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Updated August 18, 2021
Afghan Women and Girls: Status and Congressional Action
The status of Afghan women and girls is increasingly
2004 Afghan constitution prohibits discrimination on the
precarious in light of the Taliban’s takeover of the country
basis of gender and enshrines equal rights between men and
in mid-August 2021. Given the Taliban’s views on
women. It mandates that at least two women be elected to
women’s rights, and entrenched cultural attitudes
the lower house of parliament from each of Afghanistan’s
(particularly in rural areas), the status of Afghan women
34 provinces, creating a female representation quota of
and girls has long been a topic of congressional concern and
about 27% in the lower house and 17% in the upper house.
action. Concern among some Members of Congress has
The Afghan government had also committed to achieving
increased in the wake of the drawdown of U.S. military and
30% representation of women in the civil service (around
civilian personnel and the Taliban takeover. Reports
27% as of 2019) and increasing the number of women in
indicate that the Taliban have re-imposed restrictions on
the Afghanistan National Defense and Security Forces
women in some areas taken in 2021. In addition to fears for
(ANDSF) (just over 2% as of May 2021).
the rights, health, and economic wellbeing of Afghan
Some recent surveys suggested that traditional, restrictive
women broadly, some Members’ immediate concerns focus
views of gender roles and rights, including some views
on evacuation and visa questions, with a longer-term focus
consistent with the Taliban’s former practices, remain
on how, if at all, U.S. policies might induce a Taliban-led
broadly held, especially in rural areas and among younger
government to respect women’s rights. Since 2001,
men. Discrimination, harassment, and violence against
Members of Congress have attempted to promote and
women reportedly was endemic in government-controlled
safeguard the rights of Afghan women through oversight
areas and in government ministries. In December 2020, the
and funding-related legislative measures.
United Nations reported that “while the response by the
Background on the Status of Women
justice sector to violence against women … continues to
improve, the system also fails women and girls in a number
Decades of war after 1978 and the repressive five-year rule
of respects,” with less than half of documented cases of
of the Taliban severely undermined the rights and
violence against women progressing to adjudication.
development of Afghan women, who had been granted
equal rights under the 1964 constitution. Since 2001,
The Taliban and Women’s Rights
Afghan women have made advancements in areas such as
During their rule between 1996 and 2001, the Taliban
political representation, education, employment, and health
“perpetrated egregious acts of violence against women” as
care. Afghan women still lag behind Afghan men, as well
part of a “war against women,” according to a 2001 State
as women globally, on many development indicators
Department report. Based on their particularly conservative
tracked by international organizations (see Table 1).
interpretation of Islamic practice, the Taliban prohibited
women from working, attending school after age eight, and
Table 1. Selected Development Indicators
appearing in public without a male blood relative and
Development
Afghanistan, Afghanistan, Global Avg., without wearing a burqa. Women accused of breaking these
Indicator
2000
2018
2018
or other restrictions suffered severe corporal or capital
Life expectancy at
57 (F)
66 (F)
75 (F)
punishment, often publicly. These practices attracted near-
birth
universal condemnation from the international community.
55 (M)
63 (M)
70 (M)
Maternal deaths per 1,450
638
211
The Taliban have controlled parts of Afghanistan for years.
100,000 births
They have not described in detail what role women would
Births per woman
7.5
4.5
2.4
play in a Taliban-governed society now that they control
the country. In February 2020, deputy Taliban leader
Mean years of
0.8 (F)
1.9 (F)
N.A.
Sirajuddin Haqqani wrote of “an Islamic system … where
schooling
3.7 (M)
6.0 (M)
the rights of women that are granted by Islam—from the
Est. GNI per capita $445 (F)
$1,102 (F)
$11,246 (F)
right to education to the right to work—are protected.”
(2011 PPP$)
$1,167 (M)
$2,355 (M)
$20,168 (M)
Skeptics note that a pledge to safeguard the rights of
Source: Created by CRS. Data from U.N. Development Program,
women “according to Islam” is subjective and echoes
World Bank, World Health Organization.
similar pledges made by the Taliban while previously in
Notes: GNI= Gross National Income; PPP= purchasing power
power. In some areas taken since May 2021, the Taliban
parity; N.A.= no data available. 2018 is the most recent year for
have reportedly forced women to marry Taliban fighters,
imposed other restrictions on women’s rights, and carried
which comprehensive data are available.
out targeted killings against women. Since taking power in
August 2021, Taliban leaders have called on women
The Afghan government, with U.S. and international
government employees to return to their posts, only if they
support, had ensured some representation for women in
wear the hijab (headscarf).
government and had instituted some legal protections. The
https://crsreports.congress.gov

Afghan Women and Girls: Status and Congressional Action
The Taliban are accused of numerous attacks on girls’
regularly authorized a specific portion of the Department of
schools during their insurgency. The Taliban claim to not
Defense-administered Afghanistan Security Forces Fund
oppose education for girls, and in Taliban-controlled areas
(ASFF) to support the recruitment, training, and treatment
some girls had been attending primary school. In some
of women in the ANDSF (no less than $10 million
cases where the local community advocated for girls’
authorized in FY2021 National Defense Authorization Act,
education, the Taliban have allowed it until sixth grade;
P.L. 116-283).
where it does not, the Taliban have closed girls’ schools. A
Aid Conditionality. Secretary of State Blinken said in
2018 study did not identify any girls’ secondary schools
April 2021 that “if the Taliban has any expectation of
open in areas of heavy Taliban influence or control.
international acceptance … it’s going to have to respect the
Congressional Approaches
rights of women and girls.” Congress at times has
considered conditioning assistance on the protection of
Improving conditions for Afghan women has been one
women’s rights. For example, the House Appropriations
prominent objective of U.S. development efforts since at
Committee-reported FY2019 State, Foreign Operations, and
least 2001, when Congress passed the Afghan Women and
Related Programs appropriations bill (H.R. 6385) would
Children Relief Act (P.L. 107-81), authorizing education
have required the Secretary of State to certify that the
and health assistance for Afghan women. According to a
Afghan government was protecting women’s rights (among
2021 Special Inspector General for Afghanistan
other conditions) before obligating any Economic Support
Reconstruction (SIGAR) report, since 2002, the U.S.
Fund and International Narcotics Control and Law
Agency for International Development (USAID), State, and
Enforcement funds; that provision was not included in the
the Department of Defense have disbursed nearly $800
enacted bill. Section 1215 of the FY2021 NDAA prohibited
million for programs primarily intended to support Afghan
the use of funds to withdraw U.S. forces below certain
women, and an additional $4 billion for programs in which
women’s advancement was a component.
levels until the submission of an Administration report with
Members have
analysis of the impact of a U.S. withdrawal on Afghan
also emphasized diplomatic engagement on Afghan
women’s rights
women’s rights, particularly since peace negotiations began
, subject to a waiver which President Trump
issued in January 2021. Congress might consider aid
in 2018. Congress directed in FY2021 appropriations
conditionality as a means of influencing how a future
legislation that the Secretary of State “promote and ensure
the meaningful participation of Afghan women” in peace
Taliban government treats women; however, it remains
unclear as to whether U.S. or other foreign assistance
and reconciliation processes, in accordance with the
represents a sufficient incentive for the Taliban to
Women, Peace, and Security Act of 2017 (P.L. 115-68).
implement specific policies regarding women’s rights.
As Members review U.S. policy in light of the Taliban’s
Oversight, monitoring, and evaluation. Congressional
takeover, they may consider the feasibility of implementing
subcommittees have held hearings and briefings related to
and evaluating U.S.-funded programs for Afghan women.
Afghan women, and Congress has separately tasked other
Aid disbursements may be affected by whether the
entities (most notably SIGAR) with oversight in this area.
Administration decides to recognize the Taliban
Successive SIGAR audits identified problems with U.S.-
government, and whether sufficient staffing exists in-
funded programs to support Afghan women. SIGAR’s 2021
country to implement and oversee programs. National
report on lessons learned regarding gender equality,
Security Advisor Jake Sullivan stated on August 17, 2021,
building on a 2014 audit, found that U.S. agencies struggled
that it was “premature” to talk about aid. Sullivan noted the
to track the extent of U.S. funding to support Afghan
United States has been able to provide aid to the people in
women and to measure the impact of programs, and that a
other countries where the Administration has “very difficult
failure to anticipate the Afghan cultural context undercut
or non-existent relationships,” raising the possibility that
U.S. efforts to support women and girls. SIGAR identified
aid could be delivered through non-governmental channels.
the most success in U.S. programs targeting the health and
The European Union and NATO have suspended
education sectors. S.Rept. 116-126 directed SIGAR to
development aid to Afghanistan. The Taliban have not
assess State Department and USAID “strategies and plans
stated whether it would allow programming intended to
for the provision of continued reconstruction assistance to
support Afghan women to be implemented by non-Taliban
Afghanistan in the event of a peace agreement, including a
entities.
review of any strategies and plans for … protecting the
rights of Afghan women and girls.” SIGAR anticipates
Directed funding. Congress has taken different approaches
issuing this public report in 2021. Conducting and
to providing funding to Afghan women. Up until FY2010,
overseeing programming is likely to prove significantly
Congress sometimes specified certain amounts of State
more difficult in light of the Taliban’s takeover.
Department- and USAID-administered assistance to be
made available for programs to support Afghan women and
Other Tools. Some Members have encouraged the
girls, but has not done so since. As in recent years, Section
Administration to expedite the relocation of Afghan women
7044 of the Consolidated Appropriations Act, 2021
leaders and activists to the United States under a new
(Division G, P.L. 116-260), directs that an unspecified
humanitarian parole category. Members may also consider
amount of funds be made available for “programs that
what effect the potential for sanctions might have on
protect and strengthen the rights of Afghan women and
Taliban policymaking regarding women’s rights.
girls and promote the political and economic empowerment
of women” and requires the Secretary of State to submit a
Clayton Thomas, Analyst in Middle Eastern Affairs
new strategy to engage with the Afghan government that
Sarah R. Collins, Research Assistant
includes a component on women’s rights. Congress
IF11646
https://crsreports.congress.gov

Afghan Women and Girls: Status and Congressional Action


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https://crsreports.congress.gov | IF11646 · VERSION 7 · UPDATED