[Congressional Record (Bound Edition), Volume 155 (2009), Part 8]
[Senate]
[Pages 10601-10602]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 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              HUMAN RIGHTS OF WOMEN AND SHOULD BE REPEALED

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

                            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

[[Page 10602]]

     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
       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.

                          ____________________