How did Iraq reach where it is today? On a steep downward spiral when it comes to women’s rights. As last week, Iraq moved one step closer to amending its marriage laws that would completely ravage the landscape of women’s rights in the country, many not just rued the development but recalled the stark contrast that the country was only a few decades ago.
Once a highly progressive nation in the Middle East, upper-class women in Iraq began to enter the mainstream white-collared workforce back in the 1920s and 1930s. In fact, in 1979 the constitution of Iraq declared men and women as equal before law. Compulsory education for women till the age of 16, maternity leaves, were a part of societal concepts in the nation. In the 1980s women could not just vote and run for election but made up 40 per cent of the workforce. Even till as recently as Saddam Hussian’s reign Iraqi women relatively enjoyed freedom.
What the new proposed laws entail?
As for the new marriage laws, once amended, they would lower the legal age of consent from 18 to 9, allowing older men to marry girls at that age. How did we get here? Question the women’s rights and human rights activists in outrage as the news of amendment spread further. The proposed changes will not just effectively legalise child marriage but also curb any semblance of human rights available to women. The Taliban-inspired rollback of women’s rights will deprive women of rights to divorce, child custody and inheritance. According to UNICEF, a discouraging 28 percent of girls in Iraq are already married before the age of 18. This despite outlawing child marriages in the 1950s. Even without proposed changes, several loopholes in the system exist, allowing older men to marry underage girls after permission from the father. Religious leaders officiate such marriages making any legal obligations redundant.
Women in Iraq take to the streets
In August this year, thousands of women in Iraq took to the streets to protest against the proposed legal changes. The proposed change is to allow citizens to choose between religious authorities or civil judiciary to decide on crucial family matters. Furthermore, it allows the citizens to choose between the application of the provisions of Islamic Shia or Sunni sects. Thereafter the Sharia jurisprudence will be applicable to the relevant individuals and govern all personal matters.
But what are Iraq’s allies doing?
It is the dominant Shia Muslim parties in the Iraqi Parliament that are behind the proposed laws. The Personal Status Law applied to all Iraqis regardless of their religion. The legal change has already passed its first of the total three Parliamentary readings required. The second reading of the bill took place on September 16. However, women MP’s and other opponents raised their voice but, reportedly, none of their concerns have been taken into account. The next day itself, Iraq’s Federal Supreme Court ruled in favour of the amendments and said they aligned with Iraq’s constitution.
Iraq’s ruling Shia coalition has tried to amend the personal status law before in 2014 and in 2017. However, opposition from women’s rights advocates prevented it from going ahead but now with an even stronger majority, the coalition is the closest it has ever been to introducing the amendment.
NATO, the military alliance of 30 European and 2 North American states, is a powerful lobby that is currently engaged in political dialogue and even practical cooperation with Iraq. Both aimed at developing Iraq’s security forces, its defense institutions. NATO influence and cooperation has further grown following the defeat of ISIS in Iraq when NATO scaled up training and advising efforts at Iraq government’s request. United Nations, Amnesty International have been among the most vocal opponents of Iraq’s atrocities on women. But critics believe whether Iraq is emboldened by the Taliban’s abuse of women;s rights in Afghanistan or influenced by a similar situation of oppression of women’s rights in Iran, it is on a downward spiral when it comes to human rights and especially women’s rights. It is time the West speaks up or the voices go louder before the nation goes back to medieval times.
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