Letter to Hamid Karzai, President of the Islamic Republic of Afghanistan - Reject Proposed Law That Would Shield Perpetrators of Violence Against Women

Letter

U.S. Senators Barbara Boxer (D-CA), Patrick Leahy (D-VT), Jeanne Shaheen (D-NH) and Bob Casey (D-PA) today wrote to Afghan President Hamid Karzai urging him not to sign a bill that would significantly restrict prosecutions of domestic violence and other crimes against women by prohibiting family members from testifying against offenders. Since most violence against women in Afghanistan occurs at the hands of relatives and within the home, the proposed changes to Afghanistan's criminal procedure code would make it more difficult to prosecute cases of violence against women by silencing the victims as well as most potential witnesses to the abuse.

"We are so hopeful for a bright future for all Afghans, but we believe that signing this legislation would be a step backwards for Afghanistan's mothers, wives, sisters, and daughters," the Senators wrote.

Despite efforts to improve the lives of women and girls, including the groundbreaking enactment of the Law on the Elimination of Violence Against Women in 2009, violence against women remains a serious problem in Afghanistan and offenders are rarely punished. A recent United Nations report found that reported cases of violence against women went up 28 percent in the last year -- yet prosecutions only went up by two percent.

"This legislation, if enacted, would have a significant detrimental impact on the prosecution of domestic violence and other crimes against women and girls in Afghanistan," the Senators wrote. "We are deeply concerned that this legislation would prohibit family members from testifying against an offender--making it more difficult to seek justice for these heinous crimes."

The text of the letter follows:

February 11, 2014

His Excellency Hamid Karzai
President, Islamic Republic of Afghanistan

Dear President Karzai:

We write you to urge you not to sign into law the proposed legislation modifying the Afghan criminal procedure code. This legislation, if enacted, would have a significant detrimental impact on the prosecution of domestic violence and other crimes against women and girls in Afghanistan. We are deeply concerned that this legislation would prohibit family members from testifying against an offender--making it more difficult to seek justice for these heinous crimes.

Over the past decade, Afghanistan has made important progress on women's rights. Millions of girls are attending school, women are being elected to public office, and many more have joined the civil service and the Afghan National Army and Police. You have demonstrated your commitment to improving the lives of Afghan women and girls--including by enacting the groundbreaking Law on the Elimination of Violence Against Women (EVAW) in 2009.

However, Afghan women and girls continue to face substantial challenges including high rates of domestic violence. A recent United Nations report found that reported cases of violence against women went up 28 percent in the last year, while at the same time prosecutions only increased by 2 percent. These statistics illustrate the obstacles that women and girls already face in their quest for justice.

There is widespread concern in Afghanistan that article 26 of the new "criminal procedure code" could further impede efforts to prosecute serious crimes against women including domestic violence. It is not the time to weaken legal protections that you so strongly afforded Afghan women and girls with the EVAW Law.

We are so hopeful for a bright future for all Afghans, but we believe that signing this legislation would be a step backwards for Afghanistan's mothers, wives, sisters, and daughters. As such, we urge you to refrain from signing the "criminal procedure code" until article 26 is either removed or revised to conform with the EVAW Law.

Thank you for your consideration.

Sincerely,

Barbara Boxer
United States Senator

Patrick J. Leahy
United States Senator

Jeanne Shaheen
United States Senator

Robert P. Casey, Jr.
United States Senator

Source