Updated January 10, 2023
Afghan Women and Girls: Status and Congressional Action
Since the Taliban returned to power in 2021, the already
organizations, such as life expectancy and gross national
precarious status of Afghan women and girls has
income per capita. Maternal mortality rates, while still high,
deteriorated dramatically. Increasing Taliban restrictions
were reportedly halved between 2001 and 2017.
are severely reducing the ability of women to participate in
Afghan public life. These restrictions appear likely to
In the years before their August 2021 takeover, the Taliban
deepen Afghanistan’s intersecting economic and
did not describe in detail what role women might play in a
humanitarian crises, which have disproportionately affected
Taliban-governed society. In February 2020, deputy
women and girls. Despite near universal condemnation,
Taliban leader Sirajuddin Haqqani wrote of “an Islamic
including from U.S. adversaries, and reported
system … where the rights of women that are granted by
disagreements within the Taliban about the advisability of
Islam—from the right to education to the right to work—
these policies, the Taliban government has been
are protected.” Skeptics noted that pledges to safeguard the
unwavering in their implementation. Congressional
rights of women “according to Islam” were subjective and
attention to Afghan women and girls, a major focus of
echoed similar pledges made by the Taliban while
previous U.S.-led development efforts, goes back over two
previously in power.
decades and includes numerous oversight and funding-
related legislative measures. Going forward, Congress may
Women under Renewed Taliban Rule
examine the impact of these measures and consider other
Despite some initial signs of moderation immediately after
actions to support Afghan women and girls. The Taliban’s
returning to power, the Taliban appear to be re-
evident willingness to accept international opprobrium and
implementing the harsh restrictions on women and girls that
isolation as the price of their oppressive policies is likely to
characterized their 1996-2001 rule. Taliban restrictions on
complicate U.S. policy options.
women’s rights announced since 2021 include:
Background on the Status of Women
a December 2021 prohibition on women driving
more than 45 miles without a male relative (the
Decades of war after 1978 and the repressive five-year rule
Taliban reportedly started denying drivers’
of the Taliban (1996-2001) severely undermined the rights
licenses to women in May 2022) and a March
and development of Afghan women. During their prior rule,
2022 prohibition on women flying without a male
the Taliban “perpetrated egregious acts of violence” as part
relative;
of a “war against women,” according to a 2001 State
a May 2022 decree mandating women be fully
Department report. Based on their particularly conservative
covered in public with punishments for male
and culturally influenced interpretation of Islamic practice,
relatives of women deemed not in compliance; and
the Taliban prohibited women from working, attending
school after age eight, and appearing in public without a
a November 2022 decision to ban women from
male blood relative and without wearing a burqa. Women
public parks in Kabul.
accused of breaking these or other restrictions suffered
severe corporal or capital punishment, often publicly. The
The Taliban have also severely restricted women and girls’
United States and many other countries condemned these
access to education. In March 2022, the Taliban
practices.
backtracked on previous promises to allow girls to attend
school by keeping girls’ secondary schools closed,
After the Taliban were removed from power and replaced
prompting shock and condemnation from many countries.
with a U.S.-backed government in 2001, Afghan women
In December 2022, the Ministry of Higher Education also
made advancements in areas such as political
suspended women from attending university. Media
representation, education, employment, and health care.
accounts also indicated that the Taliban dismissed some
The former Afghan government, with U.S. and international
female elementary school teachers. Some Afghan women
support, ensured representation for women in government
have reportedly continued to provide informal education to
girls in private “secret schools.”
and instituted some legal protections. Still, surveys
In some areas, particularly
suggested that traditional, restrictive views of gender roles
where Taliban support has traditionally been lower and
and rights, including some views consistent with Taliban
where local populations support girls’ education, secondary
practices, remained pervasive, especially in rural areas and
schools for girls have remained open.
among younger men. Discrimination, harassment, and
In December 2022, the Taliban-run Ministry of Economy
violence against women reportedly was endemic in
ordered all local and international non-governmental
government-controlled areas and in government ministries.
organizations (NGOs) to dismiss their female employees or
Afghan women continued to lag behind Afghan men, as
risk revocation of their licenses. In response, major foreign
well as women globally, on many development indicators
aid groups such as Save the Children and the International
tracked by the World Bank and other international
Rescue Committee announced that they would suspend
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Afghan Women and Girls: Status and Congressional Action
their operations in Afghanistan. UN Security Council
previous year’s funding measure (Div. K, P.L. 117-103)
members said the decision “would have a significant and
also required such a report, which was submitted in May
immediate impact for humanitarian operations in country,
2022. Those reports may inform congressional
including those of the UN.” Interruptions to humanitarian
consideration of additional funding or authorities.
operations would have negative implications for many
Afghans, but women and girls have been disproportionately
Conditionality. Congress at times has considered and
affected by Afghanistan’s economic collapse. Afghan
enacted conditions on U.S. policy related to the protection
women face more barriers to health care services,
of women’s rights. For example, Section 1215 of the
experience higher levels of unemployment, and adopt
FY2021 National Defense Authorization Act (NDAA, P.L.
negative coping mechanisms (such as reducing food
116-283) prohibited the use of funds to withdraw U.S.
consumption, and selling belongings for food) at higher
forces from Afghanistan below certain levels until the
rates than men. Families may also be increasing the early
submission of an administration report with analysis of the
and forced marriage of girls.
impact of a U.S. withdrawal on Afghan women’s rights,
subject to a waiver that President Trump issued in January
Though decision-making within the Taliban is opaque,
2021. Congress might consider U.S. policy levers
power appears to ultimately rest with the emir, Haibatullah
(including foreign assistance or diplomatic recognition) as
Akhundzada, a conservative cleric who reportedly backs the
leverage to incentivize or penalize Taliban actions, though
hardline restrictions announced over the past year. Other
it is unclear what, if anything, might compel the Taliban to
Taliban figures, including from both the group’s political
implement specific policies regarding women’s rights.
and military wings, reportedly oppose some of the
restrictions imposed on women and girls, and some have
spoken publicly against the ban on secondary education for
“In no other country have women and girls so rapidly
girls. Some Afghans have participated in demonstrations
disappeared from all spheres of public life, nor are
against the restrictions above; in some cases, the Taliban
they as disadvantaged in every aspect of their lives.”
have violently dispersed them. Neither internal dissent nor
Special Rapporteur on the situation of human rights in
public protest have changed the trajectory of Taliban
Afghanistan, September 9, 2022 (A/HRC/51/6)
policy.
Congressional Approaches
Congressional concern for Afghan women extends back
decades. In 2001, Congress passed the Afghan Women and
Oversight. Congressional subcommittees have held
Children Relief Act (P.L. 107-81), authorizing education
hearings and briefings related to Afghan women, and
and health assistance for Afghan women. Congress has
Congress has separately tasked other entities (most notably
since shaped U.S. policy toward Afghan women and girls
SIGAR) with oversight in this area. SIGAR’s 2021 report
through a variety of funding and oversight mechanisms.
on lessons learned regarding gender equality found that
Some of these traditional U.S. foreign policy tools may be
U.S. agencies struggled to track the extent of U.S. funding
less effective in Taliban-ruled Afghanistan (where the U.S.
to support Afghan women and to measure the impact of
has no diplomatic presence) than in many other contexts.
programs, and that a failure to anticipate the Afghan
Foreign Assistance Funding. According to the Special
cultural context undercut U.S. efforts to support women and
Inspector General for Afghanistan Reconstruction (SIGAR)
girls. Members may consider the feasibility of overseeing
report, between 2002 and 2021, the U.S. Agency for
and evaluating U.S.-funded programs for Afghan women in
International Development (USAID), the Department of
a context where there is no U.S. diplomatic or other official
State, and the Department of Defense disbursed nearly $800
presence. As required by Section 103(d) of the Afghanistan
million for programs primarily intended to support Afghan
Freedom Support Act (P.L. 107-327, as amended),
women, and an additional $4 billion for programs in which
successive administrations have regularly submitted an
women’s advancement was a component. It is unclear how
annual report on all U.S. assistance for Afghanistan.
much of the $1.1 billion in U.S. assistance for Afghanistan
announced since August 2021 has been dedicated to
Sanctions. Members may consider what effect, if any, the
supporting women and girls. These funds support
potential for additional sanctions might have on Taliban
programming implemented by NGOs and UN entities.
policymaking regarding women’s rights. The Taliban are
already subject to sanctions as a Special Designated Global
Congress has taken different approaches to providing
Terrorist (SDGT) entity under Executive Order 13224. In
funding for Afghan women. Up until FY2010, Congress in
October 2022, the State Department announced visa
some years specified certain amounts of State Department-
restrictions under Section 212(a)(3)(C) of the Immigration
and USAID-administered assistance to be made available
and Nationality Act (P.L. 82-414) on current and former
for programs to support Afghan women and girls. After that
Taliban members responsible for or complicit in the
year, Congress generally authorized the promotion of
repression of Afghan women and girls. Members may
Afghan women’s rights and wellbeing but did not mandate
consider requesting the Biden Administration designate
specific funding levels.
Taliban members for additional sanctions under potentially
Section 7044 of the Consolidated Appropriations Act, 2023
relevant authorities or creating new authorities specific to
prohibits “direct assistance to the Taliban” and directs that
the repression of Afghan women and girls.
the Secretary of State and USAID Administrator submit a
report within 90 days “detailing plans...to protect and
Clayton Thomas, Analyst in Middle Eastern Affairs
strengthen the rights of Afghan women and girls.” The
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Afghan Women and Girls: Status and Congressional Action
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