Taliban's new marriage separation decree draws UN criticism

KABUL:

The Taliban government's new decree governing the separation of spouses "reinforces systemic discrimination" and erodes the rights of Afghan women and girls, the United Nations said on Thursday.

Published in mid-May, the 31-article code sets out various grounds for separation in Afghanistan, including a husband's prolonged disappearance, "incompatibility" between couples, renunciation of Islam and "failure on the part of the husband".

The decree, which appeared in the country's Official Gazette, also states that marriage contracts drawn up by relatives "on behalf of a minor boy or girl" can be annulled, which suggests child marriage is permitted in Afghanistan, according to the UN.

In most cases, the procedures for women seeking a separation are more complicated than those for men.

The document, approved by Supreme Leader Hibatullah Akhundzada, "is part of a broader and deeply concerning trajectory in which the rights of Afghan women and girls are being eroded", said Georgette Gagnon, deputy special representative of the UN secretary-general.

It "further entrenches systemic discrimination in law and practice", the UN statement said, adding that women and girls are denied "autonomy, opportunities and access to justice".

The UN's Afghanistan mission (UNAMA) said that following a decree issued in 2021 in which the Taliban authorities had "recognised certain rights for women, including women's consent to marriage", subsequent legislation has ultimately eroded those protections. Article 5 of the decree has drawn widespread criticism.