About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (August 12, 2021)

handle is hein.crs/goveeia0001 and id is 1 raw text is: C o g e s o a   R e s e a r c   S e rvU

0

Updated August 12, 2021
Afghan Women and Girls: Status and Congressional Action

The status of Afghan women and girls has improved since
2001 by some metrics, but is increasingly precarious in
light of Taliban military gains. Given the Taliban's views
on women's rights, and entrenched cultural attitudes
(particularly in rural areas), the status of Afghan women
and girls has long been a topic of congressional concern and
action. Concern among some Members of Congress has
increased in light of the U.S. troop withdrawal, scheduled to
be completed by August 2021. The Taliban have made
significant advances since that withdrawal began in May
2021, leading some to warn of a Taliban return to power-
either by military force or through a political settlement-
that would likely compromise women's rights. Reports
indicate that the group has reimposed restrictions on women
in some areas taken since May 2021. Since 2001, Members
of Congress have used a number of oversight and funding-
related legislative measures to promote and safeguard the
rights of Afghan women, and may consider the efficacy and
sustainability of such approaches as the United States ends
its military presence and as the Afghan conflict and
political dynamic evolve.
Background on the Status of Women
Decades of war after 1978 and the repressive five-year rule
of the Taliban (see below) severely undermined the rights
and development of Afghan women, who had formally
been granted equal rights under the 1964 constitution. Since
the 2001 fall of the Taliban, Afghan women have made
advancements in areas such as political representation and
access to education, employment, and health care.
However, Afghan women still lag behind Afghan men, as
well as women globally, on many development indicators
(see Table 1).
Table 1. Selected Development Indicators

Development
Indicator

Under
Taliban
(2000)

Afghans
Today
(2018)

Global Avg.
(2018)

Life expectancy at  57 (F)         66 (F)         75 (F)
birth               55 (M)         63 (M)         70 (M)
Maternal deaths per  1,450         638            211
1,000 births
Births per woman    7.5            4.5            2.4
Mean years of       0.8 (F)         1.9 (F)       N.A.
schooling            3.7 (M)       6.0 (M)
Est. GNI per capita  $445 (F)      $1,102 (F)     $11,246 (F)
(2011 PPP$)         $I,167 (M)     $2,355 (M)     $20,168 (M)
Source: Created by CRS. Data from U.N. Development Program,
World Bank, World Health Organization.
Notes: GNI= Gross National Income; PPP= purchasing power
parity; N.A.= no data available.

The Afghan government, with considerable U.S. and
international support, has ensured some representation for
women in government and has instituted some legal
protections. The 2004 Afghan constitution prohibits
discrimination on the basis of gender and enshrines equal
rights between men and women. It mandates that at least
two women be elected to the lower house of parliament
from each of Afghanistan's 34 provinces, creating a quota
of 68 women out of 250 seats (about 27%); similarly, 17%
of seats in the upper house of parliament are set aside for
women. Additionally, the government has committed to
achieving 30% representation of women in the civil service
(around 27% as of 2019) and increasing the number of
women in the Afghanistan National Defense and Security
Forces (ANDSF) (just under 2%). Nevertheless, some
recent surveys have suggested that traditional, restrictive
views of gender roles and rights, including views consistent
with the Taliban's former practices, remain broadly held,
especially in rural areas and among younger men.
Despite efforts to promote women's rights, discrimination,
harassment, and violence against women reportedly remain
endemic in government-controlled areas and even in
government ministries. In 2009, then-President Hamid
Karzai issued, as a decree, the Elimination of Violence
Against Women law, which makes widespread practices
such as forced marriage and honor killings unlawful.
Parliamentarians blocked the law's ratification, describing
it as against Islam. In December 2020, the United Nations
reported that while the response by the justice sector to
violence against women ... continues to improve, the
system also fails women and girls in a number of respects,
with less than half of documented cases of violence against
women progressing to adjudication.
The Taliban and Women's Rights
During their rule between 1996 and 2001, the Taliban
effectively forced Afghan women to disappear entirely
from public view, according to writer Ahmed Rashid.
Based on their particularly conservative interpretation of
Islamic practice, the Taliban prohibited women from
working, attending school after age eight, and appearing in
public without a male blood relative and without wearing a
burqa. Women accused of breaking these or other
restrictions suffered severe corporal or capital punishment,
often publicly. These practices attracted near-universal
condemnation from the international community.
The Taliban, who have held territory in parts of
Afghanistan for years and by most measures now control or
contest over half of the country's area, have not described
in detail how they now view women's rights or what role
women would play in a Taliban-governed society. Skeptics
note that the pledge frequently made by contemporary
Taliban leaders to safeguard the rights of women

ittps://crsreports.congress.g(

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most