Not the Same as Being Equal

Last year in Herat, as I was walking with an Afghan colleague to a meeting on women’s rights, I spotted an ice cream vendor in the hot, dusty street. I rushed ahead and returned with two cones of lemony ice. I held one out to my friend. “Forgive me,” she said. “I can’t.” She was wearing a burqa.

It was a stupid mistake. I’d been in Afghanistan a long time, in the company every day of women encased from head to toe in pleated polyester body bags. Occasionally I put one on myself, just to get the feel of being stifled in the sweaty sack, blind behind the mesh eye mask. I’d watched women trip on their burqas and fall. I’d watched women collide with cars they couldn’t see. I knew a woman badly burned when her burqa caught fire. I knew another who suffered a near-fatal skull fracture when her burqa snagged in a taxi door and slammed her to the pavement as the vehicle sped away. But I’d never before noted this fact: it is not possible for a woman wearing a burqa to eat an ice cream cone.

We gave the cones away to passing children and laughed about it, but to me it was the saddest thing.
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Ever since the United States invaded Afghanistan in 2001, George W. Bush has boasted of “liberating” Afghan women from the Taliban and the burqa. His wife Laura, after a publicity junket to Afghanistan in 2005, appeared on Jay Leno’s show to say that she hadn’t seen a single woman wearing a burqa.

But these are the sorts of wildly optimistic self-delusions that have made Bush notorious. His wife, whose visit to Afghanistan lasted almost six hours, spent much of that time at the American air base and none of it in the Afghan streets where most women, to this day, go about in big blue bags.

It’s true that after the fall of the Taliban lots of women in the capital went back to work in schools, hospitals, and government ministries, while others found better paying jobs with international humanitarian agencies. In 2005, thanks to a quota system imposed by the international community, women took 27% of the seats in the lower house of the new parliament, a greater percentage than women enjoy in most Western legislatures, including our own. Yet these hopeful developments are misleading.

The fact is that the “liberation” of Afghan women is mostly theoretical. The Afghan Constitution adopted in 2004 declares that “The Citizens of Afghanistan – whether man or woman – have equal Rights and Duties before the Law.” But what law? The judicial system – ultra-conservative, inadequate, incompetent, and notoriously corrupt – usually bases decisions on idiosyncratic interpretations of Islamic Sharia, tribal customary codes, or simple bribery. And legal “scholars” instruct women that having “equal Rights and Duties” is not the same as being equal to men.

Post-Taliban Afghanistan, under President Hamid Karzai, also ratified key international agreements on human rights: the Universal Declaration of Human Rights, the International Treaty of Civil and Political Rights, and CEDAW: the Convention on the Elimination of All Forms of Discrimination Against Women. Like the Constitution, these essential documents provide a foundation for realizing the human rights of women.

But building on that paper foundation – amid poverty, illiteracy, misogyny, and ongoing warfare – is something else again.

That’s why, for the great majority of Afghan women, life has scarcely changed at all. That’s why even an educated and informed leader like my colleague, on her way to a UN agency to work on women’s rights, is still unable to eat an ice cream cone.
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For most Afghan women the burqa is the least of their problems.

Afghanistan is just about the poorest country in the world. Only Burkina Faso and Niger sometimes get worse ratings. After nearly three decades of warfare and another of drought, millions of Afghans are without safe water or sanitation or electricity, even in the capital city. Millions are without adequate food and nutrition. Millions have access only to the most rudimentary health care, or none at all.

Diseases such as TB and polio, long eradicated in most of the world, flourish here. They hit women and children hard. One in four children dies before the age of five, mostly from preventable illnesses such as cholera and diarrhea. Half of all women of childbearing age who die do so in childbirth, giving Afghanistan one of the highest maternal death rates in the world. Average life expectancy hovers around 42 years.

Notice that we’re still talking women’s rights here: the fundamental economic and social rights that belong to all human beings.
There are other grim statistics. About 85% of Afghan women are illiterate. About 95% are routinely subjected to violence in the home. And the home is where most Afghan women in rural areas, and many in cities, are still customarily confined. Public space and public life belong almost exclusively to men. President Karzai heads the country while his wife, a qualified gynecologist with needed skills, stays at home.

These facts are well known. During more than five years of Western occupation, they haven’t changed.

Afghan women and girls are, by custom and practice, the property of men. They may be traded and sold like any commodity. Although Afghan law sets the minimum marriageable age for girls at sixteen, girls as young as eight or nine are commonly sold into marriage. Women doctors in Kabul maternity hospitals describe terrible life-threatening “wedding night” injuries that husbands inflict on child brides. In the countryside, far from medical help, such girls die.

Under the tribal code of the Pashtuns, the dominant ethnic group, men customarily hand over women and girls – surplus sisters or widows, daughters or nieces – to other men to make amends for some offense or to pay off some indebtedness, often to a drug lord. To Pashtuns the trade-off is a means of maintaining “justice” and social harmony, but international human rights observers define what happens to the women and girls used in such “conflict resolution” as “slavery.”

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