12.2007 - Source: UN High Commissioner for Refugees

Freedom of movement of women limited by male family members and religious leaders; single women rarely move alone because the risk harassment and abduction for marriage ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22665]

"A majority of women is banned from working outside of their homes by their male family members, tribal and religious leaders. The freedom of movement of women is severely limited, especially in rural areas. In most villages, women are restricted to family compounds except for necessary transit to water points. In some rural areas, tribal culture provides women with marginally greater freedom to circulate, for example to work in the fields. In urban areas, freedom of movement is less restricted, but normally requires a male escort (mahram). Single women of marriageable age rarely move alone because they risk exposure to harassment and abduction for marriage."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Women have to follow particular codes of behaviour; if their behaviour is not in accordance with this code, they may face persecution, violence and honour killings ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22932]

"Afghan woman, in most part, are required to follow particular codes of behavior. Where a woman refuses or otherwise does not conform her behavior in accordance with this code, and faces punishment as a result, she may have a well-founded fear of persecution. Persecution can take the form of honor killings or other violence as well as discriminatory restrictions related to education, moving outside the home without a male relative or participating in the work-force. Risks due to failure to conform to the conventional roles and restrictions on women’s conduct can be viewed as either linked to the ground of religion and/or political opinion, as non-conformity can be seen as opposing traditional power structures."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Family and community pressure for women to conform to traditional norms and behaviour is very strong ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22991]

"Women, both in urban and rural areas, must conform to conservative and traditional norms of behaviour in order to be safe from physical and psychological violence or abuse. Pressure to conform is very strong, both from within families and communities, and by the public. The conduct of women in the workplace is carefully watched. Afghan women who, having resided abroad, adopt “Western” values, which are considered to be inconsistent with social mores in Afghan society, would only be able to continue to enjoy relative social, cultural and economic freedom if they can rely on strong family protection. Such protection is more readily available in Kabul than in the provinces."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Cases of self-immolation of women returning from Iran; women returning from Iran also expressed frustration at the lack of available opportunities for women and restrictions imposed by family members ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 22992]

"UNHCR is aware of self-immolation cases of women returning from Iran. Those cases were reportedly rooted in the social restrictions imposed upon return. Women returning from Iran interviewed by UNHCR have also expressed frustration at the lack of available public and social opportunities and activities for women, and the serious restrictions to the freedom of movement often imposed by family members and society as a whole. In this respect, Afghan tradition imposes that women cannot travel freely without male escorts (Maharam). Furthermore, women are presented with the challenges of harassment and pressures from families to wear a burka or a chador."

Document(s): Open document

12.2007 - Source: UN High Commissioner for Refugees

Single women and women without male or family-support are uncommon in Afghanistan and are at risk of being married off against their will and are likely to be ostracised by the community; in most cases, the government is not able to protect women ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers") [ID 23167]

"Women without effective male or family-support and single women of marriageable age are uncommon in Afghanistan, and continue to be viewed with some suspicion. They face a high risk of being married off by their families against their will. Single women are likely to be ostracized by the Afghan community, or fall prey to malicious gossip, which could destroy their reputation and social status. This exposes them to an increased risk of abuse, threats, harassment and intimidation by Afghan men, including risk of being kidnapped, sexually abused and raped. In the majority of these cases, the Government is not in a position to protect women."

Document(s): Open document

14.09.2007 - Source: US Department of State

Attendance of women in mosquees ("International Religious Freedom Report 2007") [ID 21661]

"The Ministry of Women's Affairs and the Ministry of Religious Affairs and the Hajj also worked together to give women the opportunity to attend mosques. While women have always had the right to attend mosques, separate areas had to be designated for them. The new initiative provided for such spaces in larger mosques where room was available. During the reporting period, the Ministry of Foreign Affairs organized seminars for religious leaders to promote moderate views about the role of women in Islam. Approximately 20 religious leaders attended the seminars, which sparked continued discussion on the topic."

Document(s): Open document

14.09.2007 - Source: US Department of State

Less women in urban areas are wearing a burqa after the fall of the Taliban; however, the majority continues to wear some form of head covering ("International Religious Freedom Report 2007") [ID 21665]

"When in public, most women in rural areas wear a garment called a burqa, which covers their full body and face, including the eyes, when in public. Since the fall of the Taliban, many women in urban areas no longer wear the burqa, however, a majority continued to wear some form of head covering either by choice or community pressure. Urban women generally did not wear burqas before the Taliban imposed this practice."

Document(s): Open document

14.09.2007 - Source: US Department of State

Chastity examinations ("International Religious Freedom Report 2007") [ID 21666]

"In contrast to previous years, there were no new reported cases of forced chastity examinations. However, local marriage traditions in which a newly-wed couple consummates their marriage on a white handkerchief which is later displayed as proof of the bride's virginity until marriage remain popular throughout the country. Women run the risk of immediate divorce and social ostracism, severe punishment from her in-laws, or death, if her virginity is not confirmed through this ritual. There were no reports of examinations directed at non-Muslims. Local religious officials also confronted women over their attire and behavior."

Document(s): Open document

02.2005 - Source: Afghanistan Research and Evaluation Unit

Divorcees and deserted women ("Who owns the farm? Rural Women’s Access to Land and Livestock (Author: Jo Grace)") [#29311],  [ID 1251]

"Divorced women also face many problems, as few receive any property, or anything at all, despite the fact that they are usually pledged an amount of money and sometimes land and livestock, as in the Kabul villages. This amount is pledged at the time of marriage and can be claimed at any time as well as upon divorce but no one interviewed could cite any cases of women receiving this. Without property and few income generating opportunities, most women will have to remarry (if young enough) or be to some extent dependent on family members if not.
Women whose husbands are “lost,” (either missing or who have deserted them without divorcing them) may be particularly vulnerable if their marital family does not care for them, as they cannot remarry for a period between 6-10 years and do not appear to be able to claim property if they do not know their husband is dead. These women are also less visible than widows as they are a category few people ask about. (p. 23)"

Document(s): Open document

11.2004 - Source: Danish Immigration Service

Single women ("The political conditions, the security and human rights situation in Afghanistan; Report on fact-finding mission to Kabul, Afghanistan 20 March – 2 April 2004") [#27424],  [ID 1252]

"The UNHCR was of the opinion that Afghan culture does not include the concept ”a single woman”. A woman always belongs to a relative. For example, a widow will usually be married again, but can be treated very badly. The UNHCR has knowledge of a case where a group of single women had returned to Afghanistan from Iran, and the only way of ensuring their safety was if they remarried.
The UNHCR stated further that often the only way in which a single woman can return to Kabul is by getting married. The source explained that single women find it very difficult to get by. A survey on how different groups of repatriated refugees survived the winter in Afghanistan showed that female-headed households were the group, which found it significantly more difficult getting through the winter.
The EU Special Representative mentioned that it is very difficult for single women to settle down in Afghanistan. It is not possible without some kind of social network.
The Vice Minister for Women’s Affairs explained that in the Afghan society single women’s safety cannot be guaranteed. In Afghan society, there is no understanding of the concept ”single woman”. A woman, who returns to Afghanistan alone and lives alone risks being robbed, raped or murdered. If she is robbed people will believe that she has also been raped. The source explained that she returned from Germany without her husband after the fall of the Taliban. The Vice Minister is a highly educated woman who is married and has children. Nevertheless she was not able to settle down alone in Kabul, but had to get in contact with an uncle on her mother’s side and ask if she could live in his house.
The AAWU found that a single woman can only settle in Kabul if she is very rich and can afford security guards and can get work within a NGO that is able to offer her protection, and is clever enough to know how to avoid problems. The source mentioned that a normal single woman will be getting problems if she returns to Afghanistan. (p. 50/51))"

Document(s): Open document

21.09.2004 - Source: UN General Assembly

Women accused of violation of social norms held in tribal custody under absuive conditions ("Report of the independent expert of the Commission on Human Rights on the situation of human rights in Afghanistan A/59/370") [#28465],  [ID 1255]

"Private confinement of women
62. Another abhorrent situation throughout the country has to do with the confinement of women in the custody of tribal elders. Because of the absence of detention facilities for women in the districts (there are only three detention facilities for women in the country), women found to be guilty of acts that may not constitute legal offences are confined to the personal custody of tribal leaders and others. These women are sometimes forced into slave-like conditions outside the reach of the law and are reportedly subject to sexual and physical abuse. The charges brought against them are reported to arise in large part out of allegations of “immoral conduct”, which does not, however, constitute a legal violation. In addition, some cases allegedly involve crimes committed by spouses and fathers for which the women are forced to accept responsibility. The independent expert has notified the President, the Attorney-General, the Minister of the Interior, and the Chief Justice of the Supreme Court of this egregious situation, all of whom have promised to look into it."

Document(s): Open document

05.07.2004 - Source: Institute for War and Peace Reporting

Divorced women often face abandonment, abduction, sexual assault and violence ("Society Abandons Divorced Women") [#23773],  [ID 1256]

Document(s): Open document

24.06.2004 - Source: Institute for War and Peace Reporting

Death, humiliation and threats are often the punishment for a mother who gives birth to a girl, because of the economic hardship and social stigma brought by a daughter ("Mothers Pay Price for Bearing Girls") [#23532],  [ID 1257]

Document(s): Open document

11.03.2004 - Source: Integrated Regional Information Network

Province of Herat: an increasing number of women and young girls have committed suicide because of oppressive social conditions ("Women said still oppressed in Herat") [#20351],  [ID 1258]

"An increasing number of women and even young girls have committed suicide in the Afghan province of Herat, ruled by local strongman Ismail Khan, because of oppressive social conditions that hark back to the time of the fundamentalist Taliban regime, according to a member of the Revolutionary Association of the Women of Afghanistan (RAWA). "The leader in power in Herat is just like the Taliban. He is not a democrat and has placed restrictions on women and girls, which is why many women have committed suicide," Suhaila, who uses a single name, told IRIN in the Pakistani capital, Islamabad.
In Herat, women were being forced into marriages, depriving them of the chance to go to school or to seek jobs, she added. "That is why all these women are committing suicide," Suhaila maintained.
According to the RAWA member, most of the reported suicides had taken place in Herat but the trend also extended to the rural areas of other provinces such as Nimruz.
"The women and girls of Afghanistan find themselves in the same situation as during the time of the Jihadis and the Taliban. These warlords, who are in power in the provinces, are just doing whatever they want. The government should control these provinces and their leaders - they should not be in power," Suhaila fumed. [...]"

Document(s): Open document

01.03.2004 - Source: Radio Free Europe/Radio Liberty

Growing number of self-immolations of women because of forced marriages, lack of freedom of movement and access to education ("Self-Immolation Of Women On The Rise In Western Provinces") [#20972],  [ID 1259]

"[...] A government delegation that traveled to Herat last week said at least 52 women in the province have killed themselves in recent months through self-immolation.
A Herat regional hospital last year recorded 160 cases of attempted suicide among girls and women between the ages of 12 and 50. But Virdee says the real number is probably much higher.
"The official statistics which the hospitals have are for the women who have actually come to the hospital, who can receive treatment. There are many other cases of women burning themselves in the villages, in the city, in some of the provinces. But these are women we can't give any estimates on, partly because they never reach the hospital or because they die in their villages or city. These are the cases that never come to the attention of any public authorities," Virdee said.
Afghan officials say poverty, forced marriages, and lack of access to education are the main reasons for suicide among women in Herat. Domestic violence is also widespread.
"A lot of women are saying that their husbands don't allow them to go and visit their families. There are severe restrictions on their movement, and also there is violence towards them -- both physical and psychological -- and intimidation and isolation," Virdee said.
During the five-year rule of the Taliban militia, women were not allowed to work or study. They could not leave their homes without a male escort and were forced to wear the all-encompassing burqa.
Since the fall of the Taliban in late 2001, women have once again been given the right to study and work. But activists say women in many parts of Afghanistan -- including Herat, which is ruled with an iron fist by provincial governor and warlord Ismail Khan -- still face repression and harassment.
Virdee says the continued crackdown on women's rights is contributing to the rise in self-immolation cases.
"The institutional repression of the women's movement is also a big factor because women are not allowed to go on their own in taxi cars, they are sort of socially policed if they are talking to other men, they have to be in the burqa, they have restriction on freedom to work. Just recently in Herat a women's shop which was employing a lot of women was closed. The driving school for women was also closed," Virdee said. [...]"

Document(s): Open document

19.12.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Wide range of violations against women and girls in the name of social norms ("Report of the Secretary-General: The situation of women and girls in Afghanistan (E/CN.6/2004/5)") [#18829],  [ID 1260]

"The report of the Special Rapporteur on violence against women (A/58/412) cites a wide range of violations against women and girls in the name of social norms, traditions and protection. Specific reference is made to domestic violence and early and forced marriages which remain common, at times with the concerned woman or girl threatening or actually committing suicide."

Document(s): Open document

13.08.2003 - Source: Institute for War and Peace Reporting

Even highly-educated women are expected to give up their studies and jobs when they marry, and devote all their time and energy to homemaking ("Working for Independence") [#15110],  [ID 1263]

"Nafisa is a beautiful 45-year-old woman with a great career as a teacher trainer. What she doesn’t have is a husband - and she’s not sure that she wants one.

"As far as I can see Afghan women are neither happy nor lucky with their marriages," she told IWPR. "Few men understand their wives. If I got married my husband would tell me to prepare the meals, wash the clothes and serve his guests, but I prefer to write books and do my job.”

For the majority of Afghan females, the choice is every bit as stark as that. Even highly-educated women are expected to give up their studies and jobs when they marry, and devote all their time and energy to homemaking.

Only the elite few in large cities such as Kabul and Mazar-e-Sharif, who are able to support themselves, reject married life. In rural areas, where every marriage is arranged, and there are no employment opportunities for women, such independence is almost unheard of.

Nafisa is determined to take advantage of the relative freedom afforded her by life in the capital. "I don't want to have a mismatched marriage,” she said. “There's no way I would consider an illiterate man or one with a poorer education than me."

Her independence has come at a price, however. "If a woman remains unwed, she is made to feel ashamed. It is a defect in our society, the way marriage is seen as essential,” she said. “That is why illiterate but married women are more respected than educated single ones."

The Alkozai sisters, Jamila, 45, and Nadia, 42 - who both hold Masters degrees and work for an Afghan non-governmental organisation - know that feeling too.

"We have conducted educational training and family guidance workshops for women in and around Kabul successfully. But when some participants found out that we were single they looked at us so sadly that we even began to feel sorry for ourselves," Nadia told IWPR."

Document(s): Open document

14.03.2003 - Source: International Crisis Group

ICG: Impact of traditional norms on situation of women ("Afghanistan: Women and reconstruction") [#11474],  [ID 1265]

"Traditional norms have had more impact on women’s position in society than formal norms in either constitutions or statutes. The former have persisted because of the failure of the Afghan monarchy, throughout the nineteenth and most of the twentieth century, to subordinate traditional structures through measures like taxation, conscription, and administrative regulation. At village and sub-district levels, authority is grounded in tribal structures and exercised through village councils (shuras) traditionally open only to men. Therefore, even if the new Afghan administration, in particular the commissions tasked with creating a new constitution and legal codes, produce a reasonably progressive constitution and body of law, the norms will be impossible to enforce without governmental mechanisms to ensure serious consideration of gender policy."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Adultery ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1267]

"The Deputy Minister for Women's Affairs said that in cases where a woman is caught in adultery, the spouse decides her punishment. The Minister elaborated that women - especially in rural areas - were not allowed to go out alone, and that consequently the issue of adultery would often be hypothetical."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Weddings, Marriages and Divorces ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1268]

"Weddings, marriages
The Deputy Minister of Justice advised that the age limit for marrying is 18 years for men and 16 for women. These age limits may be lower in the rural districts in accordance with local tradition. Please also see 4.8.3. An Afghan man may have 4 wives, but according to the Deputy Minister an Afghan man, under Islamic law, should only have one wife. The Director of the Secretariat of the Human Rights Commission and the Commissioner advised that temporary marriages28 are prohibited in Afghanistan.

Divorces
The Director of Secretariat of the Human Rights Commission and the Commissioner advised that a man can easily get divorced from his wife. This is done by a verbal declaration before the wife, in the presence of two witnesses. The declaration must be repeated three times. According to the Director of the Secretariat of the Human Rights Commission and the Commissioner, a woman cannot get divorced as a general rule according to the Sharia laws, if the husband does not agree.
However, she may contact the council of elders or the court if she finds that her husband is impossible to live with. According to the Deputy Minister for Women this applies in cities as well as in the rural districts. International Human Rights Law group said that divorces are rare. The importance of the family honour means that most women choose to tolerate domestic violence rather than seek a divorce. The source also added that most women are unaware of the opportunities available for obtaining a divorce. The prerequisite for a woman to seek a divorce is that she must prove one of the following conditions:

- that the husband is unable to provide for the family,
- that the husband is violent towards her,
- that the husband is mentally ill,
- that the husband is unable to give her children,
- or that the husband is abusing the consumption of alcohol or drugs.

The International Human Rights Law Group said that previously there were Family Courts, conciliating between spouses wanting a divorce. However, such courts were abolished during the Mujaheddin period.
The Deputy Minister for Women's Affairs and International Human Rights Group advised that if a husband wants to divorce his wife, he must pay money to his wife. On the other hand, he does not have to pay any money if the wife wants to divorce him. The Deputy Minister said that if the husband divorces his wife simply in the presence of two witnesses, no divorce certificate would be issued. However, the woman must have a divorce certificate issued by the court in order for the divorce to be valid by law. Such a document is also required for her to re-marry. However, she cannot re-marry until three months after the divorce.
International Human Rights Group was of the opinion that 95% of divorces are not being brought before the court. That means that for 95% of all divorces there is no divorce certificate to prove the divorce.
DACAAR advised that there is no place for women to turn to, if she wants a divorce. She can return to her father's house, but in 99% of all cases the father will take her back to her husband out of regard for the family honour. 6.2 Parental custody The Director of the Secretariat of the Human Rights Commission and the Commissioner, and International Human Rights Law Group advised that in case of divorce the children go to the father. The husband might allow the wife to keep the children. Such permission will appear from the divorce certificate, if one exists, from the court. At any stage, the husband may demand that the children be returned to him.
The Deputy Minister for Women's Affairs added that the custody of children under the age of 2 years may remain with the mother, but that custody will automatically go to the father, once they turn 2 years. If the father of the children has died, the mother will keep the children provided she has a home and is able to provide for them. If the woman wants to re-marry, custody will be transferred to the husband's family."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Most women are detained not for violations of the Criminal Code, but for transgressing customary laws according to Sharia (religious codes) ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1264]

"There are few women detained in Kabul Welayat (Kabul Provincial Administration) for serious criminal activity. Most women are detained not for violations of the Criminal Code, but for transgressing customary laws according to Sharia (religious codes). Sharia includes concern with the regulation of behaviour considered by European law to be private and outside the scope of legal oversight. Particularly regarding sexual conduct, Sharia seems to regard the public order, rather than the individual as the victim to be protected e.g. the Medical Jurisprudence Department uses a criminology chart of ‘sexual perversions and sexual crimes’ which subdivides rape into ‘forced sex’ and ‘sex with consent’. The latter kind of ‘rape’ applies to sex outside of a legally recognised relationship.
Female detainees repeatedly articulate a belief that they are trapped because of attitudes of family members, rather than as a consequence of careful enquiry with impartial legal representation. The women say that their imprisonment is ‘all about money and power’ and, in the words of the longest-incarcerated female prisoner ‘There is justice for none.’ Others including some in positions of responsibility also express similar opinions: the Head of Investigators at the Welayat told ‘The women in prison are not criminals. What matters is that the people think they are criminals.’"

Document(s): Open document

21.01.2003 - Source: BBC News

After a 10-year ban, women are now allowed to drive ("Female drivers to return to Afghan roads") [#12293],  [ID 1269]

Document(s): Open document

01.2003 - Source: Overseas Development Institute

The treatment and status of women are by no means uniform across Afghanistan ("Afghanistan’s political and constitutional development (Authors: Chris Johnson, William Maley, Alexander Thier and Ali Wardak)") [#11961],  [ID 1266]

"The treatment and status of women are by no means uniform across Afghanistan. Cultural differences and the rural­urban divide mean that there is significant regional variation. Women in Hazarajat, for example, are freer than in many other areas. Prior to the Taliban takeover of the area, it was not unusual for villages in some districts to have women's shura, or even sometimes for women to participate in a mixed shura. Even after the Taliban took over, many girls' schools continued to run because the local community fought for them, and female health workers continued to travel as part of their work.

It is also a mistake to think that all Pashtuns are conservative towards women, or that non-Pashtuns are less so. In some rural areas of Badakhshan, women found it impossible to work outside their village, even as health workers accompanied by a male family escort. In the provincial capital, Faizabad, women have felt forced to wear the burqa and many women who worked with assistance agencies were unable to go to their offices on a regular basis, but felt forced to work from home. Indeed, many women even in Kabul still feel the need to wear the burqa, in part due to conservatism in the new government. In Herat, many Taliban-era restrictions remain in place, or have been reintroduced. Throughout the last two decades, many of Afghanistan's factions became more conservative on women's issues as the conflict progressed. For example, in Mazar-i Sharif in 1997, before the Taliban takeover, a decree was issued banning Afghan women from working with international agencies unless the agency concerned had a female head of mission. Indeed, the first rules against women working in Kabul were not issued by the Taliban but by the Rabbani government that preceded it.

It should not be assumed that Islam is necessarily a negative force with regard to women's rights. Speaking of how conflicts were traditionally resolved, elders in Zabul explained how, whereas the settlement of disputes had once often involved an exchange of girls, they no longer allowed this practice as they had heard that it was against Shari'a. Several women spoke of Islam as giving them freedoms, and argued that they should not be deprived of their rights in its name."

Document(s): Open document

09.05.2002 - Source: Human Rights Watch

Continued assault on women for not adhering to former Taliban edicts; Kandahar authorities arrest members of militant group said responsible ("Taking Cover: Women in Post-Taliban Afghanistan") [#6893],  [ID 1278]

"In the second week of April, for example, Reuters reported an acid attack on a female teacher in Kandahar, after handwritten pamphlets were found circulating in the city warning men against sending their daughters to school or their wives to work. A previously unknown militant group named Tanzeem al-Fatah Afghanistan ("organization for the victory of Afghanistan") allegedly distributed the pamphlets. Reportedly, Kandahar authorities arrested the accused man and thirty-seven others named by the man, five of whom were wearing Afghan military uniforms when apprehended.8 Although the Interim Administration has publicly endorsed the right of women to obtain an education and employment, the lack of an official repeal of Taliban edicts by the Justice ministry is a significant concern for many women Human Rights Watch interviewed. Women felt that an official and public rescinding of all the Taliban edicts would go a long way in fostering their confidence in the government and in providing them with the legal ability to challenge gender-specific discriminatory attitudes."

Document(s): Open document