Why is there no up-to-date U.S. Government report on human rights in Afghanistan? We professed to have gone to war there largely over human rights -- shouldn't we be monitoring the status of human rights there?
Actually, that's a trick question. It turns out that there is one. The report for 2009 came out on March 11, 2010, to little notice or fanfare. (I found 59 hits on Google -- including this powerful recap -- for "2009 Human Rights Report: Afghanistan." Only three were in the last week.)
Let's up that score. I'm going to reproduce one subsection from various major sections of the report, in areas that seem likely to be of interest to people here -- I chose "right to fair trial," "freedom of speech/press," and "the status of women" (which as you recall was one stated basis for our invasion) -- and invite you to check out more.
Please note: I am not trying to be inflammatory by publishing this diary. I intend this diary itself neither as support for nor indictment of our government's past and current policies in Afghanistan; the report, to a great extent, speaks for itself. I intend this diary solely as a means of endorsing the reliance on facts -- and I recognize that the assertions in this report are disputable -- that should be guiding our foreign policy and our military policy.
Afghanistan was, among other things, a nation-building enterprise. The continuation of the war there, should it happen, will have a similar justification. This cries out for actual knowledge about how things stand, how things stood, and how things might stand if we do or do not take various actions. I intend this diary simply as a means of increasing our knowledge and improving our national debate. Mostly, I appreciate the better angels of our nature leading us to research and produce a report that does not seem to be a whitewash.
So, there's a lot here, and much more that isn't here, but is linked both above and here. For those concerned about copyright: this government document is in the public domain.
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Here's a section on the government's respect for the right to fair public trial:
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
...
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but in practice the judiciary was often underfunded, understaffed, and subject to political influence and pervasive corruption. Bribery, corruption, and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency threatened judicial impartiality. The Counter Narcotics Tribunal in Kabul, whose member salaries the international community supplemented and who worked within a secure compound, was an exception, and international organizations reported no evidence of corruption or political influence involving its officials. Other courts administered justice unevenly, according to a mixture of codified law, Shari'a (Islamic law), and local custom.
The formal justice system was relatively strong in the urban centers, where the central government was strongest, and weaker in the rural areas, where approximately 72 percent of the population lives. Nationwide, fully functioning courts, police forces, and prisons were rare. The judicial system lacked the capacity to handle the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of Shari'a, tribal codes of honor, or local custom. Lack of access to legal codes and statutes hindered judges and prosecutors.
The Supreme Court has overall responsibility for the national court system. The president appoints Supreme Court members with the approval of the lower body of the House of Representatives (Wolesi Jirga). Judges for the primary and appellate courts are appointed by recommendation of the Supreme Court and approval of the president. There were widespread shortages of judges; the Supreme Court reported there were 77 judges, including seven women. A national security court tried terrorists and other cases, although details on its procedures were limited.
In areas not under government control, the Taliban enforced a parallel judicial system. The Taliban issued punishments including cutting off fingers, beheadings, beatings, and hangings. On May 9, Taliban leader Mullah Omar issued "The Islamic Emirate of Afghanistan's Rules for Mujahideen," which stated that beheadings were an explicit violation of the rules, possibly a response to ISAF's commitment to reducing civilian casualties. Nevertheless, on December 6, Radio Salam Watandar reported that the bodies of two police officers were found beheaded in Lashkar Gah, Helmand province. According to the report, Taliban had abducted the police officers in November in Helmand province. The code also called for a reduction in the number of suicide attacks; however, the Taliban more than doubled the number of IED attacks during the year.
Courts primarily decided criminal cases in major cities, as mandated by law, although civil cases often were resolved in the informal system. Because of the unreliable formal legal system, in rural areas local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes; they also levied unsanctioned punishments. Some estimates suggested 80 percent of all cases went through shuras, which did not adhere to the constitutional rights of citizens and often violated the rights of women and minorities.
Trial Procedures
Trial procedures rarely met internationally accepted standards. The administration and implementation of justice varied in different areas of the country. By law all citizens are entitled to a presumption of innocence. In practice the courts typically convicted defendants after sessions that lasted only a few minutes. Defendants have the right to be present at trial and to appeal; however, these rights were not always applied. Trials were usually public. All criminal trials are decided by judges, as there is no right to a jury trial under the constitution. A defendant also has the right to consult with an advocate or counsel at public expense when resources allow. This right was inconsistently applied, in part due to a severe shortage of defense counsel. Defendants frequently were not allowed to confront or question witnesses. Citizens often were unaware of their constitutional rights. Defendants and attorneys were entitled to examine the physical evidence and the documents related to their case before trial; however, observers noted that in practice court documents often were not available for review before cases went to trial.
When the accused is held in custody, the primary court must hear the trial within two months. The appellate court has two months to review the case of an incarcerated person. Either side may appeal; the accused defendant who is found innocent may remain detained in the legal system until the case moves through all three levels of the judiciary: first court, appeals, and the Supreme Court. The decision of the primary court becomes final if an appeal is not filed within 20 days. Any second appeal must be filed within 30 days, after which the case moves to the Supreme Court, which must decide the case of the defendant within five months. If the appellate deadlines are not met, the law requires that the accused be released from custody. In many cases courts did not meet these deadlines.
Under Shari'a relatives of victims can pursue a case against a suspected offender. A judge can offer restitution or, in the case of murder, execution, which the relatives can carry out only if a member of the family consents. Under Shari'a, if the family of the victim forgives the perpetrator, the judge must issue a pardon.
In cases lacking a clearly defined legal statute, or cases in which judges, prosecutors, or elders were unaware of the law, judges and informal shuras enforced customary law; this practice often resulted in outcomes that discriminated against women. This included the practice of ordering the defendant to provide compensation in the form of a young girl to be married to a man whose family the defendant had wronged.
Political Prisoners and Detainees
There were no reports that the government held political prisoners or detainees. There were reports that a number of tribal leaders, sometimes affiliated with the government, held prisoners and detainees. There were no reliable estimates of the numbers involved.
Civil Judicial Procedures and Remedies
Citizens had limited access to justice for constitutional and human rights violations, and interpretations of religious doctrine often took precedence over human rights or constitutional rights. The judiciary did not play a significant role in civil matters due to corruption and lack of capacity. Land disputes remained the most common civil dispute and were most often resolved through the informal justice system.
Here's the section on freedom of speech and of the press:
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press; however, journalists increasingly were vulnerable to physical harm and reported numerous instances of pressure from multiple sources to influence reporting, including national and provincial governments, warlords, the drug mafia, foreign governments and individuals, and Taliban insurgents. Some media observers contended that individuals could not criticize the government publicly without fear of reprisal.
On June 14, the government detained two Al Jazeera journalists--a producer for the station's Arabic service and a senior producer at the English language channel--after Al Jazeera broadcast a report on Taliban strength in Kunduz province. Authorities released the journalists without charge after holding them for three days at NDS headquarters in Kabul.
On August 19, the Ministry of Foreign Affairs and the MOD issued decrees barring journalists from reporting on election day violence and ordering them to stay away from the scenes of terrorist attacks. Most journalists ignored the ban, but NDS agents beat and briefly detained 15 journalists who ignored the directive. According to the Committee to Protect Journalists, security forces obstructed, assaulted, and detained Afghan and foreign journalists in Kabul and elsewhere on election day.
At year's end member of parliament (MP) Malalai Joya remained suspended from parliament for her 2007 criticism of her fellow MPs during a televised interview. Other members of parliament expressed criticism of government policies without incident.
Independent media were active and reflected differing political views. Although some independent journalists and writers published magazines and newsletters, circulation largely was confined to Kabul, and many publications exercised a degree of self-censorship. The freedom of speech law covered foreign media; however, they were restricted from commenting negatively on Islam and from publishing materials considered a threat to the president.
Violence against journalists increased during the year. According to independent media and observers, a combination of government repression, armed groups, and manipulation by foreign groups and individuals prevented the media from operating freely. Journalists were subject to pressure from government officials, foreign governments, and the Taliban and other insurgents, who harassed, intimidated, and threatened to commit violence against them.
Governmental officials intimidated journalists in an effort to influence their reporting. Media sources reported instances of provincial officials attempting to regulate the media based on their personal interests. Local officials asked the director of Uruzgan Radio and Television to obtain content approval before broadcasting television and radio programs.
Media sources reported that police detained journalists without cause. According to Media Watch, there were 85 reported cases of violence against journalists, including three killings, nine kidnappings, 35 cases of arrest, 12 cases of intimidation, 22 cases of beating, and four cases of injury. The Media Watch annual report noted government involvement in 57 of the 85 cases of violence against journalists.
According to many media sources, private Iranians, Pakistanis, and Gulf state citizens actively influenced Afghan media, shaping the media through both ownership and threats. According to media sources, Iranian sources funded approximately five radio stations and three television stations. Media sources indicated that the Iranian consulate in Herat threatened and rewarded journalists. Some reporters stated that Iranian embassy staff in Kabul called them to prevent the publication of articles criticizing Iran. There were also rumors that Iran paid secret salaries to a number of Afghan journalists in Kabul as well as in the western provinces, and allegations that Iran intimidated reporters in the western provinces to increase antigovernment reporting and decrease anti-Iranian articles.
Media sources and analysts contended that many of the other private television stations and newspapers were bankrolled by, and produced content loyal to, various political factions, leaders, and warlords.
On October 5, police reportedly assaulted Wahkt News Agency (WNA) cameraman and photographer Mohammad Naeem while he was documenting the killing of a businessman and two security personnel by unidentified gunmen wearing military uniforms. The police confiscated Naeem's camera, beat him, and held him in detention for almost an hour. Police officers released Naeem and returned the camera to him after Afghan Independent Journalists' Association and WNA representatives intervened.
On October 20, multiple media sources reported that the MOI arrested editors Nazari Paryani of Mandagar Daily and Hashmatullah Raadfar of Nukhost Daily for publishing allegedly imbalanced information about the MOI after the newspapers had reprinted an article from the Internet. The editors were released after three hours through the mediation of Nai Media Watch and IEC Media Commission Chairman Sidiqullah Tawhidi. The Ministry of Information and Culture (MoIC) described MOI's actions as illegal. The case was referred to the government commission on media oversight.
Muhammed Naseer Fayez, news anchor and host of the political program Haqeeqat ("Truth"), arrested in July 2008 by NDS agents, returned to work on January 2 for Ariana Television.
The 2008 media law, published in July, is intended to protect freedom of thought and expression and legally protect journalists as they carry out their work; however, it contains content restrictions. Article 45 restricts works and materials contrary to the principles of Islam or other religions and sects; works that publicize religions other than Islam; works and materials considered defamatory, insulting, offensive, or libelous or that may cause damage to a person's personality or credibility; works and materials that are contrary to the constitution and penal code; disclosure of the identity and pictures of victims of violence and rape in a manner that damages their social dignity; and works and material that harm the psychological security and moral wellbeing of individuals, especially children and adolescents. Nai Media and the Afghan National Journalists Union reported that the MoIC failed to implement the law by year's end.
Media sources claimed that the independent media prospered despite the efforts of the MoIC to actively undermine an open and free media environment. The MoIC and some provincial governors exercised control over news content to varying degrees during the year. According to media sources, the MoIC maintained cumbersome licensing procedures. Before the election the MoIC complained that several new print outlets were operating without licenses. Factional authorities controlled media in some parts of the country. The Institute for War and Peace Reporting (IWPR) noted tight controls, especially in the provinces of Balkh, Jowzjan, Faryab, Sar-i Pul, Kandahar, Herat, and Nangarhar. According to journalists, many reporters exercised self-censorship by not asking substantive questions of government officials and by ignoring certain investigative stories. Powerful figures largely avoided media scrutiny. Members of the media reported they did not interview Taliban commanders or leaders due to government pressure; police in Helmand province jailed journalists for speaking to the Taliban. Some media observers considered it more difficult for journalists to operate in the areas of the country the government controlled than in Taliban-controlled areas.
On August 26, in Kandahar city, police severely beat a local journalist of Radio Azadi, the in-country service of Radio Free Europe/Radio Liberty, and took his notebooks and sound recorder when he visited the site of a bombing.
On July 30, in Herat, police officers and plainclothes NDS personnel reportedly attacked four journalists as they attempted to cover a public demonstration against the police killing of a fruit seller. The International Federation of Journalists reported that MOI officials investigated the attack.
On December 3, gunmen from the Islamic Revolution Movement party (Hezb-e Harakat Inqelab-e Eslami) held Sepehr TV journalist Nasir Ahmad and cameraman Sefatollah for four hours in Kabul. The gunmen beat, insulted, and humiliated the men and destroyed camera equipment. Tolo TV reported that the assailants were possibly security guards working for a former government official.
On August 18, the government issued a statement requiring all news agencies to refrain from covering incidents of "terrorist activities or movements" between 6 a.m. and 8 p.m. on election day. Informed observers believed the order was intended to minimize public knowledge of polling place violence. NDS officials enforced the ban. The government also required journalists covering the election to sign a code of conduct specifying that the journalists could not publish "scandalous advertisements and disgrace reports about [a] candidate's personality or behavior that could affect the election results." According to news reports, on August 20, police briefly detained at least three foreign journalists and at least 12 local journalists. According to the Committee to Protect Journalists, on August 20, authorities detained and interrogated a Japanese television correspondent for several hours, and also detained Dutch photojournalist Ruben Terlo and Rohulla Samadi, an interpreter with independent Afghan media organization Killid Media, for 30 minutes, after they covered a gun battle between the Taliban and police. Multiple accounts reported police beating journalists, threatening them with guns and confiscating equipment, but no serious injuries were reported. Almost all the reported incidents occurred at the scene of attacks by insurgent groups.
At least two journalists were killed during the year. On March 10, in Kandahar, two persons shot and killed Jawed (Jojo) Ahmad, a reporter working for Canadian television. Authorities had held Ahmad in military custody for 11 months at Bagram Theater Internment Facility, allegedly for having contacts with the Taliban; he was released in September 2008.
On September 9, journalist Sultan Ahmad Munadi died in a firefight between NATO soldiers and militants during the rescue of Munadi and New York Times reporter Stephen Farrell, whom the Taliban had abducted in the vicinity of a coalition airstrike in Kunduz. There were no updates regarding the 2008 killing of a Norwegian journalist or the killings of Abdul Samad Rohani, Ajmal Naqshbandi, Shakiba Sanga Amaj, or Zakia Zaki.
The Taliban abducted at least six journalists during the year. Nai Media reported that on July 10, the Taliban abducted Ariana Television Chief Ehsanullah Arianzai in Wardak province and held him for two days. On July 12, the Taliban kidnapped a journalist for Al-Jazeera English news in Kunar province before releasing him after several hours. On November 6, the Taliban kidnapped Norwegian freelance journalist Paal Refsdal and an Afghan colleague (who was not named in local or international reports about the incident) in Kunar province; they were released November 12.
On June 19, New York Times reporter David Rohde and his translator, Tahir Ludin, escaped their Taliban captors after seven months in captivity.
On August 11, in Kandahar, an IED seriously injured Associated Press photographer Emilio Morenatti and videographer Andi Jatmiko, who were traveling in a military vehicle.
The Taliban manipulated the media, especially print journalism, both directly and indirectly, by threatening to physically harm some journalists and by directly feeding news to others. Some sources asserted that the media underreported reconstruction efforts, for example, as a result of Taliban pressure to shape local opinion. Journalists reported receiving threats of harm if they did not publish stories released on Taliban Web sites, if they published anti-Taliban stories, or if they published stories favorable to the government.
The Taliban increased efforts to influence and control radio, which reaches more persons in remote areas than other media. In Kunduz two radio stations reported threats from the Taliban. One of the stations shut down as a result of Taliban pressure. Taliban spokesman Zabiullah Mojahed rejected Taliban responsibility.
Despite these obstacles, media sources and observers asserted that the country's independent media continued to expand and became increasingly sophisticated. Numerous international and local organizations provided regular training and mentoring for journalists.
The IWPR stated that broadcast media operated somewhat more freely than print media and that commercially viable stations received less government control than others. Nai Media stated that FM radio stations broadcast in many remote regions throughout the year.
Television broadcasts appeared to avoid some of the restrictions imposed on print journalism. Satirical programming was widespread; every private television station had at least one comedy-satire program that openly criticized government officials.
Prior to the August 20 elections, radio and television stations ran unprecedented candidate debates, forums, and interviews, widening the content and quality of information available to the public. Several stations ran live coverage on election day. Reporters Without Borders, Internews, and other news groups noted that equal time protections were not in place and many candidates could not afford to pay for messages, so unequal access to airtime for the more than 40 presidential candidates hindered impartiality. The Media Commission of the IEC did not find significant problems with candidate access to the media, although it stated that state media aired biased reports in favor of the incumbent president.
On September 8, Sokhan-e-Jadid, a conservative weekly newspaper, threatened the lives of Hasht-e-Sob employees based on their reporting of the elections. The same day, Tolo TV reported that IEC Media Commission Chairman Tawhidi warned several media outlets that they would be subject to legal action for slander of an Afghan national.
According to the United Nations Development Fund for Women (UNIFEM), print media did not adequately cover female candidates. Tolo TV showed a presidential debate focused on women's issues. Shahala Atta, one of two women running for president, participated in the debate.
The number of female journalists remained low. According to the IWPR, only 15 of the 54 recent female journalism graduates from Herat University worked in media. Mazar, Herat, Kunduz, and Faryab provinces each had women's radio stations. With International Organization for Migration (IOM) funding, Radio Television Afghanistan upgraded its AM radio facilities in Badghis, opening a media production center for female journalists. Women ran two private radio stations in Kunduz city, but the deteriorating security situation hindered their reporting.
Free Muse reported that on March 24, the MoIC arrested Fahim Kohdamani, manager of Emrooz TV, for broadcasting music programs allegedly "against Islam values and Afghan culture." Observers considered the arrest politically motivated because of the selective application of such rulings.
Internet Freedom
There were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including e-mail messages. Tolo TV reported that the MoIC ordered four election-related Web sites to close, claiming they were "undermining the personality of presidential candidates" they favored or opposed.
Sayed Perwiz Kambakhsh's case involved government sanction against distributing information downloaded from the Internet; however, media observers believed his case was unlikely to function as a deterrent for seeking culturally or politically taboo information. Internet access was unavailable to most citizens; computer literacy and ownership rates were estimated at less than 10 percent of the population.
Academic Freedom and Cultural Events
The government restricted academic freedom by forbidding course content it deemed un-Islamic. Article 10 of the 2008 Mass Media Law states that academic research "shall be subject to prior approval of concerned ministries and institutions." Educators at public universities stated that they censored themselves when discussing questions of ethnicity; it was not clear whether the self-censorship was from fear of official or university sanctions or from societal pressure.
The MoIC tried to ban Indian and Western television shows and films. The IWPR stated that a former attorney general raided Tolo TV offices and detained journalists and administrators to intimidate broadcasters to stop broadcasting soap operas. Station owners spoke to members of parliament and reached an agreement that allowed the showing of shows censored for local sensibilities.
Finally, here's a long and especially well-wrought section on the status of women:
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination between citizens and provides for the equal rights of men and women; however, local customs and practices that discriminated against women prevailed in much of the country. The constitution does not explicitly address equal rights based on race, disability, language, or social status. There were reports of discrimination based on race, ethnicity, religion, and gender.
Women
On July 19, President Karzai signed the SPSL, a civil law governing family and marital issues. The law applies only to the 20 percent of the population who are Shia. Some Shia groups hailed the law for officially recognizing the Shiite minority; however, the law was controversial both domestically and internationally for to its failure to promote gender equality. Articles in the law of particular concern include minimum age of marriage, polygamy, inheritance rights, right of self-determination, freedom of movement, sexual obligations, and guardianship.
On July 19, President Karzai signed the Elimination of Violence Against Women (EVAW) law, criminalizing violence against women, including rape, battery or beating; forced or underage marriage; "baahd" (the giving of a female relative to another family to settle a debt or dispute); humiliation; intimidation; and the refusal of food. Penalties include prison terms of less than six months to the death penalty. Victims have the right to prosecute abusers, seek shelter in a safe house, and receive medical and legal aid, but the law was seen as only a small positive step for women, as implementation was a concern.
Article 17 of the EVAW law specifically punishes rape with life imprisonment, and if the act results in death of the victim, the perpetrator shall be sentenced to death. The law punishes the "violation of chastity of a woman… that does not result in adultery (such as touching)" with imprisonment of up to seven years. Rape does not include spousal rape. Shari'a law, as interpreted in the local context and influenced by tribal customs, although uncodified, impeded successful prosecution of rape cases. The Koran does not specifically mention a punishment for rape, but under one interpretation of Shari'a, local tribal elders or religious leaders may treat rape as a form of adultery, punishable by stoning to death or 100 lashes of the whip, although there were no reports of such cases during the year. Under some interpretations of Shari'a, a woman who brings a charge of rape sometimes must produce four witnesses to prove that the rape occurred as a result of force. Accused men often claimed the victim agreed to consensual sex, which resulted in an adultery charge against the victim. The MOI reported 30 cases of rape in the country during the year, and the AIHRC reported 44 cases between January and September; the actual number of cases was probably much higher. The MOI reported 52 arrests in connection with rape cases. Statistics on convictions were unavailable. Rapes were difficult to document due to social stigma. Male victims seldom came forward. Peer sexual abuse was allegedly common; UNAMA Herat documented two rape cases in which the victims were three and four years old and the perpetrators were 14 and 20 years old. Female victims faced stringent societal reprisal, from being deemed unfit for marriage to being imprisoned. According to NGOs, authorities frequently raped women in prison.
The penal code criminalizes assault, and courts entered judgments against domestic abusers under this provision. According to NGO reports, hundreds of thousands of women continued to suffer abuse at the hands of their husbands, fathers, brothers, armed individuals, parallel legal systems, and institutions of state such as the police and justice systems. UNAMA reported a slight decline in cases of violence against women active in public life. A total of 1,708 cases were reported from January to September, compared with 2,322 for the same period in 2008; however, the number of incidents was believed to be underreported. Human Rights Watch reported that 87.2 percent of women had experienced at least one form of physical, sexual, or psychological violence or forced marriage in their lifetimes. Many elements of society tolerated and practiced violence against women. Killing and assault against women commonly involved family members as suspects. Women widely reported that they were victims of violence, especially sexual violence. Police response to domestic violence was limited, whether because of the crimes never being reported, sympathetic attitudes towards perpetrators, or limited protection for victims, even as witnesses to a serious crime.
Two NGOs that ran women's shelters in Kabul reported an increase in referrals from police; however, an increase in referrals possibly reflected improved ANP training and awareness. Authorities rarely prosecuted abusers and only occasionally investigated complaints of violent attacks, rape, killings, or suicides of women. If cases came to court, the accused were often exonerated or punished lightly. NGOs confirmed that domestic violence occurred in most homes but went largely unreported due to societal acceptance of the practice. Most domestic violence cases involved beating women and children. In some cases men burned their wives in an attempt to mimic self-immolation.
During the year 27 domestic violence prosecutions resulted in convictions in Herat. According to the MOJ, neither Ghor, Badghis, nor Farah provinces had domestic violence prosecutors; the penal code does not differentiate between domestic violence and battery and laceration cases. Most provinces reported only one or two domestic violence prosecutions per year. Women occasionally resorted to self-immolation when they believed there was no escape from their situations. During the first nine months of the year, the AIHRC documented 86 cases of self-immolation, in contrast to 72 cases in 2008. Other organizations reported an overall increase during the past two years. The burn unit of the Herat Regional Hospital, which draws patients from Farah and Ghor as well, reported receiving eight to 10 cases of self-immolation per quarter; 95 percent of the cases were female.
There were 11 women's shelters across the country, some run by MOWA and some by NGOs. MOWA and other agencies referred women to the centers, which provided protection, accommodation, food, training, and health care to women escaping violence in the home or seeking legal support due to family feuds. MOWA reported receiving two to three new domestic violence victims a month; however, space at the specialized shelters was limited. Women in need of shelter who could not find a place in the Kabul shelters often ended up in prison.
According to a UN High Commission on Human Rights (UNHCHR) report, "unaccompanied" women were not accepted in society, so women who could not be reunified with their family had nowhere to go. The difficulty of finding durable solutions for women who ended up in a shelter was compounded by the societal attitude toward shelters, linked to the perception of "running away from home" as a serious violation of social mores. The misapprehension that safe houses were a "safe haven" for immoral women forced them to operate nearly clandestinely and in a precarious security situation. In lieu of relying on shelters, girls who sought to escape violence at home were reportedly sometimes "married" or "engaged" to older men as a means of providing them with safety; observers noted that officials across the justice sector promoted and accepted this practice.
Policewomen trained to help victims of domestic violence complained they were instructed not to reach out to victims but to wait for victims to come to police stations. This significantly hindered their work, as reporting domestic violence was not socially accepted, and many women could not travel to police stations alone. UNAMA reported police leadership often did not provide female officers with equipment or vehicles to do outside investigations. The 42 Family Response Units (29 in Kabul, seven in Mazar, four in Kunduz, two in Bamiyan, and three opening in Jalalabad) were staffed primarily by female police officers who addressed violence and crimes against women, children, and families. The 897 women serving in civilian and ANP positions in the MOI (including 94 officers and 225 patrol officers) offered mediation and resources to prevent future domestic violence.
Women continued to face pervasive human rights violations and remained largely uninformed about their rights under the law. Discrimination was particularly acute in rural areas and villages.
Denial of educational opportunities, limited employment options, and ongoing security threats continued to impede the ability of many women to improve their situation, despite the progress women in urban areas made toward access to public life, education, health care, and employment. According to UNAMA, there was an increase of violence against women working in the public sphere. On April 12, Sitara Achakzai, an outspoken human rights defender and local councilor in Kandahar, was killed; the Taliban claimed responsibility, but those close to her believe the killing may not have been related to the insurgency and instead could have been motivated by other personal or political factors. She had received threats for weeks before her death and had informed government officials of the risk she faced. By year's end no arrests had been made for her killing.
Societal discrimination against women persisted, including domestic abuse, rape, forced marriages, forced prostitution, exchange of girls to settle disputes, kidnappings, and honor killings. Despite the constitutionally protected right to travel freely, many women were forbidden to leave the home except in the company of a male relative. Such cultural prohibitions meant that many women could not work outside the home, and often could not receive access to education, health care, police protection, and other social services.
In September, in Uruzgan province, a man maimed his 16-year-old wife, cutting off her nose and ears, allegedly because she had brought shame to the family by running away after years of domestic violence; she was rescued by U.S. military forces, who found her abandoned in the mountains.
Ariana TV reported 39 cases of violence against women in Nimroz province from January to November. The Department of Women's Affairs in Baghlan province reported 74 cases of violence against women from January to November, compared to 67 cases in 2008, including six killings, three suicides, 10 runaways, 10 cases of food deprivation, eight forced marriages, seven broken engagements, and other cases of physical abuse. The head of the provincial appellate court in Baghlan province reported one case of female violence against another female. Extended family violence was reportedly widespread. On November 4, in Laghman, a mother-in-law reportedly poured gasoline on her 16-year-old daughter–in-law; the girl's clothes caught fire from the cooking stove. The U.S. military provided treatment for first-, second-, and third-degree burns from her chin to her waist and financial assistance to the family.
Although police, prosecutors, and judges discriminated against women in criminal and civil legal proceedings stemming from violence and forced marriages, increasing numbers of female attorneys successfully represented female clients in these types of cases in both formal courts.
According to Human Rights Watch and UNIFEM, more than 70 percent of marriages were forced and despite laws banning the practice, a majority of brides were younger than the legal marriage age of 16; the practice cuts across social, ethnic, religious, tribal, and economic lines. According to the UNHCHR, only 5 percent of marriages were registered, leaving forced marriages outside legal control. The AIHRC recorded 28 cases from January to September of women given to another family for "baahd," to settle disputes or as a debt settlement, although a presidential decree outlaws baahd. The unreported number was likely to be much higher. IRIN reported that drug smugglers often demanded young brides when farmers failed to produce opium and lacked other means to repay their loans. In a practice known as "badal," a brother and a sister are married to another pair of siblings to avoid any payment having to be made.
Local officials occasionally imprisoned women at the request of family members for opposing the family's choice of a marriage partner or being charged with adultery or bigamy. Women also faced bigamy charges from husbands who had deserted them and then reappeared after the woman had remarried. Local officials imprisoned women in place of a family member who had committed a crime but could not be located. Some women resided in detention facilities because they had run away from home to escape domestic violence or the prospect of forced marriage. Several girls between the ages of 17 and 21 remained detained in Pol-e-Charkhi prison after fleeing abusive forced marriages.
Given the early marriage age, some women become widows in their 20s and 30s. Since widows were perceived as their in-laws' property, they could be forced to marry a brother-in-law, who may already have a wife; the late husband's family seized any property he left.
The AIHRC documented 51 honor killings throughout the year; however, the unreported number was believed to be much higher.
Prostitution existed, although it is illegal. Many observers considered "temporary marriages" a form of prostitution. Temporary marriages lasted from one day to a few months, in exchange for a dowry.
There is no law specifically prohibiting sexual harassment.
Couples were free from government discrimination, coercion, and violence to decide the number, spacing, and timing of their children, but family and community pressures to reproduce, the high prevalence of child marriages, and lack of accurate biological knowledge limited their ability to do so. Oral contraceptives, intrauterine devices, injectables, and condoms were available commercially and through provincial hospitals. Men and women were equally diagnosed and treated for sexually transmitted infections, including HIV, when health care was available. NGOs reported that sexually transmitted diseases were widespread and typically went undiagnosed since most persons suffered from numerous untreated medical conditions.
Women who reported cases of abuse or who sought legal redress for other matters reported pervasive discrimination within the judicial system. Local practices were discriminatory toward women, and in parts of the country where courts were not functional or knowledge of the law was minimal, elders relied on an interpretation of Shari'a and tribal customs, which generally were discriminatory toward women. Most women reported limited access to justice in tribal shuras, where all presiding elders were men; women in some villages were not allowed any access for dispute resolution. Women's advocacy groups reported that the government intervened informally with local courts to encourage them to interpret laws in ways favorable to women.
MOWA and NGOs continued to promote women's rights and freedoms. According to UNIFEM, women made up 26 percent of government employees. The MOWA, the primary government agency responsible for addressing the needs of women, had provincial offices, but the organization suffered from a lack of capacity and resources. The provincial offices assisted hundreds of women by providing legal and family counseling and referring women they could not directly assist to relevant organizations.
Women and children were overwhelmingly the victims of preventable deaths due to illness. Of the 25,000 citizens who died from tuberculosis annually, 16,000 were women. Many households could afford neither the cost of health care nor transport to health-care facilities, and many women were not permitted to travel to health facilities on their own. Observers reported that 68 percent of the population had access to primary health-care centers within two hours' walking distance from their homes, an increase from 9 percent in 2002.
According to Save the Children and UNIFEM, the country had the second highest maternal mortality rate in the world. Only 14 percent of births had skilled attendants present, and only 12 percent of women received professional prenatal care. Early marriage and early pregnancy put girls at greater risk for premature labor, complications during delivery, and death in childbirth. Lack of skilled attendance during childbirth and lack of obstetric and postpartum care were key causes of maternal mortality. The number of trained midwives increased from 467 in 2002 to 2,500 during the year.
According to reports in the British medical journal The Lancet, both adults and children suffered from a broad spectrum of mental health problems, including depression, anxiety, and posttraumatic stress related to widespread social suffering and domestic violence as well as acts of war. Residents of Kabul were at greater risk, possibly stemming from social and economic stressors in the capital, including overcrowding, high living costs, widening inequalities, pressure on resources, and declining security.
According to Save the Children, although there was some diversity in household decision-making practices throughout the country, women generally exercised little decision making regarding marriage, timing of pregnancies, birthing practices, and child education. Informal social and familial pressure led the majority of women in rural areas to wear burqas, and most women wore head covering.
The meaning of what is quoted here, and what is in the balance of the report, does not unpack itself. One can always ask, for example, "this state of affairs is compared to what?" And it should be no surprise that the report is a mixed bag. And yet this appears to be a credible attempt to assess the status of what is actually going on in the country that I believe already has our largest commitment of armed forces. It seems to me that those who want to have an informed opinion on Afghanistan ought to read it -- in part because those with whom we debate may well not do so.