MUSLIM'S FEMALE LOT IN GRAVE DANGER DAILY

MUSLIM'S FEMALE LOT IN GRAVE DANGER DAILY

By J. Grant Swank, Jr.
Oct 22, 2004, 09:45

Sheikh Hassan Al-Sheikh, the imam of the Prophet’s Mosque, led Muslims in ceremonies involving recent religious observances. In his statements he warned about those who would seek to liberate Muslim women from their present state. "The condition of women in Islam is far better than in other cultures," he said, adding that Islam holds them in high honor and protects their rights.

When looking at Afghanistan, for instance, one realizes that Sheikh Hassan’s statement is utterly false. Amnesty International broadcast their findings that women’s rights in that country "have barely improved since the fall of the Taliban."

Note Amnesty International report entitled "Afghanistan: 'No one listens to us and no one treats us as human beings': Justice denied to women". . .

"Crimes of violence continue with the active support or passive complicity of state agents, armed groups, families and communities. This continuing violence against women in Afghanistan causes untold suffering and denies women their fundamental human rights.

"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.

"Those women who overcome powerful barriers and seek redress are unlikely to have their complaints considered, or their rights defended.

"In certain regions of Afghanistan, women accused of adultery are routinely detained, as are those who attempt to assert their right under Afghan law and international standards to marry a spouse of their choice.

"Protection and shelters for women at risk have not been created, and legal aid provision remains entirely inadequate.

"A number of reports have highlighted the specific effects on women of the lack of security and effective law enforcement in many parts of Afghanistan, and the failure to curtail abuses by powerful regional commanders.

"Women and girls are vulnerable to rape, sexual violence and abduction. The burning of a number of girls' schools has demonstrated the threat to provision for the realization of the rights of women. Many organizations have drawn attention to the insufficient international security provision.

"The prevailing insecurity has directly impacted on attempts by women to engage in political activities and ensure integration of women's rights in the process of reconstruction.

"Amnesty International researchers investigated the needs of women for justice, security and redress which are unmet by the existing criminal justice system. The organization researched patterns of violence against women and obstacles faced by women in seeking access to justice. Direct testimony on issues of violence against women is difficult to obtain. Statistical data on levels of violence against women is also lacking.

"Violence against women in the family has been recognized as a leading cause of death and suffering around the world. The UN Declaration on the Elimination of Violence against Women and the Beijing Declaration and Platform for Action substantiate measures that states must take to eliminate all forms of violence against women, including violence perpetrated within the family.

"Women and girls in Afghanistan are threatened with violence in every aspect of their lives, both in public and private, in the community and the family. Violence against women in the family including physical abuse and underage marriage is widely reported. Forced and underage marriage also occurs when women and girls are given in marriage as a means of dispute resolution by informal justice mechanisms. Rape of women and girls by armed groups continues to occur. The prevalence of violence against women and girls constitutes a grave threat to their right to physical and mental integrity. Amnesty International's research indicates there is a threat to the right to life of women and girls from violence in the family; women and girls have been killed and driven to suicide while the state has failed to take action.

"Significant numbers of underage marriages, incidents of physical abuse in the family and other forms of violence were reported to Amnesty International. The vast majority had not been reported to the criminal justice system, and almost none had been subject to investigation or prosecution. Women were largely unsupported when suffering violence, and had very few means to leave violent situations.

"Amnesty International's research indicates impunity for such violence on a vast scale. Such impunity perpetuates violence since perpetrators are free to consider their actions as normal and acceptable.

"’If they didn't beat us, we wouldn't be afraid of them and do what they want.’

"Violence against women in the home by husbands, male family members and, on rarer occasions, female family members was widely reported in the focus groups as well as by NGOs active on gender issues. Some women perceived violence as a means of control, while others saw it as caused largely by economic difficulties.

"The issue emerged starkly in certain focus groups where some women spoke openly of routine abuse. In one focus group, women reported violence that was socially sanctioned. The participants described how a mullah in a local mosque reportedly preached that it was acceptable for a man to beat his wife if she was behaving badly, but that he should restrain himself if she was behaving well.

"Provincial departments of the MoWA and women's NGOs have also been approached for assistance by women experiencing severe domestic violence. An NGO outlined to Amnesty International the circumstances of a woman experiencing sustained violence from her husband. When the woman sought help, her husband attempted to injure her, tearing out her hair in order to prevent her leaving the house. The woman persisted in seeking help from the NGO who assisted her in taking her case to court, where a conviction of the husband and divorce were secured.

"Few cases of abuse, however, are reported either to the authorities or NGOs. The extent of the problem emerges more clearly in hospitals than in any other state institution, when severely injured women seek treatment. According to one woman doctor interviewed by Amnesty International, ‘domestic and physical violence are normal practice – we have a lot of cases of broken arms, broken legs and other injuries. It is common practice in Afghanistan – it is not something we should say is not in our region because most Afghan men are using violence.’

"A foreign doctor working in a hospital spoke of women victims of severe domestic violence undergoing hospital treatment at a rate of about one each week. No monitoring of domestic violence issues is undertaken in the hospital and the doctor stated that she believed domestic violence often went unrecognized as the cause of less serious injuries.

"When asked about solutions to the problem of domestic violence, women in certain focus groups clearly perceived the impact of making such acts illegal and subject to punishment. As one focus group participant said, ‘Men would learn it is wrong and would stop beating us.’

"Amnesty International received reports of women and girls killed by family members. These included the shooting of a woman by her father for refusing his choice of husband. The district governor of the woman's village attempted to bring the alleged killer to justice, but was frustrated in his efforts when the alleged killer was given sanctuary by members of an armed group to whom he is reportedly affiliated. Amnesty International also received unconfirmed reports in focus groups of two 12-year-old girls killed by their husbands.

"Amnesty International's research indicated that in some parts of the country custom or tradition is used to legitimize the violent deaths of women. Amnesty International was repeatedly informed in Jalalabad, eastern Afghanistan, that where women and girls are alleged to have committed adultery or eloped, the family would deal with the situation by killing the girl or woman involved. In some parts of Afghanistan, adultery, ‘running away from home’ and unlawful sexual activity are referred to as zina crimes and are subject to criminal prosecution. Some women in such circumstances are also at risk of being killed if released. The following quotes from women participants in focus groups indicate the diverse circumstances where women may be at risk:

"’A man killed his wife when he found her with a cousin. No one did anything about the case because he had strong reasons.’

"’When a woman is killed [in a case of alleged adultery] it is the family of the woman who carries out the killing…These things are secret, they are happening inside homes.’

"’They [family members] will kill man and woman [in certain cases of rape]. If married she should go back to her father, because her husband will not keep her… If unmarried she will be killed.’

"’Where a father kills his daughter, he will never go to court, no one will be aware because it is a big shame and no one can bear it.’

"’If a woman or girl doesn't want to respect what her family is saying, of course she will commit suicide or her family will do this to her [kill her and make it appear as suicide].’

"Physical violence against women in the family is an abuse of their human rights. The Committee on the Elimination of Violence against Women has stated, ‘Family violence is one of the most insidious forms of violence against women. It is prevalent in all societies. Within family relationships women of all ages are subjected to violence of all kinds, including battering, rape, other forms of sexual assault, mental and other forms of violence, which are perpetuated by traditional attitudes. Lack of economic independence forces many women to stay in violent relationships. The abrogation of their family responsibilities by men can be a form of violence, and coercion. These forms of violence put women's health at risk and impair their ability to participate in family life and public life on a basis of equality.’

"’A girl should have her first period in her husband's house and not her father's house.’

"The legal age for marriage in Afghanistan for men is 18 and for women is 16 years of age. Clear data on actual marriage age is lacking as provisions to register marriage and birth are absent in many areas, and many people do not know their exact age. Age of marriage varies between urban and rural areas and according to ethnic background and economic circumstances.

"However, a clear pattern of widespread underage marriage of girls emerges, particularly in rural areas. It appears relatively rare for girls to remain unmarried by the age of 16. Amnesty International asked focus groups of women about the typical age of marriage in their communities. All groups gave the age at which girls married as typically between 12 to 16 years. A women's shura (traditional Afghan decision making body) in Nangarhar Province in eastern Afghanistan reported marriage age for girls to be between 10 and 12 years in the region.

"On occasion, girls are forced into marriage below the age of puberty, sometimes at extremely young ages. Such cases include that of ‘Fariba’, aged eight, who was given in marriage to a 48-year-old man. The father of the girl reportedly received 600,000 Afghani for his daughter. Fariba was reported to have suffered sexual abuse by the husband. A relative approached government officials and Fariba was removed from her husband's home and placed in an orphanage. However, at the time that this case was brought to the attention of Amnesty International, no criminal charges had been brought against either the girl's father or her husband, and a divorce had not been granted by the judge who heard the case to determine the status of the marriage.

"Few girls have the opportunity to express their distress. "Fatima", aged 17, is a rare example of a girl who fled a situation of underage marriage. Fatima related to Amnesty International how she was sold by her father into marriage to a much older man at the age of 14. Her father used the proceeds to buy a car. Her new husband lived far away and, since he was from a different ethnic group, spoke a language with his family that she could not understand. Fatima described how she had been given presents and clothes by her family but did not understand at first that she was to be married. When she realized she tore off the wedding clothes and protested, but could not prevent the marriage. She also related how she was raped by her husband.

"Fatima left her husband and returned to her father's house. She is now in a desperate situation where her husband's family and father's family are negotiating over financial arrangements related to her marriage situation. Fatima told Amnesty International that she would definitely go to a shelter if there was one in her area, and wants to seek training to be able to support herself. She is being supported by a woman NGO leader who lives near her and whom she visits frequently.

"Women in focus groups described marriage practices that denied them the right to choose a spouse. A husband would be chosen by the father or another close male relative, and the marriage imposed upon girls and women, if necessary in the face of protest and against their will. By the time of the formal ceremony of marriage, usually attended by three male witnesses, any resistance would have been progressively overcome, and a girl or woman would have great difficulty refusing. This oppressive process reflects in part the fact that girls and women are treated as an economic asset, with families receiving a price from the family of the groom on marriage in all communities where Amnesty International conducted research. They are also reflective of the pervasive control exerted by husbands and male relatives on women's lives.

"Amnesty International considers that underage marriage amounts to denial of the right to physical and mental integrity, and may also amount to cruel, inhuman and degrading treatment. Underage marriage is a breach of Afghan law and Afghanistan's international obligations. Amnesty International considers that forced marriage of women is a denial of the right to mental and physical integrity. Forced marriage is also a breach of Afghan law and Afghanistan's international obligations. The ICCPR provides that no marriage should be entered into without the free and full consent of the intending spouses. ‘State parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of man and woman: (a) the same right to enter into marriage; (b) the same right to freely choose a spouse and to enter into marriage only with their free and full consent’.

"’Every life matters, whether it be an American life or the life of an Afghan girl.’

"Doctors, NGOs and focus group participants in certain regions reported to Amnesty International a pattern of suicide by women made desperate by sustained violence in the family. A common form of suicide is self-immolation (death by fire). No data is kept by the authorities, but one NGO Amnesty International met has written up the circumstances of a number of suicides by women.

"A doctor in Jalalabad hospital reported seeing about one case of suicide by self-immolation each month in the main hospital. She said that ‘after they die we understand from the family that this is because of cruelty or violations they suffered from the husband or his family.’ The incidence of such cases was reported at around two each week by a doctor working in Herat hospital.

"Amnesty International documented several individual cases of suicide arising from violence against women. An international organization working with community groups in Afghanistan reported the case of a young girl whose father beat her so much that she killed herself by self-immolation. In another case a woman fell in love with someone that her family did not approve of. Her brother became aware of this, and was reported to have beaten her so severely that she committed suicide by taking an overdose of tablets.

"Although the exact rate of such suicides remains unknown, their apparent frequency reflects the very few options and forms of assistance available to women experiencing physical violence in the home. A group of school teachers Amnesty International spoke to expressed the opinion that suicide was more common than divorce in their area of the country.

"The abuses of the human rights of girls resulting from underage marriage illustrate how this practice sustains discrimination and the subordination of women. In a situation where girls are married without full consent or at an age where they are too young to give meaningful consent to sex, the risk of sexual assault and rape is clear. Amnesty International research also indicates a particular vulnerability among underage brides to physical abuse.

"The extent to which the autonomy and freedom to make major life choices is denied to women and girls by the practice of forced marriage is striking. It denies them the right to physical integrity and often infringes their right to health and education.

"Discrimination in access to education results from early marriage. Few communities where Amnesty International conducted research in rural areas reported girls receiving schooling after they reach the age of around 12. Focus groups reported that girls generally end their schooling on marriage. This is confirmed by a study of school drop out ages undertaken in Bamiyan province, central Afghanistan. School drop out ages for girls were found to be between 11 and 14 years.

"The right to health of girls is also compromised by the early onset of pregnancy and childbirth. Information from a group of women teachers provided in the course of Amnesty International's research indicates the possible impacts. The group stated that at least half of young women in their area die in childbirth, owing to lack of facilities and young age. The impact on adolescent girls of childbirth before full physical maturity has been noted by the CRC. Detrimental effects on the health of mother and child in the case of early marriage have also been shown by research, and highlighted in particular in the case of Afghanistan."


Information from AI INDEX: ASA 11/023/2003

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