The Law of the Gift or the Gift of Law? A Decolonial Feminist Critique of Afghanistan’s Elimination of Violence Against Women Units

Abstract: This paper critically explores the development of Afghanistan’s legal system, centering on the establishment of Elimination of Violence Against Women (EVAW) units between 2008 and early 2021. It argues that these units, embedded within prosecution departments, were shaped by a saviour-victim narrative rooted in colonial legal frameworks imposed by the international community, particularly Western Europe. These efforts marginalized Afghan women and disregarded indigenous governance structures. By employing a decolonial methodology informed by Kimberly Tucker, this paper applies a decolonial feminist framework to challenge the perception of Afghan women as passive beneficiaries of legal reform. Instead, it highlights their agency in shaping legal practices that aligned with cultural norms, resisting externally dictated solutions. By foregrounding women’s everyday experiences as sites of resistance, the research calls for a fundamental rethinking of global governance and development initiatives. It proposes a decolonized framework that acknowledges the lived realities and epistemic contributions of marginalized communities, particularly Afghan women. Rather than reinforcing the saviour-victim binary, the paper advocates for plural, polycentric systems of knowledge and governance that emphasize solidarity, reciprocity, and mutual respect. In doing so, it contributes to broader discussions on decolonial feminism, global restructuring, and the politics of legal reform in postcolonial states.