By Ann Jones
Gen. Stanley McChrystal says he needs more American troops to salvage something like winning in Afghanistan and restore the country to "normal life." Influential senators want to increase spending to train more soldiers for the Afghan National Army and Police. The Feminist Majority recently backed off a call for more troops, but it continues to warn against US withdrawal as an abandonment of Afghan women and girls. Nearly everyone assumes troops bring greater security; and whether your touchstone is military victory, national interest or the welfare of women and girls, "security" seems a good thing.
I confess that I agonize over competing proposals now commanding President Obama's attention because I've spent years in Afghanistan working with women, and I'm on their side. When the Feminist Majority argues that withdrawing American forces from Afghanistan will return the Taliban to power and women to house arrest, I see in my mind's eye the faces of women I know and care about. Yet an unsentimental look at the record reveals that for all the fine talk of women's rights since the US invasion, equal rights for Afghan women have been illusory all along, a polite feel-good fiction that helped to sell the American enterprise at home and cloak in respectability the misbegotten government we installed in Kabul. That it is a fiction is borne out by recent developments in Afghanistan--President Karzai's approving a new family law worthy of the Taliban, and American acquiescence in Karzai's new law and, initially, his theft of the presidential election--and by the systematic intimidation, murder or exile of one Afghan woman after another who behaves as if her rights were real and worth fighting for.
Last summer in Kabul, where "security" already suffocates anything remotely suggesting normal life, I asked an Afghan colleague at an international NGO if she was ever afraid. I had learned of threatening phone calls and night letters posted on the gates of the compound, targeting Afghan women who work within. Three of our colleagues in another city had been kidnapped by the militia of a warlord, formerly a member of the Karzai government, and at the time, as we learned after their release, were being beaten, tortured and threatened with death if they continued to work.
"Fear?" my colleague said. "Yes. We live with fear. In our work here with women we are always under threat. Personally, I work every day in fear, hoping to return safely at the end of the day to my home. To my child and my husband."
"And the future?" I said. "What do you worry about?"
"I think about the upcoming election," she said. "I fear that nothing will change. I fear that everything will stay the same."
Then Karzai gazetted the Shiite Personal Status Law, and it was suddenly clear that even as we were hoping for the best, everything had actually grown much worse for women.
Why is this important? At this critical moment, as Obama tries to weigh options against our national security interests, his advisers can't be bothered with--as one US military officer put it to me--"the trivial fate of women." As for some hypothetical moral duty to protect the women of Afghanistan--that's off the table. Yet it is precisely that dismissive attitude, shared by Afghan and many American men alike, that may have put America's whole Afghan enterprise wrong in the first place. Early on, Kofi Annan, then United Nations secretary general, noted that the condition of Afghan women was "an affront to all standards of dignity, equality and humanity."
Annan took the position, set forth in 2000 in the landmark UN Security Council Resolution 1325, that real conflict resolution, reconstruction and lasting peace cannot be achieved without the full participation of women every step of the way. Karzai gave lip service to the idea, saying in 2002, "We are determined to work to improve the lot of women after all their suffering under the narrow-minded and oppressive rule of the Taliban." But he has done no such thing. And the die had already been cast: of the twenty-three Afghan notables invited to take part in the Bonn Conference in December 2001, only two were women. Among ministers appointed to the new Karzai government, there were only two; one, the minister for women's affairs, was warned not to do "too much."
The Bonn agreement expressed "appreciation to the Afghan mujahidin who...have defended the independence, territorial integrity and national unity of the country and have played a major role in the struggle against terrorism and oppression, and whose sacrifice has now made them both heroes of jihad and champions of peace, stability and reconstruction of their beloved homeland, Afghanistan." On the other hand, their American- and Saudi-sponsored "sacrifice" had also made many of them war criminals in the eyes of their countrymen. Most Afghans surveyed between 2002 and 2004 by the Afghan Independent Human Rights Commission thought the leaders of the mujahedeen were war criminals who should be brought to justice (75 percent) and removed from public office (90 percent). The mujahedeen, after all, were Islamist extremists just like the Taliban, though less disciplined than the Taliban, who had risen up to curb the violent excesses of the mujahedeen and then imposed excesses of their own. That's the part American officials seem unwilling to admit: that the mujahedeen warlords of the Karzai government and the oppressive Taliban are brothers under the skin. From the point of view of women today, America's friends and America's enemies in Afghanistan are the same kind of guys.
Though women were excluded from the Bonn process, they did seem to make strides in the first years after the fall of the Taliban. In 2004 a new constitution declared, "The citizens of Afghanistan--whether man or woman--have equal rights and duties before the law." Westerners greeted that language as a confirmation of gender equality, and to this day women's "equal rights" are routinely cited in Western media as evidence of great progress. Yet not surprisingly, Afghan officials often interpret the article differently. To them, having "equal rights and duties" is nothing like being equal. The first chief justice of the Afghan Supreme Court, formerly a mullah in a Pakistani madrassa, once explained to me that men have a right to work while women have a right to obey their husbands. The judiciary--an ultraconservative, inadequate, incompetent and notoriously corrupt branch of government--interprets the constitution by its own lights. And the great majority of women across the country, knowing little or nothing of rights, live now much as they did under the Taliban--except back then there were no bombs.
In any case, the constitution provides that no law may contravene the principles of Sharia law. In effect, mullahs and judges have always retained the power to decide at any moment what "rights" women may enjoy, or not; and being poorly educated, they're likely to factor into the judgment their own idiosyncratic notions of Sharia, plus tribal customary laws and the size of proffered bribes. Thus, although some women still bravely exercise liberty and work with some success to improve women's condition, it should have been clear from the get-go that Afghan women possess no inalienable rights at all. Western legal experts who train Afghan judges and lawyers in "the law" as we conceive it often express frustration that Afghans just don't get it; Afghan judges think the same of them.
The paper foundations of Afghan women's rights go beyond national law to include the Universal Declaration of Human Rights, the International Treaty of Civil and Political Rights, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). All these international agreements that delineate and establish human rights around the world were quickly ratified by the Karzai government. CEDAW, however, requires ratifying governments to submit periodic reports on their progress in eliminating discrimination; Afghanistan's first report, due in 2004, hasn't appeared yet. That's one more clue to the Karzai government's real attitude toward women--like Karzai's sequestration of his own wife, a doctor with much-needed skills who is kept locked up at home.
Given this background, there should have been no surprise when President Karzai first signed off in March on the Shiite Personal Status Law or, as it became known in the Western press, the Marital Rape Law. The bill had been percolating in the ultraconservative Ministry of Justice ever since the Iranian-backed Ayatollah Asif Mohseni submitted it in 2007. Then last February Karzai apparently saw the chance to swap passage of the SPSL for the votes of the Shiites--that is, the Hazara minority, 15-20 percent of the population. It was just one of many deals Karzai consolidated as he kept to the palace while rival presidential candidates stomped the countryside. The SPSL passed without alteration through the Parliamentary Judicial Committee, another little bunch of ultraconservative men. When it reached the floor of Parliament, it was too late to object. Some women members succeeded in getting the marriageable age for girls--age 9--revised to 16. Calling it victory, they settled for that. The Supreme Court reviewed the bill and pronounced it constitutionally correct on grounds the justices did not disclose.
The rights Afghan women stood to lose on paper and in real life were set forth in the SPSL. Parliamentarian Shinkai Karokhail alerted a reporter at the Guardian, and the law was denounced around the world for legalizing marital rape by authorizing a husband to withhold food from a wife who fails to provide sexual service at least once every four days. (The interval assumes the husband has four wives, a practice permitted by Islam and legalized by this legislation.) But that's not all the law does. It also denies or severely limits women's rights to inherit, divorce or have guardianship of their own children. It forbids women to marry without permission and legalizes forced marriage. It legalizes marriage to and rape of minors. It gives men control of all their female relatives. It denies women the right to leave home except for "legitimate purposes"--in effect giving men the power to deny women access to work, education, healthcare, voting and whatever they please. It generally treats women as property, and it considers rape of women or minors outside marriage as a property crime, requiring restitution to be made to the owner, usually the father or husband, rather than a crime against the victim. All these provisions are contained in twenty-six articles of the original bill that have been rendered into English and analyzed by Western legal experts. No doubt other regressive rules will be discovered if the 223 additional articles of the law ever appear in English.
In April a few women parliamentarians spoke out against the law. A group of women, estimated to number about 300, staged a peaceful protest in the street, protected by Kabul's police officers from an angry mob of hundreds of men who pelted them with obscenities and stones, shouting, "Death to the enemies of Islam!" Under pressure from international diplomats--President Obama called the law "abhorrent"--Karzai withdrew it for review. The international press reported the women's victory. In June, when a large group of women MPs and activists met with Karzai, he assured them the bill had been amended and would be submitted to Parliament again after the elections.
Instead, on July 27, without public announcement, Karzai entered the SPSL, slightly revised but with principal provisions intact, into the official gazette, thereby making it law. Apparently he was betting that with the presidential election only three weeks away, the United States and its allies would not complain again. After all, they had about $500 million (at least half of that American money) riding on a "credible" outcome; and they couldn't afford the cost of a runoff or the political limbo of an interregnum. In August, Brad Adams, Asia director of Human Rights Watch, observed that such "barbaric laws were supposed to have been relegated to the past with the overthrow of the Taliban in 2001, yet Karzai has revived them and given them his official stamp of approval." No American official said a word.
But what about all the women parliamentarians so often cited as evidence of the progress of Afghan women? With 17 percent of the upper house and 27 percent of the lower--eighty-five women in all--you'd think they could have blocked the SPSL. But that didn't happen, for many reasons. Many women parliamentarians are mere extensions of the warlords who financed their campaigns and tell them how to vote: always in opposition to women's rights. Most non-Shiite women took little interest in the bill, believing that it applied only to the Shiite minority. Although Hazara women have long been the freest in the country and the most active in public life, some of them argued that it is better to have a bad law than none at all because, as one Hazara MP told me, "without a written law, men can do whatever they want."
The human rights division of the UN's Assistance Mission in Afghanistan (UNAMA) published a report in early July, before the SPSL became law, documenting the worsening position of Afghan women, the rising violence against them and the silence of international and Afghan officials who could defend them. The researchers' most surprising finding is this: considering the risks of life outside the home and the support women receive within it, "there is no clear distinction between rural and urban women." Commentators on Afghanistan, myself included, have assumed--somewhat snobbishly, it now appears--that while illiterate women in the countryside might be treated no better than animals, educated urban Afghan women blaze a higher trail. The debacle of the Shiite Personal Status Law explodes that myth.
The UNAMA report attributes women's worsening position in Afghan society to the violence the war engenders on two domestic fronts: the public stage and the home. The report is dedicated to the memory of Sitara Achakzai, a member of the Kandahar Provincial Council and outspoken advocate of women's rights, who was shot to death on April 12, soon after being interviewed by the UNAMA researchers. She "knew her life was in danger," they report. "But like many other Afghan women such as Malalai Kakar, the highest-ranking female police officer in Kandahar killed in September 2008, Sitara Achakzai had consciously decided to keep fighting to end the abuse of Afghan women." Malalai Kakar, 40, mother of six, had headed a team of ten policewomen handling cases of domestic violence.
In 2005 Kim Sengupta, a reporter with the London Independent, interviewed five Afghan women activists; by October 2008 three of them had been murdered. A fourth, Zarghuna Kakar (no relation to Malalai), a member of the Kandahar Provincial Council, had left the country after she and her family were attacked and her husband was killed. She said she had pleaded with Ahmed Wali Karzai, head of the Kandahar Provincial Council, for protection; but he told her she "should have thought about what may happen" before she stood for election. Kakar told the reporter, "It was his brother [President Karzai], the Americans, and the British who told us that we women should get involved in political life. Of course, now I wish I hadn't."
Women learn to pull their punches. MPs in Kabul confessed that they are afraid of the fundamentalist warlords who control the Parliament; so they censor themselves and keep silent. One said, "Most of the time women don't dare even say a word about sensitive Islamic issues, because they are afraid of being labeled as blasphemous." Many women MPs have publicly declared their intention to quit at the end of the term. Women journalists also told UNAMA that they "refrain from criticizing warlords and other power brokers, or covering topics that are deemed contentious such as women's rights."
Other women targeted for attack are civil servants, employees of international and national organizations, including the UN, healthcare workers and women in "immoral" professions--which include acting, singing, appearing on television and journalism. When popular Tolo TV presenter Shaima Rezayee, 24, was forced out of her job in 2005, she said "things are not getting better.... We have made some gains, but there are a lot of people who want to take it all back. They are not even Taliban, they are here in Kabul." Soon after, she was shot and killed. Zakia Zaki, 35, a teacher and radio journalist who produced programs on women's rights, was shot to death in her home in Parwan Province on June 6, 2007. Actress Parwin Mushtakhel fled the country last spring after her husband was gunned down outside their house, punished for his failure to keep her confined. When the Taliban fell, she thought things were getting better, but "the atmosphere has changed; day by day women can work less and less." Setara Hussainzada, the singer from Herat who appeared on the Afghan version of American Idol (and in the documentary Afghan Star) also fled for her life.
Threats against women in public life are intended to make them go home--to "unliberate" themselves through voluntary house arrest. But if public life is dangerous, so is life at home. Most Afghan women--87 percent, according to Unifem--are beaten on a regular basis. The UNAMA researchers looked into the unmentionable subject of rape and found it to be "an everyday occurrence in all parts of the country" and "a human rights problem of profound proportions." Outside marriage, the rapists are often members or friends of the family. Young girls forced to marry old men are raped by the old man's brothers and sons. Women and children--young boys are also targets--are raped by people who have charge of them: police, prison guards, soldiers, orphanage or hospital staff members. The female victims of rape are mostly between the ages of 7 and 30; many are between 10 and 20, but some are as young as 3; and most women are dead by 42.
Women rarely tell anyone because the blame and shame of rape falls on them. Customary law permits an accused rapist to make restitution to the victim's father, but because the question of consent does not figure in the law of sexual relations, the victim is guilty of zina, or adultery, and can be punished accordingly: sent to jail or murdered by family members to preserve family honor. The great majority of women and girls in prison at any time are charged with zina; most have been raped and/or have run away from home to escape violence. It's probably safe to say, in the absence of statistics, that police--who, incidentally, are trained by the American for-profit contractor DynCorp--spend more time tracking down runaway women and girls than real criminals. Rapists, on the other hand, as UNAMA investigators found, are often "directly linked to power brokers who are, effectively, above the law and enjoy immunity from arrest as well as immunity from social condemnation." Last year Karzai pardoned political thugs who had gang-raped a woman before witnesses, using a bayonet, and who had somehow been convicted despite their good connections. UNAMA researchers conclude: "The current reality is that...women are denied their most fundamental human rights and risk further violence in the course of seeking justice for crimes perpetrated against them." For women, "human rights are values, standards, and entitlements that exist only in theory and at times, not even on paper."
Caught in the maelstrom of personal, political and military violence, Afghan women worry less about rights than security. But they complain that the men who plan the country's future define "security" in ways that have nothing to do with them. The conventional wisdom, which I have voiced myself, holds that without security, development cannot take place. Hence, our troops must be fielded in greater numbers, and Afghan troops trained faster, and private for-profit military contractors hired at fabulous expense, all to bring security. But the rule doesn't hold in Afghanistan precisely because of that equation of "security" with the presence of armed men. Wherever troops advance in Afghanistan, women are caught in the cross-fire, killed, wounded, forced to flee or locked up once again, just as they were in the time of the Taliban. Suggesting an alternative to the "major misery" of warfare, Sweden's former Defense Minister Thage Peterson calls for Swedish soldiers to leave the "military adventure" in Afghanistan while civilians stay to help rebuild the country. But Sweden's soldiers are few, and its aid organizations among the best in the world. For the United States even to lean toward such a plan would mean reasserting civilian control of the military and restoring the American aid program (USAID), hijacked by private for-profit contractors: two goals worth fighting for.
Today, most American so-called development aid is delivered not by USAID, but by the military itself through a system of Provincial Reconstruction Teams (PRTs), another faulty idea of former Defense Secretary Donald Rumsfeld. Soldiers, unqualified as aid workers and already busy soldiering, now shmooze with village "elders" (often the wrong ones) and bring "development," usually a costly road convenient to the PRT base, impossible for Afghans to maintain and inaccessible to women locked up at home. Recent research conducted by respected Afghanistan hands found that this aid actually fuels "massive corruption"; it fails to win hearts and minds not because we spend too little but because we spend too much, too fast, without a clue. Meanwhile, the Taliban bring the things Afghans say they need--better security, better governance and quick, hard-edged justice. US government investigators are looking into allegations that aid funds appropriated for women's projects have been diverted to PRTs for this more important work of winning hearts and minds with tarmac. But the greatest problem with routing aid through the military is this: what passes for development is delivered from men to men, affirming in the strongest possible terms the misogynist conviction that women do not matter. You'll recognize it as the same belief that, in the Obama administration's strategic reappraisal of Afghanistan, pushed women off the table.
So there's no point talking about how women and girls might be affected by the strategic military options remaining on Obama's plate. None of them bode well for women. To send more troops is to send more violence. To withdraw is to invite the Taliban. To stay the same is not possible, now that Karzai has stolen the election in plain sight and made a mockery of American pretensions to an interest in anything but our own skin and our own pocketbook. But while men plan the onslaught of more men, it's worth remembering what "normal life" once looked like in Afghanistan, well before the soldiers came. In the 1960s and '70s, before the Soviet invasion--when half the country's doctors, more than half the civil servants and three-quarters of the teachers were women--a peaceful Afghanistan advanced slowly into the modern world through the efforts of all its people. What changed all that was not only the violence of war but the accession to power of the most backward men in the country: first the Taliban, now the mullahs and mujahedeen of the fraudulent, corrupt, Western-designed government that stands in opposition to "normal life" as it is lived in the developed world and was once lived in their own country. What happens to women is not merely a "women's issue"; it is the central issue of stability, development and durable peace. No nation can advance without women, and no enterprise that takes women off the table can come to much good.