In
February 2014 GICJ participated at the 57th session of the Committee
for the Elimination of Discrimination Against Women (CEDAW). GICJ
submitted a written report to the Committee, in which it addressed some
of the key issues for women in Iraq, delivered an oral statement during
the session, and assisted the interactive dialogue between experts and
State.
GICJ participated at the 57th session of the Committee for the Elimination of Discrimination Against Women (CEDAW).
The CEDAW Committee
consists of 23 experts on women’s rights from around the world and
monitors the implementation of the 1979 Convention on the Elimination of
All Forms of Discrimination against Women.
Countries who have become party to the treaty (States parties) are
obliged to submit regular reports to the Committee on how the rights of
the Convention are implemented. During its sessions the Committee
considers each State party report and addresses its concerns and
recommendations to the State party in the form of concluding
observations.
The Committee can also receive claims from individuals or NGOs with
regard to grave or repeated violations of women’s rights. Based on the
information submitted and the interactive dialogue that follows, the
Committee then formulates general recommendations that are directed to
States.
The procedure
Ahead of each session each state party must submit a report. Based on
this report the Committee then sends a list of issues and questions
related to the report, to which the State party submits its response
during the session. These reports are part of the official documentation
of the meeting and published on the United Nations website. In 2014 the
official Consideration of reports submitted by States parties covered
the period from 1998 to 2010.
During the session related to women’s rights in Iraq amongst the issues
that were discussed were: access to justice and women in detention,
national machinery for the advancement of women, stereotypes and harmful
practices, violence against women, trafficking and exploitation of
prostitution, participation in political and public life, education,
employment, health, widows and divorced women, refugees, returnees and
internally displaced and stateless women.
GICJ submitted a written report to the Committee, in which it addressed
some of the key issues for women in Iraq, delivered an oral statement,
and assisted the interactive dialogue between experts and State. GICJ
considered it important for its written submission to elaborate the
disastrous impact of the sanctions and the illegal 2003 US-invasion/
occupation on the Iraqi women’s rights. These aspects unfortunately were
largely marginalized in the official reports, in favour of an
inoffensive pro US-approach, even if sanctions and invasion fell right
into the time covered by the report.
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Women in Iraq, source:ICRC
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Key issues highlighted by GICJ
Although of course all government reports try to present the State
party in the best possible light, GICJ found it especially appealing to
see that the Iraqi government's statements reflected only very little on
the constantly deteriorating human rights situation as a result of the
2003 invasion and occupation. Instead, it defended one more time its
corrupt and sectarian policy, even though the disastrous situation has
been well documented by a multitude of international organizations and
NGOs.
Below are some of the key issues highlighted by GICJ together with a
critical reflection on the Iraqi response to the list of issues
presented by the Committee.
Economic and health situation: Prior to 1990 women
were integral to Iraq’s economy and held high positions in the private
and public sectors, thanks to advanced labor and employment laws. Under
sanctions, women had more and more difficulties finding paid work or
could not afford to work anymore. They were hence forced back into the
traditional roles and sheer survival became the main aim of their lives.
The already fragile situation deteriorated following the US-invasion in
2003 due to which much of the infrastructure of Iraq was destroyed. As a
result, one-third of Iraqis are living in poverty, with more than 5 per
cent living in abject poverty, but these figures may well be a grave
underestimation. Polygamy, a by-product of poverty, is promoted as a way
to provide social protection for unemployed women in need of
assistance.
In view of these dramatic development facts it was extremely alarming
to see that the Iraqi State sadly downplayed the situation. Instead
boasted itself with social programs aimed at combating poverty, without
mentioning at any point the rampant corruption inside Iraq, due to which
all such programs are doomed to fail. The poverty described by the
State party was much less dramatic than in all reports GICJ has ever
received. According to the State part’s reply the level of poverty
declined to 18.9 % in 2012, whereas other sources indicate that
following the invasion 50% of the Iraqi people are living in slum
conditions. It was further remarkable to see that the State party
referred to the overall situation as a result of the “collapse of the
former dictatorship” (the Committee itself was much more careful in its
choice of words), thus quasi defending the invasion.
War widows: The death toll of the 2003 US-invasion is
still largely underestimated by the world. Many believe that the number
of Iraqis who died is fewer than 10.000, yet the truth is that average
estimations indicate 700.000 up to 1.500.000. Almost 2 million women
have therefore become the primary breadwinners and most of them are war
widows. They belong to the most vulnerable in Iraq and often live in
extreme poverty. In the years following the invasion many of them see no
other way than begging in the street. This phenomenon is totally new in
Iraq and often the government’s only response is to throw them in
prison, disregarding the fact that registering for government pensions
is a bureaucratic nightmare due to corrupt workers who demand money or
sex in exchange for the paperwork.
The number of those currently registered for the meager State Aid is
ridiculously small compared to that effectively in need, yet once again
the State party tried to promote its social welfare program and
downplayed the situation. Shockingly also, the Iraqi State response made
“blind terrorism that targeted all sections of its people, claiming the
lives of thousands of women, children and the elderly and leaving in
its wake hundreds of widows, orphans and homeless” responsible for the
situation, without at any point question the effect of the invasion.
Finally, the State party tried to prove the success of its measures with
decreasing number of victims of terrorism between 2008 and 2010,
without mentioning that in 2013, due to the sectarian policy of the
Iraqi government these numbers have once again reached record heights.
Although of course the report officially only covers the period between
1998 and 2010, it is however remarkable that in other sections of the
State response much more recent figures (until 2013) were given.
Women in detention: After the total dismantling of the
Iraqi following the US invasion the Iraqi judicial system is flawed and
inhumane on all levels. Thousands of women are illegally held in
detention for years without seeing a judge, and frequently they are
subjected to severe torture, including beatings and rape. The rampant
corruption leads to a system where women are frequently convicted after
coerced confessions. Many women are rather held in order to get
information about their male relatives’ activities rather than crimes in
which they themselves are said to be involved in. It thus seems as if
Iraqi security forces act as if abusing women will make the country
safer, whereas in fact, as long as security forces abuse people with
impunity, one can only expect the situation to worsen. Although some
reforms of the criminal justice system were promised, the brutal tactics
of security forces remain still the same.
In response to the plight of women in detention, Iraq listed
constitutional provisions that allegedly prohibit unlawful detention and
ensure access to justice regardless of gender. It further put forward
that prison visits were regularily undertaken by the public prosecutor
to monitor the conditions of detainees and that teams attached to the
Ministry of Human Rights made regular visits to detention facilities.
According to Iraq, there were more than 200 visits in 2012.
Unfortunately the presented facts did in no way reflect the real
situation of the Iraqi judicial system, which even 11 years after the
invasion is totally devoid of any sense of justice. The State reply
unfortuntaely also failed to mention that the Iraqi Ministry of Interior
systematically denied the UN access to detention facilities under its
authority. It further did not present the outcome of any those visits
and did not address the harsh reality of detention conditions as
described by Human Rights organisations.
Displaced: Following the US-invasion 2003, up to five
million Iraqis, mostly women and children, have been displaced inside
Iraq. This figure is the largest number of displacements in the region
since 1948. Displaced women face strong social stigmas, are highly
discriminated and forced to live in inhumane poor conditions. Some are
even forced into temporary marriage with bureaucrats who distribute
funds. Among the five million displaced Iraqis are 2 million internally
displaced people (IDP). 13% of the families are families headed by
women, mostly widows. Not only is it difficult for IDP women to maneuver
through the system in order to secure enough aid for their families,
but they also have to deal with the inevitable lack of resources to
cover their needs. Returnee Iraqi female-headed families also often
experience major livelihood challenges.
In its reply to this issue of displaced people, Iraq listed some
figures to illustrate how much aid was given to displaced families and
returnees, and briefly described some of its support programmes. It also
mentioned that job opportunities will be provided and that practical
measures were being taken in priority for displaced women. Iraq is
nevertheless still light-years away from delivering adequate aid to
displaced persons and returnees. Many of them struggle to meet their
very basic and fundamental needs as they are unable to have access to
the meagre government help that is available.
Education: In its report GICJ considered it important
to point out that prior to the first Gulf War in 1991, Iraq had one of
the best educational performances in the region. By making education
compulsory for all in 1976, the Iraqi government closed the literacy gap
between men and women notably, taking a great step to eradicate
illiteracy and empower women in the working field. During the sanctions
however, Iraq’s literacy rate deteriorated. Over half of Iraqi women
could not read or write, when only a decade earlier, Iraq was the
country which had the most modern education system in the Arab Middle
East. Following the invasion, the overall number of children receiving
primary education in Iraq after the war declined. Girls account for
around 44.8% of students.
Reports attribute poor school attendance to the poor security situation
within Iraq which undoubtedly is a significant contributor to these
figures. The concerns about safety yet relate to both military conflict
and civil crime such as abduction and rape. Unsurprisingly the State
party’s response to the disastrous situation of the Iraqi education
system did at no point include any critical assessment of the impact of
sanctions and invasion. Instead it praised measures undertaken by the
Iraqi government as if they were part of a state-of-the-art-system. Yet
the programs presented had more of an administrative instead of a
development character.
Sexual exploitation: Although Iraq is a signatory of
several UN protocols and pacts that protect human and labor rights, Iraq
is now considered as one of “the worst countries” in the world
regarding prostitution, sexual exploitation and human trafficking. About
4,000 women, one fifth of them under the age of 18, have disappeared in
the first seven years after the war. A huge number of girls have been
incarcerated for prostitution, in which they have been forced into
modern day slavery. The invasion and instability that followed led to an
environment where young women and girls became much more vulnerable to
trafficking.
Unsurprisingly the State reply did at no point mention that the problem
of human trafficking did not exist prior to the 2003 invasion; neither
did it mention that so far the Iraqi government has done little to
combat trafficking in girls and women, and that until now there has been
no successful prosecutions of criminals engaged in human trafficking,
no comprehensive program to tackle the problem, and only negligible
support for victims. The State reply presented some half-hearted
measures such as a law on combating trafficking that the Iraqi
government had passed in 2012, yet once again it blamed terrorist
operations or armed conflicts or for the problem of prostitution.
Although the aforementioned law supposedly provides help for the victims
of human trafficking, the State reply mentions a number of female
convicts for prostitution, which one more time indicates that the Iraqi
government tends to punish the victim rather than the offender.
Political participation: Before sanctions in 1990, women had gained important access to employment, political positions and the economic sphere. Women played an active role right in the government. After sanctions and invasion, Iraq has been plagued by violence, corruption and injustice, transforming the situation of women into a national crisis. The Iraqi Constitution guarantees women 25% of the members of the Council of Representatives. This quota system has been applauded by women organizations and international community as one of the great achievements of the “New Iraq”. This appraise has been however used as a sheer token to cover up the volume of crimes committed against women under occupation. Among the 44 Ministers, only one woman is appointed as Minister of State for Women's Affairs. Most female MPs have shown little interest in women’s rights. They rather duplicate in essence whatever their fellow male MPs already advocate.
Political participation: Before sanctions in 1990, women had gained important access to employment, political positions and the economic sphere. Women played an active role right in the government. After sanctions and invasion, Iraq has been plagued by violence, corruption and injustice, transforming the situation of women into a national crisis. The Iraqi Constitution guarantees women 25% of the members of the Council of Representatives. This quota system has been applauded by women organizations and international community as one of the great achievements of the “New Iraq”. This appraise has been however used as a sheer token to cover up the volume of crimes committed against women under occupation. Among the 44 Ministers, only one woman is appointed as Minister of State for Women's Affairs. Most female MPs have shown little interest in women’s rights. They rather duplicate in essence whatever their fellow male MPs already advocate.
Iraq emphasised that the Ministry of State for Women’s Affairs has
taken an active part in developing major strategies for 2012-2014. Among
them, there is the adoption by the Government of a strategy to combat
violence against women and the economic empowerment of women by ensuring
a proportion of appointments, borrowing and residential complexes for
women, increasing social welfare allowances and setting up a development
fund for rural women. Iraq also stated that women occupy the post of
judicial investigator in all bodies attached to the Higher Judicial
Council. One can only hope that the strategies elaborated by the
Ministry of State of Women’s Affairs will be effective in enhancing
women’s empowerment and political participation, and that the women who
occupy high level positions will show a more determined interest in
improving women’s rights in Iraq.
Birth defects: Since the invasion, young women in Iraq
have become increasingly reluctant to become pregnant for the fear of
giving birth to monstrously deformed babies, yet the issue of birth
defects was totally neglected in any of the reports. While showing its
willingness to provide some measures to control breast cancer, the State
response did not even admit a possible increase in malformations among
newly born, and accordingly did not scrutinize the cause of the problem.
Although American forces later admitted that they had used white
phosphorus shells, they never admitted to using depleted uranium, which
has been linked to high rates of cancer and birth defects. Furthermore,
several studies show a high level of contamination by other toxic
substances including Uranium lead and mercury. But, the State report
links the rising number of babies born with birth defects in some cities
to increased exposure to metals released by bombs and bullets used over
the past two decades.
A study published in 2013 finds a rate of congenital anomalies at birth
in Fallujah to be 11.5 times higher than the comparable rate in
neighbouring Kuwait. The study concludes that level of congenital
anomaly in Fallujah is unusually high and is caused by the exposure of
the population to some genetic mutagen employed during the USA attacks
on the city in 2004. There were 291 congenital anomaly cases registered
at birth in the eleven-month period at the study’s clinic. The total
number of births recorded in the hospital over the period was 6015. The
congenital anomaly included 113 heart and circulatory system cases, 72
nervous system cases, 40 digestive system cases, 30 down syndrome cases,
9 genitourinary cases, 6 ear, face and neck cases and 7 respiratory
cases.
In conclusion: Throughout the session it became one
more time obvious that the State party of Iraq avoids any criticism of
the 2003 invasion but instead proves its willingness to cooperate within
the framework of the measures established under occupation. Its reports
reflect the sectarian language and political division supported by
both, the occupier and the government which they installed in Iraq. Any
credible analysis of the situation must include the disastrous impact of
sanctions, invasion and occupation, especially when it comes to a
report covering the period between 1998 and 2010. The suffering
inflicted on the Iraqi people and notably the Iraqi women can only be
alleviated through restoring justice and accountability according to
international law and international human rights standards. It therefore
remains crucial that civil society does not stop to actively raise its
voice and insist that issues be properly addressed by the International
Community.
Related links
Report submitted by GICJ
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