All but forgotten in the so-called War on Terror are the women of Afghanistan. According to Al Jazeera, a report by the UN Office on Drugs and Crime (UNODC) found that half of the women in jail in Afghanistan are, “imprisoned for what are loosely described as “moral crimes”, these women would qualify as victims rather than criminals under any interpretation of international human rights laws, including those to which Afghanistan is a signatory.” As the article explains,
“An estimated 80 per cent of all legal cases are dealt with by the traditional justice system, based on customary laws that vary from region to region and tribe to tribe.Documentation of the customary laws by the International Legal Foundation showed that the laws are at their most discriminatory towards women.
Not only are women penalised disproportionately for crimes, but they are punished on evidentiary standards that discriminate against them. Moreover, some of the customary laws also allow for them to be used as barter for settling other disputes, debts and feuds.
“In the restorative practice of the justice in Afghanistan, women who are regarded as the property of men, are often used as valuable commodities in the settlement of crimes and disputes” UNODC said.
“Rape may be treated as adultery and punished accordingly if a settlement cannot be reached between the two families concerned.”
Even Afghanistan’s formal justice system does not clearly define rape as a separate crime, including it under the offence of “zina” or adultery, pederasty and violation of honour.
In practice, a woman often has to prove her lack of consent in a rape case in order to avoid being punished for it.
Although there is no distinct penalty for rape, there is a distinction – the so-called honour crimes. Those who commit them are exempt from the charge of murder, the conviction is discretionary and imprisonment is for a maximum of two years.”
Didn’t we say we were going to liberate these women? Heck of a job, GWB.
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