Criminal Support of Women in Afghanistan: Past, Present and Future

Dr. Ghulam Haidar Allama, Deputy Attorney General (DAG) for judicial prosecution affairs, discussed the issue on the second day of the "National Conference on the Elimination of Violence Against Women".

Second day of the conference continued at Kabul Serena Hotel in presence of Afghanistan Attorney General (AG), Mr. Mohammad Farid Hamidi, Deputies, Directors and some other AGO staff form the center and provinces, on Sunday, May 6, 2018.

Women Support Background in Afghanistan

DAG, Dr. Ghulam Haidar Allama, said that “women as half the body of society, should have full access to justice”. He added that “If we cannot implement justice for women and reach them to their rights, it means we have failed to implement justice for the citizens of the country as well".

Mr. Allama believes, in the Afghanistan past laws, women were not supported as must. According to him, in Afghanistan Criminal Law, adopted in 1976, the penal codes for women and men were the same, and there was no specific sensitivity to women. According to him, even though in the past internationally, observance of women's rights, elimination of gender discrimination and fight against violence against them was followed more intensely and sensitively, but in the Afghanistan Criminal Law, there was not even a title on crime of rape.

Mr. Allama added that, in Afghanistan laws until the first years after the war, there was no criminality against violence against women. But in the first years after the new era and the enactment of the 1382 constitution, the sensitivity of the issue increased in the country.

According to DAG, in the last 15 years some worthy, meaningful and effective efforts have been taken in the field of women rights. He recalled the adoption of the Law on Elimination of Violence Against Women and the Women Harassment Prevention Convention, as a practical step in defending women rights.

Mr. Allama considered violence against women as an inclusive phenomenon, which is facing people around the world. He emphasized that comprehensive efforts need to be made to combat violence against women in the family, community and workplace. Mr. Allama, described the laws of supporting women in later years in the country, as a model in the region.

Currently Women Support in Afghanistan

Dr. Ghulam Haidar Allama, described the adoption of the Afghanistan Penal Code which consists more than 900 articles, as change in attitudes in this field and called this law as unprecedented in the region. Mr. Allama describes the identification of crimes against women in Afghan criminal code, as an important achievement in the combating violence against women. According to him, the issues that were not available in supporting women in the past laws of the country are clearly mentioned in the Penal Code.

According to DAG Mr. Allama, the Afghanistan Penal Code allows women throughout the country to refer to the justice institutions, by referring to the provisions of this law in case they require.

other important issues in support of women, which Mr. Allama emphasized on were "Criminalization of Women's Crimes" in the form of crimes against humanity and war crimes mentioned in the penal code.

In his opinion, considering the fact that majority people of Afghanistan have been victims of crimes against humanity and war crimes in recent years, this is an significant achievement in Afghanistan laws.

Supporting Women in the Future in Afghanistan

Mr. Allama emphasized: "Due to the sensitivities and gender considerations, in cases where women are affected, they are suspected or accused, justice institutions should pay particular attention to them". He also added that the issue of women's privacy should be taken seriously by the justice institutions.

According to DAG, failure to respect the women privacy, will harm their future lives and damage their dignity.

Special attention to the children of women prisoners, in terms of education, training and the unhealthy prison environment, was another subject that Mr. Allama emphasized. According to him, due to some physical and physiological issues that women are facing, they should be given serious care and attention to more than men.

Meanwhile, Mr. Mohammad Daud Afzali, General Director of Juvenile Prosecution Office, talked about achievements, performances and challenges in his directorate.

Mr. Afzali said the goal of establishing of this directorate, to consider fair trials, to address the violations of children by preserving dignity, human dignity and the protection of human rights of children. He added that in total 3407 cases have come to different sections of the General Directorate of Juvenile Prosecution office in 1396 Solar year. According to him, among these cases, two 2732 cases have been solved. He also added that the directorate could gain membership of the "Childcare and Protection Network" in order to protect the children. According to Mr. Afzali, the officials of this directorate also have regular monitoring and follow-up visits from children rehabilitation centers in the center and provinces. He describes, the low level of people awareness, poverty and unemployment in the country as the most important reasons for juvenile offences. Mr. Afzali believes that the sense of legitimacy, raising the awareness of citizens, especially children, about their rights, and the attention of scholars and the media are the solution ways to reducing juvenile offences.

On the second day of this conference, the participants were divided into three working groups, to discuss about the challenges and finding solutions in different sections of Elimination of Violence Against Women (EVAW) prosecution office.