US embassy cable - 05BAGHDAD3412

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003412 
 
SIPDIS 
 
E.O. 12958: DECL: 08/14/2015 
TAGS: PGOV, KDEM, KWMN, PREL, IZ, Women's Rights 
SUBJECT: AMBASSADOR KHALILZAD MEETS WITH IRAQI WOMEN'S 
LOBBY GROUP 
 
Classified By: Ambassador Zalmay Khalilzad for reasons 1.4 (b)  and (d) 
 
. (C) SUMMARY: In his meeting with the newly formed Iraqi 
Women's Lobby Group, Ambassador Khalilzad explained his 
engagement in the constitutional drafting process and 
listened to the group's concerns about the status of women in 
the constitution.  The group requested that the Ambassador 
exert pressure on political leaders to ensure that the 
constitution either exclude reference to a personal status 
law or, if one must be mentioned, that it be the Personal 
Status Law of 1959, with a recommendation for amendment in 
the near future.  The women expressed dismay over current 
drafts of the constitution, which would codify Islam as "a 
principle source" of law and which the women perceive would 
elevate Islam above other sources.  Two members of the group 
from Sadr City cautioned the Ambassador against 
constitutional recognition of tribal laws that would 
legitimize violence against women in the name of tribal 
honor.  One member criticized a draft she had seen that puts 
emphasis on the government's role in preserving 
 the family's religious, moral, and political values.  An 
advisor to the drafting committee warned against any effort 
to strengthen the perceived role of the Shia religious 
authorities (Marja'ya), and another person requested greater 
access to the TV network in order to discuss the constitution 
from the women's point of view. 
 
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Personal Status Law 
------------------- 
 
2. (C) The Women's Lobby Group argued passionately that the 
new Iraqi constitution must ensure that the personal status 
of Iraqi women is defined under one law.  Should personal 
status issues be left to each religious sect, succeeding 
rulings would likely be based on the interpretations of the 
clergy, they predicted.  Absent a unified law, the Lobby 
Group cautioned, the women likely to be most affected would 
be those in the rural areas who would become subject to the 
interpretations and rulings of clerics regardless of their 
sect or religion.  The group agreed with a recommendation by 
one member of the women's lobby that Iraqi's Personal Status 
Law of 1959, while good for this time, needs improvement. 
 
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"A Source" vs. "A Principle Source" 
----------------------------------- 
 
3. (C) The Lobby Group asserted to Ambassador Khalilzad that 
the Shia Coalition gambit of using Islam as "the source" for 
legislation was a bargaining tactic only.  Therefore, the 
group rejected what is currently referred to as a compromise 
whereby the constitution would specify that Islam is "a 
principle source" of legislation.  One member of the lobby 
said that adopting Islam as a principle source will create a 
pyramid of laws in which Islam will be at the apex.  The 
group accepted characterizing Islam as a principle source as 
long as "other principle sources" are equally designated in 
the constitution.  One member of the group warned that having 
Islam as the top of the constitutional pyramid, which would 
be supported by a phrase stipulating that no legislation can 
contradict the tenets of Islam, would imply that the focus of 
a constitutional court would shift from protecting individual 
rights to protecting Islam.  (Comment: Some of the Shia 
constitutional negotiators vehemently disagree with this 
interpret 
ation.  They believe that the constitution, as drafted, would 
amply protect women.  End comment.) 
 
 
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Tribal Laws and Violence Against Women 
-------------------------------------- 
 
4. (C) Two members from Sadr City cautioned that including 
tribal laws in the constitution would legitimize these laws, 
which would result in increasing violence against women, 
including honor killing.  One lawyer added that tribal laws 
would impose certain values on families that would further 
subjugate Iraqi women.  (Comment: In the latest draft we have 
seen, there is no mention of tribal law.  However, some 
tribal shaykhs in the National Assembly are agitating for an 
explicit recognition of tribal customs.  End comment.) 
 
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Other Issues 
------------ 
 
5. (C) The Iraqi Women's Lobby Group raised other concerns 
including access to al-Hurrah TV to broadcast programs 
relating to women in the constitution.  (Comment: We are 
encouraging this group to discuss possible communications 
strategies regarding gender issues with the USAID-funded 
International Republican Institute, which does much 
media-related work here.  End comment.) 
 
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Comment 
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6. (C) The Iraqi Women's Lobby Group became more optimistic 
after hearing about the Ambassador's involvement in the 
constitution drafting process.  The mood of the meeting 
shifted from despair to moderate optimism after the group 
members sensed that their concerns were finally being given 
favorable hearing. End comment. 
Khalilzad