_annual_report_2019_- _22_february.pdf_ xlvii Human Rights Watch. (June 2020). “You have no right to complain”: Education, social restrictions, and justice in Taliban-held Afghanistan. https://www.hrw.org/report/2020/06/30/you-have-no-right-complain/education-social-restrictions-and-justice-taliban-held xlviii El Saadawi, N. (1988). Woman and Islam, Women’s Studies International Forum, 5 (2), 193-206, https://www.sciencedirect.com/science/article/abs/pii/0277539582900279 xlix Afghanistan Independent Human Rights Commission. (2018). Human rights of women and children returnee and forcibly expelled to Afghanistan. Kabul: AIHRC. https://www.aihrc.org.af/media/files/Reports/Research/Dari/ ها20%کننده20%عودت20%گزارش .pdf l Afghanistan Independent Human Rights Commission. (2018). Human rights of women and girls in districts and villages of Afghanistan. Kabul: AIHRC. https://www.aihrc.org.af/media/files/Reports/Research/Dari/ قریه20%دختران20%و20%زنان20%علیه20%خشونت20%آمار20%سروی %E2%80%8C %ها20 افغانستان 20%در20%ودهات .pdf li Berween, M. (2002). The fundamental human rights: An Islamic perspective. The International Journal of Human Rights, 6(1), 61-79, p. 66. lii UN Women. (2015). p. 326; United Nations (n.d.). Increasing women’s access to justice in post-conflict societies. https://www.un.org/en/chronicle/article/increasing-womens-access-justice-post-conflict-societies; ICTY (n.d.). Crimes of sexual violence, https://www.icty.org/en/features/crimes-sexual-violence
Page | 15
AIHRC Position Paper on Women’s Rights
liii Islamic Relief Worldwide (n.d.). Islamic relief announces ‘Islamic Declaration of Gender Justice’ at the UN Conference. https://www.islamic-relief.org/islamic-declaration-gender-justice liv Afghanistan Independent Human Rights Commission. (2018). Human rights of women and children returnee and forcibly expelled to Afghanistan. Kabul: AIHRC. lv Human Rights Watch. (June 2020). P. 6. lvi Islamic Republic of Afghanistan, Ministry of Foreign Affairs, Directorate of Human Rights and Women’s International Affairs ( June 2015). Afghanistan’s National Action Plan on UNSCR 1325 – Women, peace and security, Kabul: Islamic Republic of Afghanistan. https://unama.unmissions.org/sites/default/files/wps- afghanistan_national_action_plan_1325_0.pdf lvii United Nations. (31 March 1953). Convention on the Political Rights of Women, http://www.un.org.ua/images/Convention_on_the_Political_Rights_of_Women_eng1.pdf lviii United Nations Treaty Collection (1953). Convention on the Political Rights of Women. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVI-1&chapter=16&lang=en lix Islamic Republic of Afghanistan, Ministry of Foreign Affairs. (2018). Third report on the implementation of National Action Plan 1325 UN Security Council Resolution (Women, Peace and Security), http://www.cdn.mfa.af/mfa_reports/nap-3rd-report-dari-final.pdf lx Mernissi, F. (1991). The veil and the male elite: A feminist interpretation of women’s rights in Islam. New York: Basic Boos. lxi Afghanistan Independent Human Rights Commission. (2019). Women, peace and security (National research report). Kabul: AIHRC. lxii Islamic Republic of Afghanistan, Ministry of Foreign Affairs. (2018). Third report on the implementation of National Action Plan 1325 UN Security Council Resolution (Women, Peace and Security). lxiii Saeed, H. (2019). Independent Reporting Mechanism (IRM): design report Afghanistan 2017-2019. Washington DC, Open Government Partnership. https://www.opengovpartnership.org/wp-content/uploads/2019/10/Afghanistan_Design_Report_2017-2019_EN.pdf lxiv Islamic Republic of Afghanistan, Ministry of Foreign Affairs. (2018). Third report on the implementation of National Action Plan 1325 UN Security Council Resolution (Women, Peace and Security). p. 17.