The detailed study of the Elimination of Violence Against Women Act, enacted by Afghanistan in 2009, found that the use of that law had increased significantly, with prosecutions doubling, but still lagging far behind the growing number of complaints.
More than 4,000 reports of abuse of women were recorded by the Afghanistan Independent Human Rights Commission from over the seven months ending in October, which far outstrips the number recorded during the 12 preceding months, March 2011 to March 2012.
However, in the United Nations’ study of 16 Afghan provinces, including some of the most populous, only a small percentage of those reports were registered with the police or the courts, and prosecutors took barely a third of the complaints — just 163 — to trial. Still, they obtained 100 convictions.
The antiviolence law lists 22 acts that constitute violence against women, including rape, forced prostitution, forced marriage, child marriage, harassment or persecution, and causing injury or disability.
The reasons for the huge gap between the number of reports and the number investigated and brought to trial have much to do with Afghan culture, which discourages discussing family troubles with strangers, and with widespread discrimination against women, which leads to “acceptance of violence against them,” said Georgette Gagnon, the director of human rights for the United Nations’ Afghanistan office, who discussed the findings at a news conference.
In many places, the police and prosecutors discourage women from pressing their case in court, Ms. Gagnon said. The commitment of government authorities ranges widely, with some deeply supportive of the law — to the extent of risking their lives to help women — and others reluctant to move cases into the courts.
“Rather than following required legal procedures in all cases, police and prosecutors’ offices continue to refer numerous cases, including serious crimes of violence against women, to jirgas and shuras for advice or resolution,” she said.
Shuras and jirgas, tribal councils that rely on male elders to determine a solution, often return women to the circumstances in which they were abused, and only rarely punish the perpetrators. The use of shuras and jirgas is especially prevalent in ethnic Pashtun areas of the country, but it is not unknown in Tajik areas. Of 52 cases registered by the provincial office of the Ministry of Women’s Affairs in Nangarhar Province in eastern Afghanistan, 17 were sent to jirgas, according to the report.
The report noted that in some areas, government authorities appeared to be so reluctant to invite public attention that they reported no cases of abuse at all. That was the case in Panjshir Province, which is overwhelmingly ethnic Tajik, as well as in Wardak and Logar Provinces, which are both majority Pashtun. In Panjshir, abuse complaints were diverted to jirgas, the United Nations report said.
Women are afraid to make their troubles public in part because they fear retribution from those who abused them, Ms. Gagnon said. “Women will tell you that most of them don’t go to authorities to complain,” she said. “And how would they go? They can’t get out of the house.”
Prosecutors are most active in Herat, in western Afghanistan, and in Kabul, the two largest metropolitan areas, which together accounted for more than half of the instances of violence that were registered with prosecutors’ offices. That indicated better systems for reporting there and perhaps a greater awareness of the issues, women’s rights advocates said.
Still, the tiny percentage of prosecutions outraged the advocates, who said a major problem was a culture of impunity that allowed abusers who occupied positions of power in communities to go unpunished, discouraging prosecutions.
“Given the high number of cases of violence against women, from now on we should stop using the word ‘violence’ and use the word ‘crime’ when we talk about this,” said Selay Ghaffar, a member of the Afghan Women’s Network. “Unfortunately, those who violate women’s rights have not been punished, and they still walk free.”
