[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 262 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 262

Expressing the strong concern of the House of Representatives about the 
actions of the Taliban in Swat, Pakistan, to restrict girls' access to 
                               education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2009

 Mrs. Maloney (for herself, Mr. Hinchey, and Mr. Filner) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                                Affairs

_______________________________________________________________________

                               RESOLUTION


 
Expressing the strong concern of the House of Representatives about the 
actions of the Taliban in Swat, Pakistan, to restrict girls' access to 
                               education.

Whereas Pakistan was one of the United Nations Member States that signed the 
        Universal Declaration of Human Rights (UDHR), adopted on December 10, 
        1948, Article 2 of which establishes the principle of nondiscrimination, 
        including on the basis of sex, and Article 26 of which articulates the 
        right to education as a basic human right;
Whereas Pakistan became a party to the International Covenant on Economic, 
        Social and Cultural Rights (ICESCR) on April 17, 2008, Article 3 of 
        which requires States Parties to ensure that men and women have equal 
        rights to enjoy all the rights under the ICESCR, and Article 14 of which 
        enshrines the right to education as a fundamental human right;
Whereas Pakistan ratified the Convention on the Rights of the Child (CRC) on 
        November 12, 1990, Article 2 of which establishes the principle of 
        nondiscrimination, including on the basis of sex, with respect to rights 
        set forth in the CRC, and Article 28 of which obligates States Parties 
        to recognize the right of the child to education and, among other 
        things, to make primary education compulsory and available free to all, 
        secondary education available and accessible to every child, and higher 
        education accessible to all;
Whereas Pakistan acceded to the Convention on the Elimination of All Forms of 
        Discrimination against Women on March 12, 1996, Article 10 of which 
        obligates States Parties to take all appropriate measures to ensure 
        equal rights of women with men in the field of education including, 
        among other things, by ensuring women the same conditions for access to 
        studies, the same curricula, teaching staff with qualifications of the 
        same standard and school premises and equipment of the same quality, and 
        by taking measures to reduce female student dropout rates;
Whereas, notwithstanding any declarations or reservations made upon ratification 
        of these various international conventions, Pakistan is under an 
        obligation not to do anything that might defeat the object and purpose 
        of these conventions, pursuant to the Vienna Convention of Treaties, 
        which is widely recognized as embodying customary international law;
Whereas Article 25 of the Constitution of Pakistan (1973) specifies that there 
        shall be no discrimination on the basis of sex, Article 34 obligates 
        Pakistan to take steps to ensure full participation of women in all 
        spheres of national life, and Articles 37 (b) and (c) obligate Pakistan 
        to ``remove illiteracy and provide free and compulsory secondary 
        education within the minimum possible period'' and ``make technical and 
        professional education generally available and higher education equally 
        accessible to all on the basis of merit'', respectively;
Whereas in Swat, Pakistan, insurgent Taliban forces are currently imposing 
        restrictions on girls' access to education, without any authority, and 
        by means of force and threats of the use of force, and that such actions 
        run directly contrary to Pakistan's obligations under the various 
        international instruments ratified by it, as well as under its 
        Constitution;
Whereas this threat to girls' education by the Taliban in Swat, Pakistan, could 
        potentially spread to other parts of Pakistan resulting in the Taliban 
        increasing its power in Pakistan; and
Whereas Pakistan is a strategic ally of the United States in its war on terror: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) urges the Government of Pakistan to take swift measures 
        to halt and reverse the obstacles to girls' education in Swat, 
        Pakistan, that are being unconstitutionally imposed by the 
        Taliban, and which are contrary to longstanding obligations 
        which Pakistan has freely assumed under a number of 
        international instruments, as well as under its Constitution;
            (2) encourages the Secretary of State to promptly consider 
        and address the situation facing girls in Swat, Pakistan, which 
        could have a devastating impact on the lives of more than 
        40,000 girls in Swat and potentially spread to other parts of 
        Pakistan, resulting in the Taliban increasing its power in 
        Pakistan; and
            (3) encourages the Secretary of State to report to Congress 
        on a timely basis about the progress that Pakistan is making to 
        enforce the rights of women and the actions of the United 
        States Government to provide targeted support to strengthen 
        Pakistan's enforcement of women's rights across the country.
                                 <all>