Translation: Recommendation related to the Shiite personnel law.
As is known, that a law is undergoing a number of specific steps to pass, ratify and then to be published. But for the Shia personnel law, the case was to pass the feedback/review step and directly sent to the parliament.
One and a half year before when the draft committee on family law, included were university teachers, child and family court heads, civil society organizations with support of the Ministry of women affairs and ministry of justice, Independent Human Rights Commission, was informed about the Shia personnel Law that it has been included in the parliament agenda. Therefore the committee stopped their work on the family law and started for the assessment and observation of the Shia personnel draft law. This committee gone through all the legislation of the Islamic countries’ on Shia personnel status law and prepared a recommendation draft.
Afterwards the recommendation draft was submitted to the minister of Justice and other organizations but when it was noticed that no proper interest and pace is given to the draft recommendation, the team decided to meet Mr Karzai. They asked him not to ratify the law as some changes are recommendable in it. President asked the minister of justice, who was present there; about the law and he responded that he will give it a second look as it was a one year old draft. The draft committee kept an eye on the proceedings of the steps taken on Shia personnel Law and monitored the actions in this regard very minutely.
The idea developed to include the Shia members of the parliament in the process, Dr Samar talked with Mr. Mohaqiq, and the members of the committee met a number of times with the other members of the parliament too, but it was of no use. The target option was diverted towards the university professors in the Kabul University, where some re-known professors from QUM and MASHAD was invited from Iran and work was started on the draft law in a four day seminar held in Kabul. Their views were prepared and published, at the same time it was heard that draft law has been put forward for discussion session in the parliament. The committee then decided to meet with Mr Mohsini related to the draft law.
We forwarded our concerns about short term marriages, the marriage portion and regarding the authority of male as some of the examples. Questions were also asked about the freedom of women movement without permission of Husband. When the members met with Mr Qanooni, he replied that he is very much under pressure, and that the draft must be presented in the parliament.
The meeting also took place with Ms Noora of UNAMA, and she was asked if she could do anything to the stop the ratification of the law. She mentioned that draft should be shared with her so that she should translate it and know what the main themes of the draft were? As it would take much longer time therefore attentions diverted towards European Union for the stop of the ratification of the law, and that our work and recommendations should be taken into consideration.
European Union called for a meeting and invited all the committee members and those involved and presented its inability to interfere in the national predicaments of Afghans. At last all our efforts were in vain, and the draft was sent to the parliament.
When entered in the parliament, only Ms Karokheil was the one to object very bravely the three articles of the draft in front of the entire parliament.
When all the stones left unturned, AWN, called for the meeting of the draft committee on 7th of April 2009. 60 participants from different organizations were participated and they shared their views on the draft law. The meeting was concluded by having a meeting in the following Thursday with the minister of justice and that all the views about the draft should be formally addressed from AWN side to the minister in a written format.
Abrupt steps taken after the meeting:
A written letter was sent to the minister of justice through AWN and on 8th of April 2009 members of the committee met with the minister of justice. On 15th of April 2009 a peace protest was organized by the human rights advocates and the civil society and the house wives. The purpose behind this peace protest was the demand of an acceptable and negotiable change in the draft of the law. Unfortunately this peace protest was turned into a violent incident from those who were favoring the law. A statement was also released on this incident. The following day a press conference on the draft law and peace protest was held and a press statement was released in the presence of a large number of the national and international journalists and related organizations. The statement was provided to the journalists and media.
Release of the statements, announcements and axiom took place from a number of the organizations: namely, Women political participation committee, Network of civil society and human rights and the participants of the international conference on family and women rights legislation reforms in the Muslim countries.
Future Steps:
- 45 members of the committee on amendment and reforms in the personnel Shia law will meet Mr Karzai.
- Round table discussion on the law
- Meetings with Dr Samar, Mr Mohaqiq, Mr Khalili and Mr mohsini would be held.
- Meeting with the USA Ambassador to Afghanistan.
