US embassy cable - 05GENEVA2441

UNCLAS SECTION 01 OF 04 GENEVA 002441 
 
SIPDIS 
 
STATE FOR IO/SHA, DRL/MLA 
 
E.O. 12958: N/A 
TAGS: PHUM, Human Rights 
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