In the two decades before the Taliban took control of the Afghanistan government in August 2021, civil society had been re-established in parts of the country. Women had access to education, and were engaged in business, in education, and in health care. Importantly, approximately 270 women had become judges and were presiding in many levels of courts. In August 2021, the Taliban erased all of that progress, including releasing prisoners from jails. Because of their role in upholding the rule of law, women who had been involved in the justice system were immediately in mortal danger. The International Association of Women Judges (IAWJ) was instrumental in evacuating almost 200 women judges. The Government of Canada agreed to accept 40 of them, along with their immediate families, as Government Assisted Refugees. There are now 37 Afghan women judges and their families in Canada, 25 of them in Ontario.
Canadian judges were actively involved, through the IAWJ, in the evacuation efforts. Once out of Afghanistan, these families were in a holding pattern in safe countries waiting for their refugee claims and visas to be processed. Canadian judges set up direct relationships with these women to monitor their progress. Upon arrival in Canada, each Afghan judge was partnered with two or more Canadian judges at all levels of court who acted as friends and mentors as they started the process of settling into their new lives in Canada. Judges in Canada also contributed financially to assist this resettlement effort.
Judges in Canada are ethically prevented, due to their positions, from actively advocating for these families or raising funds to assist them other than from family or other judges. A group of “Friends of Afghan Judges in Ontario” has been formed to move beyond what sitting judges are able to provide. This group is largely made up of retired judges, lawyers, law firms, and legal organizations. These “Friends” are enlisting the support of others in the legal community to provide financial assistance and mentoring for these amazing Afghan women.
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