Reality Check: No justice for women in Ghor province Author : Salima Ahmadi Published: 4 December 2016 Downloaded: 6 September 2018 Download URL: https://www.afghanistan-analysts.org/reality-check-no-justice-for-women-in-ghor-province/?format=pdf Ghor province, in western Afghanistan, has been in the headlines in the past few years. Not only was the appointment of its first female provincial governor overturned, there has also been a series of extreme cases of violence against its women. In this unsettling provincial case study, AAN’s Salima Ahmadi takes a closer look at how conservative attitudes and customary practices, combined with insecurity and a failing justice system, result in an environment of near-constant violence against Afghan girls and women, where perpetrators literally get away with murder. (Written in cooperation with Ehsan Qaane and Sari Kouvo). Women’s leadership: too soon for Ghor? On 28 June 2015, Sima Joyenda (1) was appointed governor of Ghor province. Joyenda was one of two female governors introduced by the National Unity Government (the other one being Masuma Muradi, governor of Daikundi). On 4 July 2015, a week after Joyenda’s appointment, the Ulema Council in Ghor sent an official letter demanding her resignation. The letter was written and signed by Ghor’s former Ulema Council Head, Mawlawi Esmatullah Nadim, and stated: “Considering Sharia provisions, the current chaotic situation in Ghor and the will and opinion of the people, the governor of Ghor should step down from her position and respect the will of Ulema. The Ulema will not be obedient to a female governor.” (The letter can be found here). The council’s spokesman, Mawlawi Haidari, on his social media account, called women 1 / 8 “incomplete” (see here and here). Tolo News quoted another of the Ulema Council members, Mawlawi Muhammad, saying: “We expect the government to introduce a male governor, noting that a woman cannot be a prayer leader for men,” from which he concluded that neither could women govern a province. Senator Muhammad Dawud Ghafari from Ghor province also opposed her appointment and said that: “A woman cannot manage one million people. There is conflict in Ghor; no one listens to a man, much less to a woman.” In response to these positions, there was also pushback by activists and certain clerics who described the opposition to the female governor’s appointment as being “against Islam and against the will of the people.” The aggressive protests and pressure from religious figures, local officials and armed groups continued, and, on 17 December 2015, Joyenda was replaced by Ghulam Nasir Khaze, a man with close connections to Chief Executive Abdullah Abdullah (see here). Joyenda told AAN that she had been removed because she was a woman and “the conservative people in Ghor do not want a woman in a leadership role” (although she later hinted that the opposition may have also been due to her stance vis-à-vis land grabbing). After her removal, she was reappointed as deputy governor of the country’s capital, Kabul, but she refused the post. Increased reporting of violence against women in Ghor Joyenda’s appointment and her subsequent removal did result in increased attention on the plight of women in Ghor province. According to Latifa Sultani, gender coordinator at the Afghan Independent Human Rights Commission (AIHRC), this increased attention resulted in more reported cases of the violence faced by women in the province. Masuma Anwari, who heads Ghor’s Department of Women’s Affairs (DoWA), said that in 1394 (2015) her department registered 90 cases of violence against women, 30 cases more than during the previous year (see here). The rise in reported cases seems to have continued into this year: in the first five months of 1395 (corresponding roughly to April-August 2016), 50 cases had already been reported to the DoWA, 17 of which were of suicide, rape or self-immolation (see here). More cases may have also been reported to the departments of the interior ministry, the judiciary and the local office of the AIHRC (although the extent to which the reports to the different institutions overlap is unclear). An increase in reported cases does not necessarily signify an increase in cases of violence, as there has been – and continues to be – considerable under-reporting of violence against women. But it does suggest an increased awareness that violence against women is a crime that needs to be addressed by the state authorities. This trend is likely to continue now that a female attorney general, specifically responsible for violence against women, has been appointed to Ghor province. Nagina Ghori is the first senior female attorney general in Ghor’s history. Women’s rights activists welcomed her appointment in July 2016. As noted by Farida Nasiri, a women’s rights officer at the provincial office of the AIHRC: “A female attorney increases our hopes that cases of violence against women will be properly addressed in the future” (see here). Like former governor Joyenda, Ghori will face many challenges, including 2 / 8 widespread reluctance to see her bring to light extreme cases of violence against women. Several recent high-profile cases illustrate how a conservative culture, insecurity and the failure of the formal justice system often force girls and women to live with extreme violence and allow their perpetrators to literally get away with murder. Recent cases of violence against women: The stoning of Rukhshana (25 October 2015) On 25 October 2015, 19 year-old Rukhshana was stoned to death for alleged adultery (see here ) in Ghalmin, a village not far from Feroz Koh, the provincial capital of Ghor (previously named Chaghcharan - see here). Tolo News reported that Rukhshana’s father had married her off to a disabled man at the age of 13. She had not accepted the marriage, however, and had run off with her childhood love to Saghar district. There she was arrested by security forces and handed over to her parents. Her father then married her off to another man but she ran away again, this time to Murghab district. A local commander, Mullah Yusuf, who had apparently asked Rukhshana’s hand for his brother several times, allegedly captured her and handed her over to a group that was identified by the media as Taleban (see here). (2) According to Tolo News, the men told her father: “If you give us five million afghani, we will give back your daughter. Otherwise we will kill her.” When her father refused to pay the amount, one of the members, Mullah Hashem, ordered the stoning. The two-minute video of her death went viral on social media, showing a teenage girl placed in a hole in the ground and surrounded by a group of men who hurled stones at her until she died (a link to the video can be found here and here). After Farkhunda’s murder in March 2015 in Kabul (see AAN’s reporting here, here and here), this was another brutal murder of a woman, to which the public reacted with outrage. During the parliament’s plenary session on 4 November 2015, female MPs strongly condemned the stoning of Rukhshana. They said that, given the presence of the Afghan judiciary, no one should be tried in an arbitrary court (mahkama-ye sahrayi, lit: desert court). Fawzia Kufi, the head of the Wolesi Jirga’s Women’s Affairs Commission, criticised conservative male MPs who had opposed the passing of the Elimination of Violence against Women (EVAW) law in 2013. Kufi said, “If parliament had approved the EVAW law, the culprits would have feared punishment and Rukhshana would not have been stoned to death.” She argued that MPs who had called the EVAW law anti-Islamic should be held responsible for the increase in cases of violence against women. Another female MP, Gulalai Nur Safi from Balkh province, noted: The stoning of a young woman in Ghor province in such a barbaric way is an inhumane act and is against Sharia law. Forced marriages compel our women to escape from their houses. When the EVAW law was on the parliament’s agenda, most of our male MPs were against it and said that this law was against Islam. I do not think that killing a woman in such a barbaric way is according to Sharia. I wonder how Sharia and conservative MPs would interpret this act of barbarism. 3 / 8 In response to the demands of the predominantly female MPs and women’s rights activists, the government sent a delegation to Ghor to investigate the case. The delegation, however, was led by Mawlawi Balegh, a prominent member of the National Ulema Council and adviser to President Ghani on religious affairs, who, according to a New York Times article, had justified Rukhshana’s stoning in a Friday sermon. He said: “If you are married and you commit adultery, you have to be stoned … the only question is whether this was done according to Sharia Law, with witnesses and confessions as required.” The other members of the delegation were representatives from the Attorney General’s Office, the National Directorate of Security, AIHRC and the interior ministry. The delegation and local authorities assured the victim’s family that justice would be done and the perpetrators would be arrested. The committee did not release a formal report, and, despite the fact that the police reportedly identified 28 suspects related to her murder, none of them has been arrested at the time of writing. Joyenda, the former governor of Ghor, told AAN that the government had been unable to arrest the men who killed Rukhshana, as it has no control over the area where the stoning took place.