New Documents Show Canadian Officials Knew of Afghan "Rape Law" Prior to Enactment

By Sovereign Hager

Impunity Watch Reporter, North America

OTTAWA, Canada - Newly released documents show that Canadian diplomats knew about Afghanistan's Shiite family law, more commonly known as the "rape law", before it passed and did not inform the appropriate government officials.

The law in question gives Shiite husbands broad authority over their wives, effectively legalizing rape within marriage.  Canadian officials charged with monitoring human rights and democracy through the Canadian International Development Agency reportedly knew about the law in October of last year. The specific wording of the law was not known to the agency, however the lack of investigation into the proposed legislation is viewed as a serious failure.

 

Canadian Foreign Affairs Minister Lawrence Cannon (pictured above) was not informed about the proposed legislation.  

(Photo Courtesy of Canwest News)

New Democrat MP Paul Dewar said that someone should have been asking questions about the law.  He further stated that the Canadians were supposed to be "keeping an eye on human right".  He noted that Ottawa is the primary funding source for the Afghan human-rights commission.  "I would have thought if this had been noted to our officials they would have been on it immediately".

According to the released documents, Canadian officials had a hard time getting a hold of the legislation and getting it translated. Numerous attempts to meet with President Karzai were unsuccessful.  Canadian ambassador Ron Hoffman did not meet with Karzai until mid-april.  

As a response to the lack of a coordinated response to the proposed legislation, Ottawa has deployed a legal team to Kabul to help the Afghans assess legislation.  

Soraya Sobharang, a prominent member of the Afghanistan Independent Human Rights Commission, testified  before the committee that Western countries let down the women of Afghanistan. She stressed that Canada needs to be more vigilant about intervening on human-rights matters. 

The Afghan government is currently reviewing the law, but many advocates are not convinced that the provisions in question will be repealed.  Sobharang also worried that similar legislation would be introduced for the majority Sunni population. 

For more information, please see:

The Canadian Press - Documents Show that Canada Knew About Afghan Rape Law in Advance - 29 June 2009

Digital Journal - Rape Law: Canadian Diplomats Knew Of Afghan Law Before It Passed - 30 June 2009

Toronto Sun - Diplomats Knew of Afghan Rape Law - 30 June 2009