A recent report
by Human Rights Watch calls on the government of Afghanistan to
"ensure that all those who agree to the reconciliation process have made
explicit their acceptance of the constitutional guarantees of equality for men
and women."
This
is in reference to the planned dual processes of reconciliation, negotiations with high-level
insurgent commanders, and reintegration, encouragement of lower level
fighters to give up their arms.
However,
how the government of Afghanistan
is expected to achieve this is unclear. The weaknesses of the Karzai government
and its many failures to adhere to the constitution in the past are mentioned
several times in the report (specifically, pages 6, 34, and 43), as are the
inherent contradictions in pursuing reconciliation with insurgent groups that
are clearly ideologically opposed to any law that contradicts their version of
Islamic law.
As
activist Wazhma Frogh tells HRW,
"President Karzai himself has done many things against the Afghan constitution.
There have been hundreds of things -- including illegal things -- that were
against the constitution. What was the result? Nothing happened." If the
government itself does not have a strong record of upholding the constitution,
how can it be expected to do so after bringing the Taliban into the fold?
The
HRW report is important because it brings attention to the ongoing human rights
abuses in Afghanistan,
particularly the disproportionate targeting of women by the Taliban and other
insurgent organizations. A vivid and terrifying picture is painted of the fear
these women must go through in just trying to live a normal life. A number of
recommendations are made for what the major players in Afghanistan
should do (on pages 59 to 64). Apart from the unwavering adherence to the
constitution mentioned above, there are also recommendations for greater female
representation in decision-making processes and a repealing of the Amnesty Law, which grants amnesty to
individuals who committed war crimes before the war began in 2001.
However,
it is difficult to read this report without coming to the conclusion that HRW's
recommendations are near impossible to implement. Great pains are taken to
highlight the Taliban's commitment to the brutal oppression of women and
disdain for the constitution, and presumably they wouldn't be so hot on a
repeal of the Amnesty Law either. This is further coupled with a widely held belief that the main insurgent
groups are not that interested in reconciliation in the first place.
Concerning
women's involvement in decision-making, the report argues that there is a
prevailing culture of indifference among male Afghan decision makers, when it
comes to upholding women's rights, thus requiring adequate representation for
women in the process itself. However, this is also a clear barrier to that
representation, in the face of reconciliation efforts with insurgent groups
even more violently misogynistic than any member of the government, it is
unlikely that women's representation in decision-making will be treated as a
priority.
I
applaud HRW's work in drawing attention to the plight of Afghanistan's
women but when its recommendations for improving the situation are compared
with the reality the NGO itself presents, it's hard to envisage a situation
where reconciliation is achieved and women's rights, as well as general respect
for the constitution, are upheld simultaneously.
Thus,
we are left with another very important takeaway from this report. The reality
is that these much needed recommendations may well be deal-breakers when it
comes to reconciliation. Sadly, the emerging scenario is that something will
have to give, and HRW is right to fear that it will probably be women who will
suffer once again.
Alexander Lobov is a
freelance writer based in Melbourne,
Australia. He
blogs at The Zeitgeist
Politics.
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