By Helen Dosky

The Ham Diley Campaign, together with Monash Law Clinics held an event for International Women’s Day in March to celebrate the courage of the brave women of Iran and Afghanistan. The Campaign is a volunteer initiative created by three human rights lawyers in response to the Taliban’s violent return to power in Afghanistan and supported by students at the Monash Afghanistan Support Clinic. Since the event, it has almost been one year since the protests in Iran began, sparked by the premature death of Jina Mahsa Amini. Many parallels exist between the treatment of women and girls by the Taliban in Afghanistan and the regime in Iran, and the focus of the event was to highlight the segregation and subjugation of women in both countries, which has crystallised in a global campaign for the recognition of gender apartheid as an international crime. 

Iran 

The death of the young Kurdish woman Jina Amini in police custody over an improperly fashioned hijab sparked violent protests across the country, beginning in Jina’s home city of Saqqez. It was only after the 1979 revolution that the hijab was mandated for all women and girls. Between 1936 to 1941, in an attempt to ‘modernise’ the country, it was in fact banned from being worn. As underlined by one of the speakers at the Ham Diley Campaign event, it becomes obvious that the issue is not with the hijab or lack thereof, but it being used as a vehicle by the Iranian regime to oppress, subjugate, and control women. 

Jina was arrested by the so-called ‘morality police’ established after the 1979 revolution. As evidenced by Jina’s case and many others, the ‘morality police’ has employed cruel methods of punishment to enforce the strict dress code. Rights that women previously enjoyed in Iran, such as applications for divorce and freedom of movement, were also undermined after the revolution.

As a young Kurdish woman Jina’s circumstances were further compounded by the long history of oppression faced by the Kurdish ethnic minority both before and after the 1979 revolution. Even her name, Jina (meaning life or to live, in Kurdish) could not be formally registered in Iran as only Persian or Islamic names are permitted, displaying the simple resistance of using her Kurdish name; the name her mother called her. 

Additionally, most Kurds in Iran are Sunni Muslims (whereas the Iranian regime adopts Shi’a Islam) and therefore also face prejudice by the regime on the basis of religion. In 2008, a Kurdish Cleric was imprisoned and tortured for 13 days after giving a Friday prayer sermon. The targeting of Kurdish people by the Iranian regime is constant and ongoing; Jina’s death was no accident. 

Protestors in Iran can be seen chanting “Jin, Jiyan, Azadi”, translating to “Women, Life, Freedom” and this slogan must give credit to her Kurdish heritage, as that is where the slogan originated from. The fact that this slogan was translated and popularised into Persian hints at another attempt to suppress the Kurdish identity. The slogan was popularised in 2015 by Kurdish women fighting against ISIS, as the word for ‘life’ in Kurdish, Jiyan, comes from the word ‘women’, Jin, and freedom cannot be granted where women are oppressed. As a young Kurdish woman myself, the death of Jina had an indescribable impact on me, as the only thing separating me from a similar fate was the random chance of being born in Australia. 

Afghanistan

In Afghanistan, the lives of women and girls underwent a complete upheaval after the Taliban’s violent return in August 2021. This was powerfully underlined by speakers at the Ham Diley Campaign event who referred to their own lived experience and that of their families. This includes the  banning of women and girls from education and work. Their lives are also heavily restricted in other ways, for example, they cannot travel far without a male guardian, and are ordered to remain inside their homes. They are also prohibited from entering public and amusement parks, gyms, or bathhouses, where many women who did not have access to hot water or bathing facilities previously went. Women report feeling invisible and suffocated, with many being unable to access medical aid or psychological support. A strict dress code is also imposed. Like in Iran, a form of ‘morality police’ has been established, checking the clothing of women and girls even under their burqas.

Any form of resistance against the Taliban is met with brutality. In a show of solidarity, Kabul professor Ismail Mashal tore up his academic certificates on live television in protest of the education ban, and was later arrested by the Taliban. His whereabouts remain unknown. 

Sexual violence against women is at an all-time high; women are found dead on the streets with indications of being sexually abused, others are taken in broad daylight and raped. Forced and child marriages are increasing at alarming rates, worsened by the economic and humanitarian crisis.

Women are specifically targeted by the Taliban, especially women with intersecting identities, such as Hazara women who are often targeted on a combination of gender, ethnicity and religion. The Hazara people have suffered a long history of persecution in the country, including slavery, massacres, and genocide. In the 19^th century, more than 60% of Hazaras were massacred or displaced, and now the Taliban continue to persecute more. The frequent killings of Hazara men have left many Hazara women and children left without a male guardian, rendering them at much higher risk of starvation as they have no way to support their families. 

Gender apartheid

The gender-based segregation and subjugation that is strongly illustrated in the two countries has led to a global call by women of Iran and Afghanistan to ‘end gender apartheid today’. Gender apartheid is the systematic discrimination against a person because of their gender or sex; a war on women. It includes a system of government and laws that systemically erases and excludes women from public life. 

Although gender apartheid is not a crime under international law, the above-mentioned global call to action pushes for its recognition as such. Undoubtedly, the laws in Iran and Afghanistan are an attempt to systematically exclude and persecute women, subjugating their status in society which appear to contain elements of the crime of apartheid. Indeed, the UN Special Rapporteur on Afghanistan, Richard Bennett, has stated that the cumulative effects of these restrictions placed on women and girls are ‘tantamount to gender apartheid’.  

Yet, as mentioned, their treatment cannot currently be recognised as gender apartheid under international law as the elements of the crime of apartheid concerns racial subjugation and segregation. The crime of apartheid is recognised as a crime against humanity under both the stand-alone Apartheid Convention and theRome Statute of the International Criminal Court. It requires that the inhumane acts which might otherwise fall under other crimes against humanity are committed in a context of an institutionalised regime of systematic oppression and with the intent to assert domination over a group to maintain that regime. However, both the context and the intent limit its application to race, explained by its emergence and application in response to the racial segregation and subjugation in South Africa.

Another crime against humanity, that of persecution, does cover the persecution and deprivation of fundamental rights by reason of gender. However, this definition does not sufficiently capture the deteriorating situation of women in Iran and Afghanistan described above which is illustrative of systems of complete segregation of women in society. The call to action for the recognition of gender apartheid as an international crime is driven by women from both Iran and Afghanistan. The systematic and structural violation of their rights is taking place with impunity and with the eyes of the world watching. To end it, the international community must first recognise this treatment for what it is. 

As Prof Karima Bennoune (former UN Special Rapporteur on cultural rights) has convincingly argued, there are many reasons why the international framework ought to be adapted in the fight against gender apartheid. This includes the symbolic significance of recognising gender apartheid as an international crime which can generate shame in a way the terms ‘discrimination’ or even ‘systematic discrimination’ cannot. According to Prof Bennoune, the mobilisation of shame acts as an important international law obedience tool by pressuring governments and international organisations to terminate engaging with these regimes, whilst simultaneously elevating the status of women in those countries in the international realm. The aim is for the international community to pressurise these regimes as occurred in South Africa. Failing to enact the crime of gender apartheid sends a message to both women in these countries and worldwide that their rights do not matter. 

The women of Iran and Afghanistan remain strong in the face of their attempted elimination. Protests in Iran continue, where both men and women voice their strong disapproval at the actions of the regime, and many are met with imprisonment and executions. In Afghanistan, although the situation seems almost impossible, resistance against the Taliban continues, credit to Afghanistan’s long history of defying anyone who invaded their lands; the graveyard of empires. To stand in solidarity with these brave women, the international community must embrace their call to action and recognise gender apartheid as an international crime. 

---

Helen Dosky is a final year Bachelor of Laws and Bachelor of Science student at Monash University and an alumna of the Monash Afghanistan Support Clinic.