By Shayne R. Burnham
Impunity Watch Reporter, Asia

KABUL, Afghanistan – Afghan President Karzei has reportedly signed a law authorizing the rape of women and prohibits women to leave the home without a male relative.

The law legalizes a husband to rape his wife by not allowing her to refuse sex.  It also would legalize the marriage of girls from the age of nine and force a woman to wear makeup at the demand of her husband.  The new law applies only to minority Shi’ite family law, which makes up 15 percent of the population.

Legislator Sayed Hussain Alem Balkhi defends the new law, stating that the new civil law offers more freedoms.  “This bill stipulates lots of leniencies compared to the civic laws that have been around for 40 years.  For example, (under the new law) a Shi’ite woman can seek divorce if her husband is not able to feed her or he disappears for a long time.”  He further said, “A shi’ite woman can go out for medical treatment, to see her parents without the permission of her husband, while this freedom is not enshrined in the civic law.”

Critics claim that President Karzei signed the legislation in an effort to gain Shia votes in the upcoming election on August 20.  More significantly, they believe that the passage of the law is a step backwards in the progress towards democracy.

United Nations High Commissioner for Human Rights Navi Pillay said that the law was a “clear indication that the human rights situation in Afghanistan is getting worse not better.”

Women’s rights have vastly improved since the overthrow of the Taliban in 2001.  Under that regime, women were not allowed to work, attend school or leave the home without a male relative.

The United States has expressed concern about the new law.  State Department spokesman Robert Wood said, “We urge President Karzei to review the law’s legal statute to correct provisions of the law that limit or restrict women’s rights.”

For more information, please see:

Associated Press – Critics Assail Afghan Law that “Legalizes Rape” – 2 April 2009

CNN – New Afghan Law Might Legalize Rape – 2 April 2009

Reuters – Law for Shi’ites Stirs Anger and Concern – 2 April 2009