The Saturday Profile: Maria Bashir, Afghan Prosecutor, Faces New Line of Attack Over Her Pursuit of ‘Moral Crimes’

MARIA BASHIR, the only woman serving as chief prosecutor in any of Afghanistan’s 34 provinces, does more than just walk the line between the progressive and the conservative — she has, uncomfortably, come to personify it.

Ms. Bashir, 42, is used to personal and even physical attacks from traditionalists because of her role as one of the country’s most senior female public officials and her work promoting women’s rights.

The outside world recognizes the ideal she represents as well as the dangers. Last year, in Washington, Michelle Obama and Secretary of State Hillary Rodham Clinton lauded her with a State Department International Women of Courage award.

“For uneducated men, but also even educated men, it is still very difficult to accept that a woman should be in a position of making decisions,” Ms. Bashir said, talking in her office tucked behind a gantlet of metal detectors and glowering security guards at the government compound in the western province of Herat.

But recently, Ms. Bashir has had to endure criticism of a less-familiar kind — that she has hurt women with her own conservatism.

Ms. Bashir’s office is jailing women for so-called moral crimes — like adultery, or even attempted adultery, an accusation that opens the door to being jailed merely for being alone with a man who is not in the family — at nearly the highest pace in Afghanistan, according to government records.

The country’s laws, though they have been changing over the past decade, are still criticized by human rights groups as being particularly harsh for women. And many women are languishing in jail on adultery convictions even though they were the victims of rape, forced into prostitution, or simply ran away from abusive homes.

Ms. Bashir insists that she must uphold the law of the land, even as she works to improve opportunities for Afghan women. But concern over her prosecution statistics this fall sent ripples through the human rights community in Afghanistan.

Most rights advocates express respect for her. Still, she has become the focus of a whole body of disquieting questions for international officials working here: How far should you support a woman who personally represents change but also consistently enforces customs that the West sees as discriminatory? How far and how long can you push another society to change, and when do you accept it and compromise?

In its way, too, her case restates the questions dogging the entire American involvement in Afghanistan: Is the United States here merely to fight the Taliban or rebuild the country along Western lines? And now that the United States has said it is leaving, what progress has really been won, and what will endure when it is gone?

Ms. Bashir knows how discrimination feels personally. She was a prosecutor in Herat, her husband’s home province, but had to give up her job when the Taliban came to power in the 1990s.

She went underground, furtively teaching women and girls from her neighborhood in her home.

AFTER the Taliban fell, she got her job back and has been the chief prosecutor in Herat for the past five years, and a focus of attention for the international community.

She has worked with the United Nations, giving lectures at high schools and universities titled, “If I Did It, You Can Do It, Too.” In those speeches, and in other settings both public and private, she urges Afghan girls and young women to expand their ambitions and strive for jobs outside the home as lawyers or doctors.

For many in this country, hers is an unwelcome message.

During a recent interview in her office, Ms. Bashir was methodical, even understated, as she discussed much of her work. But when the talk turned to the patriarchal society that dominates here, her eyes showed the fire that distinguishes her — and has helped her survive — in a place where women in powerful posts are rare.

“We have the mullahs, we have the former jihadis,” she said. “They don’t spare any effort to weaken or defame you. They talk about your clothes; they talk about the fact you have been talking to foreigners and talking to men.”

Habib Zahori and Jawad Sukhanyar contributed reporting from Kabul, Afghanistan.

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