Identifier
Created
Classification
Origin
05GENEVA2441
2005-10-12 06:45:00
UNCLASSIFIED
US Mission Geneva
Cable title:  

COMMUNICATION FROM FIVE SRS ON WOMEN'S RIGHTS IN

Tags:  PHUM 
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UNCLAS SECTION 01 OF 04 GENEVA 002441 

SIPDIS

STATE FOR IO/SHA, DRL/MLA

E.O. 12958: N/A
TAGS: PHUM
SUBJECT: COMMUNICATION FROM FIVE SRS ON WOMEN'S RIGHTS IN
IRAQ

UNCLAS SECTION 01 OF 04 GENEVA 002441

SIPDIS

STATE FOR IO/SHA, DRL/MLA

E.O. 12958: N/A
TAGS: PHUM
SUBJECT: COMMUNICATION FROM FIVE SRS ON WOMEN'S RIGHTS IN
IRAQ


1. Mission received the following communication from Ambeyi
Ligabo, Special Rapporteur on the Promotion and Protection
of the Right to Freedom of Opinion and Expression; Manfred
Nowak, Special Rapporteur on the Question of Torture; Juan
Miguel Petit, Special Rapporteur on the Sale of Children,
Child Prostitution and Pornography; Yakin Erturk, Special
Rapporteur on Violence Against Women; and Hina Jilani,
Special Representative of the Secretary-General on the
Situation of Human Rights Defenders, regarding violence
against women and girls, women human rights defenders,
political leaders in Iraq. This communication has been
forwarded to IO/SHA via e-mail and is number 36 on the
Geneva 2005 Communications Log.


2. Begin text of letter:

REFERENCE: AL G/SO 214 (67-13) G/SO 214 (107-5) G/SO 214 (69-
15) G/SO 214 (53-20) G/SO 214 (89-11) USA 15/2005

30 September 2005

Excellency,

We have the honour to address you in our capacities as
Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, Special
Rapporteur on the question of torture, Special Rapporteur on
the sale of children, child prostitution and child
pornography, Special Rapporteur on violence against women,
its causes and consequences and Special Representative of
the Secretary-General on the situation of human rights
defenders pursuant to Commission on Human Rights resolutions
2002/48, 2005/39, 2004/48, 2003/45 and 2003/64 respectively.

In this connection, we would like to bring to your
Government's attention - as well as to the attention of the
Government of Iraq, which we are also addressing on this
matter - information we have received concerning violence
against women and girls, women human rights defenders and
political leaders.

According to information received, female political leaders
and women campaigning to protect women's rights have been
threatened and killed by members of armed group identifying
themselves, on many occasions, as Islamic extremists
targeting women for their activities in defence for women's
rights.

In January and February 2004, Mrs. Yanar Mohammed, the
Chairperson for the Organisation of Women's Freedom in Iraq,
OWFI received death threats by e-mail from an Islamist group
known as the army of Sahaba. US officials informed Mrs.
Mohammed that they were not in a position to offer her
protection. Similarly, Amira Salih, the manager for the US-
funded women's centre in Karbala, resigned as a result of

repeated death threats against her. On 9 March 2004, US
lawyer and civilian employee of the Coalition Provisional
Authority (CPA) Fern Holland as well as Salwa Oumashi, her
Iraqi assistant, were both killed in an armed attack. Mrs.
Holland was very active in supporting US-funded women's
rights projects in the governorates of Babil, Karbala and
Najaf. She was also involved in setting up women's centres
in Hilla and Karbala. Furthermore, on 20 November 2004, Amal
al-Ma'amalachi, a women's rights activist, co-founder of the
Advisory Committee for Women's Affairs in Iraq and the
Independent Iraqi Women's Assembly as well as adviser at the
Ministry of Municipalities and Public Affairs, was killed
together with her secretary, bodyguard and driver in
Baghdad.

Moreover, Aquila al-Hashimi, who is one of the three female
members in the Iraqi Governing Council (IGC),was killed in
September 2003. Her attackers were reportedly armed men
opposed to the US-led occupation. Raja Khuzai, another IGC
member received death threats for opposing proposed
amendments to the Personal Status Law. Moreover, on 29 March
2004, former Minister of Public Works, Nisreen Mustafa al-
Burawari, who was also the only woman in the cabinet, was
attacked. She survived the attack, but two of her body
guards were killed. Finally, Lami'a Abed Khadawi, a member
of former Prime Minister lyad Allawi's political party, was
killed upon returning home following a meeting of the
National Assembly.

Moreover, women and girls, including non-Muslims, are
increasingly under pressure, often violent, to wear a veil
or headscarf and to wear the traditional abaya. This has
lead to a reduction in the number of girls and women
attending schools and universities. The Ministry of Higher
Education and Scientific Research has been informed of 3000
cases of women and girls who have requested a postponement
of their studies as a result of the security situation
linked to this matter. An. increase in acid attacks at the
hands of islamist groups and militia against women for not
wearing the veil and not wearing the traditional abaya have
also been reported. Justification for these attacks is based
on the reasoning that when a woman or a girl does not wear a
veil or the abaya, she is going against Muslim traditions
and should be punished. This, together with the general
increase in insecurity in the country, has also drastically
lead to the restriction of women's freedom of movement and
their ability or willingness to participate in public life,
particularly in education, employment and political decision-
making. The prohibition of deciding about one's choice of
clothes also leads to a violation of the right to freedom of
expression.

Women and girls have also been subjected to sexual threats
by members of the US forces, including at check points and
during house searches, for example. Moreover, women and
girls have been beaten, subjected to humiliating treatment,
held for long periods in solitary confinements, and sexually
abused while in detention by US forces. Rape and killing by
criminal gangs, extremist religious groups and armed
opposition groups has also increased.

Domestic violence continues to be very common and according
to article 41.1 of the Penal Code of 1969, which is still in
force, a husband who 'disciplines' his wife is exempt from
criminal liability. Moreover, most victims of domestic
violence have no access to medical treatment. Such violence,
including forced marriages and sexual abuse, has also lead
to the increase in suicides and self-immolations, as well as
killings. In northern Iraq, the practices of Jin be Jin
(exchanging one woman for another) has contributed to the
high incidence of forced marriage. Honour killings and
mutilations are also condoned in Iraqi legislation. The law
allows the mitigation of punishment for perpetrators found
guilty of these crimes. The continued use of female genital
mutilation continues to be reported in the northern region
of Iraq. Gender discrimination in Iraq's laws further
exacerbates and entrenches the persistence of violence
against women.

Without in any way making any determination on the facts and
circumstances of this case, we should like to appeal to your
Excellency's Government to take all necessary steps to
secure the right to freedom of opinion and expression of the
above mentioned person, in accordance with fundamental
principles as set forth in article 19 of the Universal
Declaration of Human Rights and reiterated in article 19 of
the International Covenant on Civil and Political Rights
which provide that "Everyone has the right to freedom of
opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and
impart information and ideas through any media and
regardless of frontiers".

We would like to draw your attention to the Declaration on
the Elimination of Violence against Women, which stipulates
that all States should exercise due diligence to prevent,
investigate and, in accordance with national legislation,
punish acts of violence against women, whether those acts
are perpetrated by the State or by private persons (art 4
(c)). Furthermore, article 3 of the Declaration states that
women are entitled to the equal enjoyment and protection of
all human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field. These
rights include, inter alia: the right to life; the right to
equality; the right to liberty and security of person; the
right to equal protection under the law; the right not to be
subjected to torture, or other cruel, inhuman or degrading
treatment or punishment, and the right to the highest
standard attainable of physical and mental health.

We would also like to refer Your Excellency's Government to
the fundamental principles set forth in the Declaration on
the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, and in
particular articles 1 and 2 which state that everyone has
the right individually or in association with others, to
promote and to strive for the protection and realization of
human rights and fundamental freedoms at the national and
international levels" and that "each State has a prime
responsibility and duty to protect, promote and implement
all human rights and fundamental freedoms, inter alia, by
adopting such steps as may be necessary to create all
conditions necessary in the social, economic, political and
other fields, as well as the legal guarantees required to
ensure that all persons under its jurisdiction, individually
and in association with others, are able to enjoy all those
rights and freedoms in practice".

Furthermore, we would like to bring your Excellency's
attention to the following provisions, and in particular:

"- article 12 paras 2 and 3 of the Declaration which provide
that the State shall take all necessary measures to ensure
the protection by the competent authorities of everyone,
individually and in association with others, against any
violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a
consequence of his or her legitimate exercise of the rights
referred to in the Declaration. In this connection, everyone
is entitled, individually and in association with others, to
be protected effectively under national law in reacting
against or opposing, through peaceful means, activities and
acts, including those by omission, attributable to States
that result in violations of human rights and fundamental
freedoms, as well as acts of violence perpetrated by groups
or individuals that affect the enjoyment of human rights and
fundamental freedoms."

Furthermore, in the Convention on the Elimination of all
Forms of Discrimination against Women, states agreed to take
all appropriate measures to eliminate discrimination against
women in the political and public life of the country and,
in particular, to ensure to women, on equal terms with men,
the right (..) to participate in non-governmental
organizations and associations concerned with the public and
political life of the country (Art.7(c)).

We should also like to appeal to your Excellency to seek
clarification of the circumstances with a view to ensuring
that the right to physical and mental integrity of the above-
named person is protected. This right is set forth inter
alia in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the
Declaration on the Protection of All Persons from being
subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the Convention against Torture.
In particular, we would like to refer your Excellency's
Government to the Convention on the Rights of the Child. In
particular, article 19 states that States Parties shall take
all appropriate legislative, social and educational measures
to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse.

We would like to refer your Excellency's Government to the
Convention on the Rights of the Child. In particular,
article 19 states that States Parties shall take all
appropriate legislative, social and educational measures to
protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse.

We urge your Government to take all necessary measures to
guarantee that the rights and freedoms of the aforementioned
persons are respected and accountability of any person
guilty of the alleged violations ensured. We also request
that your Government adopts effective measures to prevent
the recurrence of these acts.

Moreover, it is our responsibility under the mandates
provided to us by the Commission on Human Rights and
reinforced by the appropriate resolutions of the General
Assembly, to seek to clarify all cases brought to our
attention. Since we are expected to report on these cases to
the Commission, we would be grateful for your cooperation
and your observations on the following matters:


1. Are the facts alleged in the above summary of the case
accurate?


2. Please provide statistical information since March 2003
on the number of complaints concerning violence against
women and girls which have been filed with the police by the
victims themselves or on their behalf. Please disaggregate
by age the information concerned.


3. Please provide the details, including statistical
information, and where available the results, of any
investigations, including medical examinations of the
victims, and judicial or other inquiries carried out in
relation to the above-mentioned violence against women and
girls since March 2003. If no inquiries have taken place or
if they have been inconclusive, please explain why.

4. In the event that perpetrators for the above-mentioned
acts of violence against women and girls have been
identified, please provide the full details, and statistical
information if available, of any prosecutions which have
been undertaken. Have penal, disciplinary or administrative
sanctions been imposed on the alleged perpetrators? Please
provide information concerning the punishments provided for
by law for acts of violence against women and girls, and the
sanctions that have been imposed on any persons found guilty
of having committed these acts?

5. Please indicate whether national law provides for
compensation for human rights violations and whether
compensation has been provided or will be provided to
victims or their families subjected to violence against
women.

6. Please indicate what action has been taken, in line with
your Excellency's Government responsibility to exercise due
diligence pursuant to the International Declaration on the
Elimination of Violence against Women, to prevent acts of
violence against women and girls by, for example:
i. Providing the necessary security measures, including an
increase in military presence.

ii. Carrying out educational campaigns on human rights,
particularly on the human rights of women and girls, as well
as on the phenomenon of violence against women and girls and
national and international standards calling for its
elimination.

iii. Training judges, magistrates, prosecutors, police
officers and investigators, military officers of all ranks,
prison officers, medical staff and other relevant public
officers, on national and international human rights norms
and standards, particularly on the human rights of women and
girls, as well as on the phenomenon of violence against
women and girls and national and international standards
calling for its elimination.


7. More generally, please provide information on plans and
already existing efforts to prioritize the issue of violence
against women and girls by, inter alia, (1) allocating
necessary resources in the country's annual budget, (2)
working with donor agencies to fund programmes aimed at
eliminating violence against women, and working
strategically with national and international civil society,
as well as the UN agencies, to address this matter at all
levels, including the legal, social, cultural, traditional
and historical levels.


8. Please indicate any obstacles faced by your Excellency's
Government in addressing the above-mentioned issues and
identify the assistance you require to fulfil your
international human rights obligations in this regard.
We would appreciate a response by sixty days. We undertake
to ensure that your Government's response to each of these
questions is accurately reflected in the reports we will
submit to the Commission on Human Rights for its
consideration.

Please accept, Excellency, the assurances of my highest
consideration.

Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression

Manfred Nowak
Special Rapporteur on the question of torture

Juan Miguel Petit
Special Rapporteur on the sale of children, child
prostitution and child pornography

Yakin Ertiirk
Special Rapporteur on violence against women, its causes and
consequences

Hina Jilani
Special Representative of the Secretary-General on the
situation of human rights defenders

End text of letter.

MOLEY