Iraq
Iraq
Women are crucial allies to the efforts to eliminate extremism in Iraq. The Islamic State of Iraq and the Levant (ISIL) has contributed to a political landscape in Iraq historically characterized by sectarianism, ineffective judicial systems, high levels of government corruption, and high rates of violence against women, including sexual and gender-based violence. ISIL continues to use sexual and gender-based violence and rape as weapons of war— and targets women, particularly Yazidi women and other non-Shiite minorities, for sexual slavery among fighters.
Iraq acceded to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in 1986, launched the National Strategy on Combating Violence against Women in 2013, and launched its National Action Plan pursuant to Resolution 1325 in 2014. Iraq’s National Action Plan was the first launched in the Middle East. The Ministry of Women’s Affairs in Iraq has also developed a National Strategy for the Advancement of Iraqi Women, but due to the political climate it hasn’t been effectively implemented; similarly, laws banning forced and early marriages are rarely enforced.
Based on the work of NGOWG members and their partners, the NGOWG advocates for the Government of Iraq to clarify their shelter policies, in order to allow and support Iraqi NGOs in their efforts to operate shelters and provide much needed services to survivors of SGBV. Further, the NGOWG urges the Security Council to ensure that the United Nations Assistance Mission for Iraq (UNAMI) is regularly engaging with women’s organizations, and will continue to take concrete steps to support women’s participation in all peace and security processes.
Current and Past Recommendations to the UN Security Council (Monthly Action Points)
Iraq (February 2019)
In its discussion of the situation in Iraq and the most recent report on the UN Assistance Mission in Iraq (UNAMI), the Council should consider the extent to which the mission is mainstreaming gender as a cross-cutting issue (S/RES/2421 (2018), OP 2(e)), and inquire about progress in the key areas of discussion from the May 2018 IEG meeting (S/2018/475). There should be follow-up on progress in ensuring women are fully and substantively participating in all decision-making. The Council should inquire as to progress in establishing a fair and transparent judicial process that addresses SGBV and allows for witnesses and victims to participate in transitional justice reform, as well as provide reparations and reintegration assistance for victims of SGBV. The establishment of an Investigative Team under resolution 2379 (2017) is an important step towards calling for accountability for crimes committed against civilians by ISIL. However, the Investigative Team’s first report (S/2018/1031) does not establish clear procedures for how it will investigate sexual violence and other gender-based crimes committed by ISIL. The Council should inquire with the Special Advisor and Head of the UN Investigative Team on progress hiring a gender expert and call on them to elaborate on processes for investigating sexual and gender-based crimes by ISIL (Da’esh) in Iraq, as provided for in the terms of reference. The Council should ensure that the Investigative Team has sufficient resources to thoroughly investigate crimes committed by all parties to the conflict. The Council should call for the expansion of current documentation and reporting requirements to cover all gender-based crimes, including crimes against women human rights defenders, LGBTIQ persons, men and boys, and those persecuted for defying prescribed gender roles. In this regard, the Council should request an update on the implementation of the UN-Iraq Joint Communiqué on the prevention of and response to conflict-related sexual violence. The Council should urge the Government to pass the draft Family Violence Protection law, which clarifies that NGOs may provide shelter for women fleeing SGBV. The Government should also issue a directive that allows NGOs to continue to provide such shelter while the draft law is pending before the Iraqi Parliament. Further, the Council should urge the Government to swiftly amend articles 41, 128, 377, 380, 398, 409 and 427 of the Criminal Code (CEDAW). Council members should also exert diplomatic pressure on the Government to stop all administrative procedures that hinder women’s access to documentation, including those which prevent women suspected of being affiliated with ISIL (Da’esh) from obtaining documents for themselves and their children.
Relevant Resources
