[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[Senate]
[Pages S5883-S5884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SHI'ITE PERSONAL STATUS LAW IN AFGHANISTAN

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to Calendar No. 61, S. Con. Res. 19.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The assistant legislative clerk read as follows:

       A concurrent resolution (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     and should be repealed.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution, which had been reported from the Committee on 
Foreign Relations, with an amendment to strike out all after the 
resolving clause and insert the part printed in italic and to strike 
out the preamble and insert the part printed in italic.

       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), [That Congress--
       [(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;
       [(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;
       [(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
       [(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.]
     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.

  Mr. REID. Mr. President, I ask unanimous consent that the amendment 
at the desk be agreed to, the committee-reported amendments, as 
amended, if amended, be agreed to, the resolution, as amended, be 
agreed to, the preamble, as amended, be agreed to, the motions to 
reconsider be laid upon the table en bloc, and that any statements 
relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1224) was agreed to, as follows:

       Strike the 11th whereas clause.

  The committee-reported amendment to the resolution was agreed to.
  The committee-reported amendment, as amended, to the preamble was 
agreed to.
  The concurrent resolution (S. Con. Res. 19), as amended, was agreed 
to.
  The preamble, as amended, was agreed to.
  The concurrent resolution, as amended, with its preamble, as amended, 
reads as follows:

                            S. Con. Res. 19

       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

[[Page S5884]]

     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.

                          ____________________