After the Invasion: an Outlook on the Future for Iraq's Women
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;;;;;;;;;;;;;;;;;;;;;; Geography/Women’s Studies 494 Research Project 1908 when Iraq still formed part of the Ottoman Empire.3 I specialize in areas of law concerning After the Invasion: An womenÕs rights, one of a dwindling number of such lawyers. Since the 2003 U.S.-led invasion, Outlook on the Future and especially since the ratiÞcation of IraqÕs new constitution in October 2005, many of my colleagues for IraqÕs Women have ßed the country.4 Religious extremists who Kylie Alexandra seek to impose strict interpretations of ShariÕah law have targeted acts of violence towards lawyers that Aasalaamu Aleikum. My name is Amirah al- defend women in custody battles, or who accept cases Chalabi. I am an Iraqi, a woman, and a lawyer. These concerning so-called Òhonor killings.Ó According to labels which I give myself are laden with meaning, the Iraqi Lawyers Association, thirty-eight lawyers as will become clear. The calendar inches its way have been killed since October 2005, with hundreds 5 towards the new year, 2007, but in Iraq, we are not more reporting violence and intimidation. really in a celebratory mood. My heart feels heavy, Soon, those of us left will be unable to cope with tense, and anxious. I worry for my people, but mostly the number of requests we receive from women for my women. I say ÒmyÓ people, ÒmyÓ women, seeking our help. Therefore, structural inclusion of because we are together experiencing the effects of womenÕs interests from the top-down is vital to the war, conßict, violence, and oppression. The outcomes health and safety of women in Iraq. This, however, of which affect us all. But more than that, I am calling is where we presently face a major roadblock. One on all Iraqi women to recognize that there is a thread cannot fully understand the position of women in which connects us, despite another, for some more Iraqi society without realizing how our status and salient characteristic: religion. We must collectively participation has changed according to the priorities 6 demand our rightful place at the helm of this nation if of the ruling government. the policies it embraces are to reßect our best interests. In March 2003, coalition forces entered Iraq, Iraq is standing on the precipice of another day in our and brought with them the promise of improving tangled history of gender relations. Or perhaps we the lives of Iraqi women. United Nations Security have already jumped over. Council Resolution 1438 encouraged this hope. It I grew up in a moderate ShiÕa family in the described the need for a Òrule of law that affords Yarmouk neighborhood of Baghdad, located in central equal rights and justice to all Iraqi citizens without 7 Iraq. Yarmouk used to house many members from regard to ethnicity, religion, or gender.Ó It will take Saddam HusseinÕs BaÕathist regime, although it also more than this, though, to change the embedded contains a small ShiÕa population1, of which my family patriarchal traditions of Iraqi society. Parallel with is counted amongst. Born in 1946, I have experienced intermittent breakouts of war, enduring economic the full trajectory of womenÕs rights in Iraq. The year sanctions, impoverishment, and associated feelings I was born, the WomenÕs College opened in Baghdad2, of vulnerability, Iraqi men frequently seek to and offered four-year degrees in teaching that consolidate their fragmented power by wielding it produced a ready cadre of teachers to instruct Iraqi over Iraqi women. This often means the imposition girls how to be good wives and mothers, maybe even of restrictions on womenÕs freedom and movement, secretaries. My parents expressed a strong desire for or conversely, the provision of rights in the name of me to attend the WomenÕs College, but I developed 3 Qubain, Fahim Issa, Education and Science in the Arab World, other ideas. At the age of twenty-two, I was one of p 267. only a handful of female graduates from the Baghdad 4 Peace Women, ÒIRAQ: Lawyers killed for defending cases Ôagainst Islam,ÕÓ http://www.peacewomen.org/news /Iraq/ University College of Law. The Baghdad University Aug06/Lawyers_killed.html, accessed 11.16.2008. College of Law is steeped in tradition, founded in 5 Ibid. 6 Brown, Lucy and David Romano, ÒWomen in Post-Saddam 1 Yarmouk, Baghdad. http://en.wikipedia.org/wiki/Yarmouk_ Iraq: One Step Forwards or Two Steps back?Ó NWSA Journal (Baghdad), accessed 11.16.2008. 2006, 18(3):51-70. 2 Qubain, Fahim Issa, Education and Science in the Arab World, 7 Cited in Brown, Lucy and David Romano, ÒWomen in Post- Ayer Publishing:1979, from http://books.google.com, accessed Saddam Iraq,Ó p 51. 11.15.2008. �� national advancement. Nonetheless, Iraqi women imposition of conservative laws.13 Article 8 granted have had to accept whatever rights men accorded the Revolutionary Command Council, IraqÕs former them. legislative body, the right to issue new laws even if they contradicted existing constitutional laws. A more Historical Perspective devastating effect resulted from the authorization Following World War II, Iraq made great of the abuse of women to extract information from strides towards gender equality. Women accessed a political prisoners. Members of the Iraqi secret police range of educational and employment opportunities, imprisoned, raped, and murdered female relatives especially in Baghdad. We could more or less dress of dissidents, and used videotapes of the atrocities to 8 as we pleased. In the rural populations outside terrorize the captured dissidents.14 of Baghdad, however, women experienced a more Prior to the Gulf War of 1991, women insurmountable gender hierarchy. The 1959 Personal represented 23% of IraqÕs ofÞcial labor force, primarily Status Law represented a milestone for Iraq and a employed in the public sector.15 16 Subsequent symbol of hope for gender equality. The Personal to the war, the situation for most Iraqis rapidly Status Law removed jurisdiction over family matters deteriorated. The renowned ÒOil for FoodÓ program from the uluma (Islamic scholars) and allocated distributed rations to 60% of IraqÕs population.17 The them to the civil judicial system. As such, the law sanctions imposed by the United Nations contributed prescribed equal inheritance for men and women, to economic collapse, which engendered mass restricted forced marriage, made provisions to unemployment, impoverishment, and widespread 9 enforce child support, and discouraged polygamy. civil instability.18 19 Like returning to a familiar habit The BaÕath Party Þrst came to power (brießy) in in a time of crisis, women were rendered inferior 1963 and included gender equality in their political subjects to male authority. Women lost their access platform. After returning to power in 1968, they to status when they lost their jobs and their ability to drafted a provisional constitution that ensured equal pursue education. Families could no longer afford treatment of women and men in the eyes of the law. to send all, or any, of their children to school, and Nevertheless, the BaÕathists altered the section of daughters were usually last in line.20 21 By 2000, female the Personal Status Law that addressed inheritance, literacy decreased to 25%.22 Iraq started to exhibit an decreasing womenÕs portion to half that of men, thus alarming pattern contrary to most nations: mothers 10 reßecting Islamic law. are often more educated than their daughters and less Women made signiÞcant gains in the 1970s socially-conservative.23 and 1980s. Substantial efforts towards literacy and After the Gulf War, Saddam Hussein relied education resulted in a 75% literacy rate amongst on neighboring Arab states for support. To appease 11 women. In 1974, the state guaranteed employment them, Hussein afÞrmed Islam as the primary for all university graduates. During the Iran-Iraq source of moral authority and set forth patriarchal War (1980-1988), women joined the Iraqi labor interpretations of the QurÕan.24 25 He introduced force in huge numbers to replace the men that were Article III of the Iraqi Penal Code which exempted away Þghting. Women obtained the right to vote in 12 13 Brown, Lucy and David Romano, ÒWomen in Post-Saddam 1980, and by 1987 were eligible for political ofÞce. Iraq,Ó p54. While important, these gains did not stem from true 14 Ibid. recognition of gender equality, but from emergent 15 Looney, Robert, ÒThe Economics of Coping: The Plight of Iraqi nationalism and the need for all people to Women in IraqÕs Informal Economy,Ó The Journal of Social, contribute to the success of the country. Political, and Economic Studies, 2005 (30)3:285-304. When Saddam Hussein assumed leadership 16 This Þgure excludes womenÕs participation in the informal of the ruling BaÕath Party in 1979, he wrote Article 8 agricultural sector. 17 Al-Ali, Nadje, ÒReconstructing Gender,Ó p746. into the Iraqi constitution which allowed for greater 18 Ibid. 8 Seymour, Richard, ÒStepping Backwards into the Future?Ó 19 Brown, Lucy and David Romano, ÒWomen in Post-Saddam The Middle East 2005, March, 18-20. Iraq,Ó p54. 9 Brown, Lucy and David Romano, ÒWomen in Post-Saddam 20 Al-Ali, Nadje, ÒReconstructing Gender,Ó p747. Iraq,Ó p52. 21 Brown, Lucy and David Romano, ÒWomen in Post-Saddam 10 Brown, Lucy and David Romano, ÒWomen in Post-Saddam Iraq,Ó p54. Iraq,Ó p53. 22 Ibid, p55. 11 Al-Ali, Nadje, ÒReconstructing Gender: Iraqi women between 23 Looney, Robert, ÒThe Economics of Coping,Ó p295. dictatorship, war, sanctions and occupation,Ó Third World 24 Brown, Lucy and David Romano, ÒWomen in Post-Saddam Quarterly, 2005 (26)4-5:739-758. Iraq,Ó p54. 12 Ibid, p745. 25 Hanish, Shak, ÒThe Role of Islam in the Making of the New Iraqi Constitution,Ó Digest of Middle East Studies, 2007 9 from punishment men accused of Òhonor killings.Ó26 greater female political representation is warranted, Honor killings are inßicted on women who are we must accept that their foremost objective is thought to bring dishonor on their families, usually securing the nation.33 In doing so, we Iraqi women from pre-marital or extra-marital sex, although also must form a collective front to demand adequate from being a victim of rape.