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Petition to amend the Anti-Sexual Harassment Law in Afghanistan

February 28, 2017

Earlier this year, we worked with Medica Afghanistan to review the newly enacted Anti-Sexual Harassment Law in Afghanistan. After the review, Medica Afghanistan issued a Petition to the Presidential Office urging His Excellency, President Ashraf Ghani not to ratify the Law. 

 

The Petition can be viewed by the link below. 

 

1. On behalf of the Afghanistan Women’s Network, Medica Afghanistan submits this Petition

to Your Excellency’s Office to bring to your urgent attention, the Anti-Sexual Harassment

Law (“the Petition”).

 

2. The law which comprise 3 Chapters and 29 Articles, was approved by a Parliamentary

majority and passed by the Wolesi Jirga on 19 Akrab 1395 (9 November 2016), pursuant

to Articles 24 and 54 of the Constitution (the “Law”). We were informed that the law has

been submitted to Your Excellency’s Office for formal assent, pursuant to Article 64(16) of

the Afghanistan Constitution.

 

3. We humbly petition Your Excellency’s Office not to ratify the law on the basis that the law

is incomplete, replete with errors and largely unenforceable. Further, it is likely to lead to

mishandling of complaints and cause harm to survivors who are depending on the law for

redress and justice.

 

4. This Petition concerns a matter of constitutional importance. The freedom to live, work and

move without being sexual harassed is a constitutional right under the Afghanistan

Constitution. It is a matter of:

 

(a)  Preserving human dignity and protecting human rights (Article 6);

 

(b)  Observing international human rights treaties (Article 7);

 

(c)  Upholding equality and non-discrimination between men and women (Article 22);

 

(d)  Upholding the right to liberty and dignity (Article 24);

 

(e)  Upholding the right of work (Article 48);

 

(f)  Upholding the right of education for women (Article 44);

 

(g) Creating a healthy administration, realizing reforms in the administrative system and

performing duties with complete neutrality (Article 50);

 

(h) Compensating individuals for harms caused by the State without due cause (Article

51).

 

5. Women and children in Afghanistan are sexually harassed daily, causing them to fear their

surroundings, suffer mental trauma, resign from their jobs and drop out of school and social

activity. To combat sexual harassment, it is imperative that the law is (1) precise, (2)

complete, (3) comprehensive, (4) enforceable, and, (5) that proper mechanisms,

procedures and remedies are created to meet their needs.

 

6. It is on this basis that we submit this Petition for reasons, explained in the Petition attached. 

You can also support Medica Afghanistan's Petition by signing on here. 

 

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