Maria Bashir
Encyclopedia
Maria Bashir is a prosecutor based in Afghanistan, who is the only woman to ever hold such a position in the country . With more than fifteen years of experience with Afghan civil service - the Talibans, corrupt policemen, death threats, failed assassination attempts - she has seen them all. She was banned from working during the Taliban period, when she spent her time schooling girls illegally at her residence, when it was illegal for women to be seen unescorted by men on the streets. Post Talibans, she was called back into service, and was made the Chief Prosecutor General of Herat
Province in 2006. With her main focus on eradicating corruption and oppression of women, she has handled around 87 cases in 2010 alone.
Recognising her work, the United States Department of State, presented her The International Women of Courage Award
which is awarded annually to women around the world who have shown leadership, courage, resourcefulness and willingness to sacrifice for others, especially for better promotion of women's rights, often at risk to their own lives. Bashir also featured in the 2011 Time 100
, an annual list of the 100 most influential people in the world composed by Time
.
and later underwent a year long training in Kabul as a prosecutor
.
. Bashir has 2 sons and a daughter. The eldest son studies in Germany
, and other two (Sajad and Yasaman) are being home schooled, as death threats directed at Bashir and her family make formal schooling difficult.
's office as a Criminal Investigator in Kabul
, and later in Herat
. Shortly after her move to Herat, in 1995, the Taliban occupied the city and stopped women from working. Bashir had to stay indoors, like other women, until 2001, when the American invasion enabled women to start working again, at which time she resumed her previous role as Criminal Investigator. The Taliban made it illegal for girls to read or work, ensuring that they remained dependent on men. Bashir started schooling them underground, at her residence, with students smuggling books and other items necessary for their studies inside shopping bags. She believed that the Taliban regime would fall, and wanted women to be ready to join the workforce when this happened. The Taliban were aware of her activities, and they summoned her husband twice to explain what she was doing.
, for a meeting with prosecutors from four provinces. Bashir was the only woman present. At the end of his speech, she questioned his policy to improve the Prosecutor's office, specifically in relation to allowing women to work there. The Attorney General expressed his approval on the latter, and expressed pleasure with her work as assistant prosecutor in the investigation into the death of the Afghan poet
and journalist
Nadia Anjuman
: wherein she had brought murder charges against Nadia's husband. Before leaving Herat later in the month, the Attorney General had appointed Bashir as the Chief Prosecutor General of the province.
of the country after Taliban rule. The then US Secretary of State
Condoleezza Rice
flew Bashir to Washington
to honour the progress. Bashir, however, was critical: stating that though the new constitution
provided equal rights to women, many judges still subscribed to the old Islamic Sharia Law
. After stating that the lack of freedom women have to choose their partners, she noted that while men are not tried for adultery, women were still being stoned to death for similar charges. Commenting on the biased divorce process and the way husbands win custody of children, she said women preferred suicide to the latter. Briefing more on the prevailing corruption issues in Afghanistan, she suggested a structural reorganisation, with an end to appointing people based on their ethnicity, as was being done by Hamid Karzai
. She also recommended that the anti corruption efforts can only be successful if they are coupled with salary increases for the public servants, as the meagre salaries that they receive now forces them to look 'elsewhere' to supplement them. She also showed her concern on the lack of enforcing power of the laws, which makes the legal system powerless.
on unescorted women in public places. This alarmed Bashir, who requested the state authorities to provide her security. But the state authorities paid no heed to her requests and later in 2007, a bomb exploded outside her home, around the time when her children would usually be playing outside. It was raining then, and hence her children were indoors. Seeing the threats to her life, the American government hired armed guards and provided her with an armed land cruiser. In an another incident, one of her body guards' sons was kidnapped and murdered, with the perpetrators mistaking him for Bashir's son. Events such as this forced Bashir's kids to take up home schooling which concerns Bashir for having been the reason for their not receiving formal schooling.
Herat
Herāt is the capital of Herat province in Afghanistan. It is the third largest city of Afghanistan, with a population of about 397,456 as of 2006. It is situated in the valley of the Hari River, which flows from the mountains of central Afghanistan to the Karakum Desert in Turkmenistan...
Province in 2006. With her main focus on eradicating corruption and oppression of women, she has handled around 87 cases in 2010 alone.
Recognising her work, the United States Department of State, presented her The International Women of Courage Award
International Women of Courage Award
The International Women of Courage Award is awarded annually by the United States Department of State to women around the world who have shown leadership, courage, resourcefulness and willingness to sacrifice for others, especially for better promotion of women's rights. The award was founded by...
which is awarded annually to women around the world who have shown leadership, courage, resourcefulness and willingness to sacrifice for others, especially for better promotion of women's rights, often at risk to their own lives. Bashir also featured in the 2011 Time 100
Time 100
Time 100 is an annual list of the 100 most influential people in the world, as assembled by Time. First published in 1999 as a result of a debate among several academics, the list has become an annual event.-History and format:...
, an annual list of the 100 most influential people in the world composed by Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
.
Early life and education
Bashir, the eldest child in her family, was a bright student right from her school days. She received encouragement from her late father to further her studies beyond school level, in a country that is very restrictive in its attitude towards women. When the entrance exams for her Graduate schooling required her to choose three options, she filled the application with 'Law' under all of them. The Minister for Higher Education, who screens and approves the applications, was impressed by her determination and approved her to study law. She graduated in 1994 with a four year course in Law at Kabul UniversityKabul University
Kabul University is located in Kabul, the capital of Afghanistan. It was founded in 1931 but officially opened for classes in 1932. Kabul University is currently attended by approximately 7,000 students, of which 1,700 are women. As of 2008, Hamidullah Amin is the chancellor of the university...
and later underwent a year long training in Kabul as a prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
.
Personal life
In 1996, after graduation, Bashir got married to a progressive man who runs an importation business based in China, and moved to his city, HeratHerat
Herāt is the capital of Herat province in Afghanistan. It is the third largest city of Afghanistan, with a population of about 397,456 as of 2006. It is situated in the valley of the Hari River, which flows from the mountains of central Afghanistan to the Karakum Desert in Turkmenistan...
. Bashir has 2 sons and a daughter. The eldest son studies in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, and other two (Sajad and Yasaman) are being home schooled, as death threats directed at Bashir and her family make formal schooling difficult.
Under the Talibans
After her training, Bashir started her career in the Attorney GeneralAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
's office as a Criminal Investigator in Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
, and later in Herat
Herat
Herāt is the capital of Herat province in Afghanistan. It is the third largest city of Afghanistan, with a population of about 397,456 as of 2006. It is situated in the valley of the Hari River, which flows from the mountains of central Afghanistan to the Karakum Desert in Turkmenistan...
. Shortly after her move to Herat, in 1995, the Taliban occupied the city and stopped women from working. Bashir had to stay indoors, like other women, until 2001, when the American invasion enabled women to start working again, at which time she resumed her previous role as Criminal Investigator. The Taliban made it illegal for girls to read or work, ensuring that they remained dependent on men. Bashir started schooling them underground, at her residence, with students smuggling books and other items necessary for their studies inside shopping bags. She believed that the Taliban regime would fall, and wanted women to be ready to join the workforce when this happened. The Taliban were aware of her activities, and they summoned her husband twice to explain what she was doing.
Back in the Prosecutors' Office
In September, 2006, the then Attorney General, regarded as a conservative, visited HeratHerat
Herāt is the capital of Herat province in Afghanistan. It is the third largest city of Afghanistan, with a population of about 397,456 as of 2006. It is situated in the valley of the Hari River, which flows from the mountains of central Afghanistan to the Karakum Desert in Turkmenistan...
, for a meeting with prosecutors from four provinces. Bashir was the only woman present. At the end of his speech, she questioned his policy to improve the Prosecutor's office, specifically in relation to allowing women to work there. The Attorney General expressed his approval on the latter, and expressed pleasure with her work as assistant prosecutor in the investigation into the death of the Afghan poet
Poet
A poet is a person who writes poetry. A poet's work can be literal, meaning that his work is derived from a specific event, or metaphorical, meaning that his work can take on many meanings and forms. Poets have existed since antiquity, in nearly all languages, and have produced works that vary...
and journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
Nadia Anjuman
Nadia Anjuman
Nadia Anjuman was an Afghan poet and journalist from Afghanistan.In 2005, while still a student at Herat University, she had her first book of poetry published, Gul-e-dodi which proved popular in Afghanistan, Pakistan and even nearby Iran...
: wherein she had brought murder charges against Nadia's husband. Before leaving Herat later in the month, the Attorney General had appointed Bashir as the Chief Prosecutor General of the province.
Criticism on the new Afghan constitution
Bashir's appointment was welcomed by the then US Government as significant progress in its WesternizationWesternization
Westernization or Westernisation , also occidentalization or occidentalisation , is a process whereby societies come under or adopt Western culture in such matters as industry, technology, law, politics, economics, lifestyle, diet, language, alphabet,...
of the country after Taliban rule. The then US Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...
flew Bashir to Washington
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
to honour the progress. Bashir, however, was critical: stating that though the new constitution
2003 Loya jirga
A 502-delegate loya jirga convened in Kabul, Afghanistan, on December 14, 2003, to consider the proposed Afghan Constitution. Originally planned to last ten days, the assembly did not endorse the charter until January 4, 2004. As has been generally the case with these assemblies, the endorsement...
provided equal rights to women, many judges still subscribed to the old Islamic Sharia Law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. After stating that the lack of freedom women have to choose their partners, she noted that while men are not tried for adultery, women were still being stoned to death for similar charges. Commenting on the biased divorce process and the way husbands win custody of children, she said women preferred suicide to the latter. Briefing more on the prevailing corruption issues in Afghanistan, she suggested a structural reorganisation, with an end to appointing people based on their ethnicity, as was being done by Hamid Karzai
Hamid Karzai
Hamid Karzai, GCMG is the 12th and current President of Afghanistan, taking office on 7 December 2004. He became a dominant political figure after the removal of the Taliban regime in late 2001...
. She also recommended that the anti corruption efforts can only be successful if they are coupled with salary increases for the public servants, as the meagre salaries that they receive now forces them to look 'elsewhere' to supplement them. She also showed her concern on the lack of enforcing power of the laws, which makes the legal system powerless.
Assassination attempts
Bashir's appointment was not taken well by the fanatics, for her being a woman. Added to it were the anti corruption activities and her emboldening the women victims of domestic abuse to take their husbands to court. She started receiving telephonic threats, calling for her resignation. Some Herat based clerics also issued a fatwaFatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
on unescorted women in public places. This alarmed Bashir, who requested the state authorities to provide her security. But the state authorities paid no heed to her requests and later in 2007, a bomb exploded outside her home, around the time when her children would usually be playing outside. It was raining then, and hence her children were indoors. Seeing the threats to her life, the American government hired armed guards and provided her with an armed land cruiser. In an another incident, one of her body guards' sons was kidnapped and murdered, with the perpetrators mistaking him for Bashir's son. Events such as this forced Bashir's kids to take up home schooling which concerns Bashir for having been the reason for their not receiving formal schooling.