IV 

111TH CONGRESS 

1ST SESSION H. CON. RES. 108 

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be repealed.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 HOUSE OF REPRESENTATIVES 

APRIL 23, 2009 

Mrs. MALONEY (for herself, Ms. BALDWIN, and Mrs. BIGGERT) submitted the 

following concurrent resolution; which was referred to the Committee on 

Foreign Affairs 

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human rights of women and should be repealed. 

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’’; 


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•HCON 108 IH 

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 


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•HCON 108 IH 

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 physVerDate Nov 24 2008 02:08 Apr 24, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC108.IH HC108

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•HCON 108 IH 

ical 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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) urges the Government of Afghanistan and 

4 President Hamid Karzai to declare the provisions of 

5 the Shi’ite Personal Status Law on marital rape and 

6 restrictions on women’s freedom of movement uncon7 stitutional; 

8 (2) supports the decision by President Karzai 

9 to analyze the draft law and strongly urges him not 

10 to publish it on the grounds that it violates the Con11 stitution of Afghanistan and the basic human rights 

12 of women; 

13 (3) encourages the Secretary of State, the Spe14 cial Representative to Afghanistan and Pakistan, the 

15 Ambassador-at-Large for International Women’s 

16 Issues, and the United States Ambassador to Af17 ghanistan to consider and address the status of 


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•HCON 108 IH 

1 women’s rights and security in Afghanistan to en2 sure that these rights are not being eroded through 

3 unjust laws, policies, or institutions; and 

4 (4) encourages the Government of Afghanistan 

5 to solicit information and advice from the Ministry 

6 of Justice, the Ministry for Women’s Affairs, the Af7 ghanistan Independent Human Rights Commission, 

8 and women-led nongovernmental organizations to 

9 ensure that current and future legislation and offi10 cial policies protect and uphold the equal rights of 

11 women, including through national campaigns to 

12 lead public discourse on the importance of women’s 

13 status and rights to the overall stability of Afghani14 stan. 

Æ 


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