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108th CONGRESS
1st Session
H. R. 1482
To authorize assistance for women and girls in Afghanistan, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2003
Mrs. Maloney (for herself and Mr. Rohrabacher) introduced the following
bill; which was referred to the Committee on International Relations
_______________________________________________________________________
A BILL
To authorize assistance for women and girls in Afghanistan, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access for Afghan Women Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite the removal of the Taliban from power, women in
Afghanistan continue to experience brutal violation of their
human rights, generally outside of Kabul where warlords are
reexerting control.
(2) Strong and continued United States support can ensure
that the advances made by Afghan women since the fall of the
Taliban will continue and grow, rather than recede.
(3) The United States has made a substantial contribution
to the emergency relief and humanitarian efforts for
Afghanistan. Completing the United States mission in
Afghanistan will also require significant and long-term
investments in development and reconstruction assistance.
(4) The maternal mortality rate in Afghanistan is the
second highest in the world, with recent reports estimating
that every 30 minutes an Afghan woman dies of pregnancy related
causes, or approximately 15,000 women every year. The estimated
maternal mortality rate of 1,600 deaths per 100,000 live births
can be significantly reduced through access to primary health
care services, including safe birthing supplies, emergency
obstetric care, prenatal and postnatal care, contraception, and
prevention and treatment for the effects of sexual coercion and
rape.
(5) Women comprise 75 percent or more of the refugees and
internally displaced in camps, urban areas, and villages in
Afghanistan.
(6) 85 percent of Afghanistan's population lives in rural
areas. The women in rural areas perform vital roles in food
production, processing, and preparation. Successful
reconstruction and development assistance must target rural
women as part of any agricultural interventions.
(7) Within Afghanistan and outside of Afghanistan, local
women's organizations are delivering critical services and have
the knowledge and experience to assist the United States in
delivering effective relief aid.
(8) The Afghan Ministry for Women's Affairs is an important
ministry that is essential for re-establishing women's human
rights, ensuring that women are included in all development
efforts, and delivering critical legal, health, education, and
economic services to women throughout Afghanistan's 30
provinces.
(9) Afghan women are taking the initiative to reach across
the conflict divide and foster peace. Women's perspectives and
experiences in seeking solutions to conflicts are necessary to
ensure lasting peace.
(10) Adequate security in both urban and rural areas is
essential if women and girls are to exercise their human
rights, work, attend school, and otherwise participate in and
benefit from humanitarian and development programs sponsored by
the United States.
SEC. 3. ESTABLISHMENT OF AFGHAN WOMEN'S FUND.
(a) Establishment.--The Administrator of the United States Agency
for International Development shall establish a fund for the purpose of
assisting women and girls in Afghanistan in the areas of political and
human rights, health care, education, training, security, and shelter.
(b) Activities Supported.--The fund established under subsection
(a) shall support the following activities:
(1) Direct financial and programmatic assistance to the
Ministry of Women's Affairs in Afghanistan (hereafter in this
section referred to as the ``Ministry'') to promote the
strengthening of the Ministry as the Government of Afghanistan
continues its transition to a long-term government structure
and to enable the Ministry to fulfill its mandate. The Ministry
may use such assistance to support activities such as the
following:
(A) Multiyear women-centered economic development
programs, including programs to assist widows, female
heads of household, women in rural areas, and disabled
women.
(B) Collaboration with the Ministry of Health to
construct culturally appropriate health infrastructure
and delivery of high-quality comprehensive health care
programs, including primary, maternal, child,
reproductive, and mental health care.
(C) Programs to prevent trafficking in persons,
assist victims, and apprehend and prosecute traffickers
in persons.
(2) Direct financial assistance to the National Human
Rights Commission of Afghanistan.
(3) Construction of women's educational facilities in
Afghanistan.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $22,500,000 for each of the
fiscal years 2003, 2004, and 2005 and such sums as are necessary for
each subsequent fiscal year.
SEC. 4. ASSISTANCE TO AFGHANISTAN.
Notwithstanding any other provision of law, not less than 15
percent of the aggregate amount of economic and humanitarian assistance
authorized to be made available to Afghanistan for each of the fiscal
years 2003, 2004, and 2005 shall be made available for assistance
directly to Afghan-led local nongovernmental organizations, including
Afghan women-led organizations, with demonstrated experience in
delivering services to Afghan women and children to support their
programmatic activities and organizational development. In recognition
of the appreciating capacity of Afghan-led local nongovernmental
organizations, including Afghan women-led organizations, an appropriate
percentage of the aggregate amount of economic and humanitarian
assistance authorized to be made available to Afghanistan for fiscal
year 2006 and each subsequent fiscal year shall be made available for
assistance directly to Afghan-led local nongovernmental organizations,
including Afghan women-led organizations.
SEC. 5. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN
AFGHANISTAN.
(a) In General.--Activities described in subsections (b) through
(e) that are carried out by the United States in Afghanistan shall
comply with the applicable requirements contained in such subsections.
(b) Governance of Afghanistan.--With respect to the governance of
Afghanistan, the applicable requirements are the following:
(1) Include the perspectives and advice of Afghan women's
organizations, networks, and leaders in United States
policymaking related to the governance of Afghanistan.
(2) Promote the inclusion of a significant number of women
in future legislative bodies to ensure that women's full range
of human rights are included and upheld in any constitution or
legal structures of Afghanistan.
(3) Encourage the appointment of women to high level
positions within Afghan Ministries.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in Afghanistan, the
applicable requirements are the following:
(1) Encourage United States organizations that receive
funds authorized by this Act to partner with or create Afghan-
led counterpart organizations and provide these organizations
with significant financial resources, technical assistance, and
capacity building.
(2) Increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property.
(3) Provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education for
Afghan girls, women, boys, and men.
(4) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(5) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(6) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(d) Afghan Military and Police.--With respect to training for
military and police forces in Afghanistan, the applicable requirements
are the following:
(1) Include training on the protection, rights, and the
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in Afghanistan to ensure that training content
and materials are adequate, appropriate, and comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and
Internally Displaced Persons.--With respect to the relief,
resettlement, and repatriation of refugees and internally displaced
persons in Afghanistan, the applicable requirements are the following:
(1) Take all necessary steps to ensure that women refugees
and internally displaced persons in camps, urban areas, and
villages are directly receiving food aid, shelter, relief
supplies, and other services from United States-sponsored
programs.
(2) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high-quality
health and medical services, including primary, maternal,
child, and mental health services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to their place
of origin can do so voluntarily, safely, and with the full
protection of their rights. United States-sponsored efforts
shall not coerce refugees or internally displaced persons to
return to their places of origin.
SEC. 6. REPORTING REQUIREMENTS.
Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the President shall prepare and transmit to
Congress a report that contains documentation of the progress in
implementing the requirements of section 5. All data in the report
shall be disaggregated by gender.
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