UN report: Afghanistan violence against women often goes unpunished News
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UN report: Afghanistan violence against women often goes unpunished

Women in Afghanistan are often pressured to pursue mediation for violent crimes, and officials are often reluctant to file criminal charges against the accused, even for so-called “honor killings” according to a UN report [text, PDF] released Tuesday.

After a two-year period of observation in Afghanistan from January 2016 to December 2017, the UN Assistance Mission in Afghanistan (UNAMA) [official website] found that women who attempt to report crimes, such as rape, mutilation, forced prostitution and other violent acts, are frequently pressured into mediation, with officials often refusing to pursue charges.

The referral to mediation implies the State’s abrogation of its primary responsibility as duty bearer under international law to ensure the effective prevention and protection of women from such crimes and to provide an effective response where they occur.

UNAMA also found that the police often failed to forward “honor killings” and murders of women to prosecutors. The police only forwarded one-third of the documented cases to prosecutors over the observation period.

Murder of women represents the second most prevalent form of violence against women in Afghanistan, according to state reports. UNAMA documented 280 cases of murder and “honor killings” of women during the observation. Eighteen percent of documented cases ended in a conviction of the perpetrator and prison sentences. UNAMA reported that the vast majority of murders and “honor killings” of women went unpunished, and they believe the documented killings are under-reported.

UNAMA says that these acts are happening despite the government’s attempts to resolve the issue. In 2009 Afghanistan enacted the Elimination of Violence against Women (EVAW), which among other things, made five crimes that must be filed and charged. However, the EVAW is often used to rationalize police pressure of mediation, because under the act complaints can be withdrawn at any time.

But, the EVAW does not allow for the withdrawal of complaints of rape, enforced prostitution, publicizing the identity of a victim, burning or the use of chemical substances and forced self-immolation or suicide. In fact, the EVAW requires the government to investigate and prosecute these cases without a complaint by the victim. UNAMA recommended that the EVAW extend this obligation to more crimes.