"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 US-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 UN
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 US-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 US 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
