Afghanistan’s female lawyers are the latest target for the Taliban

28 Jan 2025 | Afghanistan, Asia and Pacific, News and features, Volume 53.04 Winter 2024

This article first appeared in Volume 53, Issue 4 of our print edition of Index on Censorship, titled Unsung Heroes: How musicians are raising their voices against oppression. Read more about the issue here. The issue was published on 12 December 2024.

After three years of Taliban rule, nobody really believed women could be erased further from public life in Afghanistan.

“But the Taliban found another way: they’ve restricted our voices and faces,” said Maryam, an Afghan legal scholar and journalist.

Maryam, who uses a pseudonym, was referring to the Taliban’s “vice and virtue” laws, which were passed in August and ban women from speaking, singing or showing their faces in public. If women break the rules, they – or their male relatives – face imprisonment.

Maryam spoke to Index in hushed tones over Signal from the relative safety of her living room in Afghanistan.

The new laws typify the rapid intensification of the Taliban’s crackdown, which has already seen women banned from parks, workplaces, schools and universities since it took power in August 2021. Once implemented monthly, harsh laws, decrees, house raids and arrests are now a daily occurrence.

“It’s a very intense attack on the dignity of humans and the dignity of women,” said Shaharzad Akbar, executive director of Afghan rights group Rawadari. “Before, there was some wiggle room, but it’s very scary because now it’s law, it’s out there and people are required to comply with it.”

The crackdown isn’t manifesting just through new laws.

“The Taliban have also been destroying institutions and putting new institutions in place to actually implement and carry out their vision of society,” said Akbar. She should know, having chaired the Afghan Independent Human Rights Commission before it was abruptly dismantled when the Taliban toppled Kabul.

At that time, Maryam was on the cusp of completing her legal training, having graduated from university, and working as an assistant lawyer in the country’s courts, often assisting on highly sensitive divorce and domestic violence cases that drew the ire of Taliban members.

After the takeover, the Taliban closed the country’s only bar association. All existing licences to practise law were revoked, putting lawyers out of work. Many like Maryam, who were still waiting for their licences to be formally approved, never received their documentation. As the Taliban filled the Ministry of Justice and the courts with its own lawyers, judges and prosecutors, Maryam’s chances of a legal career vanished.

Maryam was just a toddler when the Taliban was overthrown in 2001. Now 26 years old, she finds it hard speaking about the early “bad days” after the Taliban’s recent return to power and the subsequent unravelling of decades of progress on women’s rights.

She has relatives – mostly judges and their immediate families – who have managed to leave the country. Yet, like many Afghans, she’s not been deemed enough “at risk” to warrant evacuation. Instead, she’s focused on doing what she can while living under the constant threat of Taliban restrictions.

Through word of mouth, she established a homeschool teaching English to girls in her neighbourhood. It was one of the many underground schools that proliferated across Afghanistan after September 2021 when the Taliban issued a ban on girls over the age of 11 attending secondary school.

However, as rumours swirled about the rising number of secret schools, the authorities began doing door-to-door searches. She received messages over Telegram from Taliban fighters warning that she’d be thrown into jail if she didn’t stop “working against the regime”.

Maryam said she had no choice but to close the school.

“We already were in danger because of the position of my family in the justice system,” she said. “I didn’t want to make more danger for myself, my family or my students.”

In December 2022, the Taliban banned all Afghan women from attending university. Maryam’s husband, an engineer, was teaching at a local university, and he was devastated that his female students were being forced to give up their studies.

Under the most recent law, he faces losing his job if he leaves work to accompany Maryam anywhere. Without him, she’s forbidden from leaving the house.

The Taliban has created hundreds of positions for men to teach in gender-segregated religious schools – madrassas – across the country, while women with university degrees and teaching experience are forced to stay at home.

Rawadari – one of the few organisations that has maintained a network on the ground documenting violations of civil and political rights since the takeover – has been closely following the detrimental impact of the education ban on women’s and girls’ mental health across Afghanistan’s 34 provinces.

The overwhelming sense of ‘hopelessness’ is undeniable, said Akbar, who now lives in the UK in exile but still finds reports of what’s happening back home extremely difficult to hear.

“I think most of the girls believed this will be temporary and never imagined they would experience what their mothers had experienced,” she said. “They are depressed and they’re struggling to keep their hopes alive.”

Maryam continues to battle her own mental health struggles as a result of the restrictions, but has found some solace in working in the shadows as an online educator, mental health trainer, journalist and advocate.

However, as the internet and social media platforms are increasingly monitored by the Taliban and its spies, she has had to be more careful about her online interactions.

“I can’t trust who is safe and who is not,” she said. “There are women on Instagram and other places who are looking for women who are disobeying Taliban rule. For that reason, I don’t share anything about myself. They just hear my voice and the teachings I’m offering them. I’m scared and my colleagues are scared, but we go forward, do the job and provide teaching for those who need it.”

Unsilenced in exile

There is also growing momentum from Afghan women internationally to give their sisters inside the country a voice. One such woman is Qazi Marzia Babakarkhail, who became a judge in Afghanistan at 26 – the same age that Maryam is now.

Babakarkhail worked in the family courts, later setting up a small shelter for divorced women in Afghanistan and a school for Afghan refugees in Pakistan. Those initiatives were a lifeline to dozens of women, but they soon drew unwanted attention from the Taliban and she fled the country in 2008 after two assassination attempts.

Since moving to the UK, Babakarkhail has learnt English and now works as a caseworker for an MP near Manchester. As well as helping campaign for the evacuation of hundreds of female judges, she speaks daily to former colleagues and friends still trapped in Afghanistan.

Her advocacy earned her an invitation to an all-Afghan women’s summit held in Tirana, Albania, in September. It was the first time since the Taliban regained power that such a large group of Afghan women – more than 100 from across Europe, the USA, Canada and Afghanistan itself – had been given an international platform to discuss the rollback of women’s rights. They are so often excluded from conversations on Afghanistan’s future.

This marked a sharp contrast with a UN meeting held earlier in June in Doha, which was heavily criticised for inviting Taliban leaders and neglecting to bring Afghan women’s voices to the table.

Babakarkhail said the summit had opened ‘a new window of hope’ for Afghan women. Seeing women who defied the Taliban travel to Tirana reminded her of her own perilous journey and gave her hope for Afghanistan’s future.

“They are real activists because they are still fighting and still stay in Afghanistan,” she said. “Of course they do a lot of things silently, but they will go back. They know how to deal with the Taliban and they will keep silent. They made us proud.”

She is hopeful the summit – which discussed the unravelling human rights situation, the urgent need for humanitarian aid and international recognition of the Taliban’s mistreatment of women as “gender apartheid” – will provide the necessary wake-up call to the international community.

“We don’t want the United Nations or other countries to recognise the Taliban as a government,” she said. “This group is a stand against the Taliban and a stand for people in Afghanistan.”

Pushing for accountability

The international push for accountability, both at the International Criminal Court – which has an ongoing investigation into alleged crimes committed in Afghanistan – and the groundbreaking move to bring a gender persecution case against the Taliban at the International Court of Justice (ICJ) – are other signs that the dial may finally be shifting in Afghan women’s favour.

Akbar has been one of the leading voices campaigning to bring the case to the ICJ. Although she is appalled by what is happening to her motherland, she believes these judicial measures and the summit in Tirana will help ensure Afghan women’s voices are no longer silenced.

“We have a saying in Farsi,” said Akbar. “We say, ‘Drop by drop, you make a river.’ All of this will come together to become this river of hope and this river of defiance against the Taliban. The dream really is that we show the Taliban that the power of people everywhere in the world is with the women of Afghanistan and not with them.”

For Maryam, such developments are already reviving dreams that Afghan women’s rights and freedoms will one day be restored.

“I know that the suffering that women are enduring under the Taliban’s gender apartheid regime is unique,” she said.

She hopes the ongoing efforts, both by women like her inside the country and by those elsewhere in the world, will be enough.

“We are motivating and inspiring each other. We will win and the future will be ours – women’s.”