In Afghanistan, UNDP focused on providing legal services and improving legal awareness, especially in remote areas and via informal justice mechanisms, and in cooperation with the UN Assistance Mission in Afghanistan (UNAMA), civil society organizations (CSOs) and private defence lawyers. Capacitating women and engaging them as service providers and beneficiaries remained one of UNDP’s priorities in the country despite the extremely challenging environment.
Since the collapse of the Government and the Taliban takeover in August 2021, access to justice and legal aid services for the Afghan people, especially women, has become significantly more difficult. The problem is compounded by the deepening humanitarian and socioeconomic crises, as well as gaps in policy and regulatory frameworks and the low capacity of justice actors.
The achievements of over 20 past years to strengthen the justice system were negatively impacted. The drafted laws were no longer applicable, the organizational structure and capacity building system changed and, most importantly, female justice practitioners were prohibited from their work. Furthermore, male and female judges and prosecutors were no longer in the system as they have been replaced by new judges and prosecutors appointed by the de facto authorities, who were not necessarily qualified enough to hold those positions. In addition, the Afghanistan Independent Bar Association (AIBA) was demolished, and prosecutors’ authorities were restricted, thus rendering a huge negative impact on the justice system
As a result, legal aid services were provided to 764 vulnerable individuals (including 220 women). With UNDP’s support, CSOs and private defence lawyers organized awareness programmes on women's rights and conducted consultation sessions on related legal and Sharia Law issues. A total of 365 community leaders, traditional elders and religious scholars (including 86 women) increased their legal awareness in the southern region and Bamiyan Province. Moreover, consultative sessions were held with over 250 participants including independent religious scholars, academics, female students and Ulama councils in the southern region, and positive traditional justice practices were identified. Separate workshops were held for male and female participants. Hundreds of women participated in the sessions.
This pilot initiative highlighted the importance of the role of defence lawyers, including women defence lawyers, in the justice system. Through CSOs, UNDP supported female defence lawyers, enabling them to provide legal aid services (including counseling, consultation, documentation and representation) in Bamiyan, Herat and the southern region during 2022. Prior to launching the project, UNDP conducted a needs assessment to evaluate the state of legal aid and access to justice services in Bamiyan and Herat provinces.
Building on the lessons learned and the results of the pilot initiative, UNDP has developed a two-year project on women's access to justice which is expected to be launched in 2023.
In 2022, with the support of the UNDP Funding Windows, UNDP contributed to improving human security and fostering peace and development in local communities by shifting the focus towards building a narrative for peace, promoting social cohesion, resolving conflicts, securing the rights of women and reducing gender-based violence in Kabul, Herat and Balkh provinces. Through a series of training of trainers on conflict resolution, reconciliation and the formation of local conflict resolution committees in two districts of Herat province, 390 participants (including 176 women) showed an 83 percent increase in knowledge of the subject.
In Balkh province, a total of 5,162 community members (including 1,310 women) increased awareness on peace and dispute resolution through events organized by local support groups created by UNDP. These groups included Traditional Dispute Resolution (TDR) Committees, Local Youth Peace Driver Groups, Peace Talker Groups and Moving Enablers for Needers groups that supported men and women who were previously systematically ignored and brought them to justice through women’s TDR.
Under the flagship Afghanistan Area-Based Programme (ABADEI), UNDP provided legal counselling for over 1,226 people (including 637 women), with a focus on civil documentation, which is highly in demand in Afghanistan, especially in remote rural areas. In particular, ABADEI provided consultations on how to obtain birth certificates, marriage certificates, national IDs and death certificates. It also helped with inquiries about family and property law and provided legal awareness to more than 16,000 people (more than 50 percent were women) on civil and family law issues. Peer-to-peer justice networks were established and referred cases on family law (marriage certificate, child custody, dowry), inheritance and property law to the legal counselors.