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Afghanistan Individuals Targeted Under Societal and Legal Norms

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Afghanistan Individuals Targeted Under Societal and Legal Norms European Asylum Support Office EASO Country of Origin Information Report Afghanistan Individuals targeted under societal and legal norms December 2017 SUPPORT IS OUR MISSION European Asylum Support Office EASO Country of Origin Information Report Afghanistan Individuals targeted under societal and legal norms December 2017 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) Certain mobile telephone operators do not allow access to 00800 numbers or these calls may be billed. More information on the European Union is available on the Internet (http://europa.eu). ISBN 978-92-9494-818-2 doi: 10.2847/744610 © European Asylum Support Office 2017 Reproduction is authorised, provided the source is acknowledged, unless otherwise stated. For third-party materials reproduced in this publication, reference is made to the copyrights statements of the respective third parties. Cover photo: © Mural of Farkhunda Malikzada by ArtLords on the second anniversary of her murder, 2017; photograph by Ali M. Latifi, 2017. Neither EASO nor any person acting on its behalf may be held responsible for the use which may be made of the information contained herein. EASO COI Report AFGHANISTAN: Individuals targeted under societal and legal norms — 3 Acknowledgements The following departments reviewed this report: Swedish Migration Agency, Lifos – Centre for Country of Origin Information and Analysis United Nations High Commissioner for Refugees (UNHCR) Furthermore, the content of this report was reviewed by: Neamat Nojumi, a scholar at George Mason University’s School for Conflict Analysis and Resolution with more than 20 years of experience in democratisation, conflict analysis and state-building in Central and Southwest Asia. He has authored numerous books and studies on Afghanistan’s conflict and governance issues, including The Rise of the Taliban in Afghanistan : Mass Mobilization, Civil War, and the Future of the Region (2002). United Nations Assistance Mission in Afghanistan (UNAMA) It must be noted that the review carried out by the mentioned departments, experts or organisations contributes to the overall quality of the report, but does not necessarily imply their formal endorsement of the final report, which is the full responsibility of EASO. 4 — EASO Country of Origin Report: Afghanistan – Individuals targeted under societal and legal norms EASO COI Report AFGHANISTAN: Individuals targeted under societal and legal norms — 5 Contents Acknowledgements ................................................................................................................... 3 Contents .................................................................................................................................... 5 Disclaimer .................................................................................................................................. 7 Glossary and Abbreviations ....................................................................................................... 8 Introduction ............................................................................................................................. 13 Map of Afghanistan ................................................................................................................. 15 1. Overview of socio-legal frameworks for punishment of crime ........................................... 16 1.1 Legal pluralism .............................................................................................................. 16 1.2 Hudud crimes ................................................................................................................ 17 1.3 Qisas crimes .................................................................................................................. 18 1.4 Ta’azir crimes and 1976 Penal Code ............................................................................ 18 1.4.1 Practices of corporal and capital punishment by the government ....................... 20 1.4.2 New Penal Code ..................................................................................................... 21 1.5 Customary law............................................................................................................... 21 1.6 Extrajudicial punishments by insurgents ...................................................................... 22 2. Treatment of people perceived to transgress Islam ........................................................... 23 2.1 Legal position on apostasy, conversion and blasphemy ............................................... 23 2.2 Prosecutions by the state for apostasy and blasphemy ............................................... 24 2.3 Societal treatment and attitudes towards Christian converts ...................................... 25 2.4 Societal treatment and attitudes towards blasphemy, atheists or secularists ............. 27 2.5 Situation of the Bahai .................................................................................................... 28 2.6 Situation of Hindus and Sikhs ........................................................................................ 29 2.7 Taliban views and treatment of perceived ‘apostates’ ................................................. 29 2.8 IS in Khorasan Province (ISKP) views and treatment of ‘apostates’ ............................. 30 2.9 Avoiding targeting and seeking assistance ................................................................... 31 2.10 Moral crimes in Islam .................................................................................................. 32 3. Gender-based targeting by society ..................................................................................... 33 3.1 Position of women in society ........................................................................................ 33 3.2 Dress codes and behavioural norms ............................................................................. 34 3.3 Women in public roles .................................................................................................. 36 3.3.1 Women in politics .................................................................................................. 37 3.3.2 Women in law enforcement and security forces .................................................. 37 3.3.3 Women in journalism ............................................................................................ 38 3.4 Harmful traditional practices ........................................................................................ 39 3.5 Domestic violence, physical and sexual assault, and rape ............................................ 42 3.6 Moral offences and adultery ......................................................................................... 43 3.6.1 Legal and customary frameworks for the crime of zina ........................................ 44 3.6.2 Medical testing for moral crimes ........................................................................... 45 3.6.3 Arrests .................................................................................................................... 46 3.6.4 Punishments by government courts ...................................................................... 46 3.6.5 Punishments for moral crimes in rural areas and outside government control ... 48 3.6.6 Targeting of couples and men for zina .................................................................. 50 3.7 Honour violence ............................................................................................................ 51 3.8 Escaping violence, seeking protection and accessing justice ....................................... 53 3.8.1 Law on the Elimination of Violence Against Women (EVAW) ............................... 53 3.8.2 Mediation .............................................................................................................. 55 3.8.3 Divorce ................................................................................................................... 57 3.8.4 Running away and escaping................................................................................... 58 3.8.5 Shelters and support organisations ....................................................................... 59 6 — EASO Country of Origin Report: Afghanistan – Individuals targeted under societal and legal norms 3.8.6 Ability to live alone as a single woman .................................................................. 61 4. Sexual orientation or gender identity ................................................................................. 62 4.1 Legal position and treatment by authorities and armed groups .................................. 62 4.2 Attitudes and treatment by society .............................................................................. 64 4.2.1 Gender identities ................................................................................................... 66 4.2.2 Support organisations ............................................................................................ 66 5. Child abuse and sexual exploitation .................................................................................... 67 5.1 Bacha bazi ..................................................................................................................... 67 5.1.1 Government efforts and criminalisation ..............................................................
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