Disabilities & Discrimination in Afghanistan
By Penelope Xenou and Ainsley Gill, 6/22/2020
Veterans without Benefits: Disability Laws in Afghanistan
Afghanistan is home to a disproportionately high number of people with disabilities, largely as a result of over 40 years of war, violence, and conflict in the region. Unfortunately, the Afghan government has struggled to meet their needs and protect them from discrimination.
In late 2003, the government worked with the UN to develop and pass its first policy covering people with disabilities and their rights. The policy was largely influenced by current, developing, and pre-existing UN policies and legislation, including the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, the Biwako Millennium Framework for Action Towards an Inclusive, Barrier-Free and Rights-Based Society for Persons with Disabilities in Asia and the Pacific, and the then draft of the Convention on the Rights of Persons with Disabilities. This legislation set many goals, including “increasing public education and awareness about disability as a human rights and development issue and the need for disability sensitive terminology, the development of a comprehensive national rehabilitation policy, the development of a single education system to meet the needs of all learners within an inclusive environment and address the high illiteracy rate among persons with disabilities, a comprehensive national employment strategy to address the employment needs of persons with disabilities, creating barrier-free access in the urban environment, and integrated data collection on statistics and research on disability in Afghanistan,” as summarized by the Human Rights Watch. Afghanistan continued to expand its legislative commitment to those with disabilities by including provisions within the Constitution promoting inclusion within society and government, by ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol in 2012, and by passing the Law on Rights and Privileges of Persons with Disabilities, outlawing discrimination in 2013.
Despite all of these efforts on paper, Human Rights Watch reports that “progress on these objectives has been extremely limited.” Today, those with disabilities receive little financial and social support from the government. Legally, those with disabilities who qualify for financial assistance (i.e. a stipend) are divided into three categories created by the government: military officials, civil servants, and civilians whose disability was due to conflict. Others with a disability, whether they were born with it or acquired in a non-conflict related event do not qualify. So why is support for those with disabilities and progress on disability-related issues limited?
Economically, the government and area NGOs face a severe shortage of funds and are thus unable to meet the country’s massive need with their limited resources. Unfortunately, donor fatigue has further inhibited and decreased NGOs’ ability to help. The Monitor reports that, over the last decade, “funding decreased and many NGOs providing victim assistance and other services for persons with disabilities faced critical financial shortages. Due to the shortage of financial resources some provincial branches of NGOs ceased their victim assistance activities.” In Afghanistan, the government is financially and logistically unable to meet the needs of the over 800,000 citizens with disabilities and relies on the support and resources of NGOs to even make a dent in the extreme need of its people, so when that NGO support decreases, so does the ability of the government to care for its people.
Politically, corruption within the government has presented a barrier to progress and further support for those with disabilities. Transparency International, which measures citizens’ views of government corruption, ranks Afghanistan consistently among the top 5 corrupt nations in the world. Corruption is the top concern of people in Afghanistan, according to a UN survey, and its effects on the government and lives of the Afghani people is enormous. The U.S. Department of Defense Joint Chiefs of Staff determined that “corruption alienates key elements of the population, discredits the government and security forces, undermines international support, subverts state functions and rule of law, robs the state of revenue, and creates barriers to economic growth.” This corruption often redirects government attention and policymaking and prevents those with disabilities from getting the support that they were legally promised.
In late 2003, the government worked with the UN to develop and pass its first policy covering people with disabilities and their rights. The policy was largely influenced by current, developing, and pre-existing UN policies and legislation, including the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, the Biwako Millennium Framework for Action Towards an Inclusive, Barrier-Free and Rights-Based Society for Persons with Disabilities in Asia and the Pacific, and the then draft of the Convention on the Rights of Persons with Disabilities. This legislation set many goals, including “increasing public education and awareness about disability as a human rights and development issue and the need for disability sensitive terminology, the development of a comprehensive national rehabilitation policy, the development of a single education system to meet the needs of all learners within an inclusive environment and address the high illiteracy rate among persons with disabilities, a comprehensive national employment strategy to address the employment needs of persons with disabilities, creating barrier-free access in the urban environment, and integrated data collection on statistics and research on disability in Afghanistan,” as summarized by the Human Rights Watch. Afghanistan continued to expand its legislative commitment to those with disabilities by including provisions within the Constitution promoting inclusion within society and government, by ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol in 2012, and by passing the Law on Rights and Privileges of Persons with Disabilities, outlawing discrimination in 2013.
Despite all of these efforts on paper, Human Rights Watch reports that “progress on these objectives has been extremely limited.” Today, those with disabilities receive little financial and social support from the government. Legally, those with disabilities who qualify for financial assistance (i.e. a stipend) are divided into three categories created by the government: military officials, civil servants, and civilians whose disability was due to conflict. Others with a disability, whether they were born with it or acquired in a non-conflict related event do not qualify. So why is support for those with disabilities and progress on disability-related issues limited?
Economically, the government and area NGOs face a severe shortage of funds and are thus unable to meet the country’s massive need with their limited resources. Unfortunately, donor fatigue has further inhibited and decreased NGOs’ ability to help. The Monitor reports that, over the last decade, “funding decreased and many NGOs providing victim assistance and other services for persons with disabilities faced critical financial shortages. Due to the shortage of financial resources some provincial branches of NGOs ceased their victim assistance activities.” In Afghanistan, the government is financially and logistically unable to meet the needs of the over 800,000 citizens with disabilities and relies on the support and resources of NGOs to even make a dent in the extreme need of its people, so when that NGO support decreases, so does the ability of the government to care for its people.
Politically, corruption within the government has presented a barrier to progress and further support for those with disabilities. Transparency International, which measures citizens’ views of government corruption, ranks Afghanistan consistently among the top 5 corrupt nations in the world. Corruption is the top concern of people in Afghanistan, according to a UN survey, and its effects on the government and lives of the Afghani people is enormous. The U.S. Department of Defense Joint Chiefs of Staff determined that “corruption alienates key elements of the population, discredits the government and security forces, undermines international support, subverts state functions and rule of law, robs the state of revenue, and creates barriers to economic growth.” This corruption often redirects government attention and policymaking and prevents those with disabilities from getting the support that they were legally promised.
Compounding the Disability Divide
To be a woman in Afghanistan means a higher likelihood of experiencing domestic abuse, marriage immediately after secondary school and the denial of fundamental human rights. To be disabled in Afghanistan means a lower likelihood of attending school, enjoying basic healthcare and employment opportunities. To be a part of both demographics foreshadows a life of hardships.
40 years of war have left more than one million Afghans suffering from various disabilities. One in five Afghan households includes a family member with a “severe” disability, while two in five have “some” disability. 1.5 million Afghans have either a partial or total loss of vision; half the population aged 15 or older experienced depression, anxiety or post-traumatic stress. Owing to poverty, domestic violence, widespread lawlessness, insecurity and social marginalization, women suffer the disproportionately higher burden of mental health conditions.
However, apart from bearing the cost of the disabilities themselves, female victims have to face an external and steep obstacle: stigma. Indeed, disabled girls and women experience intersecting forms of discrimination in a male-dominated society where gender bias and violence constitute the norm, rather than the exception. Often perceived as a burden, they are social pariahs. They are humiliated in public, mistreated by their families, and are at an overall higher risk of sexual harassment. However, suffering injuries can drastically change a woman’s life in a more personal sense: they are frequently rejected by potential partners since they are no longer perceived as “useful” for house chores. Thus, they can hardly hope for ever becoming independent from their families, let alone build their own. Treatment, work, education, transportation, politics, social interaction: these are the core rights of which disabled female Afghans directly or indirectly are stripped.
First and foremost, access to health services is not guaranteed. In rural Afghanistan, one is considered lucky if he or she manages to reach a hospital or clinic, since the majority of medical centers are in urban areas and out of reach. Traveling to obtain the much-needed services is a long journey, which poverty, poor quality roads and danger only complicate. For male patients the journey is treacherous and laborious. Thus, for females, making the long trip would be nothing short of a miracle. Widespread gender segregation and deeply rooted conservative preconceptions impel the families’ decision makers to bar women from accessing care from male professionals. Undoubtedly, the number of male professionals greatly outnumbers the female ones. However, such sexist widespread notions complicate women’s lives even further. She is only allowed to make the distance to the clinic if a male relative (“mahram”) accompanies her.
However, even if a woman overcomes the cultural barriers constraining her inside the “protected” home area, she would also have to face the obstacles established by the inadequately equipped external environment. Bus systems without modified services, inoperable elevators and a lack of ramps as well as wheelchair-accessible toilets in public buildings only isolate disabled women further. For them, transportation is not a given.
But hope dies last, right? Well, the harsh reality they are faced with does not leave them with much room for dreams or better prospects. An Afghan woman with an education could stand a chance in the male-dominated society, but a disabled one cannot nurse that hope. 80% of girls with disabilities are not enrolled in schools, despite disabled children having a legal right to inclusive education on equal basis with other peers. Resistance from schools to accommodate them and reluctance from families to send them, coupled with the absence of dedicated transportation and lack of specialized assistants, leave the majority of disabled children excluded from the education system. For girls with disabilities, access to education is also hindered by stigma, which deters their families from permitting them to attend school out of embarrassment for them.
The grim reality is that independence and autonomy are words unknown to disabled women. Employment rates speak to these limitations. 90% of persons with disabilities are unemployed. Even in the political spectrum, they have no say. That is, a large majority of them have not acquired a national identity card (“taskera”), without which it is impossible to vote in local and national elections. As a result of lack of registration cards and inaccessibility of polling stations, in 2013 an alarming 67% of persons with disabilities had not voted.
The true plight of women with disabilities, however, is sexual harassment. A 2016 study found that 90% of 346 women interviewed had experienced sexual harassment in public places, education environments and workplaces. Aside from criminalizing the act, administrations have not shown any political will to effectively solve this tragic problem, given that most reported cases of abuse haven’t been investigated.
Government support to people with disabilities is only constrained to a small stipend which is available only to those whose disability is a result of a conflict-related incident. Therefore, it is evident that the topic of disabilities, despite its gravity in the country, takes a back seat in the Afghan political agenda. A comprehensive review of legislation must be implemented that all persons with disabilities without exception be entitled to financial assistance, that public awareness of disability and mental health be increased and, lastly, that the scourge of sexual harassment be seriously addressed. Women with disabilities only want the simplest request, which has not yet been granted: equality.
40 years of war have left more than one million Afghans suffering from various disabilities. One in five Afghan households includes a family member with a “severe” disability, while two in five have “some” disability. 1.5 million Afghans have either a partial or total loss of vision; half the population aged 15 or older experienced depression, anxiety or post-traumatic stress. Owing to poverty, domestic violence, widespread lawlessness, insecurity and social marginalization, women suffer the disproportionately higher burden of mental health conditions.
However, apart from bearing the cost of the disabilities themselves, female victims have to face an external and steep obstacle: stigma. Indeed, disabled girls and women experience intersecting forms of discrimination in a male-dominated society where gender bias and violence constitute the norm, rather than the exception. Often perceived as a burden, they are social pariahs. They are humiliated in public, mistreated by their families, and are at an overall higher risk of sexual harassment. However, suffering injuries can drastically change a woman’s life in a more personal sense: they are frequently rejected by potential partners since they are no longer perceived as “useful” for house chores. Thus, they can hardly hope for ever becoming independent from their families, let alone build their own. Treatment, work, education, transportation, politics, social interaction: these are the core rights of which disabled female Afghans directly or indirectly are stripped.
First and foremost, access to health services is not guaranteed. In rural Afghanistan, one is considered lucky if he or she manages to reach a hospital or clinic, since the majority of medical centers are in urban areas and out of reach. Traveling to obtain the much-needed services is a long journey, which poverty, poor quality roads and danger only complicate. For male patients the journey is treacherous and laborious. Thus, for females, making the long trip would be nothing short of a miracle. Widespread gender segregation and deeply rooted conservative preconceptions impel the families’ decision makers to bar women from accessing care from male professionals. Undoubtedly, the number of male professionals greatly outnumbers the female ones. However, such sexist widespread notions complicate women’s lives even further. She is only allowed to make the distance to the clinic if a male relative (“mahram”) accompanies her.
However, even if a woman overcomes the cultural barriers constraining her inside the “protected” home area, she would also have to face the obstacles established by the inadequately equipped external environment. Bus systems without modified services, inoperable elevators and a lack of ramps as well as wheelchair-accessible toilets in public buildings only isolate disabled women further. For them, transportation is not a given.
But hope dies last, right? Well, the harsh reality they are faced with does not leave them with much room for dreams or better prospects. An Afghan woman with an education could stand a chance in the male-dominated society, but a disabled one cannot nurse that hope. 80% of girls with disabilities are not enrolled in schools, despite disabled children having a legal right to inclusive education on equal basis with other peers. Resistance from schools to accommodate them and reluctance from families to send them, coupled with the absence of dedicated transportation and lack of specialized assistants, leave the majority of disabled children excluded from the education system. For girls with disabilities, access to education is also hindered by stigma, which deters their families from permitting them to attend school out of embarrassment for them.
The grim reality is that independence and autonomy are words unknown to disabled women. Employment rates speak to these limitations. 90% of persons with disabilities are unemployed. Even in the political spectrum, they have no say. That is, a large majority of them have not acquired a national identity card (“taskera”), without which it is impossible to vote in local and national elections. As a result of lack of registration cards and inaccessibility of polling stations, in 2013 an alarming 67% of persons with disabilities had not voted.
The true plight of women with disabilities, however, is sexual harassment. A 2016 study found that 90% of 346 women interviewed had experienced sexual harassment in public places, education environments and workplaces. Aside from criminalizing the act, administrations have not shown any political will to effectively solve this tragic problem, given that most reported cases of abuse haven’t been investigated.
Government support to people with disabilities is only constrained to a small stipend which is available only to those whose disability is a result of a conflict-related incident. Therefore, it is evident that the topic of disabilities, despite its gravity in the country, takes a back seat in the Afghan political agenda. A comprehensive review of legislation must be implemented that all persons with disabilities without exception be entitled to financial assistance, that public awareness of disability and mental health be increased and, lastly, that the scourge of sexual harassment be seriously addressed. Women with disabilities only want the simplest request, which has not yet been granted: equality.
