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Women's Professional Participation in Afghanistan's Justice Sector

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Women's Professional Participation in Afghanistan's Justice Sector Women’s ProfesSIONAL PARTICIPATION IN AFGHANISTan’s Justice SECTOR: Challenges and OppOrtunities FORWORD IDLO Gender Pledge Series At the High Level Meeting of the 67th Session of the United Nations General Assembly (UNGA) on the Rule of Law at the National and International Levels in September 2012, IDLO made the following pledge: “We pledge to undertake a global survey of the role of women in justice sector institutions and to analyze the legal barriers to women’s access to justice, with a timetable geared to the elaboration of the post-2015 Development Agenda. We will work to ensure that women’s increased participation in the justice system and legal reforms to enhance women’s rights are accorded due priority in that Agenda.” By drawing attention to the number of women legal professionals in the justice sector, as well as the barriers that women legal professionals face in entering and participating in the sector, IDLO hopes to encourage national governments and the international community to direct more resources and energies towards addressing the unique needs and challenges faced by current and prospective women legal professionals. IDLO believes that improving women’s ability to work in justice institutions is essential – not only to ensure that women enjoy democratic freedoms and equality of opportunity in the workplace, but also to ensure that the specific interests of women are represented and advanced in justice institutions. IDLO’s pledge is all the more important as the post-2015 development agenda takes shape. At this critical juncture, the international community has the opportunity to demonstrate its commitment to gender equality, including through the drafting of targets and indicators that amplify women’s voices, leadership and participation in justice institutions. Front cover image: World Bank_Graham Crouch 02 FOREWORD t the September 2012 half of society is excluded. United Nations General Afghanistan’s struggle against Assembly, IDLO pledged to gender violence, discrimination Aundertake a global survey and marginalization will not be of the role of women in justice won without greater investment in institutions. We did so because we Afghan women – in ensuring respect believe that the quality of justice for their rights, in their educational women receive cannot improve until and professional opportunities, and unless there are more of them and of course, in their role in working as judges, lawyers, the judiciary and the legal IRENE KHAN prosecutors and investigators. community. Director-General, IDLO Given the magnitude of the This report does not provide an challenge, and our long-standing off-the-peg solution to what is an commitment to the country, there enormously complex problem. Our could be few better places to start recommendations are based on than Afghanistan, where IDLO first what we have heard from Afghan launched its rule of law program women themselves. The issue is in 2002. not just more international aid – This report is not a crude female although additional funds are headcount, although it contains a undoubtedly needed to improve wealth of data on the low visibility and expand girls’ education. Some of women in Afghanistan’s justice measures do not require much sector. Nor is it an indictment: it money: reforming curricula, acknowledges and welcomes particularly at Shari’a faculties; progress where progress has been providing safe transport for women made. We appreciate that judicial students; instituting affirmative reform is tough in post-conflict action in law school admissions settings, and it has been particularly or scholarships – all of these so in Afghanistan, with its steps would be relatively quick, › THIS REPORT IS decades of conflict and turmoil. inexpensive and highly effective. What our report does is give Finally, in a traditional society NOT A CRUDE FEMALE an overview of the legal like Afghanistan, it will take time underrepresentation of to demolish gender stereotypes. HEADCOUNT, ALTHOUGH Afghanistan’s women; detail the And as our report makes clear, for obstacles – social, academic, things to change – dramatically, IT CONTAINS A WEALTH cultural – that they confront; enjoin irreversibly – political will is the Afghan authorities to press on essential. As Afghanistan prepares OF DATA ON THE LOW with their commitment to enhance for a new phase in its political life, women’s representation in the investing in the talent and potential VISIBILITY OF WOMEN judiciary and legal profession; and of its female citizens will be crucial. reaffirm that justice for women This report is dedicated to all IN AFGHANISTan’s also means justice by women. the Afghan women who are This report is a reminder that the courageously working for justice JUSTICE SECTOR ‹ rule of law cannot prevail when one in their country. 03 FOREWORD done, women, as one of the most it is crucial that women play their vulnerable groups in Afghan society, full part in the transition process. have greatly benefited from this But despite widespread agreement gIAmpAolo CANtINI progress. in principle, there remain significant Director General, The establishment of an obstacles to ensuring that Italian Development Independent National Legal Training women’s voices are heard. Cooperation, Center, the enactment of legislation IDLO’s report on Women’s Ministry of Foreign Affairs, on the Elimination of Violence Professional Participation in Government of Italy against Women (EVAW) and the Afghanistan’s Justice Sector: establishment of Violence against Challenges and Opportunities Women (VAW) units in the Attorney is therefore extremely timely: it A messagE fRom General’s Office are important makes clear that the participation tHE ItAlIAN markers of success. of women in Afghanistan’s justice govERNmENt In 2012, confirming Italy’s sector is essential both for the long-term support for the Afghan country’s sustainable development people, our two Governments and for improving access to justice he last decade has seen signed a comprehensive long-term in general. We are pleased to the Government of Italy bilateral partnership agreement note that the Afghan Government contribute significantly in the areas of political, economic, acknowledges the contribution of tto justice sector reform security, development and cultural women in the field of justice, and in Afghanistan. Our country’s cooperation, and in the fight against is committed to increasing their engagement came as part of drugs. In June-December of 2013, professional participation as part international efforts to implement under the Italian co-Presidency of its national development United Nations Security Council of the Board of Donors of the strategies. Resolution 1378 of 2001, which Justice sector, National Priority There is clearly still a long way led to the establishment of a new Program 5 (Law and Justice for All) to go. The focus group discussions Afghan Government. Italy has also was adopted. Co-ordination was with female Shari’a and law consistently pursued improvements meanwhile stepped up between students poignantly illustrate the in the condition of Afghan women donor countries, international challenges faced by women as they and the protection of their rights. organizations and other actors, and try to access and excel in the legal Great attention has been paid – strong relationships established profession. Not only do women face and significant resources invested with Afghanistan’s Ministry of discrimination in the classroom, – by the Italian Development Justice, Supreme Court and Office they are also disadvantaged in their Cooperation to address the of the Attorney General. career progression, and are often development needs of both people As stated by Resolution 64/116 forced to drop out of law school or and institutions in Afghanistan. adopted by the General Assembly legal employment because of social Whether through bilateral projects of the United Nations in 2009, the pressure or family obligations. or support to multi-donor programs, advancement of the rule of law is For these reasons, the Italian Italy has sought to build institutional essential for sustained economic Development Cooperation is proud as well as professional capacity in growth, sustainable development, to support the publication of this Afghanistan’s justice sector. the eradication of poverty and report. We strongly believe that if Significant progress has been hunger, and the protection of all acted upon, its recommendations made in strengthening judicial human rights and fundamental will help open up the Afghan institutions, while improving access freedoms. In Afghanistan, as justice system to women wishing to justice and justice delivery. the country prepares to take to put their talent in the service Although much remains to be responsibility for its own security, of their country. 04 WOMEN PROFESSIONALS PARTICIPATION / 2014 CONTENT TABLE OF CONTENTS › EXECUTIVE SUMMARY 07 SECTION 3: › POLICY Recommendations 08 WHAT ARE THE KEY BARRIERS FACING WOMEN LEGAL SECTION 1: PROFESSIONALS? 34 THE CHALLENGE OF EMPOWERING WOMEN TO PARTICIPATE IN SECTION 4: AFGHANISTAN’S JUSTICE SECTOR ADDRESSING THE OBSTACLES: › Addressing women’s professional participation in What can BE DONE to SUPPORT Afghanistan’s justice sector: Why does it matter? 10 women’S participation IN THE JUSTICE sector? 48 SECTION 2: WOMEN IN THE legal profession: APPENDICES Progress, BUT worK STILL to DO › Appendix 1: Study Methodology 53 › Appendix 2: Glossary 54 › Women’s overall participation in the labor force 17 › Gender
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