"I willingly decided to withdraw my complaint as it is better if I join
my family. My children are currently studying at school. If my husband
is prosecuted and imprisoned then who will be supporting me and my
children?" These are the words of B., a 25-year-old woman from
Afghanistan's northeastern Takhar Province, talking to the United
Nations about how she ultimately dealt with her complaint of battery and
laceration against her husband.
Like B., few Afghan women victims of violence resort to state mechanisms to seek justice given that the existing legal framework and court adjudication process in the South Asian country provides "limited options," a new UN report found.
Mediation vs. prosecution
Released by the UN Assistance Mission in Afghanistan (UNAMA) and the Office of the UN High Commissioner for Human Rights (OHCHR) on April 19, the paper states that only five percent of 110 surveyed cases involving violence were resolved through the judicial system, resulting in the criminal prosecution and punishment of perpetrators.
Women in Afghanistan have made some gains since the fall of the Taliban in 2002
The majority of cases cited in the paper - mainly cases of battery and
laceration and of abuse, humiliation and intimidation - were brought to
mediation, a process to resolve a dispute through mutual agreement and
reconciliation between parties. Analysts argue that while gains in
women's rights in Afghanistan have been remarkable since the fall of the
Taliban in 2002, these rights remain limited by a host of elements
which hinder not only access to justice, but also the chance of
obtaining redress.
Abuse of power
According to UNAMA, women's preference for mediation is influenced by several factors, such as perceived deficiencies in the criminal justice system, including allegations of corruption, abuse of power and lack of professionalism, as well as cultural and family pressure. Interviewed women were also cited in the report as stressing the value of mediation as a swift means to have their case processed - mainly due to their multiple obligations from assigned gender roles and financial constraints.
"I am going back to him because I have no alternative. If I had money and someone at home to take care of my children, I would never withdraw my complaint. I wanted to see him punished," 35-year-old R. from Afghanistan's northern province of Jawzjan was quoted as saying.
But why? Analysts view the Afghan women's economic dependency and the weak legal protection of their property and other rights as key factors impeding survivors of violence from taking action against abusers. For example, a woman who complains to the authorities about violence and is forced to leave the marital home that is her husband's property often has nowhere to go.
Like B., few Afghan women victims of violence resort to state mechanisms to seek justice given that the existing legal framework and court adjudication process in the South Asian country provides "limited options," a new UN report found.
Mediation vs. prosecution
Released by the UN Assistance Mission in Afghanistan (UNAMA) and the Office of the UN High Commissioner for Human Rights (OHCHR) on April 19, the paper states that only five percent of 110 surveyed cases involving violence were resolved through the judicial system, resulting in the criminal prosecution and punishment of perpetrators.
Women in Afghanistan have made some gains since the fall of the Taliban in 2002Abuse of power
According to UNAMA, women's preference for mediation is influenced by several factors, such as perceived deficiencies in the criminal justice system, including allegations of corruption, abuse of power and lack of professionalism, as well as cultural and family pressure. Interviewed women were also cited in the report as stressing the value of mediation as a swift means to have their case processed - mainly due to their multiple obligations from assigned gender roles and financial constraints.
"I am going back to him because I have no alternative. If I had money and someone at home to take care of my children, I would never withdraw my complaint. I wanted to see him punished," 35-year-old R. from Afghanistan's northern province of Jawzjan was quoted as saying.
But why? Analysts view the Afghan women's economic dependency and the weak legal protection of their property and other rights as key factors impeding survivors of violence from taking action against abusers. For example, a woman who complains to the authorities about violence and is forced to leave the marital home that is her husband's property often has nowhere to go.
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