Afghanistan Independent Human Rights Commission:
National inquiry into violence against women331
In 2012–13, the Afghanistan Independent Human Rights Commission (AIHRC)
conducted a national inquiry into violence against women, focusing in
particular on so-called “honour killings” and rape. The inquiry was launched on
4 August 2012 and reported in 2013.
Violence against women occurs frequently in all countries, arising from
unequal power relationships between women and men that result in women
being treated as property, subject to the control of men. In Afghanistan,
traditional customs and practices – for example, women’s seclusion, their
domination by fathers and husbands, judicial recognition and enforcement
of moral crimes, early and forced marriage and sexual assault – keep women
under men’s control and at risk of violence. These issues have come regularly
to the attention of the AIHRC through its complaints and case work and
investigations.
The AIHRC had five main goals in the implementation of the national inquiry on honour killings
and rape:
1. to address and investigate about the cases of honour killings and rape against women
2. to assess the situation of victims and those at risk
3. to collect and analyse the relevant data
4. to raise public awareness and sensitivity against these practices and hold the Government
accountable to implement a program of prevention and protection
5. to bring change in the laws and policies and present specific recommendations to improve
the situation through providing reports on the issue.
During the last months of 2012 and the first month of 2013, the AIHRC documented 127 cases
of violence against women, 43 cases of killings and 84 cases of rape. It collected other evidence
and heard the views of many of those involved with the issues, including victims and their
families, government officials, community leaders, NGOs and others.
The AIHRC has specialist women’s rights units and staff and seeks to protect and promote
women’s human rights through all its regional and provincial offices and nationally. It has
investigated violations of women’s rights since its establishment and reported regularly on the
situation of women in Afghanistan. In undertaking its work, it became convinced of the need
for a more systemic investigation of violence against women, with a view to drawing public
and political attention to women’s experience of these grave human rights violations and to
developing recommendations for governmental and community action to address and eliminate
the violence.
Work on the inquiry began in the second half of 2012 with internal planning and preparation.
A special inquiry team of a Commissioner and staff was appointed. Internal workshops were
conducted to explain the inquiry and its methodology to staff – eight workshops in six weeks
in which 250 staff participated. During this period, the AIHRC also consulted and held briefings
externally, with government ministries at the national and provincial levels, civil society, the media
and other stakeholders.
The AIHRC sought broad public involvement in the national inquiry. It particularly sought the
participation of women affected by violence. It adopted a number of complementary strategies to
enable this. Inquiry Commissioners and staff:
• interviewed victims and victims’ families, using standard form questionnaires
• conducted interviews in detention centres and prisons
• organised 61 focus group discussions
• held public hearings, with 470 speakers and over 1,000 participants, in 14 provinces and
three more at the national level in Kabul.
In different phases of the national inquiry, more than 2,000 people from different groups in the
society, including representatives of government and civil society organisations, justice and
judicial organs, media associations, NGOs, provincial councils, those in charges of safe shelters,
elders and influential figures in the society, participated in consultative sessions, joint focus
group meetings and public hearings to discuss cases of sexual assault, honor killings and their
causes in the society. Interviews were conducted with 136 accused persons, offenders, victims,
eyewitnesses and family members of victims.
Each public hearing involved the provincial governor or deputy governor; the head of the
provincial judiciary; the chief prosecutor; the provincial police commander; relevant ministries,
including Islamic affairs, education and social security; psychologists and health experts; and
civil society representatives. Victims and victims’ families were also provided with opportunities
to speak.
The AIHRC released its national inquiry report at a major public event on 8 March 2013,
International Women’s Day. The report contained its findings and recommendations, in eight
chapters. It provided extensive analysis of the data concerning these violations, addressing
issues related to the victims, the perpetrators, the circumstances, the nature of the crimes, the
police response and so on. It identified the causes and factors contributing to the crimes and the
many patterns and cultural and traditional norms that continue the violence and are claimed to
justify it, including legal-political, socio-cultural, economic and psychological factors.
The inquiry report made 23 significant recommendations to address the pattern of violations,
including recommendations relating to:
• remedies, including compensation, rehabilitation and support, for victims
• the criminal law and the criminal justice system
• the family law and system, including changing customary law and practice relating to forced
and early marriage and the rights of women
• building public awareness of honour killings and rapes
• more effective protection for women and children, including through education, health
programs and employment
• better knowledge and understanding of women’s rights and women’s situations among
judges, political and community leaders, civil servants and other public officials.
Importantly, the AIHRC based its recommendations on the requirements of international human
rights law, in accordance with its mandate.
The national inquiry has had significant impacts, quite apart from the recommendations it
made. Most importantly, it has broken down taboos. Afghanistan is a traditional society moving
toward modernity and becoming a society based on the rule of law. However, some aspects of
life remain “unspeakable” within the territory of family and tribal pride and are therefore taboo
topics. With the AIHRC undertaking a national inquiry into the very sensitive and controversial
issues of honour killing and rape, this taboo was broken. Now cases of honour killing and rape
are reported increasingly.
The national inquiry has raised awareness and changed mindsets. Throughout the national
inquiry process, during public hearings and in focus groups, through calls for submissions
and training provided to judges, prosecutors and other officials, public awareness of honour
killings and rapes has increased, along with the sensitivity of judges and officials. In every public
hearing, for example, judges and prosecutors referred to many cases, sometimes citing numbers
and said that they would look at the issues afresh, from a human rights perspective. In cases of
the killing of a female family member, they have increasingly used criminal charges of murder
instead of Criminal Code article 398, which provides a very mild penalty of up to two years of
imprisonment.
The national inquiry provided a new definition for the killing of women and girls and improved
the penal code. It set new criteria for the identification of honour killings and rapes and defined
these crimes clearly. Past definitions and understandings had confused and been misused by
judges, prosecutors and police and resulted in charges of killing a female member of a family
not being seriously pressed because of family pride. Rape was often portrayed as adultery. The
criminal process has changed greatly.