Women and the Constitutional Loya Jirga
Women for Afghan Women
Fri, 19 Dec 2003
Flushing, New York
Women for Afghan Women is outraged (but not surprised) by the
sustained efforts to silence the voices of women in Afghanistan's
Constitutional Loya Jirga. The methods themselves are not unfamiliar.
Chairman Mojaddedi has dragged out the old myth created and
perpetuated by a patriarchal interpretation of certain Quranic verses
that it takes two women to equal one man. Modern scholars have set
aside this interpretation in favor of a gender-neutral reading that
accords with the overall Qur'anic theme of a just society and with
Prophet Mohammad's tireless efforts to empower women politically and
socially.
Mr. Mojaddedi manipulations of religion for political gain are an
affront to Islam, a religion that holds forth a vision of an
egalitarian society, gender and class neutral.
We applaud Malalai Joya, the outspoken delegate who had the courage to
raise the crucial question at the outset: why has the Loya Jirga
selected as committee chairmen "those criminals who have brought these
disasters for the Afghan people." Rather than determining
Afghanistan's constitution, she believes "they should be taken to the
world court.''
While Ms. Joya was ultimately allowed to remain as a delegate despite
the eruption from male delegates and despite Chairman Mojadeddi's
order to throw her out, she now requires the protection of the UN
because of threats to her life from the floor of the assembly. It is
clear that women's views will not be tolerated when they challenge the
entrenched power of the Mujahidin.
Lack of security has been and continues to be the main barrier to women
achieving their human rights in Afghanistan.
Islam endows all creation with certain inalienable rights. These rights
are incorporated in the Afghan Women's Bill of Rights, a document
drafted and signed by Afghan women from throughout the country who
gathered three months ago in Kandahar for WAW's annual conference.
These women overcame their considerable differences in ethnicity,
language, education, and religious conviction to reach consensus on
the rights they want enumerated in their nation's constitution. Some
of these are mandatory education, health services with special
attention to reproductive rights, protection against sexual abuse and
domestic violence, freedom to vote and run for election, the right to
marry and divorce according to Islam and to financial independence and
ownership of property, the minimum marriageable age set at 18 years,
and full rights of inheritance.
The absence of these and other rights for women in the draft
constitution is a shocking reminder of the vast distance Afghan women,
and men, have yet to travel, even after the Taliban are gone, to
defeat fanaticism and sheer corruption before they can approach the
ideals embodied in Islam.