Afghan leader orders changes to proposed domestic abuse law

Afghan President Hamid Karzai on Monday ordered changes to a draft of new criminal legislation in response to an international outcry warning it would severely limit justice for victims of domestic abuse.

Afghanistan's parliament had passed a new criminal procedure code that would ban relatives from testifying against alleged abusers.

While the legislation awaited signature from Karzai, human rights organizations and several of Afghanistan's Western allies — including the U.S. and European Union — voiced strong concerns it would effectively curb prosecutions involving violence against women, where relatives are often the only witnesses.

In a statement, Aimal Faizi, the presidential palace spokesperson, said the cabinet had decided that a new “Afghan criminal prosecution code won't come into force unless new amendments are made.”

Faizi added that Karzai was “well aware” of the criticism and decided at a Cabinet meeting Monday that the legislation must be changed.

He also suggested that there may have been issues with how that part of the legislation — Article 26 — was translated into English.

While the Ministry of Justice will decide on how to amend the text, Faizi stressed that the resulting legislation will be clear.

"This law will not bar any relative or any family member to testify against each other or another member of family," he told The Associated Press. "It will be up to them. They will have the freedom."

Manizha Naderi, executive director of Women for Afghan Women, said she was "absolutely thrilled" by the move.

"Our tireless advocacy for the last few weeks paid off," she said. "This is what we wanted — for the bill to go back to the Ministry of Justice for revision."

Speaking to Al Jazeera, Mir Agha, whose sister Setara was disfigured by her husband, said the initial draft of the law showed “little regard by the Afghan government for the nation’s women.”

It is not the first time the Afghan government has backtracked on a law in the wake of international criticism. In 2009, it was criticized for passing the Shia Family Law, which ended the need for a husband to gain consent from his wife for sex. Karzai would later amend the law, saying he had not read what he had earlier signed.

The U.S. Embassy called Karzai's order a "welcome response" to concerns raised by many.

"We look forward to the final passage of a criminal procedure code that protects the access to justice of all Afghans," it said in a statement.

And Heather Barr, a Human Rights Watch researcher, said it was "good news" that the government realized there was a serious problem with the code, but added in an email that she looks forward "to seeing the actual revision and will look closely to see whether it solves the problem."

Women in Afghanistan have won back many of the rights they lost during Taliban rule from 1996 to 2001, when the movement was ousted by American military force.

Under the Taliban, girls were barred from attending school and women were forced to stay indoors and cover their heads and faces with burqas.

Naderi told Al Jazeera that the original draft would have sent a signal to the Taliban, which is still operating in Afghanistan, showing them that the country was “getting ready” for their return to power.

There are fears that many of those freedoms may shrink as foreign forces depart by the end of this year.

 Al Jazeera and wire services