UNCEDAW Afghanistan Shadow Report July 2013
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UNCEDAW Afghanistan Shadow Report July 2013 Afghanistan Breaches its Duty to Protect Female School Children from Gender-Motivated Violence and its Duty to Provide Equal Opportunities for Girls to Receive Education by Failing to Address the Forced Marriage of Young Girls and Failing to Provide Adequate Numbers of Female School Teachers, and Thus Violates Articles 10 and 16 of the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) Non-Governmental Organization (NGO) Shadow Report to the United Nations Human Rights Committee Addressing List of Issues – Issue 9 – Stereotypes and Harmful Practices Issues 14, 15 – Education Issue 19 – Rural Women Issue 22 – Marriage and Family Relations Submitted by AWAKEN Afghan Women and Kids Education and Necessities, Inc. AWAKEN is a not-for-profit organization formed to enable Afghan individuals and families to become literate and self-sufficient. International Human Rights Law Society A Student Organization of Indiana University Robert H. McKinney School of Law Submitted to the UNITED NATIONS HUMAN RIGHTS COMMITTEE CEDAW Secretariat Office of the High Commissioner for Human Rights (OHCHR) Palais Wilson 52, rue des Paquis CH-1201 Geneva, Switzerland July 8, 2013 Authors and Endorsers of this Shadow Report Submitted to the United Nations Human Rights Committee on Afghanistan’s Non- Compliance with the Convention to Eliminate All Forms of Discrimination Against Women. Afghan Women and Kids Education and Necessities, Inc. (AWAKEN) is a not-for-profit that endeavors to help individuals, especially women and girls, become literate and self-sufficient by assisting its Jalalabad office with the planning and development of programs that will provide educational opportunities, vocational training, health care services, and emergency assistance to Afghan families, particularly women and children. The International Human Rights Law Society (IHRLS) is a student organization at Indiana University Robert H. McKinney School of Law located in Indianapolis, Indiana. The IHRLS provides research services for domestic and overseas human rights organizations, hosts speakers focusing on human rights issues, and supports students who travel overseas to participate in a variety of human rights activities. More generally, the IHRLS facilitates student access to the world of international human rights law, spreads awareness, and increases communication amongst likeminded individuals. Acknowledgments Principal Authors, Editors and Researchers Tim Weber, President, International Human Rights Law Society; Primary Author, Primary Researcher, and Student Team Leader; J.D. Recipient, Indiana University Robert H. McKinney School of Law. Fran Quigley, Faculty Advisor and Chief Editor, Professor, Indiana University Robert H. McKinney School of Law. Natalie Carpenter, Primary Author, Primary Researcher; J.D. Candidate, Indiana University Robert H. McKinney School of Law. Ryan Naylor, Vice-President, International Human Rights Law Society; Primary Author, Primary Researcher; J.D. Candidate, Indiana University Robert H. McKinney School of Law. Other J.D. Candidates of Indiana University Robert H. McKinney School of Law Andrew Barchet Endorsements AWAKEN Recommendations 1. Bring education to the countryside. There needs to be cooperation between NGOs, local governments, and the Ministry of Education to provide greater access to education to the rural areas of Afghanistan. Because security is still a problem in Afghanistan, families are unwilling to send their children far outside their villages to receive education. Even families fortunate enough to have automobile transportation still fear sending their children, particularly their daughters, away from the village to go to school. When educational and higher educational opportunity is concentrated in larger cities, the graduating professionals are generally unwilling to take their degrees and move to rural villages to teach. Afghanistan already has a shortage of female teachers, and getting the few graduates to teach in the countryside is challenging. By developing greater educational systems in rural areas, the Government of Afghanistan can begin to see a positive cycle whereby education breeds greater education. 2. Cultural education and ambassador programs. The Afghanistan Government should sponsor and encourage cultural education programs and ambassadorial exchange programs so that leaders and decision-makers can experience how other systems of education can be effective. The exchange programs should focus on the roles gender plays in the host country‟s culture in order to promote discourse regarding and bring about a change in the traditional belief structure in Afghanistan that women should not be educated. I. The government of Afghanistan has failed to meet its obligations under Article 101 of the CEDAW because: it has failed to protect female Afghani school children from gender motivated violence; early forced marriage makes it impossible for many Afghani women to pursue education; and the lack of female teachers makes meeting the needs of Afghani women impossible due to the historic, cultural rules regarding intermingling of the genders. 1. Education and literacy statistics 1.1. Around 5,000 Afghan girls were enrolled in school in 2001. In 2011, there were 2.4 million, a 480-fold increase.2 1.2. As of 2010, Afghanistan was the only country with an educational gender parity index (GPI) below 0.70 according to UNESCO‟s Education For All (EFA) Global Monitoring. 160 countries agreed to set the goal that all children will have primary education by 2015. The report said Afghanistan will miss that goal “by a large margin.”3 1.3. In 2009 approximately 22% – around 446,682 – of female students were considered long- term absentees.4 1.4. The percentage of girls in universities is increasing year by year. In 2006, girls formed 20% which reached to 22% in 2007 and 24.8% in 2009.5 1.5. Since 2002, the Afghan government and donors have built more than 4,000 schools, recruited and trained more than 175,000 new teachers, and increased enrollment rates for school-aged children to nearly 50 percent.6 1.6. According to the National Risks and Vulnerability Assessment (NRVA) 2007 (1386/1387), around 26% of the population were literate which included only 12% of women. The illiteracy rate in urban, rural and between nomads are accordingly 52%, 79% and 94%.7 1 CEDAW Article 10. 2 Annie Kelly, Afghan girls’ education backsliding as donors shift focus to withdrawal, the guardian, February 24, 2011, http://www.guardian.co.uk/global-development/2011/feb/24/afghanistan-girls-education- report. [Hereinafter Kelly, Afghan girls’ education backsliding]. 3 UNESCO Report, Afghanistan ‘clears big obstacles’ in girls’ education, BBC, October 16, 2012, http://www.bbc.co.uk/news/world-19966043. 4 Kelly, Afghan girls’ education backsliding. 5 UN Committee on the Elimination of the Discrimination Against Women, Combined Initial and Second Periodic Reports of State Parties: Afghanistan, CEDAW/C/AFG/1-2 (21 December 2011) at 58. [Hereinafter UNCEDAW Report]. 6 USAID, Education: Increasing access to quality education and suitable learning environments, USAID, February 2013, http://afghanistan.usaid.gov/en/programs/education#Tab=Description. 7 UNCEDAW Report at 6. 1.7. Only 26% of all Afghans, and only 12% of Afghan women, are literate.8 1.8. The majority of girls don‟t stay on after fifth grade and nine out of ten 15 year old girls are illiterate.9 1.9. Articles 43 to 47 state that education is the right of all citizens and education up to bachelor level is free of charge. In addition, secondary school education is considered mandatory and the government must establish balance in and improve education for, women and nomads and eliminate illiteracy. The government also supports the cultural activities. 1.10. Article 3 of Education Law also states that “citizens of Afghanistan have the right to education without any discrimination.”10 1.11. The total number of students in grades 1-12 is 7,381,331 and 2,749,553 of them are girls.11 1.12. Despite significant improvements in the field of employment, the level of women employment in governmental offices is only 21%. This is due to many factors; the main factor is the low level of literacy among women.12 1.13. In each school, there is a council in which the parents of students, local elders and managers of school are members. The goal of this council is to encourage enrolment of children, particularly girls and monitoring the provision of the education.13 1.14. “Most of our students are the first generation of girls to get educated.”14 1.15. Ten years ago, fewer than a million Afghan children attended school, according to UNICEF. Today, more than 8.2 million children are going to school.15 1.16. Afghanistan has one of the highest proportions of school age children in the world. About one-fifth of Afghans are between the ages of 7 and 12.16 8 Id. at 49. 9 Tracy McVeigh, We don’t want our burqas back: women in Afghanistan on the Taliban’s return, the guardian, January 12, 2013, http://www.guardian.co.uk/world/2013/jan/13/burqa-women-afghanistan-taliban- return. [Hereinafter McVeigh, We don’t want our burqas back]. 10 UNCEDAW Report at 25. 11 Id. at 51. 12 Id. at 60. 13 Id. at 50. 14 Allie Torgan, Acid attacks, poison: What Afghan girls risk by going to school, CNN.com, August 2, 2012, http://www.cnn.com/2012/08/02/world/meast/cnnheroes-jan-afghan-school. [Hereinafter Torgan, Acid attacks]. 15 McVeigh, We don’t want our burqas back. 16 Allie Torgan, Despite deadly risks, Afghan girls take brave first step, CNN.com, September 26, 2012, http://www.cnn.com/2012/09/26/world/asia/cnnheroes-afghan-schoolgirls. [Hereinafter Torgan, Despite deadly risks]. 1.17. “We still have 1.2 million girls of school age who do not have access to schools,” said Catherine Mbengue, UNICEF Country Representative in Afghanistan.17 2. Afghanistan’s government has violated Article 1018 of the CEDAW, which mandates the creation of equal opportunities for children to attend school, by failing to create a safe environment for girls to attend school.