"Any kind of discrimination and privilege between the citizens of Afghanistan are prohibited. The citizens of Afghanistan — whether man or woman — have equal rights and duties before the law." This statement was enshrined in Afghanistan's new constitution, adopted on January 4 by a 500-member constitutional assembly.
The formal guarantee of women's rights was absent from the initial draft but the refusal of Afghan women to be silenced ensured its inclusion in the final version.
While the recognition of women as equal citizens has been hailed as a victory, women's and human rights organisations have indicated concern that the constitution will have little impact on the real lives of women. Afghanistan is still gripped by war, and kidnapping and sexual violence against women and girls is rampant.
An October report from Amnesty International argues that President Hamid Karzai's US-installed government has "proved unable to protect women". The report says: "Forced marriage, particularly of girl children, and violence against women in the family are widespread in many areas of the country. These crimes of violence continue with the active support or passive complicity of state agents, armed groups, families and communities...
"The criminal justice system is too weak to offer effective protection of women's right to life and physical security, and itself subjects them to discrimination and abuse. Prosecution for violence against women, and protection for women at acute risk of violence is virtually absent."
Human rights groups have also expressed concern that women could be endangered by the statement in the constitution that "in Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam".
Complaints about the lack of democratic process involved in the three-week meeting of the Loya Jirga (general council) were numerous. Women members were intimidated and in some case threatened by armed men, and many now fear for their safety upon returning home. Bribery of council members and deals between factions behind closed doors were common practice throughout the meeting.
One delegate, 26-year-old social worker Malalai Joya, interrupted the meeting to condemn its dominance by warlords. So dangerous is expressing such an opinion in Afghanistan that she required protection for the remainder of the assembly to ensure her security.
The new constitution pledges to promote educational programs for women. Education is to be free up until high school and the government is responsible for heath care provision. But many girls, while having the legal right to education, do not attend school for fear of being kidnapped or attacked and raped on the way.
According to the US Human Rights Watch organisation, few Afghan women have access to medical care and in some parts of the country the death rate for women giving birth is the highest in the world. Women's rights activists continue to be harassed and attacked for speaking out.
More than 11,000 US troops remain in Afghanistan, continuing to reign terror and destruction in the ongoing battle to impose "security". Meanwhile, the ousted Taliban forces have regained strength in the country's south east.
More than US$8 billion has been spent on bombing Afghanistan into rubble and bribing warlords into US compliance. Only 3% of total foreign aid sent to Afghanistan since the US launched its war on the country in late 2001 has been spent on reconstruction.
Some 2.5 million refugees have returned to rubble, homelessness, disease, hunger and a total lack of water and heating. A million others remain in refugee camps in Pakistan. The Australian government continues to send back those Afghan refugees locked up in detention camps in Australia and the Pacific.
The recognition of women's rights in the new constitution indicates the refusal of Afghan women to give up their fight, but ongoing solidarity with their battle for real justice and freedom remains as crucial as ever.
Kerryn Williams
From Green Left Weekly, January 14, 2004.
Visit the Green Left Weekly home page.