Law on elimination of violence against women evaw chapter one general provisions basis article 1 this law has been enacted in accordance with the provisions set forth in articles 24 and 54 of the afghan constitution. It has developed over centuries and is currently changing in the context of the rebuilding of the afghan state. The bill, known as the elimination of violence against women evaw law, was decreed into law through an executive order by then afghan president hamid karzai on july 20, 2009, when parliament was. Discover the best afghan war military history in best sellers.
How, despite the enormous investment of blood and treasure, has the wests tenyear intervention left afghanistan so lawless and insecure. For years, the wisdom of presenting the evaw law to parliament for ratification has split afghanistans womens rights community, with the majority seemingly strongly against the idea. Evaw is not the only law under threat in afghanistan today. Dec 11, 20 kabul, afghanistan when, in late november, i read a draft law prepared by afghan government officials that reintroduced execution by stoning as the punishment for the crime of adultery. The supreme law of the land is the constitution of afghanistan. The legal system of afghanistan consists of islamic, statutory and customary rules. Brill 1985, available at books overview of the afghan legal system, as it existed prior to the overthrow of najibullah and the rise of the taliban. The new criminal procedure code poses a serious threat to critical protections for women and girls embodied in afghanistans groundbreaking law on elimination of violence against women evaw. The elimination of violence against women evaw law, passed in 2009, was a centerpiece of efforts to improve protection for afghan women. Annex 2a afghan legal framework in support of equal rights and non.
Afghanistan, global rights 2008 article 16 of the evaw law 1 the evaw commission shall have the following duties and responsibilities. The evaw law is meant to criminalize acts of violence against women including rape, domestic violence, child marriage, forced marriage, and the exchange of women in blood feuds. Legislative developments within the last year have set back efforts to curb violence against women and girls, the reports authors said. The ancient land and the modern nation of afghanistan are the subject of louis duprees book.
Ignorance from the law is a major problem in realization of the law. In addition to a broad approach to the issue of violence against women, including their harassment, the law also addresses forced and early marriage as well as polygamy for the first time in afghan legal history see this aan analysis here. Unama welcomes afghanistans new penal code calls for. The afghan governments promotion of impunity, for warlords and others. As at 2016, the evaw law had not yet been approved in parliament. In may, for example, the afghan parliament held a debate in which some members criticized portions of the evaw law as unislamic specifically, its prohibition of child marriage, forced marriage and restrictions on womens access to health care and. This report maps how afghan women seek justice when their rights are. Mixed results on implementation of the evaw law over past year. Browse the amazon editors picks for the best books of 2019, featuring our favorite reads in more than a dozen categories. Important origins of contemporary afghan criminal law arose during the. Islamic principles and afghan legal traditions complicates the already complex. Unama notes that the current evaw law remains in place and continues to provide overall legal protection for women, and remains committed to facilitating dialogue on ways to strengthen the. However, even such a brief debate brought he existence of the law to the publics attention and. Afghan officials believe they need to soften the law in order to attract more foreign investment.
Under afghan law, females all across the country are permitted to drive. May 29, 2018 the evaw law adopted in 2009 is a progressive law within the afghan context. Jan, 2015 the bill, known as the elimination of violence against women evaw law, was decreed into law through an executive order by then afghan president hamid karzai on july 20, 2009, when parliament was. For afghan legal history, see section 3 of this bibliography. The 16 days of activism against genderbased violence is an annual global campaign aimed at raising awareness about the causes and consequences of violence against women, while. Hatem elliesie, rule of law in afghanistan, in u nderstanding of the r ule of l aw in.
The attempt to get the afghan parliament to ratify a key law on. In 2009, the afghan government formulated groundbreaking legislation called the law on the elimination of violence against women evaw. However, even such a brief debate brought he existence of the law to the publics. Article 20 of the law on elimination of violence against women evaw laws to avert burning or using chemical substances to injure women afghanistan 2009 type of measure. Since these references cover a broader survey of afghan law, they necessarily go into less depth. List of books and articles about afghan history online. Britain urged to give unstinting support for womens. Download afghanistan law ebooks, law acts, law articles. But only enacting of the law doesnt mean that we reach our goal and women rights will be completely respected. If the law banning relatives testimony goes through, what fragile gains that have been made in evaws implementation may be undercut. Afghanistans elimination of violence against women law evaw was passed in 2009. Analysis from medica mondiale, published 09 jul 20. Based on provision of article 79 of the afghan constitution, i hereby, endorse the law on elimination of. In afghanistan, samesex relations are punishable by 5 to 15 years in prison under a law that bans all sex between individuals not married to each other.
Afghanistan constitution and citizenship laws handbook. Jun 08, 20 the afghanistan independent human rights commission documented more than 4,000 cases of violence against women from march 21 to oct. The afghan elimination of violence against women law evaw law, which was passed in. First report on the implementation of the elimination of violence against women evaw law in.
The other part of the law that has come to the notice of its critics is criminalising rape, but not mentioning consensual adultery, which. After the soviet withdrawal from afghanistan, the winning military forces, the mujahadin, found themselves split among several factions of varying political and religious outlooks. Besides a broad approach to violence against women, including the harassment of women, the law also addresses forced and early marriage, as well as polygamy. Widespread violence yet perpetrators go unpunished. Evaw law from october 2012 to september 20 by afghan judicial and law enforcement authorities. Aan bibliography aan ebooks afghan government documents elections. The united states trains police in communitybased policing and protecting human rights, especially womens and childrens rights. Thus, they provide ideal introductions to the afghan legal system. Womens access to justice in afghanistan united states institute of. However many think the evaw laws definition of rape as forced zina or. Law on elimination of violence against women evaw 2009 issue no. Drafting preach and public awareness programs for the purpose of. In 2009, the elimination of violence against women evaw was signed into law. Showing why afghan activists often chose to use the leverage of.
The decision of the council of ministers, which has received the approval of the. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Almond garden, portraits from the womens prisons in afghanistan published by daylight books, april 2015. Each day young girls would hide all their school supplies, such as books.
Best nonfiction war books, around the world one book from each country, best iraq and afghanistan war books, best books on special forces m. Nov 25, 2017 the evaw law is meant to criminalize acts of violence against women including rape, domestic violence, child marriage, forced marriage, and the exchange of women in blood feuds. The report updates findings presented in unamas december 2012 report still a long way to go. Britain must speak out forcefully to safeguard womens rights in afghanistan as fears grow that the fragile gains made during years of usled military intervention may be rolled back. The afghan elimination of violence against women law evaw law, which was passed in 2009, is the first law in afghanistan to criminalise. Law on elimination of violence against women evaw refworld. The law is a milestone in relations to women rights. Brought out onto the streets by the evaw law, they cursed not only this. Implementation and awareness of the evaw law was limited, however. The ensuing civil war saw massive trauma for afghan women when thousands were raped andor murdered. Enacting of evaw law is however, the most important steps toward respecting human rights in afghanistan.
Afghanistan is bordered by iran on the west, by pakistan on the east and south, and by turkmenistan, uzbekistan, and tajikistan on the north. Since the 2001 overthrow of the taliban government in afghanistan. This guide to law online afghanistan contains a selection of afghan legal, juridical, and governmental sources accessible through the internet. Afghan womens rights under threat razeshta sethna global.
May 30, 2018 the elimination of violence against women evaw law, passed in 2009, was a centerpiece of efforts to improve protection for afghan women, who suffer widespread violence in one of the worst. Elimination of violence against women in afghanistan. Kabul, afghanistan when, in late november, i read a draft law prepared by afghan government officials that reintroduced execution by stoning as the punishment for the crime of adultery. Honor killings in afghanistan and pakistan the diplomat. Article 2 crime only according to law no act shall be considered crime, but in accordance with. The evaw law is considered a very progressive law within the context of afghanistan. Government began working more closely with afghanistans informal justice sector, which in the absence of formal district courts has been the primary vehicle for rule of law in most provinces. Nov 29, 20 for years, the wisdom of presenting the evaw law to parliament for ratification has split afghanistans womens rights community, with the majority seemingly strongly against the idea. December 2010 study harmful traditional practices and implementation of the law on elimination of violence against women in afghanistan. Evaw presidential decreecommonly referred to as the evaw lawobliges police to arrest persons who abuse women.
The princeton legacy library uses the latest printondemand technology to again make. In addition, there is complex legislation which stems from different historical periods. Sep 06, 2015 almond garden, portraits from the womens prisons in afghanistan published by daylight books, april 2015. This law criminalized harmful practices such as rape. The law regulates the ta zeeri crime and penalties. New strategy launched to effectively implement evaw law.
The evaw law is a very progressive law within the afghan context. The mineral law also faces revisions that would erode its social and environmental considerations. The annual report by the united nations assistance mission in afghanistan unama and the united. Afghan women imprisoned by their culture washington post. Overview this section lists references that encompass several areas of afghan law.
Some of the best books out there about the wars in iraq and afghanistan score a books total score is based on multiple factors, including the number of people who have voted for it and how highly those voters ranked the book. Find the top 100 most popular items in amazon books best sellers. Womens rights in afghanistan have been varied throughout history. On paper, this law seems holistic and allencompassing. The evaw law is considered landmark legislation towards better protecting the rights of women in afghanistan. Sometimes the hardest part of going to war is coming home by. The afghanistan independent human rights commission documented more than 4,000 cases of violence against women from march 21 to oct. The afghan authorities, as evident from the unama reports, exacerbate the. Opinion in afghanistan, women betrayed the new york times. That report documented widespread harmful practices against women and identified the evaw law as a key tool for combating violence that is often deeply rooted in traditional practices and attitudes. The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates western societies from the benighted ones in which they increasingly intervene. Afghan womens rights under threat this article is more than 6 years old opposition to a draft law aimed at curbing violence against women bodes ill for human rights in afghanistan. The evaw law adopted in 2009 is a progressive law within the afghan context. Mowa islamic republic of afghanistan ministry of womens affairs.
First report on the implementation of the elimination of violence against women evaw law in afghanistan. In the end, the speaker cut short the discussion and sent it into the shadows of a parliamentary committee for further discussion. Bingham t 2009 the rule of law, penguin law 2011, at 8 and 67. List of books and articles about women in afghanistan.
May 26, 20 the shelters described by the laws opponents as places where women get raped or prostituted have become totemic of the whole law, singled out as an unislamic, western attack on afghanistan itself. Both in the text and in over a hundred illustrations, he identifies the major patterns of afghan history, society, and culture as they have developed from the stone age to the present. Jun 20, 20 afghan womens rights under threat this article is more than 6 years old opposition to a draft law aimed at curbing violence against women bodes ill for human rights in afghanistan. Study and evaluate causes of violence in the country and under taking appropriate supportive measures in this regard. Implementation of the law on elimination of violence against women in afghanistan and its previous reports on violence against women and girls in. The elimination of violence against women evaw law is an afghan law passed by. The annual report by the united nations assistance mission in afghanistan unama and. Many worried that debating the elimination of violence against women evaw law in parliament might backfire. The penal code, in 2 books, consisting of 8 sections and 523 articles, which has been affixed with the seal of the secretariat, is approved. But the controversies around the evaw law show that there are no.
The rule of law in afghanistan edited by whit mason. Books and articles explain the fundamentals of the current afghan legal system. Timothy mathews juris doctor, 2011 university of maine school of law timothy. The evaw law in medica afghanistans legal aid practice. The afghanistan analyst law bibliography 4 th edition january 20 compiled by. Afghan women reporters, seizing on global trends, empower. Afghanistan regulation, decree, ordinance decree of the president of the islamic republic of afghanistan on noninterference in the electoral affairs of elections, 88 2009. Those committing crimes of hodod, qessass and diat shall be punished in accordance with the provisions of islamic religious law the hanafi religious jurisprudence. Objectives article 2 this law has the following objectives. Dec 30, 2016 afghanistans elimination of violence against women law evaw was passed in 2009. News, opinion and commentary general interest printer friendly 34,357,231 articles and books.
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