US embassy cable - 05BAGHDAD2799

C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 002799 
 
SIPDIS 
 
E.O. 12958: DECL: 07/02/2025 
TAGS: KWMN, PHUM, PGOV, IZ, Women's Rights, Sunni Arab, National Assembly 
SUBJECT: TIME TO BATTEN DOWN THE HATCHES OVER SHARI'A 
 
 
Classified By: POLITICAL COUNSELOR ROBERT S. FORD. 
REASONS 1.4 (B) AND (D). 
 
1.  (C) SUMMARY.  At the July 30 Gender Working group, 
an Embassy-sponsored forum for women representing all 
sectors of society to express their views, the only 
clear consensus among participants was of the pressing 
need to educate the Iraqi public -- especially women - 
- regarding their rights and the role of the 
constitution.  Participants generally agreed that a 
quota system is necessary to ensure adequate 
representation of women in the government, but some 
advocated limiting that system.  Members of the 
women's branch of Supreme Council for Islamic 
Revolution in Iraq (SCIRI) attended the meeting for 
the first time, generating a heated discussion when 
they advocated Shari'a as the main source for the 
constitution.   Conservative Muslims, non-Muslims, and 
secularists did not find common ground on the extent 
to which Shari'a should be a source for the 
constitution.  END SUMMARY. 
 
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LITTLE CONSENSUS ON CONSTITUTIONAL ISSUES 
----------------------------------------- 
 
2.  (C) Iraqi women participated in a heated 
discussion of the constitution during the weekly 
Embassy-sponsored Gender Working Group meeting.  This 
group has evolved as a forum for women representing 
all sectors of society to express their views and 
listen to the views of others in a mutually respectful 
environment.  Comprising Sunnis, Shi'a, Kurds, 
Turkmen, and Christians, as well as Islamic 
conservatives and secularists, the group agreed on 
only one issue during this meeting -- the need for 
education and outreach at the grassroots level. 
Former Governing Council member Songul Chapook told 
the group that, during a recent meeting in Kirkuk she 
realized that most women are 'ignorant' not only 
regarding the constitution, but also with respect to 
their basic rights.  (COMMENT:  The need for outreach 
has been a common theme in these meetings, and is 
echoed by conservative and liberal elements alike.  At 
the June 23 meeting, Sadr City Council member Siham 
Hattab emphasized that the public's lack of knowledge 
about such issues as federalism and women's rights 
means that they will rely exclusively on their 
religious leaders or, in the case of women, their male 
relatives.  There are women-oriented outreach programs 
underway through USIP, NDI, America's Democratic 
Foundation, and other USAID grantees.  The challenge 
is to get these programs to extend more broadly down 
to the grassroots level sooner rather than later, if 
possible.  END COMMENT.) 
 
3.  (C) Although the women did not all agree about the 
need for a quota system to ensure adequate 
representation by women in the government, the 
majority said it is necessary to include such a system 
in the constitution.  The real bone of contention 
regarding this issue, however, was its implementation. 
Some suggested that the quota system supports the 
"quantity over quality" approach, while others 
insisted that it is a way for women -- while a cadre 
of competent representatives is developed -- to have a 
voice that they would not otherwise have.  Many 
favored including a quota provision in the 
constitution, but with specific time limitations. 
 
4.  (C) Participants reached partial consensus that 
the constitution should be based on international 
human rights standards and accord all Iraqis -- men 
and women alike -- due process and equal status before 
the law.  Several women suggested that the 
constitution should guarantee women social security 
benefits, unemployment compensation, and medical 
insurance, while others argued that it should 
guarantee only the most basic rights and legislation 
could be enacted afterwards to address issues such as 
these. 
 
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SCIRI SCARE 
----------- 
 
5.  (C) The discussion of the relationship between 
religion and state was the most heated.  Secular and 
non-Muslim participants argued that basing the 
constitution on Shari'a would limit the rights of non- 
Muslims in general and women in particular.  The 
conservatives countered that it is not Shari'a that 
limits women's rights.  Rather, they argued, it is 
'tradition' that plays a larger role in impeding 
women's rights. 
 
6.  (C) Thekra Fadhel and Ethar Hussain, both members 
of Shaheed Al Mihrab, which is SCIRI's women's branch, 
argued strongly and intractably for a constitution 
based on Shari'a, saying that "God is the source of 
all things" and insisting that it is only right that 
the country's legal foundation should be based on this 
concept.  The SCIRI women generated strong debate, 
eliciting negative reactions from almost every other 
participant -- to include representatives from the 
Iraqi Women's Islamic League. 
 
7.  (C) COMMENT: The SCIRI representatives have not 
previously attended meetings of the Gender Working 
Group.  Their apparent objective was to influence this 
group and use it as a platform for conservative 
policies.  According to Shilair Rasheed Mohammed 
(Kurdish list - hardly a disinterested party), the 
conservative agenda is to push the "Iranian model." 
She told PolFSN on June 29 that, when other 
constitutional models are referenced during 
Constitution Committee meetings, the List 169 
delegates invariably raises the Iranian model. END 
COMMENT. 
 
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CONSTITUTION COMMITTEE MEMBERS SILENT 
------------------------------------- 
 
8.  (C) Despite the uproar caused by the SCIRI women, 
Constitution Committee members Munira Abdul and Narjis 
Majeed Amin, both from the Kurdish list, had little 
reaction to any of the discussion.  Their input was 
limited to a brief overview of articles in Kurdistan's 
law that support women's rights.  While they expressed 
openness to listening to the women's recommendations, 
they had little to add to the overall discussion. 
 
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COMMENT 
------- 
 
9.  (C) The Gender Working Group meetings have 
provided Post with invaluable insight into the minds 
of Iraqi women of all orientations.  Participation has 
grown from less than a dozen women to standing room 
only.  Clearly Iraq's women want and need a forum for 
addressing those issues of concern to them.  Today's 
meeting went far to clarify the thinking of these 
women relative to the constitution.  It is important 
to note that, even these women -- who tend to be more 
politically engaged and educated -- struggle with what 
a constitution is and can actually do for them.  One 
must wonder then, what the average, less-educated 
woman understands about the political and 
constitutional development processes.  At a minimum, 
it highlights the need for aggressive outreach and 
education campaigns. 
 
10.  (C) Most striking was the reaction of the working 
group participants to the statements made by the SCIRI 
women.  The room simply erupted before they even 
finished speaking.  Many women were almost out of 
their seats as they vocally and dramatically argued 
the extent to which Shari'a should play a role in the 
constitution.  There were no pretenses at politeness. 
It was no easy feat to calm the group, and it was 
clear that there would be no consensus on this issue. 
Also palpable was the fear of the majority regarding 
the influence the List 169 views on religion and state 
would have on their future rights.  As one observer so 
aptly put it, "If this group is representative of the 
Iraqi people on this issue, it is time to batten down 
the hatches."  Kurdish women, including those who are 
not secular, tend to be some of the most vocal 
supporters of women's rights.  The apparent reluctance 
of prominent Kurdish women such as Munira Abdul and 
Narjis Majeed Amin, to say anything substantive on 
women's issues was noticeable.  If Iraqi women who 
espouse non-Islamist views do not develop strong, 
articulate leadership, it will be harder for them to 
push back against Islamist conservatives.  END 
COMMENT. 
 
11.  (U) REO HILLA, REO BASRA, REO MOSUL, and REO 
KIRKUK, minimize considered. 
 
 
Satterfield