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The Status of Women in Iraq: an Assessment of Iraq’S De Jure and De Facto Compliance with International Legal Standards

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The Status of Women in Iraq: an Assessment of Iraq’S De Jure and De Facto Compliance with International Legal Standards ILDP Iraq Legal Development Project The Status of Women in Iraq: An Assessment of Iraq’s De Jure and De Facto Compliance with International Legal Standards July 2005 © American Bar Association 2005 The statements and analysis contained herein are the work of the American Bar Association’s Iraq Legal Development Project (ABA/ILDP), which is solely responsible for its content. The Board of Governors of the American Bar Association has neither reviewed nor sanctioned its contents. Accordingly, the views expressed herein should not be construed as representing the policy of the ABA/ILDP. Furthermore, noth- ing contained in this report is to be considered rendering legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This publication was made possible through support provided by the U.S. Agency for International Development through the National Demo- cratic Institute. The opinions expressed herein are those of the author(s) and do not necessarily reflect the view of the U.S. Agency for International Development. Acknowledgements This Assessment has been prepared through the cooperation of individuals and organizations working throughout Iraq as well as in Amman, Jordan and Washington DC. Many individuals worked tirelessly to make this report thorough, accurate, and truly reflective of the realities in Iraq and its sub-regions. Special mention should be made to the following individuals (in alphabetical order): Authors The ABA wishes to recognize the achievements of the staff of the ABA-Iraq Legal Development Project who authored this report: Kelly Fleck, Sawsan Gharaibeh, Aline Matta and Yasmine Rassam. De Jure and De Facto Survey Contributors The ABA wishes to express its utmost gratitude to all survey respondents, interviewees, government officials, and technical experts throughout Iraq who have provided their candid views on the status of women. In relation to the preparation of legal materials for this survey, special thanks must go to Faiza Babakhan, former legal adviser for the Ministry of State for Women’s Affairs and attorney Sarab Hassan for their research and expert advice on Iraqi law. Special thanks must also be given to Hanaa Edwar for her personal contributions to the substance of this Assessment and her leadership and commitment in managing the compilation of over 70 surveys from 16 provinces in Iraq. The ABA is also extremely grateful to the organizations and individuals who generously shared their data and other research materials including Mr. Alaa Alwan and the Al Amal Organization. Staff and Experts The ABA wishes to thank Lamis Nasser and Lori Mann for their input regarding the international treaty framework and for moderating the workshop on De Jure survey methodology. The ABA also thanks Dr. Afaf Marie for conducting the training of trainers for the De Facto survey. Special thanks must also be given to the following group for their critical analysis and expert advice on the first draft of the Assessment, which resulted in significant improvements on the original work: Ansam Abdul Hameed, Faiza Babakhan, Kamil Al-Chadirji, Hanaa Edwar, Huda Al Dujaili, Dr. Raja’a Al Khuzai, Jinan Mubarak, and Lamis Nasser. This Assessment benefited greatly from the proofing and editorial efforts of Khaled Beydoun, Rohan Burdett, Jennifer Denton and Frank McLoughlin (English version) and Marouf Shweikeh (Arabic version). The ABA sincerely thanks the ABA-ILDP staff in Jordan who continue to provide support to all aspects of this project and who have been critical to the completion of this Assessment, in particular, Lina Arafat, May Al-Khateeb, Ghada Moraly and Ayman Al Mohissin. The Arabic translation of this assessment was completed by Ayyam Safady, Hassan Krimeed, and Mueen Issa. Financial Support Finally, ABA/ILDP wishes to thank the National Democratic Institute and the United States Agency for International Development for their financial support to this project. American Bar Association 2005 TABLE OF CONTENTS PREFACE . v METHODOLOGY . vii INTRODUCTION. 1 Women’s Rights in Iraq . 1 Gender Equality and Non-Discrimination Under International Law . 4 POLITICAL PARTICIPATION, CIVIL SOCIETY AND WOMEN IN DECISION MAKING . 7 International Legal Framework . 7 De Jure Compliance . 8 The Quota System . 8 Civil Society . 9 De Facto Compliance . 10 Women’s Political Participation Under the Ba’ath Party . 10 Women’s Political Participation Under the Coalition Provisional Authority . 10 Women’s Representation in the Interim Iraqi Government . 10 Women’s Participation in the January 2005 Elections . 11 Women‘s Representation in the Transitional Government of Iraq . 11 Current Factors Impacting Women’s Political Participation . 13 Women’s Participation in Non-Governmental Organizations and Civil Society . 13 Key Areas of Concern . 14 Political Participation - International Treaty Framework . 15 HEALTH . 19 International Legal Framework . 19 De Jure Compliance . 20 De Facto Compliance . 21 Current Situation. 22 Barriers to Women’s Health. 22 Reproductive and Maternal Health . 23 Other Threats to Women’s Health . 25 TABLE OF CONTENTS i Key Areas of Concern . 26 Health - International Treaty Framework. 27 VIOLENCE AGAINST WOMEN AND THE RIGHT TO PERSONAL SECURITY . 31 International Legal Framework . 31 International Definitions of Violence Against Women . 31 State Responsibility. 32 De Jure Compliance . 32 Rape and Sexual Assault. 33 Kidnapping . 34 Murder and Mitigating Circumstances - Honor Crimes. 35 Prostitution. 36 Domestic Violence. 36 Female Genital Cutting . 36 De Facto Compliance . 37 Rape and Sexual Assault . 37 Kidnapping . 37 Honor Crimes . 37 Female Genital Cutting . 38 Domestic Violence. 38 Trafficking and Prostitution. 39 Other Forms of Violence Against Women. 39 Availability of Protection and the State’s Response . 40 Key Areas of Concern . 40 Violence Against Women - International Treaty Framework . 41 FAMILY AND MARRIAGE. 47 International Legal Framework . ..
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