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Updated August 12, 2021
Afghan Women and Girls: Status and Congressional Action
The status of Afghan women and girls has improved since
The Afghan government, with considerable U.S. and
2001 by some metrics, but is increasingly precarious in
international support, has ensured some representation for
light of Taliban military gains. Given the Taliban’s views
women in government and has instituted some legal
on women’s rights, and entrenched cultural attitudes
protections. The 2004 Afghan constitution prohibits
(particularly in rural areas), the status of Afghan women
discrimination on the basis of gender and enshrines equal
and girls has long been a topic of congressional concern and
rights between men and women. It mandates that at least
action. Concern among some Members of Congress has
two women be elected to the lower house of parliament
increased in light of the U.S. troop withdrawal, scheduled to
from each of Afghanistan’s 34 provinces, creating a quota
be completed by August 2021. The Taliban have made
of 68 women out of 250 seats (about 27%); similarly, 17%
significant advances since that withdrawal began in May
of seats in the upper house of parliament are set aside for
2021, leading some to warn of a Taliban return to power—
women. Additionally, the government has committed to
either by military force or through a political settlement—
achieving 30% representation of women in the civil service
that would likely compromise women’s rights. Reports
(around 27% as of 2019) and increasing the number of
indicate that the group has reimposed restrictions on women
women in the Afghanistan National Defense and Security
in some areas taken since May 2021. Since 2001, Members
Forces (ANDSF) (just under 2%). Nevertheless, some
of Congress have used a number of oversight and funding-
recent surveys have suggested that traditional, restrictive
related legislative measures to promote and safeguard the
views of gender roles and rights, including views consistent
rights of Afghan women, and may consider the efficacy and
with the Taliban’s former practices, remain broadly held,
sustainability of such approaches as the United States ends
especially in rural areas and among younger men.
its military presence and as the Afghan conflict and
Despite efforts to promote women’s rights, discrimination,
political dynamic evolve.
harassment, and violence against women reportedly remain
Background on the Status of Women
endemic in government-controlled areas and even in
government ministries. In 2009, then-President Hamid
Decades of war after 1978 and the repressive five-year rule
Karzai issued, as a decree, the “Elimination of Violence
of the Taliban (see below) severely undermined the rights
Against Women” law, which makes widespread practices
and development of Afghan women, who had formally
such as forced marriage and honor killings unlawful.
been granted equal rights under the 1964 constitution. Since
Parliamentarians blocked the law’s ratification, describing
the 2001 fall of the Taliban, Afghan women have made
it as against Islam. In December 2020, the United Nations
advancements in areas such as political representation and
reported that “while the response by the justice sector to
access to education, employment, and health care.
violence against women … continues to improve, the
However, Afghan women still lag behind Afghan men, as
system also fails women and girls in a number of respects,”
well as women globally, on many development indicators
with less than half of documented cases of violence against
(see Table 1).
women progressing to adjudication.
Table 1. Selected Development Indicators
The Taliban and Women’s Rights
Under
Afghans
During their rule between 1996 and 2001, the Taliban
Development
Taliban
Today
Global Avg. effectively “forced Afghan women to disappear entirely
Indicator
(2000)
(2018)
(2018)
from public view,” according to writer Ahmed Rashid.
Life expectancy at
57 (F)
66 (F)
75 (F)
Based on their particularly conservative interpretation of
birth
55 (M)
63 (M)
70 (M)
Islamic practice, the Taliban prohibited women from
working, attending school after age eight, and appearing in
Maternal deaths per 1,450
638
211
public without a male blood relative and without wearing a
1,000 births
burqa. Women accused of breaking these or other
Births per woman
7.5
4.5
2.4
restrictions suffered severe corporal or capital punishment,
Mean years of
0.8 (F)
1.9 (F)
N.A.
often publicly. These practices attracted near-universal
schooling
3.7 (M)
6.0 (M)
condemnation from the international community.
Est. GNI per capita $445 (F)
$1,102 (F)
$11,246 (F)
The Taliban, who have held territory in parts of
(2011 PPP$)
$1,167 (M)
$2,355 (M)
$20,168 (M)
Afghanistan for years and by most measures now control or
Source: Created by CRS. Data from U.N. Development Program,
contest over half of the country’s area, have not described
World Bank, World Health Organization.
in detail how they now view women’s rights or what role
Notes: GNI= Gross National Income; PPP= purchasing power
women would play in a Taliban-governed society. Skeptics
parity; N.A.= no data available.
note that the pledge frequently made by contemporary
Taliban leaders to safeguard the rights of women
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Afghan Women and Girls: Status and Congressional Action
“according to Islam” is subjective and echoes similar
(ASFF) to support the recruitment, training, and treatment
pledges made by the Taliban while in power. In February
of women in the ANDSF (no less than $10 million
2020, deputy Taliban leader Sirajuddin Haqqani wrote of
authorized in FY2021). Members interested in guaranteeing
“an Islamic system … where the rights of women that are
that a certain share of U.S. development aid supports
granted by Islam—from the right to education to the right to
Afghan women could consider reauthorizing minimum
work—are protected.” The Taliban claim to not oppose
amounts (as the House-passed FY2022 appropriations bill
education for girls, and in Taliban-controlled areas some
does), or directing funding for certain projects or objectives
girls are attending primary school. Generally, the Taliban
related to women and girls, though changing conditions on
have allowed girls’ education until sixth grade when the
the ground may hamper implementation of assistance.
local community advocates for it; where it does not, girls’
schools are closed. A 2018 study could not identify a single
Conditionality. Secretary of State Blinken said in April
girls’ secondary school open in areas of heavy Taliban
2021 that “if the Taliban has any expectation of
influence or control. Additionally, the Taliban are accused
international acceptance … it’s going to have to respect the
of numerous attacks against girls’ schools. In some areas
rights of women and girls.” Congress at times has
taken since May 2021, the Taliban have reportedly forced
considered conditioning assistance on the protection of
women to marry Taliban fighters and imposed other
women’s rights. For example, the House Appropriations
restrictions on women’s rights.
Committee-passed FY2019 State, Foreign Operations, and
Related Programs appropriations bill (H.R. 6385) would
Afghan women, with U.S. support, have participated in
have required the Secretary of State to certify that the
talks between Kabul and the Taliban that began in
Afghan government was protecting women’s rights (among
September 2020. The two sides have met only sporadically
other conditions) before obligating funds; that provision
in recent months, most recently in mid-July 2021 (when the
was not included in the enacted bill. Section 1215 of the
senior Afghan delegation included one woman), but have
FY2021 National Defense Authorization Act (P.L. 116-
not made significant progress toward a settlement amid
283) prohibited the use of funds to withdraw U.S. forces
considerable Taliban military advances.
below certain levels until the submission of an
U.S Funding: Congressional Approaches
Administration report with analysis of the impact of a U.S.
Improving conditions for Afghan women has been one
withdrawal on Afghan women’s rights, subject to a waiver
prominent objective of U.S. development efforts since at
which President Trump issued in January 2021. Congress
least 2001, when Congress passed the Afghan Women and
could consider aid conditionality as a means of influencing
Children Relief Act (P.L. 107-81), authorizing education
how a prospective future Afghan government, including
and health assistance for Afghan women. According to a
one in which the Taliban play a part, treats women. It
2021 Special Inspector General for Afghanistan
remains unclear to what extent U.S. or other foreign
Reconstruction (SIGAR) report, USAID, State, and DOD
assistance represents a significant enough incentive for the
have disbursed nearly $800 million for programs primarily
Taliban that the group would change its policies on women.
intended to support Afghan women, and an additional $4
billion for programs in which women’s advancement was a
Oversight, monitoring, and evaluation. Various
component. Since U.S.-Taliban talks began in 2018, some
congressional subcommittees have held hearings and
Members of Congress have emphasized engagement on
briefings related to Afghan women and U.S. policy, and
Afghan women’s rights, sending several letters in 2021 to
Congress has separately tasked other entities (most notably
Secretary of State Antony Blinken on the issue. Congress
SIGAR) with oversight in this area. Successive SIGAR
directed in FY2021 appropriations legislation that the
audits and reports have identified problems with U.S.-
Secretary of State “promote and ensure the meaningful
funded programs to support Afghan women. SIGAR’s 2021
participation of Afghan women” in peace and reconciliation
report on lessons learned regarding gender equality,
processes, in accordance with the Women, Peace, and
building on a 2014 audit, found that U.S. agencies struggled
Security Act of 2017 (P.L. 115-68). As Members consider
to track the extent of U.S. funding to support Afghan
the future of U.S.-Afghan relations, they may debate the
women and to measure the impact of programs, and that a
effectiveness of U.S.-funded programs for Afghan women,
failure to anticipate the Afghan cultural context undercut
future funding, and appropriate conditions.
U.S. efforts to support women and girls. SIGAR identified
the most success in U.S. programs targeting the health and
Directed funding. In some past appropriations acts,
education sectors. S.Rept. 116-126 directs SIGAR to assess
Congress specified certain amounts of State Department-
“the extent to which the Department of State and USAID
and USAID-administered assistance to be made available
have developed strategies and plans for the provision of
for programs to support Afghan women and girls, but
continued reconstruction assistance to Afghanistan in the
Congress has not done so since FY2010. As in recent years,
event of a peace agreement, including a review of any
Section 7044 of the Consolidated Appropriations Act, 2021
strategies and plans for … protecting the rights of Afghan
(Division G, P.L. 116-260), makes an unspecified amount
women and girls.” SIGAR anticipates issuing this public
of funding available for “programs that protect and
report in 2021. Conducting and overseeing programming is
strengthen the rights of Afghan women and girls and
likely to prove significantly more difficult in light of the
promote the political and economic empowerment of
Taliban’s territorial gains and subsequent restrictions on
women” and requires the Secretary of State to submit a new
women’s rights.
strategy to engage with the Afghan government that
includes a component on women’s rights. Congress has
Clayton Thomas, Analyst in Middle Eastern Affairs
regularly authorized a specific portion of the Department of
Sarah R. Collins, Research Assistant
Defense-administered Afghanistan Security Forces Fund
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Afghan Women and Girls: Status and Congressional Action
IF11646
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