Legal Researcher

Afghanistan ratified the Convention on the Elimination of All Forms of Discrimination Against Women (hereafter CEDAW) in 2003, and as such the Taliban (or de facto authorities) remain bound by state obligations under the Convention. Many of these decrees and directives are unequivocally contrary to state obligations under CEDAW, and others not explicitly targeting women and girls must be examined in further detail. The Special Coordinator’s assessment delivered in November 2023 described the importance of the de facto authorities’ adherence to their obligations under international treaties in developing a pathway to international engagement and recognition.
The impact of this patchwork of decrees and directives on women and girls can only be understood by examining their situation on the ground, how decrees and directives are implemented and enforced and which practices are effected by local de facto authorities. In this way, it is critical to examine not only the legal framework as it relates to CEDAW, and thus women’s rights, but also the actual situation for women and girls on the ground as per their rights and state obligations under CEDAW.
Given the systematic and institutionalized discrimination against women and girls currently in Afghanistan under the de facto authorities, it is critical to examine how their decrees, directives and practices impact the lives of Afghan women and stand against the rights of Afghan women and Afghanistan’s state obligations under CEDAW. 
Duties and Responsibilities:
Under the direct supervision of the WPS Programme Manager, the consultant will be responsible to research to catalogue the de facto authorities’ decrees, directives and practices as well as the situation of women on the ground (equality in fact and in results). This research will feed into a legal analysis of how situation of women on the ground and under the DFA legal framework measure against the rights of Afghan women and Afghanistan’s state obligations under CEDAW. 
The consultancy will be divided into two areas of work: (A) fixed deliverables related to analyzing Afghanistan’s CEDAW obligations; and (B) ongoing deliverables related to monitoring and analyzing the evolving context.
Undertake a desk review to compile (and where necessary, translate from Pashto/Dari to English) a list of all de facto authorities’ decrees and directives from 2014 to 2023. The parameters of decrees to be included will be determined jointly with UN Women and UNAMA. 
Provide advice and input, as requested, on legal analysis of compliance of decrees and directives with state obligations and women’s rights enshrined under CEDAW.