Independent Women's Forum - Research Areas > Women in Iraq

IWF Policy Brief #9: Ensuring Women's Rights in Iraq

info@iwf.org (Anne Trenolone) — Tue, 20 Nov 2007 15:23:00 EST

Download the complete Policy Brief below.

Executive Summary

It is essential that Iraqi women continue to play a vital role in their emerging democracy. Through their active participation in their government and civil society they must work to maintain their human rights to be governed by civil-not religious-courts and statutes in matters of family law such as divorce, inheritance, and child custody.

Iraq is nothing without the full integration and participation of half of its society, its women. Women doctors and pharmacists, teachers and scholars, housekeepers, and seamstresses; have struggled through the wars and strife of the past 40 years and have worked to raise children and support families through numerous hardships. Denying them their rightful place in a democratic Iraq would be a catastrophe.

In February of 2004 women successfully secured a retraction of the Iraqi Governing Council's Resolution 137-the resolution would have transferred civil actions in regards to family and personal law including marriage, divorce and inheritance matters, to the jurisdiction of clerics and Shari'ah or Islamic law. However, Iraqi women continue to battle against repeated efforts to dismantle the legal tenets which established civil precedence in Iraqi family law in 1959. The most recent attack on women's rights in these matters is enshrined in Article 41 of the Iraqi constitution. Article 41 is in essence a repackaging of Resolution 137. Many see Article 41 and its call for family law to be governed by various interpretations of Shari'ah determined by sect or tribe as a direct contradiction of Article 14 of the same document which states that "all Iraqis are equal before the law." Analysts claim these differing interpretations could in some communities lead to the legal marriage of girls as young as nine.

Yes, There are Still Women in Afghanistan and Iraq: And They Still Need Our Support

info@iwf.org (Anne Trenolone) — Thu, 04 Oct 2007 16:37:00 EDT

On the international side of things here at IWF we have for quite some time been working on issues related to the rights of women in Iraq and in Afghanistan.

Last night on the Fox News Channel, on Hannity & Colmes to be exact, these women and their rights crept slowly and quietly into the 2008 presidential campaign dialog.

During a joint interview with Fred Thompson and Jeri Thompson, she offered these words:

"The one thing that I might express if I have the opportunity and since you are allowing me to do that, is that it does seem surprising to me that there isn't more coverage of women's rights in Afghanistan, in Iraq, in Iran."

I would agree it is a topic that has faded into the background a bit. Social and political barriers facing women in Iraq remain today and in many ways are exacerbated by the ongoing conflict surrounding them. Traditional ideas about the role of women in society predominate. An ongoing struggle remains as religious extremists attempt to curtail women's roles and rights in society.

And in Afghanistan even with the legal barriers removed requiring women to wear the Burqa and with young girls attending school, challenges remain. The Taliban and its supporters have focused on the destruction of schools in an effort to deter attendance and push girls back into their homes. Some girls' schools in more dangerous provinces have even gone back underground. But what I would add is that women in Afghanistan are far from being victims. They are a vibrant, reticent group. And while they may still navigate their society with an abundance of caution under the cover of their blue burqas, they are out on the streets, they are working, they are making money and they are striving to improve their lives and the lives of their families. Is this strive to improve their lives the picture of progress we may have envisioned as westerners (particularly western women), where women throw off their burqas, embrace jeans and t-shirts on the streets and defy anyone to get in their way, no...but it is a start. As I have said on this blog before, change will come slowly.

Click here to reach the video link to the second portion of a three part interview posted on foxnews.com and hear these comments first hand or click here for the transcript.

*As a note, I inserted the text marked (inaudible) on the transcript because essentailly, it's easier to transcribe a few sentences than an entire interview :)

How are women's rights in Iran?

info@iwf.org (Allison Kasic) — Fri, 15 Sep 2006 10:33:00 EDT

Answer = pretty bad.

IWF's international policy team (Yasmine Rassam and Lida Noory) examine the struggle for basic human rights in Iran over at Human Events Online this morning:

"It comes as little surprise that women who are treated as second-class citizens in Iran still struggle for basic human rights protections under Iranian law. Since the overthrow of the Shah in 1979, Islamic clerics have imposed strict interpretations of shari'a law and segregated women in most aspects of public life.

"There has been a series of cases where women have been condemned to death by hanging or stoning. For instance, Ashraf Kolhari, who is a mother of four, was sentenced to death by stoning for having sex outside of marriage. Kolhari's sentence was protested by human rights and women's rights organizations across the world. Although her sentence has been suspended, stoning is still legal in Iran. Also, Nazanin Fatehi was sentenced to death by hanging for killing a man in self-defense who attempted to rape her and her niece.

"In Iran, boys are considered legally responsible for their crimes after the age of 15, for women the age of criminal responsibility is 9. Leyla Mafi, one of many young victims of this draconian legal code, was whipped 100 times for prostitution at the age of 10. Unfortunately, stories like Ashraf's, Nazanin's, and Leyla's are all too common in the Islamic Republic.

"Shari'a law also places many restrictions on women's legal and civil rights. Shortly after the 1979 revolution, the government repealed the 1967 Family Protection Law, which provided women with rights in the home and workplace, and replaced it with a legal system based on shari'a law that severely restricted women's rights in inheritance, divorce and custody rights. Gender segregation is enforced in public places and prohibits women from mixing openly with unmarried and/or unrelated men. They must ride in a reserved section on public buses and enter public buildings from separate entrances. If a woman appears in public without a chador (the appropriate head-to-toe Islamic covering in Iran) she can be sentenced to lashings or a fine."

Read the whole article here.

Why won't western "feminists" condemn Iranian mistreatment of women?

info@iwf.org (Charlotte Hays) — Fri, 25 Aug 2006 08:30:00 EDT

A 1970s feminist, Pamela Bone is shocked at the strange non-reaction by today's feminists to abuses of women in the Islamic:

"In Tehran in June, several thousand people held a peaceful demonstration calling for legal changes that would give a woman's testimony in court equal value to a man's. The demonstrators, most of them women, were attacked with tear gas and beaten with batons by men and women from Iran's State Security Forces, according to Amnesty International.

"Iranian women may not travel without their husband's permission but they are allowed to wield a truncheon against other women.

"Do you think women in Western countries marched in solidarity with the Iranian women demonstrators? Of course not. Do you think there are posters and graffiti at universities condemning the Iranian President? Of course not. You know, without needing to go there, that any graffiti at universities will be condemning George W. Bush, not Mahmoud Ahmadinejad. (I concede Bush is easier to spell.)"

A surprising view of women and Islam...

info@iwf.org (Charlotte Hays) — Mon, 08 May 2006 07:55:00 EDT

"I firmly believe that women are our best hope in dealing with the Muslim world, because they have so much to gain from modernization."
---scholar Bernard Lewis in a recent address on women and Islam

According to the blurb on the invaluable Arts and Letters Daily (where I spotted this), Lewis, author of, "What Went Wrong: The Clash between Islam and Modernity in the Middle East," "knows Islam's splendor and the dignity it gives to drab, impoverished lives. He also knows its darkness and its rage."

That's why his comments on women and Islam are so important. The speech, as with all things Lewis, is erudite and intriguing, but here's the most relevant portion:

Islamic law permits polygamy and concubinage. The Quran is quite explicit on this. It says a man may have up to four wives and as many concubines as he wishes and can afford. Concubines are female slaves whom it is permitted to use sexually.
Polygamy and concubinage remain legal, in many Muslim countries. But some Muslim countries have actually outlawed polygamy. Some have hedged it with all kinds of restrictions, like requiring the written consent of the first wife to the acquisition of any subsequent wives, which is not impossible to get, by the way, by various means.

In many countries, although polygamy is still legal, it's no longer socially acceptable. In others it's no longer economically possible. I would say that, on the whole, polygamy is in decline, and concubinage has almost disappeared except in the Arabian Peninsula, where it still flourishes.
In other respects, women have made enormous progress in some countries, although by no means all, and that is in education. And here, one of the encouraging features of the situation is that one of the countries where women have done best is in Iraq. Now, don't misunderstand me, I'm not speaking of rights , the word "rights" has no meaning at all in that kind of society - I'm speaking of opportunity, of access. Women in Iraq - and this goes back a long way; it started under the monarchy and continued under the various succeeding regimes - had access to higher education to a degree without parallel in the Arab world, with the possible exception of Tunisia. They could go to university. They could enter the professions.
This, I feel, is a very hopeful sign for the future. Women generally do not receive the brain-deadening indoctrination that passes for education in many of these countries, because they're not thought important enough to be given it.
This does have a beneficial result, and I would say in many respects women are the greatest hope for much of the Islamic world, notably - but by no means exclusively - in Iraq.

These Are the Modern-Day Trailblazers

info@iwf.org (Carrie L. Lukas) info@iwf.org (Michelle D. Bernard) — Thu, 03 Nov 2005 00:00:00 EST

National Review Online

In Washington, D.C., conferences about democracy and limited government are as common as pumpkins on Halloween. Interns and junior staffers tend to slouch in their seats, half-heartedly listening to speakers while waiting for the start of the free sandwich buffet.

A conference for Iraqis is a different story. When the Independent Women's Forum (IWF), in partnership with the American Islamic Congress and the Foundation for the Defense of Democracies organized such a conference for Iraqi women, women from across Iraq sought to attend. In all, 1,300 women throughout Iraq applied to attend the conference. This meant filling out lengthy applications and, in some cases, traveling to an interview.

Ultimately, 150 women were selected based on their leadership qualities and commitment to democracy. They traveled across Iraq- some leaving their villages for the first time- to attend the conference in Jordan at great personal risk. In fact, several program participants were shot at en route to the event.

The Iraqi women wanted to attend this conference because they want the things embodied in the conference agenda. They want democracy and a government beholden to its people. They want a limited government, a free press, and economic liberty. The women who attended represented almost every ethnic and religious group in Iraq. Some dressed in western garb, while others wore headscarves. Some were dressed in black abayas, and still others wore the brightly colored dress of Kurdistan. But they shared a common vision of a free and democratic Iraq.

The five-day conference provided an overview of the concepts that underpin a stable, democratic country such as limited government, religious freedom, and economic liberty. Not only were these fundamental ideas explored, but there was a "democracy in action" session- taught by Rep. Kay Granger (R.,Tex.), Rep. Tom Osborne (R., Neb.) and several other Members of Congress- dedicated to the practical application of these principles. Women roleplayed, learning how to lobby and influence policymakers. At the end of the conference, the women were given ways to continue to work together through follow up events and communication networks.

Today, these women are working toward their common goal. They continue to participate in regional conferences to encourage more women to become politically active. These women can draw upon a women-experts panel, which consists of some top scholars from around the global, who offer advice about the ongoing efforts to protect women's rights in the new government. They continue to partake in networking events so they remain in contact and coordinate their efforts. And they are making a difference, laying the groundwork for women's full participation in Iraq's government.

The Iraqi constitution- a step forward in creating a stable, democratic Iraq- initially failed to explicitly protect women's rights and contained some provisions of concern to Iraqi women, by leaving open the possibility that religious courts would dominate important areas of the law. Many Iraqi women fought against this and won important additional protections for women. While only time will tell if the new Iraqi government successfully protects and secures women's rights, the very fact that women are participating in the government's creation gives reason for optimism that ultimately Iraq will view women as equal under the law.

Of course, there are many forces in Iraq hostile to women's equality and political participation. Some of the women who have been most active in promoting women's rights in Iraq have lost their lives. Amal Mamalchi, who had been an early advocate of women's rights in a post-Saddam Iraq, was assassinated last November.

Others face the threat of violence. Narmin Othman, the minister of women's affairs under the Iraqi interim government and current minister of environment, who attended the conference in Jordan, survived an assassination attempt this summer. Three bodyguards were wounded, but this brave woman was defiant after the attack, saying "This is a cowardly act that will not prevent me from carrying my duties." The current minister of state for women's affairs, Azhar Al-Shakly (who attended another conference for Iraq women IWF hosted in Washington, D.C. in July) receives threats regularly and recently lost her brother to an assassination. In spite of these dangers, these Iraqi women remain committed to ensuring women are fully represented and allowed to participate socially, economically, and politically in their country.

These Iraqi women may one day be remembered as trailblazing leaders who helped craft a truly free society in the Middle East. For now, they are women of unparalleled courage who are some of Iraq's best assets as it moves forward to a free and stable democracy.

Carrie Lukas is the director of policy at the Independent Women's Forum and Michelle D. Bernard is senior vice president and incoming president and CEO IWF.