Rape in Afghanistan is under-reported, concealed and “a human rights problem of profound proportions.” This was revealed by Norah Niland, the United Nation’s human rights representative in Afghanistan, at a 16-day activism conference against gender violence in Kabul.

Rape of women and children is rampant across all Afghan communities and social groups. The problem is propagated by the fact that the Afghan penal code contains no provision criminalizing rape. In March this year, Afghan president Hamid Karzai was accused of passing a bill which “legalizes” rape, to rally electoral support from Afghanistan’s minority Shia community. This law “negates the need for sexual consent between married couples” and tacitly approves child marriage. It is common for rape victims to be prosecuted for committing adultery. The under-reporting of cases can also be explained by the social attitude that it is more shameful to be a rape victim than the perpetrator.

Gender violence has also extended beyond rape to target women in public life. This is “an indicator that women’s roles in decision-making processes are not valued or fully acknowledged in Afghan society.” According to Niland, “democracy and peace in Afghanistan is dependent on the elimination of violence and the full participation of women...in decision-making processes that affect their lives and the future of the nation.”

Afghanistan is a deeply conservative Muslim society where religious and cultural laws often supersede civil laws. Although the situation has improved since the 2001 overthrow of the Taliban government, which instituted policies forbidding women from leaving their homes without a male relative, more needs to be done to prevent widespread gender violence. The United Nations has made recommendations for Afghan penal legislation to specifically address issues of rape.