Women's rights in Iraq: Marginalization and systemic challenges
Shafaq News / In Iraq, women grapple with a multitude of rights violations across various spheres of society.
Amidst political marginalization and limited representation in decision-making bodies, including ministerial positions, these infringements transcend into their professional lives, social interactions, and even instances of violence perpetrated against them.
Global-View
According to a report by the World Bank released on March 4, 2024, the global gender gap in the workplace is much broader than previously believed, with women receiving less than two-thirds of the rights afforded to men. Not a single country provides equal opportunities for women — not even in the wealthiest economies.
The report revealed that women only enjoy 64% of the legal protections afforded to men. For instance, out of 98 economies with legislation mandating equal pay for equal work, only 35 economies — less than one in five — have implemented measures regarding wage transparency or enforcement mechanisms to address the gender pay gap.
Chief Economist at the World Bank Group Indermit Gill emphasized that "discriminatory laws and practices worldwide hinder women from working or engaging in entrepreneurial activities on an equal footing with men. Closing this gap could increase global GDP by over 20%, significantly boosting global growth rates over the next decade."
According to the report, 151 economies have laws prohibiting sexual harassment in the workplace, but only 39 have laws prohibiting sexual harassment in public spaces.
Having outlined the broader global context of gender inequality, examining how these disparities manifest specifically in Iraq is crucial.
Political Marginalization
In Iraq, fear of political marginalization remains one of the foremost concerns for Iraqi women, given the gradual decline in their representation in successive governments since 2003, despite the Iraqi Constitution's stipulation allocating 25% of ministerial positions and parliamentary seats to women.
The dominance of a male-centric mindset faces women participating in Iraq's political process. While no law prohibits women from holding the three presidencies or chairing provincial councils, such positions have remained elusive for women, except in the Kurdistan Region, where women have assumed the parliamentary presidency for two terms.
The first transitional Iraqi government formed in 2004 under Ayad Allawi's presidency included six female ministers. However, this number decreased to five in the second transitional government led by Ibrahim al-Jaafari. Subsequent governments witnessed a further decline in the number of female ministers, culminating in the current Mohammed Shia Al-Sudani government, which comprises only three female ministers, resulting in women's representation in ministerial positions being no more than 13%.
In the first parliamentary session in 2005, there were 70 female deputies. This number increased to 83 in the second session in 2010, remained the same in the third session in 2014, and rose to 84 in the fourth session in 2018. In the latest parliamentary elections held in October 2021, women exceeded the quota and secured 97 seats, with 57 winning without resorting to the quota, out of 329 seats in the Iraqi Council of Representatives. Moreover, women won 76 seats in the Iraqi provincial councils out of 1600 female candidates, who competed for seats among approximately 6000 overall.
Despite establishing the quota system, the Iraqi Constitution in Article 20 grants women equal rights to men in participating in public affairs and political rights such as voting and candidacy.
These hurdles come despite Iraq appointing the first female judge in the Middle East, the Feyli Kurdish Zakiya Ismail Haqi, as well as the first female minister in the region, Naziha al-Dulaimi.
While political representation is a serious concern, it is closely tied to deeper societal issues. A patriarchal mindset pervades Iraqi society, influencing not just political opportunities but also how women are perceived and treated in various facets of life.
A patriarchal Society
A member of an Iraqi provincial council, who preferred anonymity, asserted that "Iraqi society remains predominantly patriarchal, favoring men in leadership roles, with appointments often subjected to political factionalism and power struggles. Additionally, Islamic parties typically resist women's leadership roles."
She added, "Given the current circumstances and political conflicts, women, including myself, do not contemplate assuming the presidency of a provincial council. The issue goes beyond women holding such positions, and even if offered, I would decline under these conditions."
According to a previous study by the MERI Institute, seven out of ten Iraqis believe that men are better suited for political leadership roles than women. Yet, they support women assuming the prime ministerial position simultaneously.
Furthermore, the report indicated that women generally receive fewer votes than men in elections. For every nine men receiving over 15,000 votes, only one woman garners a similar number of votes. Women tend to cluster at the bottom of the vote count, with seven women receiving a comparable number of votes for every three men receiving less than 5,000 votes.
In this regard, Dr. Azhar Sabeeh, a university professor, told Shafaq News Agency that "the issue of women's marginalization and the condescending view towards them is universally acknowledged and ingrained within society's structure and culture. It extends from individual perceptions to institutional domains. In most cases, this outlook prevails within institutions, unless the authority figure perceives women as independent entities rather than subordinate ones, treating them as self-standing entities rather than peripheral."
She emphasized that "women are not always ideal, nor are men. They are individuals with varying capabilities, competencies, and contributions. Categorizing based on gender is simplistic, regressive, devoid of scientific rationale, logical reasoning, and human understanding of human nature."
The patriarchal attitudes prevalent in society also extend to the labor market, where women face substantial barriers to equal participation and advancement.
Labor Market
According to official statistics, women constitute approximately 49% of the total population, yet their opportunities in the labor market remain limited.
As per a report by the World Bank issued on March 10, 2024, Iraq "witnesses one of the lowest rates of female participation in the workforce at 11% among countries in the Middle East and North Africa region", and this figure, according to the report, "represents not only a disparity between women and men but also a missed opportunity to stimulate economic development."
The report added that "the expected increase by 5% in female labor force participation in Iraq by 2025, in line with government policy objectives, is estimated to boost Gross Domestic Product by about 1.6%, leading to economic recovery and poverty reduction."
However, women's attempts to participate in various fields of work, including strenuous ones, to end male dominance have not been sufficient.
While the percentage of women's participation in government jobs is rising, that percentage has noticeably decreased in the private sector job market, according to a previous study conducted by the Central Statistical Organization, where the rate was around 78% in the government sector compared to only 21% in other sectors.
As some civil activists and women's rights advocates perceive, this presence in various fields of work has not facilitated women's access to high-ranking positions and commensurate opportunities in assuming high-level administrative positions in government institutions.
Beyond the professional sphere, social marginalization further compounds the difficulties faced by Iraqi women. This marginalization is evident in daily life, from educational opportunities to societal attitudes and family dynamics.
Social Marginalization
Professor Rana Ali Al-Shujairi stated, "Iraqi women have always been pioneers in the Middle East and have had a tangible presence since the 1920s and 1930s, while their counterparts in other Arab countries were marginalized. However, what happened after 2003 is that successive crises such as ISIS and others have passed through Iraq, and Iraqi women, representing half of society, have paid a high price for it. Nevertheless, I affirm their presence remains clear and influential in society."
She added, "Women are claiming to represent women's interests, engaging in trade and exploiting their demands for rights, not for the service of women, but for gaining specific positions and benefits, unfortunately. Currently, I find that the percentage of women holding public positions is lower than their male counterparts."
A previous survey conducted by the Central Statistical Organization of the Ministry of Planning reinforced the concept of "symbolic violence," which can be described as a form of power exercised over women with their complicity, aiming to generate a state of compliance and submission among women by imposing a system of thoughts and beliefs and attempting to embed them in the minds of those subjected to this type of violence.
The survey showed that 46.6% of men believe in a man's right to prevent women from working, 40.4% to prevent them from participating in elections, and a lower impact of preventing them from completing their education at 36.5%.
This concept is evident in the acknowledgment by participating women in the survey of a man's right to exercise control over them.
82% of Iraqi women believe that preventing a woman from traveling or going to the health center is a guaranteed right for men.
As for behaviors indicating jealousy and a desire to possess women and monitoring their behavior, 63.4% of women do not object to them and do not define them as violent.
62% of women gave men the right to prevent their wives from participating in elections, while 40% of men gave men the right to do so, reflecting a voluntary acceptance of male dominance and control.
The social marginalization of women often intersects with another grave issue: violence against women. This pervasive problem necessitates the urgent need for robust legal protections and societal changes to ensure the safety and dignity of women in Iraq.
Violence Against Women
A report by the United Nations Migration Agency on November 25, 2023, clarified that approximately one million women and girls in Iraq are at risk of various forms of violence. About 26% of Iraqi women reported that they have already experienced violence at the hands of their partners.
The government has issued several resolutions and legislations on this matter, most notably the "Plan to Combat Violence against Women" declared in 2013. In 2018, the government launched the "National Strategy to Combat Violence against Women."
Article 409 of the Iraqi Penal Code No. 111 of 1969 stipulates that "anyone who surprises his wife or any of his relatives in a state of flagrante delicto (blazing offense) in the act of adultery and kills them on the spot or kills one of them or assaults them leading to death or permanent disability shall be punished by imprisonment for a term not exceeding three years. The plea of justifiable defense shall not be admissible against those who benefit from this excuse, nor shall aggravated circumstances be applied against them."
Furthermore, the Iraqi Observatory for Human Rights clarified on March 8, 2023, that Iraqi women face numerous legal, societal, and familial challenges, including issues related to political participation, employment opportunities, and wages, as well as discriminatory attitudes and bullying faced by many women on social media.
Many societal groups still consider women as a "shame" and deprive them of education, work, and the ability to lead normal lives under the pretext of "traditions and customs."
The Observatory also highlighted a series of crimes committed against women in recent months, mostly justified under the term "honor," which shields perpetrators from accountability.
On February 5, 2023, the United Nations issued a statement concerning crimes committed against women in Iraq, urging Iraqi parliamentary officials to strengthen the institutional framework, including repealing Articles 41 and 409 of the Iraqi Penal Code. They called for the enactment of a law explicitly criminalizing gender-based violence, in line with international human rights standards, along with improving services for survivors and those at risk.
On the other hand, Article 41 of the Iraqi Penal Code No. 111 of 1969, paragraph two, allows for "the discipline of the wife by the husband, and the discipline of parents and teachers, or those in loco parentis of minors, within the limits prescribed by Sharia law, statute, or custom, as a right that may be exercised."
One of the areas where violence and societal control intersect is in women's freedom of movement, particularly when traveling with children.
Freedom of Travel With Children
According to a report by Human Rights Watch issued on July 18, 2023, women across the Middle East and North Africa face varying restrictions that prevent them from moving freely within their own countries and traveling abroad without permission from a male guardian.
Women practically encounter discrimination when attempting to rent apartments if they are unmarried or without permission from a male guardian, as seen in Algeria, Egypt, Iraq, Kuwait, Qatar, Saudi Arabia, and Palestine.
Hotels in countries like Egypt, Iraq, Kuwait, Morocco, Qatar, and Yemen also prevent some women from renting hotel rooms without a male guardian, either due to state policy or in practice.
Additionally, 14 countries in the region do not allow women to obtain passports for their children on an equal basis with men.
Moreover, officially or practically, countries such as Iran, Iraq, Jordan, Oman, Palestine, Qatar, Syria, the UAE, and Yemen require women to obtain permission from the father of their children to travel abroad with them, while no similar requirement is imposed on men.
