OUT OF THE SHADOWS, ONTO THE BENCH: Women in AfghAnistAn’s Justice sector EXECUTIVE SUMMARY FoRWORD The International Development Law Organization (IDLO) is an intergovernmental organisation devoted to empowering people and enabling governments to reform laws and strengthen institutions to promote peace, justice, sustainable development and economic opportunity. Front cover image: World Bank_Graham Crouch 02 FoREWORD t the september 2012 United in Afghan women – in ensuring respect Nations General Assembly, for their rights, in their educational and IDLO pledged to undertake a professional opportunities, and of Aglobal survey of the role of course, in their role in the judiciary women in justice institutions. We did so and the legal community. because we believe that the quality of justice women receive cannot improve This report does not provide an off- until and unless there are more of them the-peg solution to what is an working as judges, lawyers, prosecutors enormously complex problem. Our and investigators. recommendations are based on what we have heard from Afghan women irene KhAn Given the magnitude of the challenge, themselves. The issue is not just more Director-General, IDLO and our long-standing commitment to international aid – although additional the country, there could be few better funds are undoubtedly needed to places to start than Afghanistan, where improve and expand girls’ education. IDLO first launched its rule of law Some measures do not require much program in 2002. money: reforming curricula, particularly at Shari’a faculties; providing safe This report is not a crude female transport for women students; headcount, although it contains a wealth instituting affirmative action in law of data on the low visibility of women school admissions or scholarships – in Afghanistan’s justice sector. Nor is all of these steps would be relatively it an indictment: it acknowledges and quick, inexpensive and highly effective. welcomes progress where progress has been made. We appreciate that judicial Finally, in a traditional society like reform is tough in post-conflict settings, Afghanistan, it will take time to and it has been particularly so in demolish gender stereotypes. And as Afghanistan, with its decades of our report makes clear, for things to conflict and turmoil. change – dramatically, irreversibly – political will is essential. As What our report does is give an overview Afghanistan prepares for a new phase ›THIS REPORT IS NOT of the legal underrepresentation of in its political life, investing in the talent Afghanistan’s women; detail the and potential of its female citizens A CRUDE FEMALE obstacles – social, academic, cultural will be crucial. – that they confront; enjoin the Afghan HEADCOUNT, ALTHOUGH authorities to press on with their This report is dedicated to all the Afghan commitment to enhance women’s women who are courageously working representation in the judiciary and legal for justice in their country. IT CONTAINS A WEALTH profession; and reaffirm that justice for OF DATA ON THE LOW women also means justice by women. This report is a reminder that the rule VISIBILITY OF WOMEN IN of law cannot prevail when one half of society is excluded. Afghanistan’s AFGHANISTan’s jusTICE struggle against gender violence, discrimination and marginalization will ‹ not be won without greater investment SECTOR 03 FOREWORD Significant progress has been made own security, it is crucial that women in strengthening judicial institutions, play their full part in the transition while improving access to justice and process. But despite widespread justice delivery. Although much remains agreement in principle, there remain to be done, women, as one of the most significant obstacles to ensuring that vulnerable groups in Afghan society, women’s voices are heard. have greatly benefited from this progress. IDLO’s report on Women’s Professional Participation in Afghanistan’s Justice The establishment of an Independent Sector: Challenges and Opportunities National Legal Training Center, is therefore extremely timely: it makes giAmPAoLo cAntini the enactment of legislation on the clear that the participation of women in Director General, Elimination of Violence against Women Afghanistan’s justice sector is essential Italian Development (EVAW) and the establishment of EVAW both for the country’s sustainable Cooperation, Ministry units in the Attorney General’s Office are development and for improving access of Foreign Affairs, important markers of success. to justice in general. We are pleased Government of Italy to note that the Afghan Government In 2012, confirming Italy’s long-term acknowledges the contribution of support for the Afghan people, our two women in the field of justice, and A MESSAGE FROM THE Governments signed a comprehensive is committed to increasing their long-term bilateral partnership professional participation as part of ITALIAN GOVERNMENT agreement in the areas of political, its national development strategies. economic, security, development and he last decade has seen the cultural cooperation, and in the fight There is clearly still a long way to go. Government of Italy contribute against drugs. In June-December of The focus group discussions with female significantly to justice sector 2013, under the Italian co-Presidency Shari’a and law students poignantly treform in Afghanistan. Our of the Board of Donors of the Justice illustrate the challenges faced by country’s engagement came as part sector, National Priority Program 5 (Law women as they try to access and excel in of international efforts to implement and Justice for All) was adopted. Co- the legal profession. Not only do women United Nations Security Council ordination was meanwhile stepped up face discrimination in the classroom, Resolution 1378 of 2001, which led to between donor countries, international they are also disadvantaged in their the establishment of a new Afghan organizations and other actors, and career progression, and are often Government. Italy has also consistently strong relationships established with forced to drop out of law school or pursued improvements in the condition Afghanistan’s Ministry of Justice, legal employment because of social of Afghan women and the protection Supreme Court and Office of the pressure or family obligations. of their rights. Attorney General. For these reasons, the Italian Great attention has been paid – and As stated by Resolution 64/116 adopted Development Cooperation is proud to significant resources invested – by the by the General Assembly of the United support the publication of this report. Italian Development Cooperation to Nations in 2009, the advancement We strongly believe that if acted upon, address the development needs of both of the rule of law is essential for its recommendations will help open up people and institutions in Afghanistan. sustained economic growth, sustainable the Afghan justice system to women Whether through bilateral projects or development, the eradication of poverty wishing to put their talent in the support to multi-donor programs, Italy and hunger, and the protection of service of their country. has sought to build institutional as well all human rights and fundamental as professional capacity in freedoms. In Afghanistan, as the country Afghanistan’s justice sector. prepares to take responsibility for its 04 IDLO Image: World Bank_Graham Crouch 05 WomEN IN AFGHANISTan’S JUSTICE SECTOR EXECUTIVE SUMMARY omen’s Professional impediments, including lack of safe Participation in transportation to universities, or Afghanistan’s Justice appropriate accommodation for women WSector: Challenges and to attend compulsory legal training in Opportunities is the first national study Kabul. Women often do not have equal following IDLO’s gender pledge. Based access to legal education curricula and on a unique participatory methodology professional development opportunities and featuring an entirely Afghan-led compared to their male counterparts, data collection process, the report resulting in a gap between the number has been welcomed by justice actors of women graduating from Law and as the first of its kind in Afghanistan’s Shari’a faculties and the number of history and an important contribution to women actually employed in the justice ongoing discussions concerning gender sector. equality, women’s rights and women’s empowerment. It also comes at an Some of these obstacles to women’s important time: having emerged in 2001 participation in the legal profession from five years of devastating Taliban are complex and not easy to address, rule, Afghanistan is now working hard such as the ongoing travel risks for to rebuild institutions and make them women legal professionals, particularly sustainable and responsive to the needs in areas controlled by insurgents. Yet of its men and women. in many cases, some of the barriers identified by female respondents could At the quantitative level, the capacity be readily removed, for instance through and service delivery of the justice the implementation of affirmative sector in Afghanistan have progressed action programs or the provision of since the fall of the Taliban in 2001. women-friendly transport and housing Justice institutions nonetheless for Law and Shari’a faculties. Above Image: Bill and Melinda Gates Foundation_Kate Holt still struggle to recruit and retain all, strategies must address the qualified professionals, in particular unique political, cultural and economic women legal professionals. As of dimensions