[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 19 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
S. CON. RES. 19

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas in March 2009, the Shi'ite Personal Status Law was approved by the 
        parliament of Afghanistan and signed by President Hamid Karzai;
Whereas according to the United Nations, the law legalizes marital rape by 
        mandating that a wife cannot refuse sex to her husband unless she is 
        ill;
Whereas the law also weakens mothers' rights in the event of a divorce and 
        prohibits a woman from leaving her home unless her husband determines it 
        is for a ``legitimate purpose'';
Whereas President Barack Obama has called the law ``abhorrent'' and stated that 
        ``there are certain basic principles that all nations should uphold, and 
        respect for women and respect for their freedom and integrity is an 
        important principle'';
Whereas the United Nations High Commissioner for Human Rights has said that the 
        law represents a ``huge step in the wrong direction'' and is 
        ``extraordinary, reprehensible and reminiscent of the decrees made by 
        the Taliban regime in Afghanistan in the 1990s'';
Whereas the Secretary-General of the North Atlantic Treaty Organization (NATO) 
        has asserted that passage of the law could discourage countries in 
        Europe from contributing additional troops to help combat terrorism in 
        the region;
Whereas President Karzai has instructed the Government of Afghanistan and 
        members of the clergy to review the law and change any articles that are 
        not in keeping with Afghanistan's Constitution and Islamic Sharia;
Whereas the law includes provisions that are fundamentally incompatible with the 
        obligations of the Government of Afghanistan under various international 
        instruments to which it is a party;
Whereas Afghanistan is a signatory of the Universal Declaration of Human Rights 
        (UDHR), which establishes the principle of nondiscrimination, including 
        on the basis of sex, and states that men and women are entitled to equal 
        rights to marriage, during marriage, and at its dissolution;
Whereas Afghanistan became a party to the International Covenant on Economic, 
        Social and Cultural Rights, done at New York December 16, 1966, and 
        entered into force January 3, 1976 (ICESCR), which emphasizes the 
        principle of self-determination, in that men and women may freely 
        determine their political status as well as their economic, social, and 
        cultural development;
Whereas article 22 of the Constitution of Afghanistan (2003) prohibits any kind 
        of discrimination between and privilege among the citizens of 
        Afghanistan and establishes the equal rights of all citizens before the 
        law;
Whereas the international community and the United States have a long-standing 
        commitment to and interest in working with the people and Government of 
        Afghanistan to re-establish respect for fundamental human rights and 
        protect women's rights in Afghanistan; and
Whereas the provisions in the Shi'ite Personal Status Law that restrict women's 
        rights are inconsistent with those goals: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) urges the Government of Afghanistan to revise the 
        Shi'ite Personal Status Law, including its provisions on 
        marital rape and women's freedom of movement, to ensure its 
        consistency with internationally recognized rights of women, 
        including those contained in treaties to which Afghanistan is a 
        party;
            (2) supports the decision by President Karzai to analyze 
        the draft law and strongly urges him not to publish it until it 
        has been revised to be consistent with internationally 
        recognized rights of women;
            (3) encourages the Secretary of State, the Special 
        Representative to Afghanistan and Pakistan, the Ambassador-at-
        Large for Global Women's Issues, and the United States 
        Ambassador to Afghanistan to consider and address the status of 
        women's rights and security in Afghanistan to ensure that these 
        rights are not being eroded through unjust laws, policies, or 
        institutions; and
            (4) encourages the Government of Afghanistan to solicit 
        information and advice from the Ministry of Justice, the 
        Ministry of Women's Affairs, the Afghanistan Independent Human 
        Rights Commission, and women-led nongovernmental organizations 
        to ensure that current and future legislation and official 
        policies protect and uphold the equal rights of women, 
        including through national campaigns to lead public discourse 
        on the importance of women's status and rights to the overall 
        stability of Afghanistan.

            Passed the Senate May 21, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                            S. CON. RES. 19

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 Expressing the sense of Congress that the Shi'ite Personal Status Law 
   in Afghanistan violates the fundamental human rights of women and 
                          should be repealed.