- NAZO Deutschland e.V.
"Our" Mina, who works as a state prosecutor for the government, informs the students about their rights and obligations due to the new Afghan constitution. She discusses with them how these can be implemented in daily life.
"There are still double standards in our courts. We know that adultery is a criminal offense. In the eyes of the law, it carries the same penalty for both men and women. After all, the men have the money and pay bribes or they know certain people who will stand up for them. Since the society is led by men, they are released - no matter for what reasons - or they say that the pre-trial detention is sufficient for him - but the woman sits 5 years in prison."
The counseling courses are offered in all of the NAZO training centers:
- in the main house in Ahmad Shah Baba Meyna
- in the village Kamari (pictures above show the courses during 2017)
- in Najrab (village Ghazi Big Kheel)
In 2004, when the new constitution entered into force, it was celebrated as the "most progressive constitution of an islamic country" in the media. Prior to this there was a big argument whether it should be "Republic of Afghanistan" or "Islamic Republic of Afghanistan". Conservative forces could assert themselves and thus Afghanistan became an islamic republic, which specifies in article 3 of the constitutional law that "in the Islamic Republic of Afghanistan no law can conflict with the bases of Islam".
In other words: The religious Sharia right stays above state law in cases of dispute. (This is called Sharia caveat) And because according to Sharia there is no equality among men and women, one can ask oneself which value the article on gender equality has at all in the constitution.
In praxis it looks like this: The supreme court in Kabul, which has been staffed by religious conservative forces for many years now who do not take any interest in women's rights, decides on family law matters (anything related to women). This freedom conflicts with anything that was so far practised in Afghanistan in the past. Women's prisons are overcrowded. Due to the smallest 'moral' offenses, such as escape from forced marriage or from violent relationships, women are sentenced to several years imprisonment, while men often remain unpunished.