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Independent Women’s Forum

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Position Paper

June 2006

POSITION PAPER NO.

602

WOMEN’S PARTICIPATION IN THE DEMOCRATIC PROCESSES IN IRAQ AND AFGHANISTAN: ACHIEVEMENTS AND

CHALLENGES

By Michelle D. Bernard, A. Yasmine Rassam and Lida Sahar Noory Executive Summary

Written for The Center for Vision and Values at Grove City College and presented at its April 2006 Conference: “Mr. Jefferson Goes to the Middle East: Democracy’s Prospects in the Arab World.”

Women, often the first sector of society to be negatively impacted by war, conflict, and economic upheaval, suffered tremendously under the Taliban and Saddam Hussein. Despite years of degradation under these regimes, both Afghan and Iraqi women emerged as full participants in civil and public life as their countries embarked on the path to democratization. Even at the expense of their personal security, Iraqi and Afghan women actively engaged in the electoral process and advocacy efforts to shape national policy on a host of issues, including women’s human rights. Women joined political parties, voted, and ran for office in record numbers. As a result, Iraqi and Afghan women are represented in the various echelons of government as ministers, parliamentarians, and members of local government. In addition, women’s non-profit organizations have established themselves as key stakeholders in these countries’ nascent, yet flourishing, civil societies. After the overthrow of the Taliban, women comprised 12% of the Emergency Loya Jirga. In addition, two women ministers were appointed to the Afghan Interim Authority. The 2004 Afghan Constitution also provides a broad equal protection clause that extends to men and women.

In February 2004, Iraqi women demanded that the Interim Governing Council withdraw Resolution 137, which would have put family law under shari’a law. The Law of Administration for the State of Iraq for the Transitional Period (TAL) and Iraq’s permanent constitution mandate that 25% of the seats of the National Assembly be reserved for women. Under the Transitional National Assembly, women were elected to 87 out of the 275 seats and six women were appointed ministers. Both Iraqi and Afghan women are actively participating in civil society through NGOs and vocational centers.

Despite their sizeable representation in government, Iraqi and Afghan women still face considerable challenges. Political instability, lack of security, and traditional social and religious mores continue to prevent women from being full participants in the political process. Women’s rights, particularly in the area of family law, need to be protected under the constitution; the constitution’s subsequent interpretation and related legislation must be protected from strict interpretations of shari’a that discriminate against women. Education and employment opportunities for women will ensure that future generations of qualified women leaders assume positions in the private and public sectors.

Women’s Participation in the Democratic Processes in Iraq and

Afghanistan: Achievements and Challenges

2

Introduction

At the advent of the new millennium, few would have dared

imagine that both Iraq and Afghanistan would be democratically

governed within the next five years. Yet today both countries have

taken monumental steps toward democratization, namely by holding

free and fair elections and ratifying permanent constitutions. As these

countries emerge from the legacy of despotic regimes, governments

and citizens alike are taking crucial steps to guarantee that political

freedom takes root in lands where dissent and civic engagement were

ruthlessly forbidden.

Women, often the first sector of society to be negatively

impacted by war, conflict, and economic upheaval, suffered

tremendously under the Taliban and Saddam Hussein. Despite years of

degradation under these regimes, both Afghan and Iraqi women

emerged as full participants in civil and public life as their countries

embarked on the path to democratization. Even at the expense of their

personal security, Iraqi and Afghan women actively engaged in the

electoral process and advocacy efforts to shape national policy on a

host of issues, including women’s rights. Women joined political

parties, voted, and ran for office in record numbers. As a result, Iraqi

and Afghan women are represented in the various echelons of

government as ministers, parliamentarians, and members of local

…Governments and citizens

alike are taking crucial

steps to guarantee that

political freedom takes

root in lands where dissent

and civic engagement

were ruthlessly forbidden.

I N D E P E N D E N T W O M E N ’ S F O R U M

3

government. In addition, women’s non-profit organizations have

established themselves as key stakeholders in these countries’ nascent,

yet flourishing, civil societies.

Policies and practices, such as those found in Iraq and

Afghanistan, that promote gender equity in the democratic process not

only positively impact the economic, social, and political development

of women and their families, but also have broader national and

international repercussions. Domestically, countries that respect

women’s rights strengthen democracy by instilling stability and

prosperity in the fabric of the nation. When women have more rights

and equality in any given country, national standards of living such as

life expectancy, incomes, and education, also rise.1

The promotion of women’s rights also touches on profound

security concerns for the global community. For example, studies have

shown that societies that condone or promote violence against women

are more prone to engage in other types of violence, such as aggression

against their own populations or acts of terrorism.2 In today’s global

climate, policies that empower women to take part in political

processes, nation-building, and reconstruction encourage democracy

and economic stability and, in so doing, deter violence by addressing

some of the root causes of terrorism.3

Indeed, as Secretary Colin Powell remarked:

Women, often the first sector of society to be negatively impacted by war, conflict, and economic upheaval, suffered tremendously under the Taliban and Saddam Hussein.



4

It is not just popular opinion, but plain fact: Countries that treat women with dignity, that afford women a choice in how they live their lives, that give them equal access to essential services, give them equal opportunity to contribute to public life—these are the countries that are the most stable, viable, and capable of meeting the challenges of the new century. . . .4

Countries that suppress women are more likely “to stagnate

economically, fail to develop democratic institutions, and become more

prone to extremism.”5

Given the international, national, and personal dimensions of

this issue, this paper will analyze how women have fared, both

quantitatively and qualitatively, with respect to participation and

representation in the political process and civil society in Iraq and

Afghanistan. Parts II and III, for Afghanistan and Iraq respectively,

describe women’s achievements in the political process, the setbacks

they have encountered, and the challenges that lie ahead. Part IV

concludes that while strategies for inclusion such as a quota for

women’s participation in government are an important first step,

further advocacy efforts by civil society and politicians alike are

necessary to protect and advance women’s rights. Nevertheless,

women’s considerable contributions to the democratization processes

of Iraq and Afghanistan represent a major historic advancement—an

advancement that should be built upon and expanded for years to

come.

When women have more rights and

equality in any given country,

national standards of

living, such as life expectancy,

incomes, and education, also

rise.


5

II. WOMEN’S POLITICAL PARTICIPATION AND REPRESENTATION IN AFGHANISTAN (2001-2005)

Before the invasion of the Russians in 1979 and the ensuing civil

war, Afghan women were engaged in all aspects of public life as

doctors, lawmakers, and university students.6 As civil upheaval

continued throughout the 1980s and 1990s, women in Afghanistan saw

a progressive erosion of their rights, which culminated in the Taliban’s

reign of terror from 1996 to 2001. The Taliban’s egregious violations of

women’s rights, under the aegis of fundamentalist Islam, gave

Afghanistan one of the worst human rights records in the world.

Under the Taliban, “women were denied civil and political rights, the

right to free assembly, freedom of movement, and the right to personal

security.”7 Women were routinely denied health care, employment,

and educational opportunities. Moreover, they were commonly beaten

in public or killed if they did not wear the burqa.8 In sum, Afghan

women were brutally and systematically repressed under the Taliban to

a degree unparalleled in modern society.

1. The Overthrow of the Taliban—The 2001 Bonn Agreement

Immediately after the overthrow of the Taliban by U.S. forces,

various members of Afghan factions, such as the Northern Alliance, the

Peshawar Group, the Rome Delegation, and the Cyprus Group,

Afghan women were brutally and systematically repressed under the Taliban to a degree unparalleled in modern society.



6

convened on December 5, 2001 in Germany to create the Bonn

Agreement.9 Members of the delegations–10 percent of whom were

women10-committed to a three-stage framework for democratization

that included (i) assembly of an Emergency Loya Jirga11 to establish

the Afghan Interim Authority (AIA); (ii) assembly of a Constitutional

Loya Jirga to draft the new constitution; and (iii) establishment of a

timetable for national elections.

Traditionally, Afghan leaders, who rarely include women,

convene loya jirgas to “choose new kings, adopt constitutions, and

decide important political matters and disputes.”12 Before 2001,

women were only included in loya jirgas on two occasions. In 1964,

four women were appointed to the advisory constitutional drafting

committee and in 1977, women constituted 15 percent of the members

of the loya jirga.13 Pressure from the international community to

include women in all aspects of nation-building, including the loya

jirgas, however, was one of many factors that promoted Afghan

women’s role from the inception of the political process.14

2. Emergency Loya Jirga and the Afghan Interim Authority

(AIA)

The primary objective of the Emergency Loya Jirga, first called

on June 11, 2002, was to select a transitional government and to

appoint a commission to write a new constitution for Afghanistan.

Malalai Joya, a 27 year-old

MP, fearlessly denounced

some of her fellow

parliament-arians as “criminal

warlords” whose hands

were “stained with the blood of the people.”


7

Although women only comprised approximately 12 percent of the

Emergency Loya Jirga delegates, they set an example for future

Afghan leaders.15 For instance, Malalai Joya, a 27 year-old MP,

fearlessly denounced some of her fellow parliamentarians as “criminal

warlords” whose hands were “stained with the blood of the people.”16

Her denunciations earned her numerous death threats; others

attempted to expel her from the assembly altogether.17

Despite endless harassment and death threats such as those

leveled at Malalai Joya, many Afghan women seized the opportunity to

participate in the national reconstruction process. For instance, two

women were appointed to the Afghan Interim Authority: Sima Samar

as Vice Chair and Minister of Women’s Affairs, and Suhaila Siddiq as

Minister of Public Health.18 In addition, two of the nine members on

the Drafting Committee of the Constitutional Commission were

women. And finally, seven women served on the 35-member

Constitutional Review Commission, which approved the draft

constitution.19

3. Afghanistan 2004 Constitution

As a result of public education campaigns, the critical

interchange between lawmakers and civil society, and advocacy efforts

by women representatives on the constitutional drafting committee,

the Afghan Constitution of 2004 includes significant provisions that

Millions of Afghans voted in their nation’s first presidential elections, surprising the international community given the numerous violent threats and incidents preceding the election.



8

promote women’s rights. First, Article 22 provides a broad equal

protection clause that extends to both men and women. It states that

“[t]he citizens of Afghanistan, man and woman, have equal rights and

duties before the law.”20 Second, the constitution provides that 25

percent of its lower house, known as the Wolesi Jirga, and

approximately 17 percent of its upper house, or Meshrano Jirga, be

reserved for women.21

4. National and Provincial Elections

Millions of Afghans voted on October 9, 2004 in their nation’s

first presidential elections. Many in the international community were

surprised at the historic turnout given the numerous violent threats

and incidents preceding the election. For instance, “so-called night

letters distributed in many parts of the south and east …warned women

not to vote, and four women were among twelve election workers killed

in the months leading up to the vote.”22 Despite these threats and

security concerns, women voted in record numbers; more than 40

percent of the eight million who voted in the elections were women.23

Women voters were not the only group targeted by violent

threats. According to a Human Rights Watch report, “a pervasive

atmosphere of fear persist[ed] for women involved in politics and

women’s rights in Afghanistan.”24 Nonetheless, Massouda Jalal made

history by becoming the first Afghan woman to run for president.

…women voted in record

numbers; more than 40

percent of the eight million who voted in the elections

were women.


9

Although Jalal came in sixth place--ultimately receiving more votes

than thirteen of the male candidates--her candidacy personified the

progress Afghan women have made since the fall of the Taliban.25

In December 2005, President Karzai appointed three women

ministers to his Cabinet: the Minister of Women’s Affairs, Massouda

Jalal; the Minister of Martyrs and Disabled, Sediqa Balkhi; and the

Minister of Youth Affairs, Amena Afzali.26 Women are also assuming

less traditional positions in the arena of political participation. Khatol

Mohammadzai, a senior officer in the Afghan National Army, is the

only female paratrooper in Afghanistan and serves as the deputy head

of the Afghan Ministry of Defense Education Department.27

After the national elections, Afghanistan held elections for its

first democratically elected provincial councils on September 18, 2005.

Out of the 52 percent of registered voters that voted, 43 percent were

female.28 Moreover, the results of over 300 female candidates running

for office exceeded expectations as they filled all of the 68 seats

guaranteed under the constitutional quota as well as an additional 17

seats.29 Moreover, the province of Bamiyan elected Afghanistan’s first

female governor, Habiba Sorabi, in March 2005.30

In an interesting development, Afghan women who were

systematically degraded under the Taliban fare much better in terms of

political participation and representation than women in other

“The challenges and difficulties that lie ahead for women in this country are enormous, but I believe that by working together with the other women elected to the Assembly we can ensure that the voices of women are heard.”



10

developing countries. Factors that contributed to this phenomenon

include: i) the international community’s insistence on women’s

inclusion in the process; ii) Afghan women taking the opportunity to

vote and run for office; and iii) Afghan men refraining from obstructing

the candidacies of women. As one woman parliamentarian argues,

“[t]he challenges and difficulties that lie ahead for women in this

country are enormous, but I believe that by working together with the

other women elected to the Assembly we can ensure that the voices of

women are heard.”31

5. Women’s Empowerment through Civil Society

Over the last five years, Afghan women have played a crucial

role in promoting their human rights through the development of civil

society organizations. While the official number of Afghan women’s

civil society organizations is unknown, approximately 2,400 non-

governmental organizations (NGOs) are registered with the Afghan

Ministry of Planning.32 Although many of these NGOs face numerous

challenges, particularly in areas of financial stability, internal

organization, and increased access to information, they have played a

vital role in the reconstruction process and improvement of the status

of women in Afghanistan.33 For example, in an effort to expand human

rights awareness to Afghan women refugees, the Afghan Institute of

Learning (AIL), an organization run by Afghan women, offers human

…the Afghan Institute of

Learning (AIL), an

organization run by Afghan women, offers human rights workshops to

over 35,000 refugee women

in Peshwar, Pakistan.


11

rights workshops to over 35,000 refugee women in Peshawar,

Pakistan.34

Furthermore, the United States has played a prominent role in

creating partnerships between U.S. and Afghan institutions within civil

society through the establishment of the U.S.-Afghan Women’s

Council. The Council seeks to identify concrete actions to bring real

and practical benefits to the women of Afghanistan through public-

private partnerships between both nations and to enable them to

participate and take leadership roles in the political and economic life

of their country.35 For instance, one of the Council’s accomplishments

includes Afghan Women Leaders Connect (AWLC). This organization

aims to support the Afghan Women Judges Association through

training 80 Afghan women judges and lawyers in civil law, procedure

codes, and international conventions on civil rights.36

6. Challenges

After over two decades of war, Afghan women have made

remarkable progress. However, they continue to face challenges in

other areas affecting their status, such as poverty, lack of education,

economic opportunities, and health care. For instance, a 2006 World

Bank report discovered that the adult literacy rate for women is 21

percent and that while half of all deaths among women of reproductive

age are a result of pregnancy and childbirth, 75 percent are

…a 2006 World Bank report discovered that the adult literacy rate for women is 21 percent and that while half of all deaths among women of reproductive age are a result of pregnancy and childbirth, 75 percent are preventable.



12

preventable.37 Moreover, a 2004 United Nations Human Development

Report stated that Niger and Burkina Faso are the only countries that

fare worse than Afghanistan with regard to gender development.38 A

woman’s health, education, and well-being are integral to and

“intertwined with the prospects for [her] civic and political

participation.”39

a. Education

Education and proper training are necessary to ensure that

women are qualified to fill legislative and judicial positions. A United

Nations Development Fund for Women (UNIFEM) report found that

prior to the presidential elections in October 2004, “72 percent of

Afghans interviewed said men should direct women on their voting

choices.”40 As a result, there is a widely held fear that women holding

prominent political positions under the quota system enshrined in the

constitution may simply become “mouthpieces for warlords, their

husbands, or other family members or political parties.”41 In order for

Afghan women to reap the benefits of political representation, they

need to be educated and able to make independent choices.42

Otherwise, there is the danger that women will simply become

symbolic participants in democratic processes, rather than effective

and qualified candidates.

In order for Afghan women

to reap the benefits of

political representation, they need to be

educated and able to make independent

choices.


13

b. Implementing the Law

While constitutional provisions affecting women’s rights and political

participation in Afghanistan are a requisite step in the legislative

process, the implementation of the constitution and legislation is

perhaps one of the most difficult challenges facing Afghan women

today. Despite some of the progressive provisions in the new

constitution, there is no guarantee that non-discrimination clauses will

be implemented in an equitable manner that protects women’s rights.

It is also far from clear whether the constitution will protect women

from strict interpretations of Islamic law, or shari’a, in matters of

family law. As one commentator forcibly argues, “[w]hat is essential is

that the values [enshrined in the constitution] become deeply held as

an irreducible part of the structure of political, social, and economic life

of the nation.”43

c. Security Concerns

Security is the primary concern of all Afghan citizens. The lack

of security is often cited as one of the greatest obstacles to promoting

women’s rights and political participation. As the United Nations

Secretary General appropriately stated in March 2005:

[W]hile the status of women and girls has improved, overall progress has been uneven. The volatile security situation and traditional and social and cultural norms continue to

“The volatile security situation and traditional and social and cultural norms continue to limit women’s hopes and girls’ role in public life and deny them the full enjoyment of their rights.”



14

limit women’s hopes and girls’ role in public life and deny them the full enjoyment of their rights.44

While Afghan women were politically active as voters and candidates

during the presidential and provincial elections, despite death threats

and intimidation, political and religious figures continue to use threats,

violent attacks, and other intimidating tactics to stifle women’s

voices.45

III. WOMEN’S POLITICAL PARTICIPATION AND REPRESENTATION IN

IRAQ (2003 – 2005)

In comparison to Afghan women living under the Taliban rule,

Iraqi women enjoyed relatively more rights under Ba’ath party rule.

Iraq’s 1970 interim constitution gave women nominal equality under

the law through the inclusion of a non-discrimination clause. Iraqi

women were permitted to vote, participate in public office, attend

universities, and enter the workforce. The 1959 Personal Status Code

(Number 188) subjected Iraqis to a uniform set of laws--based on

liberal interpretations of shari’a--that govern all facets of family life.

Iraq’s Personal Status Code (the “Code”), though subsequently

modified, is widely regarded as one of the most progressive in the

Middle East.

Even though women enjoyed these nominal rights, women and

men alike suffered grievous violations under Saddam’s Republic of

Fear, where torture and political repression were a fact of everyday life.

…women political

activists or anyone

remotely connected with

opposition forces were

detained, tortured, and

killed.


15

Throughout the 1980s and 1990s, women political activists or anyone

remotely connected with opposition forces were detained, tortured,

and killed. Rape was commonly used to intimidate women in custody

because they were relatives of opposition activists.46 In 2000,

hundreds of women dissidents were branded prostitutes by the

government and publicly beheaded in front of their homes.47

Moreover, years of conflict took their toll on women’s

educational and employment status in Iraq. Before the advent of the

Iraq-Iran war, women possessed one of the highest levels of literacy

and educational access in the Arab world.48 However, shifting

government priorities from domestic to military spending during the

Iran-Iraq war, coupled with the subsequent economic crisis during the

sanctions following the Gulf War, left literacy rates for Iraqi women

and girls at an all-time low. In fact, UNICEF found that by the year

2000, the literacy rate for women was barely reaching 23 percent.49 At

the same time, only one out of every five Iraqi women held paid

employment of any kind.50

1. Women’s Representation and Participation Under the Coalition Provisional Authority (CPA), the Interim Governing Council (IGC), and the Interim Iraqi Government (IIG)

Since the fall of Saddam’s regime in April 2003, Iraqi women

have played a vital role in the building of the new Iraq and its

governance structures. Their success to date is even more remarkable

Religious extremists use car bombs, shootings, and assassinations to dissuade female candidates from running for office.



16

given the continuous stream of violence that plagues their efforts.

Religious extremists use car bombs, shootings, and assassinations to

dissuade female candidates from running for office.51 Nevertheless,

Iraqi women have persevered in their efforts to become full

participants in the political process.

In its initial post-war planning, the Coalition Provisional

Authority (CPA)--set up to govern Iraq in the aftermath of Operation

Iraqi Freedom--did not focus on ensuring women’s rights and

representation.52 In response to this oversight, Iraqi women

concentrated their advocacy efforts under the CPA on three central

issues: i) the inclusion of women in the electoral process; ii) the

incorporation of a quota into relevant Iraqi laws mandating a certain

percentage of seats for women in the legislature; and iii) the

preservation of the Code from attempts to replace it with shari’a. As

further described below, these issues, while temporarily resolved under

the CPA and Iraq’s interim constitution, foreshadowed events to come

in August 2005 as the legislature drafted Iraq’s permanent

constitution.

In the initial stages of their advocacy efforts, hundreds of Iraqi

women marched the streets of Baghdad demanding the inclusion of

women in the Iraqi Governing Council (IGC). In response, in July

2003, the CPA appointed three women to the 25-member Council:

…hundreds of Iraqi women marched the

streets of Baghdad

demanding the inclusion of

women in the Iraqi

Governing Council (IGC).


17

Songul Chapook, Raja Habib Khuzai, and Aquila al-Hashimi. No

women were appointed to the nine-member rotating presidential

council or the committee working on constitutional reform. The three

female IGC members, however, paid dearly for their pioneering efforts

in Iraqi politics. Just three months after her appointment, council

member Dr. Aquila al-Hashimi was assassinated. She was replaced on

the Council by Salama al-Khafaji whose 17 year-old son was killed

when insurgents attempted to murder her.53 Dr. Raja Khuzai also

received multiple death threats during her tenure.54

The first direct political challenge to women’s rights in Iraq

came in December 2003, when IGC member Abdul Aziz al-Hakim,

president of the Supreme Council of the Islamic Revolution in Iraq

(SCIRI), proposed Resolution 137 to the IGC. In effect, Resolution 137

replaced the Code, which governed issues such as inheritance, divorce,

and marriage, with various interpretations of shari’a in accordance to

the mandates of each sect. In so doing, Resolution 137 took the Code

out of the jurisdiction of civil courts and placed it into religious courts,

thereby giving Muslim clerics enormous power to determine the law

that affects the everyday lives of men, women, and children.

Given the discriminatory impact this resolution could have had,

thousands of Iraqi women petitioned CPA administrator Paul Bremer

to veto it.55 Also, the opposition to Resolution 137 served as a uniting

The three female IGC members paid dearly for their pioneering efforts in Iraqi politics.



18

factor among religious and secular women of all ethnicities including

Sunni, Shiite, Kurd, Assyrian, and Turkomen.56 As a result of the local

and international outrage, the IGC withdrew Resolution 137 in

February 2004.

Iraqi women leaders and civil society activists were also

instrumental in petitioning the CPA for the inclusion of a quota for

women’s representation in the parliament and laws banning

discrimination on the basis of sex. On March 8, 2004, the IGC, with the

approval of the CPA, signed into law the Law of Administration for the

State of Iraq for the Transitional Period (TAL),57 otherwise referred to

as the interim constitution. Article 12 of the TAL provides equal

protection to all Iraqis without regard to gender, sect, opinion, belief,

nationality, religion, or origin. Although Iraqi women campaigned

vigorously to ensure a 40 percent quota for women’s representation,

Article 30(c) of the TAL recommended a compromise “target” of 25

percent representation of women in the National Assembly.58 This

target was subsequently enforced by the CPA’s Electoral Law, Order

Number 96, Article 4, which mandates that one out of every three

candidates on any given party’s list be a woman.59 As one commentator

points out, the inclusion of the target in the TAL “was the result of very

persistent action by women in Iraq. It was not handed to them or even

Article 12 of the TAL

provides for equal

protection to all Iraqis

without regard to gender, sect, opinion, belief,

nationality, religion or

origin.


19

actively supported by the Coalition Provisional Authority or the

Governing Council.”60

The merits and drawbacks of a quota for women generated

extensive debate. Simply put, mandating a number of seats for women

on the legislature does not necessarily ensure the protection or

promotion of women’s rights because women hold multiple identities.

For example, many women parliamentarians identify themselves

primarily with their ethnic, religious, or political affiliation as a Kurd, a

Shiite, or a member of the United Alliance deemphasizing their identity

as a woman, and vote accordingly. In addition, some Iraqis lament that

many of the political parties filled the seats reserved for women with

unqualified candidates who simply voted as they were told by their

parties.

Although quotas alone cannot guarantee that qualified female

candidates who support the promotion of women’s rights will be

elected, Iraqi women felt that political gains that would be achieved by

the institution of the quota outweighed the inherent possibility that

unqualified women would be elected to the legislature. The quota’s

“effectiveness as a preliminary step towards equality”61 cannot be

underestimated given the social, cultural, and religious impediments

women face in Iraq. Songul Chapuk, former IGC member, argues that

the quota is necessary because, “[o]ur society can never accept the idea

Although quotas alone cannot guarantee that qualified female candidates will be elected who support the promotion of women’s rights, Iraqi women felt that political gains…outweighed the inherent possibility that unqualified women would be elected.



20

of having a woman in the command of an important place. If it is not a

law, we will still be put aside in Iraqi history. ”62

Accordingly, subsequent Iraqi governments achieved the 25

percent minimum established under the TAL. Under the Iraqi Interim

Government (IIG), given full sovereignty by the CPA on June 28, 2004,

women headed six of thirty ministries, including agriculture,

displacement and migration, environment, labor and social affairs,

municipalities and public works, and the ministry of state for women’s

affairs. Twenty-five women also sat on the 100-member Interim

National Council (INC), which was established at a National

Conference on August 15-18, 2004 to replace the IGC and serve as the

legislature under former Prime Minister Allawi until the January 2005

elections.

2. January 2005 Elections and the Transitional National

Assembly (TNA)

In the January 2005 elections, women turned out in record

numbers despite security threats to voters and polling stations. Iraqi

women, “from the elite to the rural,” went out to the polls.63 As a result,

women were elected to 87 of the 275 elected seats, or 31 percent, of the

Transitional National Assembly (TNA). Iraqi women’s percentage of

participation in the TNA far exceeds that of most of its neighboring

countries and even governments in the developed world. Subsequent to

Iraqi women, “from the elite

to the rural,” went out to the

polls.


21

the elections, Prime Minister Ibrahim al-Jaafari appointed six women

to Cabinet posts. Women were named: Minister of Municipal Affairs

and Public Works; Minister of Environment; Minister of Human

Rights; Minister of Telecommunications; Minister of Migration and

Immigration; and Minister of State for Women’s Affairs. However,

only eleven out of the seventy-one members on the Constitutional

Drafting Committee (CDC) charged with drafting Iraq’s permanent

constitution were women.64 Critics charged that given the importance

of the Iraqi constitution in securing fundamental rights and freedoms,

women should have had proportional representation on the CDC

comparable to that of the TNA.

3. The Role of Civil Society in Promoting Women’s Rights

Although non-existent under Saddam’s rule, civil society

organizations promoting women’s rights and educational initiatives

have proliferated across Iraq since 2003.65 As of 2004, an estimated

500 women’s groups have asserted their roles as organizers and

advocates in Iraqi society.66 Many of these groups include women’s

self-help and vocational centers, which have “sprung up” from Karbala

to Kirkuk to offer education and training in job skills and computers.67

Others like the Diwaniyah Human Rights Center, which opened on

December 20, 2004, support human rights initiatives as well as

democracy and elections training.68

Women’s NGOs have effectively organized media campaigns, workshops, petitions, and lobbying efforts to have their voices heard in the electoral and constitutional drafting process.



22

Women’s NGOs have effectively organized media campaigns,

workshops, petitions, and lobbying efforts to have their voices heard in

the electoral and constitutional drafting process.69 For instance, broad-

based coalitions such as the “Mothers of Iraq” registered women voters

for the elections and even collected 16,000 signatures in support of a

campaign to end violence.70 In addition, a consortium of Iraqi NGOs,

including the Iraqi Women’s Network, joined forces with the Iraqi

Women’s Educational Institute (IWEI), a joint project of the American

Islamic Congress, the Foundation for the Defense of Democracies, and

Independent Women’s Forum, to promote the Iraq-based “More Than

One Source” campaign. The campaign centered on eliminating

language in the draft constitution that made Islam the sole source of

Iraqi law.71

The United States has been active in supporting the creation of

women’s centers and providing education and training to women

leaders in Iraq. It has financed twenty-two women’s centers located in

Baghdad and across Iraq that have trained women in

entrepreneurship, democracy education, political organization,

constitutional provisions, and leadership skills.72 Through grants

funded by the State Department’s $10 million Iraqi Women’s

Democracy Initiative, U.S.-based NGOs provided coalition-building

and leadership skills to women who ran for office in the National

The United States has been

active in supporting the

creation of women’s

centers and providing

education and training to

women leaders in Iraq.

The United States has been

active in supporting the

creation of women’s

centers and providing

education and training to

women leaders in Iraq.


23

Assembly and voter education to women throughout Iraq.73 As part of

this initiative, Independent Women’s Forum and its partners, the

American Islamic Conference and the Foundation for the Defense of

Democracies, sponsored an Iraqi Women Leaders Conference in

Jordan where over 150 Iraqi women studied democratic principles,

coalition-building, religious freedom, and economic empowerment.

Among the participants were Narmin Othman, former Minister of State

for Women’s Affairs, and Tanya Gilly, member of the TNA.

4. Challenges

a. Iraq’s Permanent Constitution and Implementation of Shari’a

One of the greatest challenges facing Iraqi women today is how

to advance women’s rights through the constitution, related legislation,

and the courts. Iraq’s permanent constitution, approved in a national

referendum on October 15, 2005, while providing some gains for

women—namely a 25 percent quota for women parliamentarians—

opens the possibility that strict interpretations of shari’a will be used to

negatively affect women’s rights in areas such as family law.

This fear is predicated on the inclusion of several provisions in

the constitution that make explicit or implicit references to Islamic law.

For instance, Article 2 of the constitution states that Islam is a

“fundamental source of legislation” and that “[n]o law that contradicts

Independent Women’s Forum and its partners, the American Islamic Conference and the Foundation for the Defense of Democracies, sponsored an Iraqi Women Leaders Conference in Jordan.



24

the established provisions of Islam may be established.”74 Article 2

fails, however, “to specify which version of Islam will prevail in the

country’s new legal system.”75 Moreover, Article 39, while not explicitly

overturning the Code, may require a considerable revision in that law

by requiring that Iraqis be free in matters of personal status according

to their “religions, sects, beliefs, or choices.”76 Evidently, under this

article, individuals will have the option of following religious law as it

relates to personal status. It remains unclear, however, who will have

the authority to determine the content of the law77 and many Iraqi

women fear that strict interpretation of the shari’a in matters of

personal status will lead to discrimination against women in areas such

as marriage, divorce, child custody, and inheritance.

b. Lack of Security and Rise in Religious Conservatism

A multitude of factors, including illiteracy and unemployment,

prevent women from getting involved in politics or even with

community-based non-governmental organizations in many

developing countries. One of the most critical barriers in Iraq, however,

is the fear of violence associated with the political process and the

general lawlessness that prevents many women and girls from even

leaving their homes to go to school or work. Iraqi women leaders and

activists in particular are a target for religious extremists who want to

keep women out of the political process. For example, in November

…fear of violence

associated with the political

process and the general lawlessness

prevents many women

and girls from even

leaving their homes to go to school or

work.


25

2004, a women’s rights activist and government advisor, Amal al-

Ma’amalchi, died from at least 10 bullet wounds on the way to work.78

Moreover, militants have killed 20 women’s rights activists in the

northern city of Mosul and a dozen more in Baghdad.79

Conservative religious forces also restrict women’s freedom of

movement and women’s choices regarding the veil. As religious

extremism flourishes in Iraq, more women are finding themselves

under intense pressure to wear the hijab. In Latifya, south of Baghdad,

radical Sunni insurgents posted leaflets warning women and girls not

to appear in public without a hijab. They threatened that women who

failed to adhere to these strictures “would be punished by death.”80 In

such a climate of fear and repression, many Iraqi women choose to opt

out of public life and the political process altogether.

V. CONCLUSION

Despite their sizeable representation in government, Iraqi and

Afghan women still face considerable challenges. Political instability,

the lack of security, and traditional social and religious mores continue

to prevent women from being full participants in the political process.

Women’s rights, particularly in the area of family law, need to be

protected under the constitution, its subsequent interpretation, and

related legislation from strict interpretations of shari’a that

discriminate against women. Education and employment opportunities

Education and employment opportunities for women will ensure that future generations of qualified women leaders assume positions in the private and public sectors.



26

for women will ensure that future generations of qualified women

leaders assume positions in the private and public sectors.

These challenges can be approached by a variety of measures

that include: (i) supporting the capacity-building of women’s NGOs;

(ii) forming broad-based coalitions of civil society and politicians

interested in protecting women’s rights; (iii) creating civic education

campaigns that inform women of their rights; and (iv) advocating for

legal and judicial reform. All of these measures, however, must be

adapted to fit the unique social, political, and cultural contexts of Iraq

and Afghanistan.

Ensuring broad political participation and representation of

women is only one of the myriad challenges currently facing Iraq and

Afghanistan. In both countries, the lack of security and essential

services, endemic unemployment, and poor education systems

threaten the fragile underpinning of these emerging democracies.

Ultimately, the true test of the elected regimes in Afghanistan and Iraq

will be their ability to secure and safeguard the economic, social, and

political well-being of all of their citizens. One predictor for the

longevity of a stable democracy, however, is the degree to which

women’s basic human rights are protected and, indeed, promoted.

Despite these challenges, Iraqi and Afghan women’s political

participation in the electoral and constitution-making processes to date

Iraqi and Afghan

women are making their voices heard,

and in so doing, they are helping shape their

democracies.


27

remains a remarkable achievement. Iraqi and Afghan women are

making their voices heard, and in so doing, they are helping shape their

democracies. While political representation alone will not guarantee

women’s rights, it does ensure that both Iraqi and Afghan women will

continue to play an integral role in the decision-making processes that

these nations will face for years to come.

Promoting an active and effective voice for women in Iraq’s and

Afghanistan’s democratization processes is a gradual course, but

considerable progress is already underway.81

1 Caiazza, Amy. “Why Gender Matters in Understanding September 11: Women, Militarism, and Violence.” Institute for Women’s Policy Research. November, 2001. <http://www.iwpr.org/pdf/terrorism.pdf> (June 12, 2006). 2 Caiazza. “Why Gender Matters.” 3 Caiazza. ”Why Gender Matters.” 4 Palmerlee, April W. “Remarks to a Fulbright-Sponsored Conference Bridging Academia and Public Policy.” Istanbul, Turkey. September 19, 2002. <http://usinfo.state.gov/usa/women/rights/092002.html> (June 12, 2006). 5 Coleman, Isobel. “The Payoff from Women’s Rights.” Foreign Affairs. May/June 2004. <http://www.foreignaffairs.org/20040501faessay83308/isobel-coleman/the-payoff-from-women-s-rights.html> (June 12, 2006). 6 U.S. Department of State. “Report on the Taliban’s War Against Women.” November 17, 2001. <http://www.state.gov/g/drl/rls/6185.htm> (June 12, 2006). 7 UNIFEM. “Gender Profile of the Conflict in Afghanistan.” <http://www.womenwarpeace.org/afghanistan/docs/afgh_pfv.pdf> (June 12, 2006). 8 U.S. Department of State. “Report on the Taliban’s War Against Women.” 9 United Nations Assistance Mission in Afghanistan (UNAMA). “Fact Sheet: Bonn Agreement.” May 2002. 10 Sultan, Masuda. “From Rhetoric to Reality: Afghan Women on the Agenda for Peace.” Women Waging Peace Policy Commission. February 2005. <http://www.womenwagingpeace.net/content/articles/AfghanistanFullCaseStudy.pdf> (June 12, 2006). 11 “Loya Jirga” is a Pashto phrase meaning “grand council.” <http://www.thefreedictionary.com/Loya+Jirga > (June 12, 2006). 12 Human Rights Watch. “Q & A on Afghanistan’s Loya Jirga Process.” <http://hrw.org/press/2002/04/qna-loyagirga.htm> (June 12, 2006). 13 Human Rights Watch, “Q & A on Afghanistan’s Loya Jirga Process.”



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14 Benard, Cheryl. “Women and Nationbuilding in Afghanistan.” Middle East Program Occasional Paper Series: The Status of Women in the Middle East. Woodrow Wilson International Center for Scholars. Winter 2005. <http://www.wilsoncenter.org/topics/pubs/mepopwinter%20051.pdf> (June 12, 2006). 15 Human Rights Watch. “Between Hope and Fear: Intimidation and Attacks against Women in Public Life in Afghanistan.” October 2004. <http://hrw.org/backgrounder/asia/afghanistan1004/> (June 12, 2006). 16 Coghlan, Tom. “Afghan MP Says She Will Not Be Silenced.” BBC News. January 27, 2006. <http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/4606174.stm> (June 12, 2006). 17 Human Rights Watch. “Between Hope and Fear: Intimidation and Attacks against Women in Public Life in Afghanistan.” 18 U.S. Department of State. “Afghan Women to Regain Vibrant Role in Society.” March 19, 2002. <http://usinfo.state.gov/is/Archive_Index/Afghan_Women_to_Regain_Vibrant_Role_in_Society.html> (June 12, 2006). 19 Dobriansky, Paula J. “Remarks to The Afghanistan-America Summit on Recovery & Reconstruction.” November 10, 2003. <http://www.state.gov/g/rls/rm/2003/26591.htm> (June 12, 2006). 20 Constitution of the Islamic Republic of Afghanistan. 2004. <http://www.oefre.unibe.ch/law/icl/af00000_.html> (June 12, 2006). 21 U.S. Department of State. “Focus on Afghanistan.” <http://www.state.gov/g/wi/c6196.htm> (June 12, 2006). 22 U.S. Department of State. “Focus on Afghanistan.” 23 U.S. Department of State. “Focus on Afghanistan.” 24 “Woman Makes History in Afghanistan.” CNN.com. October 6, 2004. <http://www.cnn.com/2004/WORLD/asiapcf/10/04/afghan.women> (June 12, 2006). 25 <http://en.wikipedia.org/wiki/Afghan_presidential_election,_2004> 26 Islamic Republic of Afghanistan. “Brief Biographies of the New Cabinet Members.” <http://www.export.gov/afghanistan/pdf/minister_bios.pdf> (June 12, 2006). 27 “International Women’s Forum Inducts Female Afghan Army Officer.” Blackanthemcom. December 18, 2005. <http://www.blackanthem.com/TheAllies/military_2005121806.html> (June 12, 2006). 28 U.S. Department of State. “Focus on Afghanistan.” 29 U.S. Department of State. “Focus on Afghanistan.” 30 Embassy of Afghanistan. “Afghanistan Appoints its First Woman Governor.” Newsletter. March 12, 2005. <http://www.embassyofafghanistan.org/embassy/home.nsf/all_docs/7CE18FAA2B908301872570360071F29E?OpenDocument#4> (June 12, 2006). 31 Farhad, Mohammad Nader. “Afghan Women Make History by Being Elected to National Assembly.” UNHCR. November 14, 2005. < http://www.unhcr.org/cgi-bin/texis/vtx/news/opendoc.htm?tbl=NEWS&id=4378ba624&page=news> (June 12, 2006). 32 Greenblatt-Harrison, Andrea; Nora O’Connell; Shanta Bryant Gyan. “Strengthening Afghan Women’s Civil Society to Secure Afghanistan’s Future: An Analysis of New U.S. Assistance Programs.” Women’s Edge Coalition. January 2005. <http://www.womensedge.org/index.php?option=com_kb&page=articles&articlei d=12&Itemid=72> (June 14, 2006). 33 Greenblatt-Harrison, et al. “Strengthening Afghan Women’s Civil Society to Secure Afghanistan’s Future.” 34 Greenblatt-Harrison, et al. “Strengthening Afghan Women’s Civil Society to Secure Afghanistan’s Future.”


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35 U.S. Department of State. ” U.S. Commitment to Afghan Women: The U.S.-Afghan Women’s Council.” January 1, 2006. <http://www.state.gov/g/wi/rls/58619.htm> (June 12, 2006). 36 U.S. Department of State. “U.S. Commitment to Afghan Women.” 37 IRIN. “Afghanistan: Pervasive Gender Gaps need Urgent Addressing, says World Bank.” January 26, 2006. <http://www.irinnews.org/report.asp?ReportID=51348&SelectRegion=Asia&SelectCountry=AFGHANISTAN> (June 12, 2006). 38 IRIN, “Afghanistan.” 39 Nawabi, Mariam. “Statement before the House Committee on International Relations: Women’s Participation in Civil Society and the Political Sphere in Afghanistan.” November 19, 2003. <http://wwwa.house.gov/international_relations/108/naw111903.htm> (June 12, 2006). 40 UNIFEM. “Gender Profile of the Conflict in Afghanistan.” <http://www.womenwarpeace.org/afghanistan/docs/afgh_pfv.pdf> (June 12, 2006). 41 Sultan. “From Rhetoric to Reality.” 42 Coleman. “The Payoff from Women’s Rights.” 43 Nawabi, Mariam A. “Women’s Rights in the New Constitution of Afghanistan.” 2003. <http://www.cic.nyu.edu/archive/pdf/E22Womens%20RightsFullVersionNawabi.pdf> (June 12, 2006). 44 Amnesty International. “Afghanistan: Women still under Attack – a Systematic Failure to Protect.” 2005. <http://web.amnesty.org/library/Index/ENGASA110072005> (June 12, 2006). 45 Human Rights Watch. “Between Hope and Fear.” 46 Amnesty International. “Iraq: Decades of Suffering, Now Women Deserve Better.” February 2005. <http://web.amnesty.org/library/Index/ENGMDE140012005> (June 12, 2006). 47 Abdela, Lesley. “Iraq’s War on Women.” Open Democracy. July 18, 2005. <http://www.opendemocracy.net/conflict-iraqconflict/women_2681.jsp> (June 12, 2006). 48 United Nations/World Bank. “Joint Iraq Needs Assessment.” October 2003. <http://siteresources.worldbank.org/INTIRAQ/Overview/20147568/Joint%20Needs%20Assessment.pdf> (June 12, 2006). 49 UNICEF. “At a Glance: Iraq Statistics.” <http://www.unicef.org/infobycountry/iraq_statistics.html> (June 12, 2006). 50 Dobriansky, Paula J. “Women and the Transition to Democracy: Iraq, Afghanistan, and Beyond.” Heritage Foundation. June 20, 2003. <http://www.heritage.org/Research/MiddleEast/HL793.cfm>(June 12, 2006). 51 Caballero, Maria Cristina. “Women’s Rights Put to Test in Iraq.” Center for Public Leadership. 2005. <http://www.ksg.harvard.edu/leadership/news/opeds/?itemid=143> (June 12, 2006). 52 Woodrow Wilson International Center for Scholars. “Building a New Iraq; Ensuring Women’s Rights.” 2005. <http://www.wilsoncenter.org/index.cfm?topic_id=1426&fuseaction=topics.publications&group_id=139853>(June 12, 2006). 53 Rubin, Trudy. “Democracy May Set Back Arab Women.” Philadelphia Inquirer. March 27, 2005. <http://www.philly.com/mld/inquirer/11238439.htm> (June 12, 2006). 54 Jaber, Hala. “Rebels Kill Iraqi Women as ‘Betrayers of Islam.” The Sunday Times. March 20, 2005. <http://www.timesonline.co.uk/article/0,,2089-1533563,00.html> (June 12, 2006). 55 American Bar Association Iraq Legal Development Project. “The Status of Women in Iraq: An Assessment of Iraq’s De Jure and De Facto Compliance with International Standards.” July 2005. 49.



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56 Woodrow Wilson International Center for Scholars. “Building a New Iraq; Ensuring Women’s Rights.” 57 A complete copy of the Law of Administration for the State of Iraq for the Transitional Period can be found at http://www.cpa-iraq.org/government/TAL.html (June 12, 2006). 58 Article 30(C) of the TAL states: "The National Assembly shall be elected in accordance with an electoral law and a political parties law. The electoral law shall aim to achieve the goal of having women constitute no less than one-quarter of the members of the National Assembly and of having fair representation for all communities in Iraq, including the Turcomans, ChaldoAssyrians, and others.” 59 American Bar Association Iraq Legal Development Project. “The Status of Women in Iraq.” 9. 60 Rice, Lea Mae. “Analysis: Women's Rights and Arab Democracy.” United Press International. July 22, 2004. <http://washingtontimes.com/upi-breaking/20040722-110800-1516r.htm> (June 14, 2006). 61 Woodrow Wilson International Center for Scholars. “Building a New Iraq; Ensuring Women’s Rights.” 62 IRIN. “Iraq: Focus on Women’s Rights.” March 8, 2005. <http://www.irinnews.org/report.asp?ReportID=45975&SelectRegion=Middle_East&Select> (June 12, 2006). 63 Omar, Manal. “Women’s Rights in a New Iraq: The Constitution and the Future.” Council on Foreign Relations. May 11, 2005. <http://www.cfr.org/publication/8114/womens_rights_in_a%20_new_iraq.html> (June 12, 2006). 64 U.S. State Department Office of International Women’s Issues. “U.S. Support for Women in Iraq.” August 15, 2005. http://www.state.gov/g/wi/rls/51046.htm (June 12, 2006). 65 American Bar Association Iraq Legal Development Project. “The Status of Women in Iraq.” 13. 66 U.S. State Department. “Working for Women, Worldwide: The U.S. Commitment.” <http://usinfo.state.gov/products/pubs/women/champion.htm> (June 12, 2006). 67 The White House. “President, Mrs. Bush Mark Progress in Global Women’s Human Rights; Remarks by the First Lady and the President on Efforts to Globally Promote Women’s Human Rights.” March 12, 2004. <http://www.whitehouse.gov/news/releases/2004/03/20040312-5.html> (June 12, 2006). 68 The Coalition Provisional Authority. “Women’s Rights and Human Rights Centers Sponsor Democracy Classes.” January 25, 2004. < http://www.cpa-iraq.org/pressreleases/20040127a_women-diwan.htm> (June 12, 2006). 69 Woodrow Wilson International Center for Scholars. “Building a New Iraq.” 70 Bush, Laura. “Remarks at the 2004 Fortune Most Powerful Women Conference.” October 6, 2004. <http://www.state.gov/g/wi/36882.htm> (June 12, 2006). 71 Independent Women’s Forum. “Iraqi Women Fighting to Save Rights in Draft Constitution.” August 3, 2005. <http://www.iwf.org/archives/archive_print.asp?ArticleID=792> (June 12, 2006). 72 Woodrow Wilson International Center for Scholars. “Building a New Iraq; Ensuring Women’s Rights.” 73 U.S. State Department. “Working for Women, Worldwide: The U.S. Commitment.” 74 For the full text of the Iraqi constitution in English, see http://msnbc.msn.com/id/9719734. 75 Coleman, Isobel. “Women, Islam, and the New Iraq.” Foreign Affairs. January/February 2006. <http://www.foreignaffairs.org/20060101faessay85104/isobel-coleman/women-islam-and-the-new-iraq.html> (June 12, 2006).


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76 Brown, Nathan J. “The Final Draft of the Iraqi Constitution: Analysis and Commentary.” Carnegie Endowment for International Peace. September 16, 2005. <http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=17423> (June 12, 2006). 77 Brown. “The Final Draft of the Iraqi Constitution.” 78 Jaber, Hala. “Rebels Kill Iraqi Women as ‘Betrayers of Islam.’” 79 Jaber, Hala. “Rebels Kill Iraqi Women as ‘Betrayers of Islam.’” 80 Jaber, Hala. “Rebels Kill Iraqi Women as ‘Betrayers of Islam.’” 81 LaFranchi, Howard. “ In Iraq, Security Trumps Women’s Rights.” The Christian Science Monitor. December 12, 2005. <http://www.csmonitor.com/2005/1212/p07s02-woiq.html> (June 12, 2006).

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