Hoqooqmal: Women have been deprived from most of their elementary rights from the inception of the constitution, but in the past three decades they even were forbidden from education. For the past year, we established a group named “law and gender” which is supported by our Ministry and a few attorneys, and we have submitted the outcome research to the constitution committee and the head of the government. To rectify the shortcomings in our constitutions we have suggested a few points, one is equality of rights, elimination of all discriminations, and women participation in politics and other social strata.

Anwari: We receive and address complaints from women in various layers of the society in Afghanistan. These complaints are not rooted in our legal system nor in the Islamic laws, nevertheless they exixt in our society. Our constitution must have some transparent articles to address matters in violation of human rights.

Nazar: The most problematic matter in Afghanistan is our system of patriarch. For instance each man is allowed to have four wedded wives. Are you at this opportune moment trying to establish women’s role in this matter?

Hoqooqmal: Only 8% of girls are allowed to go to school. Thus, we believe that brutality against women is much more in depth. But most of the problems are really rooted in ignorance. There are certain rules that apply to polygamy, but unfortunately in our society they (men) only consider the personal benefits and dismiss what is unsuitable.

Nazar: How do you plan to conduct guidance and awareness in women so and ensure it is established in our constitution? Why the constitution does not address the role of men in family matters?

Husseini: Undesired traditions customary among people are the main elements of inequality between men and women in all aspects of life and that is not what Islam our legal system is all about. In article 54 (of constituion), it clearly stated that “marriages should be based on free will, acceptance and the consent of two parties” because due to the negative or undesirable traditions in our country we often see pre-arranged or forced marriages. Another matter that we would like to see incorporated within the constitution is education of women.

Anwari: When we talk of women we don’t just consider those who hold government positions, but all women and their rights in Afghanistan.

Nazar: In theory we all agree with women rights, but we see that in action men still beat women and there is marriage by Islamic laws where there is no way out for women?

Husseini: The constitution is a national pledge to organize all the laws of this country and all delegates will see to it that is established, and one of the most important matters is security and the lack of it, which prohibits the formation of any law. We have to have courts everywhere in the country and strong laws to abide by and where there is violation of rights, regardless of gender, the victims should be able to reclaim their rights. At the moment, women are reluctant to go to the court to claim their rights (frowned upon by the society) and that is the kind of awareness we have to invoke.

Nazar: How are you going to convince women of their entitlements and there is never any justification for a man to beat his wife or his sister?

Anwari: It is not possible to rectify all violations against women in one day, we need short and long term strategies one of them is legal guarantee for women’s right in our constitution. At the moment a woman cannot even leave her house in order to take a complaint to the court. So, we are thinking of establishing local centers where women can be heard. Thus, just to enlighten women is not sufficient, there are times that they have the awareness but the system opposes them. I think the awareness has to be conducted both for men to realize that their behavior towards wives and sisters is unacceptable.