Council for a Community of Democracies

IRAQIS WANT WOMEN'S RIGHTS SECURED IN NEW CONSTITUTION

Conference Held on Women's Rights in Post-War Iraq ;

Iraqis Make List of Recommendations to Constitutional Committee

June 29, 2005, AMMAN, Jordan —Iraqi women want their rights clearly defined in their country's new constitution, according to recommendations released today from a historic conference sponsored by Women for Women International. The two-day conference brought together male and female members of the Iraqi National Assembly, including members of the Constitutional Committee, Iraqi civil society leaders and women's rights advocates.

As the deadline looms to complete the new constitution, the conference focused on discussing strategies for enshrining women's rights in the new constitution. In closed-door sessions, conference participants said they wanted women to have equal rights with men and for there to be a bill of rights protecting all Iraqis. They also recommended that at least 40 percent of the seats in the National Assembly be reserved for women. They recommended making Islam the official religion of Iraq , but they agreed that there should be an independent supreme constitutional court that would protect Iraqi citizens' rights under the constitution. A list of draft recommendations is attached.

“This is a critical stage for women in Iraq ,” said Zainab Salbi , CEO and President of Women for Women International. “After wars and conflicts, there is a window of opportunity for women to help set the direction of their country and to protect their rights in a constitution. As the constitutional drafting deadline nears, that window is closing for women.”

The conference created a secure environment to open a dialogue about women's rights in Iraq and to share knowledge about the various ways women's rights have been enshrined in other post-conflict constitutions, particularly in Islamic countries, Salbi added.

Women for Women International does not advocate for specific language in the constitution. Instead, its staff works with Iraqis to help them decide for themselves what they want and to learn how to advocate effectively for women rights. For over a decade, the Washington, D.C.-based group has worked with women survivors of war to rebuild their lives on a personal, economic and political scale. Its mission is to help move women survivors of war from crisis and upheaval to self-sufficiency and stability so they can become active participants in their communities and rebuild their countries.

“Women are a bellwether for future of a country,” said Salbi. “When women prosper, the entire country prospers. But if women are oppressed, like they were under the Taliban, it's a sign of bad things to come.”

Because of security concerns, the conference was held in Jordan and its location was not disclosed. Journalists were not permitted to attend and a list of conference attendees will not be released. Insurgents have repeatedly targeted Iraqi women, particularly educated middle-and upper-class women. Since 2003, women's rights leaders, women candidates and a woman Iraqi Assembly Member have been assassinated. On Tuesday, the conference attendees learned that a male Iraqi Assembly member was assassinated as well.

The workers' strikes at the Baghdad airport almost doomed the conference before it started. Because of the airport closure, many participants drove from Iraq to the conference, an extremely dangerous way to travel. Nearly sixty Iraqis attended the conference, with almost even representation of both men and women. The group represented a broad range of religious beliefs and ethnic groups.

While the Constitutional Committee was kept at a standstill for weeks to determine the ethnic representation on the committee, fewer than 17% of the committee members are women, even though they make up over a third of the National Assembly. A record number of women flocked to vote in parliamentary elections in January 2005. After years of war and high death rates of men, women constitute 60 percent of the population, a larger percentage than any single ethnic group, but their representation has been largely ignored in the reconstruction of Iraq .

Discussions behind closed doors were vigorous and sincere. The conference topics included the importance of women in post-conflict areas, identifying issues that may need to be addressed, how to build consensus, and effective ways to advocate and increase grassroots awareness. Conversations included the role of Islam in the government, the structure of local and federal governments and the looming deadline for the constitution.

Experts from South Africa , Rwanda and Malaysia spoke about the successes and lessons from their constitutional processes. Several of the experts warned the Iraqis about trying to develop a constitution in a short period of time without forums for public input.

Some Iraqi men and women expressed concern about the deadline for the Constitution; the first draft is scheduled to be finished by August 15th. They feared that the lack of public engagement could hinder progress, particularly for women's rights issues. However, other Iraqis argued that the security situation forced them to need to move quickly and would prevent them from being able to hold public forums. The group recommended more public forums to discuss the new constitution but did not make a formal recommendation on the deadline for its completion.

There was also much debate about whether the constitution should be broad or very specific. Members of the Constitutional Committee explained to the group that because of the impending deadline – just six weeks away – they would only have time to address broad issues in the constitution.

Iraqi participants learned that the constitutions of South Africa and Malaysia allow religious and cultural laws to co-exist side by side. South African citizens may choose to be governed under cultural laws as long as they do not infringe upon certain basic rights like dignity, equality and the right to privacy.

In Malaysia , Shari'a, or Islamic family law, governs Muslim citizens for issues relating to family matters. To protect women's rights, Malaysian advocates have worked to make domestic violence qualified as a criminal – not family – matter, which ensures it is governed by the secular federal government rather than Shari'a. They have also sought to ensure that interpretations of Islam are open to public discussion. While the text of the Qur'an is considered divine, according to the expert, interpretations of Islam are made by humans and are fallible. Malaysian women's right groups advocate for progressive interpretations of Islam that include women's equality.

A Rwandan expert shared the story of her country's success in protecting women's rights. After the genocides in the 1990's, women composed the majority of Rwandans. Rwanda has the largest number of women in the legislature of any country in the world. She discussed the importance to engage women in the constitutional process and to have commissions that ensure gender equity.

Women for Women International will release a full report on the conference and formal list of recommendations in the coming weeks. ww.womenforwomen.org

DRAFT RECOMMENDATIONS

Below is a draft list of the recommendation developed at the “Our Constitution, Our Future” conference in Jordan on June 27-28, 2005. A final official list will be released in the coming weeks.

RECOMMENDATIONS ON THE CONSTITUTION

Citizenship: The constitution should include a clause that stipulates a single Iraqi citizenship, which includes both men and women. It should clarify that all citizens, both men and women, are equally entitled to the rights, privileges and benefits of citizenship; and that all citizens are equally subject to the duties and responsibilities of citizenship.
Bill of Rights: There should be a bill of rights that enshrines the rights of all Iraqi people and affirms the values of human dignity, equality and freedom. The rights of citizens may include, but are not limited to:

Equality: All citizens are equal before the law and have the right to equal protection and benefit of the law. The bill of rights will ensure that the state may not unfairly discriminate directly or indirectly against anyone on the grounds of gender, pregnancy, martial status, ethnic or social origin, age, disability, religion, conscience and belief, culture, language and birth.
Human Dignity: All citizens have inherent dignity and the right to have their dignity respected and protected.
Education: All citizens have the right to basic education, including adult and higher education.
Freedom and Security: All citizens have the right not to be deprived of freedom arbitrarily or without just cause. No one can be detained without trial. All citizens have the right to be free of all forms of violence from either public or private sources.

The government must respect, protect, promote and fulfil the rights guaranteed in the bill of rights.

Quota for Gender Equity: At least 40% of the seats in the legislature should be reserved for women. This gender equity quota should be constitutionally guaranteed. After a specified amount of time, the need for this quota can be reviewed, based on the status of women's rights and access to all levels of government. This law was recommended based on the principles of U.N. Resolution 1325 and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Role of Religion: Islam is the official religion of the country and all other religions should be respected. Islamic Shari'a is one source of jurisprudence among others. It should be noted that this issue was debated among participants. Another suggestion stated that Islamic Shari'a is a source of jurisprudence in Iraqi law from which the Iraqi government will build its laws.
Supremacy of the Constitution: The Constitution should be the supreme law of the republic. Law or conduct inconsistent with it is invalid, and the obligation imposed by it must be fulfilled. There should be an independent Supreme Constitutional Court that will ensure that the constitution is adhered to and that citizens' rights protected in the constitution are not violated.
Women's Rights: The committee should implement international laws protecting women's rights including U.N. Resolution 1325 and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). There should be absolution on all reservations that were previously attached to the resolution by the Iraqi governing council. On every level of government, there should be a women's advisor to monitor the protection of women's rights and ensure gender equity and women's access to government services.
Preamble: There should be a strong preamble to the constitution that sets a vision for Iraq . It was recommended that the Preamble is clear about women's rights and all International laws that are signed by the country including CEDAW (but excluding the reservations that were placed on CEDAW by the former government).
National Dialogue for Peaceful Cohabitation: There should be a national dialogue to address the various forms of oppression that Iraqis have suffered, including violence against women. The constitutional committee should adopt a charter based on the principles of loyalty to Iraq , rejection of violence, and dedication to the peaceful development of Iraq .
Sharing of Powers: There shall be a central federal government as well as local governments that will be determined on the basis of regions, provinces or governorates. These local governments shall be determined for administrative reasons, based upon geography, and shall not be made on the basis ethnicity or other reasons. The federation reflects the unity of Iraq ; however, powers of government should be shared between the federal and local governments.

The federal government will be responsible for diplomatic, financial and currency, resources, defense, internal affairs, transportation, and all things that relate to the unity of the country.
Local governments will provide local services to the population.
The federations reflect confidence in the local government by enabling them to serve their local population because they are more aware of their population's needs.

Commissions: The constitution should guarantee the creation of the following committees:

A committee that will be dedicated to protecting citizens from state violations of rights guaranteed in the constitution
An independent human rights commission
A commission to protect cultural, religious and linguistic heritage
A gender equity commission
A commission to oversee finances and budget
An electoral commission

RECOMMENDATIONS ON CONSTITUTIONAL PROCESS

Budget: The Constitutional Committee should develop a clear and transparent budget that will enable them to do their job well, including the funds that they will need to conduct a broad public awareness campaign on the process of developing the constitution.
Public Advisory Committee: There should be a committee that includes members of the Constitutional Committee and members of the civil society where both groups can exchange ideas on the constitution in an organized and clear forum.
Committee to Protect Women's Rights: A committee should be created to advocate for and guarantee that women's rights are protected in the constitution.
Build Public Awareness and Forums for the Public: There should be a broad awareness campaign about the constitution and every possible means should be taken to involve the public in the process. While security is an issue, there are several means to involve the public including using venues such as radio, TV, newspapers, text messaging, traditional gatherings and mosques and churches.