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

                                                        Calendar No. 61
111th CONGRESS
  1st Session
S. CON. RES. 19

 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                          should be repealed.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

  Mrs. Boxer (for herself, Ms. Snowe, Ms. Mikulski, Mrs. Murray, Mrs. 
 Gillibrand, Ms. Cantwell, Mrs. Shaheen, Mrs. Feinstein, Ms. Collins, 
and Ms. Landrieu) submitted the following concurrent resolution; which 
           was referred to the Committee on Foreign Relations

                              May 13, 2009

   Reported by Mr. Kerry, with an amendment and an amendment to the 
                                preamble
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                         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                          should be repealed.

<DELETED>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, yet 
        has not made a concrete declaration that the provision legalizing 
        marital rape and other provisions curtailing women's rights will be 
        removed completely;
Whereas the law includes provisions that are fundamentally incompatible with the 
        obligations of the Government of Afghanistan under the various 
        international instruments that it has ratified, as well as under its own 
        Constitution;
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 Afghanistan acceded to the Convention on the Elimination of All Forms of 
        Discrimination Against Women, done at New York December 18, 1979, and 
        entered into force September 3, 1981 (CEDAW), which condemns 
        discrimination against women in all its forms and reaffirms the equal 
        rights and responsibilities of men and women during marriage and at its 
        dissolution;
Whereas, notwithstanding any declarations or reservations made upon ratification 
        of these various international conventions, the Government of 
        Afghanistan is under an obligation not to act in any way which might 
        defeat the object and purpose of these conventions, pursuant to the 
        Vienna Convention on the Law of Treaties, done at New York May 23, 1969, 
        and entered into force January 27, 1980, which is widely recognized as 
        embodying customary international law;
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 article 54 of the Constitution of Afghanistan obligates the Government 
        of Afghanistan to ensure the physical and psychological well-being of 
        the family, especially of mothers and children;
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 diametrically opposed to those goals: Now, therefore, be it
</DELETED>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 Afghanistan acceded to the Convention on the Elimination of All Forms of 
        Discrimination Against Women, done at New York December 18, 1979, and 
        entered into force September 3, 1981 (CEDAW), which condemns 
        discrimination against women in all its forms and reaffirms the equal 
        rights and responsibilities of men and women during marriage and at its 
        dissolution;
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), 
<DELETED>That Congress--
        <DELETED>    (1) urges the Government of Afghanistan and 
        President Hamid Karzai to declare the provisions of the Shi'ite 
        Personal Status Law on marital rape and restrictions on women's 
        freedom of movement unconstitutional and an erosion of growth 
        and development in Afghanistan;</DELETED>
        <DELETED>    (2) supports the decision by President Karzai to 
        analyze the draft law and strongly urges him not to publish it 
        on the grounds that it violates the Constitution of Afghanistan 
        and the basic human rights of women;</DELETED>
        <DELETED>    (3) encourages the Secretary of State, the Special 
        Representative to Afghanistan and Pakistan, the Ambassador-at-
        Large for International 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</DELETED>
        <DELETED>    (4) encourages the Government of Afghanistan to 
        solicit information and advice from the Ministry of Justice, 
        the Ministry for 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.</DELETED>
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.




                                                        Calendar No. 61

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.

_______________________________________________________________________

                              May 13, 2009

      Reported with an amendment and an amendment to the preamble