JALALABAD - Women’s views, experiences and practices of mediation processes and outcomes were discussed in two separate workshops in Afghanistan’s eastern provinces.

Supported by UNAMA, the workshops – in Nangarhar and Laghman provinces – brought together 50 women from diverse backgrounds including medical doctors, psycho-social counsellors, women rights activists, women lawyers, university teachers and students, housewives and women victims of violence against women.

In both workshops, participants discussed and provided their inputs on a range of discussion points including their understanding of the concept of mediation, and its advantages and disadvantages. The role of mediator – including their knowledge on national and international standards on human rights, their impartiality and whether they undertake mediations taking into consideration the victim centric approach – was also discussed. Participants also discussed a possible mechanism that would best protect their rights during mediation.

The workshops take place in the context of a recent UN report, Justice Through the Eyes of Afghan Women, that urged the strengthening of access to justice for women victims of violence in Afghanistan. Based on the individual experiences of Afghan women victims of violence, the report found that the majority of cases were brought to mediation.

The report pointed to a need for stronger mediation to make it more consistent and of a higher standard, and for its implementation to be closely monitored. At the same time, major crimes of violence against women must be prosecuted and adjudicated through the criminal justice process and not mediated, in accordance with Afghan laws and the country’s international human rights obligations.

A key message from the Nangarhar and Laghman workshops is that meaningful participation of victims and women mediators should be guaranteed in the mediation process to make it more gender responsive and victim-friendly, so that decisions are not imposed upon the victims.

According to one participant, women victims of violence have more confidence in women mediators. Their participation in the mediation process allows the survivor to be more open in providing sensitive information, thereby enabling the victim to make an informed decision.

Another participant pointed to the importance of mediators being knowledgeable about the Afghan Constitution, Islamic Sharia, human rights. Similarly, mediators should be educated, impartial, influential and acceptable to the parties involved in mediation. The participant noted that mediation sessions should be well-documented so that all parties shared the same understanding.

Among other recommendations to come out of the workshops is the desirability of having suitable guidance for women mediators and that mediators should have the power to implement their decisions. It was also seen as important to raise awareness among men and women in remote areas about the mediation process.

UNAMA is mandated to support the Afghan Government and relevant international and local non-governmental organizations to assist in the full implementation of the fundamental freedoms and human rights provisions of the Afghan Constitution and international treaties to which Afghanistan is a State party, in particular those regarding the full enjoyment by women of their human rights.