Afghanistan’s Justice System in Jeopardy as Women Lawyers Forced to Cease Practice

The Afghanistan Independent Bar Association (AIBA) was founded in 2008 with the aim of promoting fair trials, enhancing public trust in the legal profession, fostering collaboration among justice sector stakeholders, fostering the next generation of committed legal professionals, and combating administrative corruption in a country ravaged by war.

The Association spurred the rise of a great many Afghan women lawyers — nurturing a generation of lawyers that grew in tandem with their male counterparts. These women exhibited intelligence and diligence, swiftly becoming the primary choices for women seeking legal assistance. Many of these women lawyers set up private practices, handling all law and advocacy work independently. Many even became the chief breadwinners of their families.

But with the rise of the Taliban, all of this progress came crashing down. The regime has refused to renew the legal licenses of these women, leaving a stark void in the country’s justice system.

“The last time I renewed my law license was in 2021,” recalls Freshta, a lawyer from Kabul. “When I approached the Ministry of Justice last year, they told me and my female colleagues that our advocacy was no longer permitted. After years of hard work and reaching my goal of becoming an excellent lawyer, I am now unemployed.”

The situation for defense lawyers, both male and female, has become increasingly dire since the regime change. Ruhollah Qarizada, Chair of AIBA, said the vast majority of defense lawyers have shut their offices and face serious threats from the Taliban. Many have suffered human rights violations and have faced abuses from Taliban judges, Qarizada said.

In response to this crisis, on January 24th — the International Day of the Endangered Lawyer — Ruhollah Qarizada of AIBA, along with the Council of Bars and Law Societies of Europe (CCBE), the International Bar Association (IBA), and the Brussels Bar announced the launch of a new Afghan Bar Association in exile, based in Brussels. AIBA members have also pledged to resume their activities and reopen the AIBA in exile.

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https://www.jurist.org/commentary/2023/06/taliban-women-lawyers/

https://media.un.org/en/asset/k1l/k1ldizqnzy

https://www.ohchr.org/en/documents/country-reports/ahrc5321-situation-women-and-girls-afghanistan-report-special-rapporteur

https://www.ohchr.org/en/press-releases/2023/06/taliban-edicts-suffocating-women-and-girls-afghanistan-un-experts

https://www.barrons.com/news/afghanistan-s-gender-apartheid-should-be-international-crime-un-expert-409e6955

https://monitor.civicus.org/explore/afghanistan-activists-academics-and-journalists-continue-to-be-targeted-as-un-talks-sideline-womens-voices/

 

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Afghanistan’s Justice System in Jeopardy as Women Lawyers Forced to Cease Practice