Maria Bashir
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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 Taliban, 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. In the post-Taliban era, she was called back into service, and was made the Chief Prosecutor General of
Herat Herāt (; Persian: ) is an oasis city and the third-largest city of Afghanistan. In 2020, it had an estimated population of 574,276, and serves as the capital of Herat Province, situated south of the Paropamisus Mountains (''Selseleh-ye Safēd ...
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 The International Women of Courage Award, also referred to as the U.S. Secretary of State's International Women of Courage Award, is an American award presented annually by the United States Department of State to women around the world who have ...
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 (often stylized as ''TIME'' 100) is an annual listicle of the 100 most influential people in the world, assembled by the American news magazine ''Time''. First published in 1999 as the result of a debate among American academics, po ...
, an annual list of the 100 most influential people in the world composed by
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
.


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 University Kabul University (KU; prs, دانشگاه کابل, translit= Dāneshgāh-e-Kābul; ps, د کابل پوهنتون, translit=Da Kābul Pohantūn) is one of the major and oldest institutions of higher education in Afghanistan. It is in the 3rd ...
and later underwent a year-long training in Kabul as a
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
.


Personal life

In 1996, after graduation, Bashir married the owner of an import business based in China, and moved to his city,
Herat Herāt (; Persian: ) is an oasis city and the third-largest city of Afghanistan. In 2020, it had an estimated population of 574,276, and serves as the capital of Herat Province, situated south of the Paropamisus Mountains (''Selseleh-ye Safēd ...
. Bashir has two sons and a daughter. The eldest son studies in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, 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 Taliban

After her training, Bashir started her career in the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
's office as a Criminal Investigator in
Kabul Kabul (; ps, , ; , ) is the capital and largest city of Afghanistan. Located in the eastern half of the country, it is also a municipality, forming part of the Kabul Province; it is administratively divided into 22 municipal districts. Acco ...
, and later in
Herat Herāt (; Persian: ) is an oasis city and the third-largest city of Afghanistan. In 2020, it had an estimated population of 574,276, and serves as the capital of Herat Province, situated south of the Paropamisus Mountains (''Selseleh-ye Safēd ...
. Shortly after her move to Herat, in 1995, the
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
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
Herat Herāt (; Persian: ) is an oasis city and the third-largest city of Afghanistan. In 2020, it had an estimated population of 574,276, and serves as the capital of Herat Province, situated south of the Paropamisus Mountains (''Selseleh-ye Safēd ...
, 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 A poet is a person who studies and creates poetry. Poets may describe themselves as such or be described as such by others. A poet may simply be the creator ( thinker, songwriter, writer, or author) who creates (composes) poems (oral or writte ...
and
journalist A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
Nadia Anjuman Nadia Anjuman ( fa, نادیا انجمن; December 27, 1980 – November 4, 2005) was a poet from Afghanistan. Life Nadia Anjuman Herawi was born in Herat in northwestern Afghanistan in 1980. She was one of six children, raised during one of A ...
: 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
Westernization Westernization (or Westernisation), also Europeanisation or occidentalization (from the ''Occident''), is a process whereby societies come under or adopt Western culture in areas such as industry, technology, science, education, politics, economi ...
of the country after
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
rule. The then
US Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
Condoleezza Rice Condoleezza Rice ( ; born November 14, 1954) is an American diplomat and political scientist who is the current director of the Hoover Institution at Stanford University. A member of the Republican Party, she previously served as the 66th Uni ...
flew Bashir to
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
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 Hamid Karzai (; Pashto/ fa, حامد کرزی, , ; born 24 December 1957) is an Afghan statesman who served as the fourth president of Afghanistan from July 2002 to September 2014, including as the first elected president of the Islamic Repub ...
. 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
fatwa A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist i ...
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 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.


See also

*
First women lawyers around the world This is a list of the first women lawyer(s) and judge(s) in each country. It includes the year in which the women were admitted to practice law (in parentheses). Also included are the first women in their country to achieve a certain distinction su ...


References

{{DEFAULTSORT:Bashir, Maria Women lawyers Afghan lawyers 1970 births Living people Afghan women's rights activists Recipients of the International Women of Courage Award