IPU urges rejection of Afghan law protecting abusers of women

Under the new law, prosecutors could never come to court with cases like that of Sahar Gul, 15, tortured for months by her in-laws when she refused to work as a prostitute for them. ©REUTERS/Omar Sobhani

IPU has called on Afghanistan to reject a new law that would prevent judicial authorities from questioning the relatives of a criminal defendant in a case involving violence against women and girls, making prosecutions highly difficult.

With most violence against women in Afghanistan occurring within the family, the new law would deny effective protection and reparation to victims by silencing those who witness their abuse.

The bill, passed by both houses of the Afghan parliament on 19 January, is awaiting signature by President Hamid Karzai to come into force.

IPU is calling on the President to reject it and send it back to parliament until it is revised in line with the Law on Elimination of Violence Against Women (EVAW) of 2009.

This groundbreaking law meant a significant improvement of women´s rights in Afghanistan after the Taliban were toppled from power in 2001. It ensured criminal punishment for various abuses including domestic violence, rape, forced and child marriage, as well as the sale of women and girls to resolve disputes between families.

IPU urges Afghanistan to meet its obligations under international law as a State party to the Universal Declaration on Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

“The bill passed by the Afghan parliament is a retrograde step. Endorsing such violence is a fundamental violation of human rights and greatly undermines Afghanistan’s move to become a strong democracy,” said IPU President Abdelwahad Radi. “The parliament has an obligation to protect all citizens and IPU strongly encourages Afghanistan to step up to this responsibility.”

As a Member of IPU, Afghanistan must adhere to the principles of an Organization that champions the cause of human rights and promotes full protection for women and girls through the adoption and implementation of effective laws.

In 2006, IPU Members adopted a resolution reaffirming that violence against women and girls constituted a violation of fundamental rights. In 2013, Members also endorsed a presidential statement expressing deep concern at widespread acts of sexual violence against women.