Updated June 21, 2023
Afghan Women and Girls: Status and Congressional Action
Since the Taliban returned to power in 2021, the already
Women under Renewed Taliban Rule
precarious status of Afghan women and girls has
Despite some initial signs of moderation immediately after
deteriorated dramatically. Increasing Taliban restrictions
returning to power, the Taliban have re-implemented many
have severely reduced the ability of women to participate in
of the harsh restrictions on women and girls that
Afghan public life. These restrictions appear likely to
characterized their 1996-2001 rule. Taliban restrictions on
deepen Afghanistan’s intersecting economic and
women’s rights announced since 2021 include
humanitarian crises, which have disproportionately affected
• a December 2021 prohibition on women driving more
women and girls. Despite near universal condemnation,
than 45 miles without a male relative (the Taliban
including from U.S. adversaries, and reported disagreement
reportedly started denying drivers’ licenses to women in
within the Taliban, the Taliban government has been
May 2022) and a March 2022 prohibition on women
unwavering in the implementation of these restrictions.
flying without a male relative;
Congressional attention to Afghan women and girls, a
major focus of previous U.S.-led development efforts, goes
• a May 2022 decree mandating women be fully covered
back over two decades and includes numerous oversight
in public with punishments for male relatives of women
and funding-related legislative measures. Going forward,
deemed not in compliance; and
Congress may examine the impact of these measures and
•
consider other actions to support Afghan women and girls.
a November 2022 decision to ban women from public
The Taliban’s evident willingness to accept international
parks, gyms, and bath houses in Kabul.
opprobrium and isolation as the price of their oppressive
The Taliban have also severely restricted women and girls’
policies is likely to complicate U.S. policy options.
access to education. In March 2022, the Taliban
backtracked on previous promises to allow girls to attend
Background on the Status of Women
school by keeping girls’ secondary schools closed,
Decades of war after 1978 and the repressive five-year rule
prompting international shock and condemnation. In
of the Taliban (1996-2001) severely undermined the rights
December 2022, the Ministry of Higher Education also
and development of Afghan women. During their prior rule,
suspended women from attending university. Some Afghan
the Taliban “perpetrated egregious acts of violence” as part
women have reportedly continued to provide informal
of a “war against women,” according to a 2001 State
education to girls in private “secret schools.” In some areas,
Department report. Based on their particularly conservative
particularly where Taliban support has traditionally been
and culturally influenced interpretation of Islamic practice,
lower and where local populations support girls’ education,
the Taliban prohibited women from working, attending
secondary schools for girls have remained open. Some
girls’ schools have
school after age eight, and appearing in public without a
continued to face attacks under Taliban
male blood relative and without wearing a burqa. Women
rule, notably a September 2022 suicide bombing in Kabul
accused of breaking Taliban restrictions suffered severe
and June 2023 reported poisoning in northern Afghanistan.
corporal or capital punishment, often publicly. The United
In December 2022, the Taliban-run Ministry of Economy
States and many other countries condemned these practices.
ordered all local and international nongovernmental
After the Taliban were removed from power and replaced
organizations (NGOs) to dismiss their female employees or
with a U.S.-backed government in 2001, Afghan women
risk revocation of their licenses. In April 2023, the Taliban
made advancements in areas such as education,
further banned women from working for the U.N. in
employment, and health care. For example, maternal
Afghanistan; the U.N. instructed all Afghan staff to not
mortality rates, while still high, were reportedly halved
report to the office while it considered how to respond, an
between 2001 and 2017. The former Afghan government,
order that was reportedly dropped in early May. Many
with U.S. and international support, ensured representation
implementing partners halted their work after the
for women in government and instituted some legal
announcement of these restrictions, but some have since
protections. Still, surveys suggested that traditional,
reportedly resumed some operations after reaching
“acceptable workarounds” with local authorities
restrictive views of gender roles and rights, including some
.
views consistent with Taliban practices, remained
While further interruptions to humanitarian operations
pervasive, especially in rural areas and among younger
would have negative implications for many Afghans,
men. Afghan women continued to lag behind Afghan men,
women and girls have been disproportionately affected by
as well as women globally, on many development
Afghanistan’s economic collapse. Afghan women face
indicators tracked by the World Bank and other
more barriers to health care services, experience higher
international organizations, such as life expectancy and
levels of unemployment, and adopt negative coping
gross national income per capita.
mechanisms (such as reducing food consumption, and
selling belongings for food) at higher rates than men.
https://crsreports.congress.gov
Afghan Women and Girls: Status and Congressional Action
Families may be increasing girls’ early and forced
Conditionality. Congress at times has considered and
marriages, and divorce is reportedly becoming more
enacted conditions on U.S. policy related to the protection
difficult for women to obtain. Services related to gender-
of women’s rights. For example, Section 1215 of the
based violence (GBV) have been significantly reduced.
FY2021 National Defense Authorization Act (NDAA, P.L.
116-283) prohibited the use of funds to withdraw U.S.
Though decision-making within the Taliban is opaque,
forces from Afghanistan below certain levels until the
power appears to ultimately rest with the emir, Haibatullah
submission of an administration report with analysis of the
Akhundzada, a conservative cleric who reportedly backs the
impact of a U.S. withdrawal on Afghan women’s rights,
hardline restrictions on women. Other Taliban figures,
subject to a waiver that President Trump issued in January
including from both the group’s political and military
2021. Congress might consider U.S. policy levers
wings, reportedly oppose some of the restrictions imposed
(including foreign assistance or diplomatic recognition) as
on women and girls, and some have spoken publicly against
leverage to incentivize or penalize Taliban actions, though
the ban on secondary education for girls. Some Afghans
it is unclear what, if anything, might compel the Taliban to
have participated in demonstrations against the restrictions
implement specific policies regarding women’s rights.
above; in some cases, the Taliban have violently dispersed
them. Neither internal dissent nor public protest have
changed the trajectory of Taliban policy.
“…nowhere else in the world has there been an
attack as widespread, systematic, and all-encompassing
Congressional Approaches
on the rights of women and girls as in Afghanistan.”
Congressional concern for Afghan women extends back
Situation of women and girls in Afghanistan: Report of the
decades and Congress has shaped U.S. policy toward
Special Rapporteur on the situation of human rights in
Afghan women and girls through a variety of funding and
Afghanistan and the Working Group on discrimination
oversight mechanisms. Some of these traditional U.S.
against women and girls, A/HRC/52/21, June 15, 2023
foreign policy tools may be less effective in Taliban-ruled
Afghanistan than in many other contexts.
Foreign Assistance Funding. According to the Special
Oversight. Congressional subcommittees have held
Inspector General for Afghanistan Reconstruction (SIGAR)
hearings and briefings related to Afghan women, and
report, between 2002 and 2021, the U.S. Agency for
Congress has separately tasked other entities (most notably
International Development (USAID), the Department of
SIGAR) with oversight in this area. SIGAR’s 2021 report
State, and the Department of Defense disbursed nearly $800
on lessons learned regarding gender equality found that
million for programs primarily intended to support Afghan
U.S. agencies struggled to track the extent of U.S. funding
women, and an additional $4 billion for programs in which
to support Afghan women and to measure the impact of
women’s advancement was a component. It is unclear how
programs, and that a failure to anticipate the Afghan
much of the $2 billion in U.S. assistance appropriated for
cultural context undercut U.S. efforts to support women and
Afghanistan since August 2021 has been dedicated to
girls. Members may consider the feasibility of overseeing
supporting women and girls. These funds support
and evaluating U.S.-funded programs for Afghan women in
programming implemented by NGOs and U.N. entities.
a context where there is no U.S. diplomatic or other official
Congress has taken different approaches to providing
presence. As required by Section 103(d) of the Afghanistan
funding for Afghan women, including by specifying that
Freedom Support Act (P.L. 107-327, as amended),
certain amounts of State Department- and USAID-
successive administrations have regularly submitted an
administered assistance be made available for programs to
annual report on all U.S. assistance for Afghanistan.
support Afghan women and girls. Section 7044 of the
Congress might also oversee other Administration actions,
Consolidated Appropriations Act, 2023 prohibits “direct
including the work of the Special Envoy for Afghan
assistance to the Taliban” and directs that the Secretary of
Women, Girls, and Human Rights.
State and USAID Administrator submit a report “detailing
Sanctions. Members may consider what effect, if any, the
plans...to protect and strengthen the rights of Afghan
potential for additional sanctions might have on Taliban
women and girls,” delivered in May 2023.
policymaking regarding women’s rights. The Taliban are
The Biden Administration’s FY2024 budget request
already subject to sanctions as a Special Designated Global
proposes $143 million for health, education, and other
Terrorist (SDGT) entity under Executive Order 13224. In
forms of bilateral assistance in Afghanistan. According to
October 2022 and February 2023, the State Department
the request, the United States will “continue to integrate
announced visa restrictions under Section 212(a)(3)(C) of
support for Afghan women and girls throughout activities in
the Immigration and Nationality Act (P.L. 82-414) on eight
all sectors, as well as in stand-alone gender programming.
unnamed current and former Taliban members responsible
Support for women and girls will continue in programs
for or complicit in the repression of Afghan women and
addressing access to health, food, and education; prevention
girls. Members may consider requesting the Biden
of and response to GBV; and support for women’s civil
Administration designate Taliban members for additional
society leaders and organizations and women’s economic
sanctions pursuant to existing authorities or creating new
empowerment through training and livelihoods programs.”
authorities specific to Afghan women and girls.
Congress may consider specifying certain amounts of
Payne Fellow Abigail Martin contributed to this report.
assistance for programming to support Afghan women and
girls and/or for specific sectors related to women and girls.
Clayton Thomas, Analyst in Middle Eastern Affairs
IF11646
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Afghan Women and Girls: Status and Congressional Action
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https://crsreports.congress.gov | IF11646 · VERSION 12 · UPDATED