Opening Speech At Rights & Democracy’s Second International Conference On Family Law Reform And Women’s Rights In Muslim Countries

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Ben Rowswell
Chargé d’Affaires, Canadian Embassy
April 6, 2009

Dr. Samar, Deputy Minister, Members of Parliament, staff of the Government of Afghanistan, members of civil society, colleagues and friends.

I would like to thank Rights & Democracy for planning this event today.

Canadian support for Justice and Women’s Rights

This conference is very timely. Afghanistan is in the midst of a major debate on rights.

The debate is a necessary one. Every country must endeavour to reconcile the historical, social and religious traditions of its different communities with the vital obligations of the international human rights treaties it ratifies. Every country must allow some room for the expression of the traditions of its minority groups; but only in a way that fundamentally respects the essential rights of all individuals.

Canada is familiar with many aspects of these debates, at home and abroad. In countries around the world, the Government of Canada works with its partners to support systems of law that benefit citizens, protect their human rights and ensure the full and equal participation of all people, regardless of gender.

This includes the development of fair, accessible, and effective judicial institutions, which provide the guarantee that human rights will be respected. It includes working closely with women to support their equal involvement in these institutions, in their own communities and in society as a whole.

But it also includes helping develop the capacity of civil society to support respect for rights. Civil society is the bedrock on which institutions are built. It is in civil society that the debate over the appropriate mix of individual and community rights, and in which the common commitment to respecting one another’s rights is forged.

Canadian support for Justice and Women’s Rights in Afghanistan

There is no country in the world to which Canada is committing more effort, more resources, or more lives.

In the Afghanistan Compact, Canada has joined the Government of Afghanistan and the international community in rebuilding a state that operates for the benefits of its citizens, both men and women.

This commitment is reflected in one our six priorities for Afghanistan: to help advance democratic governance by supporting effective, accountable public institutions.

As part of this priority Canada is helping to strengthen justice institutions by providing training to judges, education on legal aid, and direct support to the Ministry of Justice.

We are also supporting the Afghanistan Independent Human Rights Commission to perform its important role of monitoring the respect for human rights in Afghanistan and promoting their advancement.

Key to all of Canada’s efforts is the impact it has on the lives of the people of Afghanistan, both men and women.

Support to Rights & Democracy

Rights & Democracy has been a part of this effort, dating back to 2002.

We are very proud to have had the opportunity to support this organization in its work to help address women’s human rights issues. Rights & Democracy has a long and distinguished history working to support human rights around the world.

And Rights & Democracy has made a difference in the lives of the people of Afghanistan. The Rights in Practice project helped introduce important reforms to the Standard Marriage Contract. The project has also provided significant support to the Family Law Drafting Committee in reviewing and modifying the Afghan Family Law to ensure that the articles respect women’s rights under Islamic law and comply with Afghanistan’s international legal obligations.

Shi’a Personal Status Law

Rights & Democracy has also played a central role on the personal status law that now dominates headlines around the world.

It has worked tirelessly to raise the awareness of legislators to the challenges in early drafts of the law. It organized meetings with Shi’a members of the National Assembly and the Shi’a Ulema Council to present recommendations and proposed amendments that could better achieve the goals of the drafters – to reinforce the identity of the minority Shi’a community – while still respecting Afghanistan’s international legal obligations.

Canada was greatly concerned last week when it was apparent that some of the more problematic provisions of the law may have been included when the law was approved. We are all too aware of the hardships women have suffered in Afghanistan, and aware of the challenges they continue to face.

Canada raised its concerns that certain provisions of the Shi’a Personal Status Law may be inconsistent with Afghanistan’s international legal obligations with regard to the equality of women before the law.

After all, Afghans expect their government to both promote and protect their human rights.

We noted positively President Karzai's announcement on April 4 of his intention to launch a process of clarification to ensure that Afghanistan continues to respect its international obligations.

This process provides an opportunity for afghan civil society. As I mentioned earlier, civil society plays an indispensable role in forging a national consensus on basic rights.

We urge Afghan civil society to bolster its engagement and advocacy on this important issue. No one can be more credible or more effective in lobbying for the rights of Afghans than Afghans themselves.

Afghans should know that they are not alone in this effort. Canada stands behind them, offering training, advice and any other support that you require.

With the support of a united international community, we are convinced that the leadership of Afghan civil society can accomplish great strides for human rights in this country.

Conclusion

Today’s conference on Family Law Reform and Women’s Rights is timely not only because it falls during a week when the attention of the world is directed to issues of family law in Afghanistan. It is also timely because it brings together civil society organizations that must play the leading role in resolving these issues.

And it is timely because it exposes Afghans to lessons learned from the experience of Shi’a family law in other Muslim countries, to learn how other nations have struck that essential balance for the protection of their citizens’ rights.

Thank you again for having me here today. I wish you all a fruitful discussion at today’s conference. I am sure that the outcome will prove useful as you move forward on the reform of family law in Afghanistan.