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Inter Press Service, July 22,
2005
Women May Lose
Basic Rights Under New Constitution
Author : Thalif Deen
UNITED NATIONS, Jul 22 (IPS) - The irony is not
lost either amongst women's groups in Baghdad
or activists in the United States: Iraqi women
who enjoyed basic human rights under one of
the world's most repressive regimes headed
by former President Saddam Hussein are now
on the verge of losing their hard-won freedoms
under a U.S.-blessed administration in the
insurgent-ravaged country.
We express our deepest concern and worry
about the drafts lately released by the (Iraqi)
Constitutional Committee, specifically relating
to the chapter on duties and rights, in which
the (Islamic) sharia law was clearly stated
as the main source of legislation in the new
Iraqi constitution, the Iraqi Women's
Movement said in an appeal to the United Nations.
According to this draft, the new Iraqi transitional
government acknowledges the equal rights of
men and women in all fields -- as long
as it doesn't contradict with sharia law.
If implemented, the proposed new laws will restrict
women's rights, specifically in matters relating
to marriage, divorce and family inheritance.
A marriage enjoined by a woman's free will
is likely to be made more difficult, and divorces
by men relatively easier.
Several key rights that were included in the
interim Iraqi constitution are also at risk
of being taken out of the new constitution
by the drafting committee.
Appealing to the United Nations, parliamentarians
and to international women's organisations,
the Iraqi Women's Movement says: We want
the constitution to recognise women's human
rights as mother, worker and citizen, and also
prevent all kinds of violence and discrimination
against women.
The Movement is also asking for a quota of not
less than 40 percent for women in all decision-making
positions. Additionally, it wants the government
to recognise international conventions the
country has signed and ratified.
Jessica Neuwirth, president of the U.S.-based
women's advocacy group Equality Now, told IPS:
We believe that the constitution of Iraq
should be compatible with fundamental human
rights and with Iraq's obligations under international
law.
She pointed out that Iraq is a party to the Convention
on the Elimination of All Forms of Discrimination
Against Women (CEDAW), which sets forth the
obligation to embody the principle of equality
of men and women in their national constitutions.
Women in Iraq, who have been disproportionately
excluded from representation on the panel drafting
the constitution, support and are publicly
protesting for this right to equality,
she said.
We would hope that the international community
as a whole would support the call of these
women for inclusion of this basic human right
in the Iraqi constitution and respect for all
international human rights standards,
Neuwirth added.
The women of Iraq are counting on the international
community for help, says Basma AlKhateeb,
the Amman-based Iraq programme coordinator
for the U.N. Development Fund for Women (UNIFEM)
Yes, the threat is big, and many political
compromises are expected to take place between
the different influential political groups
in the Iraqi National Assembly, AlKhateeb
told IPS.
She said the political maneuvering will continue
until the last minute, before a final draft
is approved by Aug. 15, which in turn will
have to be ratified in a constitutional referendum
by Oct. 15.
AlKhateeb also said that Iraqi women feel that
since there is very little time left, there
should be urgent international pressure on
Iraqis responsible for drafting the constitution.
She said that Iraqi women have started to mobilise
against the current documents and are lobbying
Iraqi political leaders and government officials.
But they are also appealing to donors and the
international community to make sure that the
new constitution will ensure the basic human
rights of women.
Hanaa Edwar of the Iraqi Al-Amal Association,
which organised a demonstration and a sit-in
in Baghdad last week, says that despite the
deteriorating security situation, brave
women from different governorates have taken
the initiative to raise their voices demanding
equal rights for women.
She said her organisation was not only protesting
against the attempt to marginalise the role
of women but also to complain about depriving
civil society organisations a role in drafting
the constitution.
Edwar said their three-hour protest last week
has inspired us to widen our campaign
in involve both men and women, in supporting
our just demands.
Expressing her sympathies with Iraqi women fighting
for their rights, Charlotte Bunch of the U.S.-based
Centre for Women's Global Leadership (CWGL)
described the issue as complicated.
Firstly, she said, I do think that the
United States should not be in Iraq and should
leave as quickly as possible. But since
it still has a military presence in that country,
it has a lot of responsibility for the
situation there.
Therefore, I think that the United States
should be held accountable for its disregard
of the impact on women's rights of the (military)
occupation -- something many people said in
advance when the Bush administration tried
to claim the war would benefit women, and many
pointed out that Iraq had some of the best
laws and policies regarding women's rights
already, Bunch told IPS.
So yes, I think that the U.S. government
should respond to the call from women's groups
in Iraq and work to ensure that equality is
guaranteed in the constitution and that more
women are involved in this process, she
added.
After all, the United States had much to
do with picking people to be involved in reconstruction
and has done little to bring women's rights
advocates into the process. It can and should
still do so now, Bunch said.
<< Inter Press Service -- 7/22/05 >>
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