Copyright (c) 2004 The Regents of the University of California on behalf of Berkeley Women's Law Journal200419 Berkeley Women's L.J. 270LENGTH: 10896 wordsRECENT DEVELOPMENT: The More Things Change, the More They Stay the Same: The Plight of Afghan Women Two Years After the Overthrow of the TalibanNAME: Benazeer Roshan +BIO: Copyright © 2004, The Regents of the University of California. + J.D. Candidate, Boalt Hall School of Law, University of California at Berkeley, 2004. I wouldlike to thank the Berkeley Women's Law Journal for its unwavering support in writing this piece. I am very thankful and indebted to the exceptional editorial and creative efforts of Kathy Roberts and Lesley Pena, whose efforts have enormously improved this piece. I also thank Hartwell Harris and Jill Adams for their insightful suggestions and editing. Any errors that remain are entirely my own. Lastly, I extend my gratitude to my family and Samuel Rogoway for their continual encouragement throughout this endeavor.SUMMARY:... Two years have passed since the ousting of the Taliban, and yet, in many respects, Afghanwomen have neither seen nor experienced the type of liberty and freedom that was promised to them. ... Specifically, this piece will focus on the current lack of Afghan women'ssecurity and mobility, as well as their access to education and employment. ... The burqa was the most visible restriction imposed by the Taliban. ... Human rights groups repeatedly called for "greater efforts in disarmament, security sector reform and the weakening of local warlord power," without which they concluded, "security is unlikely to be achieved. ... Pashtun women throughout northern Afghanistan experienced sexual violence. ... Older girls were more likely to face greater obstacles in obtaining an education, as they were more likely to be targets and victims of sexual violence. ... The "targeting of women by police and soldiers for sexual violence and the accompanying restrictions on their freedom of movement and access to education also greatly impeded women's ability to find work. ... Fourth, the Afghan president, Hamid Karzai, should support "the right of women and girls to equality in all aspects of their public and private lives, including explicit support for their rights to freedom of expression, association, and movement and the rights to work, education, privacy and bodily integrity. ... TEXT: [*271] I. Introduction Two years have passed since the ousting of the Taliban, and yet, in many respects, Afghan women have neither seen nor experienced the type of liberty and freedom that was promised to them. For instance, in November 2003, the director of the Afghan Women's Network reported that "most of the women outside of Kabul, in the villages, are still oppressed, still wearing burkas [sic] and still are afraid." n1 In March 2003, a student at Kabul University admitted, "Yes, people are afraid of what would happen from the gunmen if theyallowed their girls to go to school. Of course they are afraid of men with guns or other groups." n2 No one disputes the truth of the aforementioned statements or that Afghan women have suffered and continue to be victims of egregious human rights abuses. For example, in blatant disregard for women's rights, Afghanistan's Chief Justice declared that equality of the sexes should not be a part of Afghanistan's Constitution. n3The purpose of this recent development piece is to highlight the continual plight of Afghan women. Specifically, this piece will focus on the current lack of Afghan women's security andmobility, as well as their access to education and employment. This piece will also discuss Afghan women in the context of the newly ratified constitution. n4II. Brief History of Afghan Women Before the Taliban Regime Afghanistan was ruled by a monarch, Zahir Shah, until the Soviet invasion in 1978. n5 After the invasion, Afghanistan was ruled by a Soviet-installed government from 1979 to 1992. n6 During the Soviet reign in the 1980s, women were legally entitled to equal rights. n7 The Afghanistan Socialist Constitution ("ASC") guaranteed fundamental rights to women. n8 Women were afforded greater protection under the ASC, such as the right to healthcare, education, employment, and travel. n9 The ASC made no distinction with regard to the education of men and [*272] women and required that the state provide everyone with a free education. n10 Similarly, under the ASC, women were able to work and take advantage of a wide variety of jobs. n11 Women held positions as teachers, physicians, and government workers. n12 Lastly, the ASC provided for greater mobility of women, allowing women to travelthroughout cities, provinces, and even abroad. n13 Without these restrictions, women were able to attend schools and hold employment throughout Afghanistan. n14III. The Plight of Afghan Women Under the Taliban Regime The Taliban's reign of terror began in 1994 with its capture of Kandahar. n15 The Taliban capture of the capital city, Kabul, in 1996, marked the beginning of the end of human rights for Afghan women. n16 Immediately after the Taliban gained control of Afghanistan, it declaredthat the country would be ruled strictly according to their interpretation of Shari'ah law. n17 This section will highlight the Taliban's torture and oppression of Afghan women. Specifically,this section will discuss the Taliban's cruel practices against women with respect to their mobility and access to education and employment.A. Brief History of How the Taliban Gained Control of Afghanistan The Taliban signaled its mission to gain control of Afghanistan in 1994 when it captured Kandahar. n18 In September 1996, the Taliban gained a decisive victory by capturing the capital of Afghanistan, Kabul. n19 By 2001, the Taliban controlled more than 97% of the country. n20 Immediately after capturing Kabul, the Taliban declared that Afghanistan would be ruled in accord with Shari'ah law. n21 It forbade women from working outside the home, banned their education, and introduced harsh dress code requirements - namely the burqa, or chadari. n22 In the ensuing years, the Taliban continued to impose new restrictions on [*273] women, including the requirement that they travel alongside a male relative. n23 Women were severely punished for violating any of the Taliban decree. Punishments ranged from whipping to public stoning. n24B. Women's Security and Mobility Under the Taliban Regime The burqa was the
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