mechanisms to promote public awareness for the reduction of the rate of
forced and under-age marriages and to obliterate the phenomena of “Bad”
(giving girls for settling disputes) and the exchange of daughters. In
Afghan villages the awareness raising should be done through mosques
and Mullah Imams.
16. Article 39 of EVAW law grants the right of complaint to the victim, which
deprives the justice and judicial institutions to initiate prosecution on their
own. The government and national assembly of Afghanistan must amend
this article by granting the right to the judicial institutions to initiate
prosecution independent of complaint by any complainant;
17. Article 41 of the EVAW law states that in addition to punishment,
reparation must be given commensurate to a criminal act. The reparatory
amount is unclear under this article. The government and the National
Assembly must amend this law by clarify the reparatory amount for each
criminal act;
18. The Afghan government, through the Ministry of Hajj and Charities,
should develop guidelines based on relevant articles of the Law on the
Elimination of Violence against Women and the Afghan civil law to foster
and establish healthy marriages. These guidelines should be distributed
widely among Mullah Imams and councils of mosques (Shura-ye Masajid).
19. The Afghan government, particularly the Ministry of Interior, should
provide necessary capacity building for the Afghan National Police (ANP)
regarding the Law on the Elimination of Violence against Women and
ensure that the ANP acts in accordance with the law in cases of violence
against women.
20. The Afghan government should develop new regulations requiring Afghan
judicial agencies such as the Office of the Attorney General and the
Supreme Court to give priority to cases of violence against women and
promptly investigate these cases.
21. High ranking authorities in prosecution offices and the Supreme Court
should be obliged to ensure that their subordinates enforce the provisions
of the Law on the Elimination of Violence against Women, effectively
guaranteeing the physical integrity of victims of violence in all phases of an
investigation, including prosecution and trial, and prevent reprisals
against the victims and their families by the alleged perpetrators.
22. The Afghan government should provide free legal assistance to female
victims of violence so as to enhance their legal awareness of various legal
procedures including legal defense, potential lawsuits and obtaining
reparations.
AHRDO
Afghan Women after the Taliban: Will History Repeat Itself?
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