The Women Judges of Afghanistan and their dedication to the rule of law

It likely comes as no surprise that presently, 70% of law graduates and just over half of the legal profession is female. One look at a typical Part II law lecture will tell you that the faculty is wholly different from what it comprised, perhaps even less than a decade ago. It is an absolute privilege to be able to attend law school, aspire for legal practice and beyond, yet we often forget how invaluable that opportunity is. However, in other parts of the world, women cannot afford to undervalue this privilege. For some; practising the law is their lifeline, their identity, their boldest assertion of human rights. I, of course, am referring to the women judges of Afghanistan. 

Since the Taliban reclaimed Kabul in August 2021, hundreds of female legal practitioners fled Afghanistan in fear for their safety and livelihood. Their unsettling rise to power witnessed the reversal of significant efforts to advance Afghanistan womens’ rights. Female representation reached new heights in the judiciary with 20% of  lawyers and 8% of judges identifying as women, prior to the Taliban’s arrival. 

For many women, their careers and livelihoods disappeared overnight, with no clarity as to whether there was any hope of reclaiming them in the future. An Afghan judge remarked in a recent public lecture hosted by the University of Auckland, Faculty of Law, “I don’t think it’s possible for me to go back. The Taliban will remain in Afghanistan. Their ideology is too deep-rooted.” The expedient and tireless work of the International Association of Women Judges (IAW) was instrumental in the evacuation, support and resettlement of Afghan women judges since 2021. Sympathetic to the needs of their fellow colleagues, women judges from around the world banded together and assumed a fierce advocacy role well beyond the standard expectations of their legal occupations. 

The rescue efforts manifested threefold into discrete stages: the final withdrawal of foreign troops, followed by multiple air evacuations and ongoing plans to respond quickly in the face of escalating conflict. IAWJ immediately campaigned for the rescue of Afghan women judges, appealing to the likes of international media outlets and state governments for greater support, but achieved little success. Only 30 of the 250 Afghan women judges were evacuated at this time, enabled by the self-directed initiative of female lawyers and judges who offered their assistance. Before safely boarding their official evacuation flights, these women were forced to endure numerous armed checkpoints, travel extensively with precarious food and water supplies and protect their young ones alone. On the flipside, IAWJ members stayed alert on 24-hour zoom calls to offer guidance and ease communication barriers. However, the remaining Afghan women left behind prompted persistent worry and anxiety in the following months. Through the valuable partnerships made with the International Bar Association, International Commission of Jurists Australia and Jewish Humanitarian Response, IAWJ succeeded in evacuating more women judges in the second stage. Aboard chartered planes, some 130 judges and their families safely escaped Afghanistan.  

However, to say that the work here is done would be a gross misgiving. There remain 54 female judges with families in Afghanistan, with the majority still forced to conceal their whereabouts for general safety. Whilst ongoing efforts to evacuate families one at a time are still underway, relocation is often limited to neighbouring countries with open borders. Securing more permanent places of residence remains a fraught process, with visa applications and other transit concerns spanning almost two years. Such delays prompt acute concern given the worsening impacts of Taliban rule on Afghan women. At present, women are barred from travelling more than 72 kilometres without a male chaperone, do not have eligibility for a driver’s licence and are confined to their homes as much as possible. Furthermore, women are restricted to wearing full body and face coverings when travelling outside. Education, despite being a strong source of empowerment for Afghan women in recent years, has been largely reimagined in the span of a few months. Women are now denied access to secondary and tertiary education, with many working professionals stripped of their academic qualifications as well. These human rights violations are simultaneously occurring against a backdrop of dire economic circumstances, acute poverty and unpredictable natural disasters. 

There is something very poignant about the struggle which unifies Afghan women, whether they find themselves waiting in transit destinations, currently undertaking retraining in their host countries, or still awaiting evacuation plans. Justice Glazebrook talked about the formidable courage and bravery of their Afghan colleagues every step of the way. While it may be easy to assume that the journey stops at the point of successful relocation and/or evacuation, the truth is that readjustment becomes a major separate undertaking altogether. For many Afghan judges, they are now facing the jarring reality of losing lifelong careers, thrust into speaking foreign languages and learning about unfamiliar jurisdictions to reclaim their expertise and be able to practise law again. However it is only with profound admiration and respect that I witness these Afghan women studying at our own University with the hopes of pursuing their passion for law again, with full confidence and assured safety. They remain an inspiration and a role-model for fiercely defending the rule of law - even those Afghan women from miles of oceans away.