DG Gender Analysis - Design Draft.pdf

DRAFT

USAID/Iraq SEGO Office

Democracy and Governance Sector Gender Analysis

Introduction

USAID/Iraq is in the process of developing new activities in support of its Mission Strategic Framework Development Objective 1: Increased citizen confidence and engagement in democratic governance. Planned activities under this objective will engage different areas of democratic systems development including political participation, elections, civil society and governance.

Since 2003 USAID’s Democracy and Governance activities have been working to support the citizens of Iraq and their government institutions to reach their aspirations for a free, stable and prosperous Iraq. The goal of USAID’s Democracy and Governance work in Iraq is to develop effective and accountable governance, combined with robust civic engagement, and promoting elections that are representative as key requirements for stability and creating the conditions for prosperity and peace for the Iraqi people. The work also aligns with USG integrated goals to improve the effectiveness of democratic processes and its protection of human rights and constitutional freedoms in Iraq; and advance accountable and responsive governance to strengthen democratic principles and fundamental freedoms.

This gender analysis is an informational document intended to inform the design of programs in the democracy and governance sectors. Per ADS 205, the findings of this analysis are to be integrated into designs. It is noted that in certain circumstances, design teams may wish to direct implementing partners to produce a gender action plan following award and during the work planning period.

Methodology: Through a desk review and limited in-person consultation discussions, this analysis investigates the current status of women’s political participation in Iraq as well as obstacles to issues of political representation, governance needs, and legal frameworks to support the role in building Iraq’s Democracy.

Limitations: The findings in this report were limited by time available to deeply explore the issues under investigation, as well as the current restraints on USAID personnel working in Iraq including those related to security and COVID-19 protocols. The use of digital communication and desktop study helped alleviate some of these limitations.

II. Observations and Facts Regarding Women’s Political Participation in Iraq

Iraq’s history of conflict, authoritarian rule, and political uncertainty has laid an uneven path for Iraqi women and their participation in the political and economic development of their country.

Although Iraq’s culture is grounded in a vibrant mosaic of ethnic and religious diversity, the country’s social and cultural practices are underpinned by conservative, traditional approaches to the role of women that sometimes result in limitation to women’s political participation, access to governance systems and engagement in dialog about democratic process. Iraqi women from minority groups face particular challenges in this regard.

Iraq’s population is estimated at 40 million, of which the World Bank estimates about 49% are women.1 As noted in Oxfam’s 2018 Gender Profile, between the 1960s and the early 1980s women and girls enjoyed greater access to education, healthcare and employment - although no real role in the governing system, which was authoritarian and dominated by men. However, the Iran– Iraq war (1980–1988) initiated a stagnation of those social gains and the years of sanctions and conflict that followed continued a trend of weak access to essential services, employment and rights for all Iraqis.2 Since 2003, the economic and security environment for women and girls in Iraq has been dangerous, volatile and generally difficult. The 2021/2022 Women, Peace and Security Index ranks Iraq among the worst countries globally for factors such as inclusion, justice and security.3

Among the constraints facing women in Iraq, education is a primary consideration because it has a longer term impact on independence and also engagement in issues such as political participation. According to the United Nations, The total enrollment in primary education almost doubled to six million children in 2012 from 3.6 million in 2000 but has leveled off.

During this period girls’ enrollment grew at all levels and at faster rates than boys’ enrollment, although overall girls are enrolled in lower numbers than boys and tend to drop out at a higher

1 https://data.worldbank.org/indicator/SP.POP.TOTL.FE.ZS?locations=IQ 2 Gender Profile Iraq, conducted by Oxfam on behalf of UN Women by VALERIA VILARDO and SARA BITTAR, December 2018.

3 Women, Peace and Security Index 2021/2022, Georgetown Institute for Women, Peace and Security and The Peace Research Institute Oslo (PRIO), 2021.

rate.4 Adult literacy rates are particularly low for women. Job segregation is prevalent and women’s entrance into male-dominated professions, including business and political leadership, is severely constrained in some communities. Women’s access to justice and legal protection is also limited. Many women are unaware of their legal rights and are bound by cultural requirements to seek mediation through family and other traditional methods rather than courts.

Iraq’s women are often undervalued and underutilized and this gender gap has implications for the development of the country and for progress towards a secure and lasting democracy.

The current constraints on Iraqi women and gender disparities present in Iraq’s economy, education and health sectors are well known. Although the challenges faced by Iraqi women are significant, their engagement in the political process and participation in the development of Iraq’s democratic culture has seen some improvement over time.

According to a UN study conducted in 2020 by the Iraq Foundation, the cycle of protests that began in October 2019 introduced some changes and opportunities for women in terms of political engagement and participation.5 The report notes that for the first time these protests featured women not just as participants but as leaders in the movement, including voicing their opinion and needs not just on the street but also through use of various communication channels including blogs and impactful social media. Through their participation in the protests women focused attention on issues of equal access to social and economic justice. For the first time in current history women’s voices on these issues were not only raised, but raised in an organized and forceful manner. The UN report considers this a result of years of building and organizing, in part supported by the international community.6

However, a UN report that examined the status of women’s political participation in Iraq also demonstrated the continued obstacles to women’s leadership in political and governance roles.

The report noted that the women interviewed for the report, many of whom were serving as members of parliament or in the government, indicated that women struggle to secure positions of prominence in terms of decision-making or leadership in Iraq’s institutions of governance including state institutions, parliament or the judiciary.7 Despite quotas that secure positions for women in parliament, asserting leadership in the body has been elusive. The situation in local governance is even more challenging, and this creates larger obstacles because those types of

4 United Nations Assistance Mission in Iraq (UNAMI) Fact Sheet Women in Iraq.

5 Promoting Women’s Political Participation in Iraq https://www.iraqfoundation.org/wp-content/uploads/2021/03/Promoting-Womens- Political-Participation-in-Iraq-Policy-Brief.pdf 6 Ibid 7 Women Running for Elected Office in Iraq - Needs and Challenges, UNAMI, ESCWA, Iraq Foundation, 2020.

positions can help leverage a path to gain experience necessary to jump into politics effectively.

One bright spot for women is the civil society sector, where many women serve as founders and in leadership positions in NGOs, despite the challenges both for civil society generally and for leadership roles.8 The two illustrations below from the UN report provide some basic statistics9:

Illustrations Courtesy of Iraq Foundation, UNAMI and ESCWA

8 Data regarding NGOs and their leadership is available through official directorates both nationally and from the Kurdish Regional Government.

9 Ibid.

The October 2021 elections in Iraq resulted in improvements in the number of women elected to parliament. The performance of Iraqi women in the October elections marks a major improvement over the 2018 elections, with 29 percent representation up from 25 percent. Among the 95 women candidates running, 57 women from 16 governorates won seats.10 Women candidates were also among the top vote-getters in the 2021 election - defying long held beliefs that they only win due to quota requirements. Interestingly, according to U.S. embassy analysis among the parties competing, Muqtada al-Sadr’s Sadrist Trend most effectively allocated resources to target the “easier to win” female quota seats. Sadrist women MPs now comprise a third of all women in the Council of Representatives (COR).

Source: UNAMI Gender Analysis Iraq October 2021 Election, March 2022

III. Analysis By Domains

Laws, Policies, Regulations, and Institutional Practices

10 UNAMI Gender Analysis of Iraq’s October 2021 Elections, March 2022

Iraq ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1986. However, Iraq did not sign onto the CEDAW Operational Protocol, meaning it is not formally accountable to the protocol and does not report progress against the provisions in the Convention. It also reserved approval of a number of provisions in the Convention, chief among those Article 9 which calls on signatories to modify or abolish existing laws and penal codes that discriminate against women and also Article 16 related to discriminatory provisions of law related to marriage and family.11

The current Iraqi Constitution adopted in October 2005 included strong language regarding the rights of women and a quota of 25 percent for women’s representation in all decision-making bodies.12 The October 2021 elections demonstrated the power of the use of this quota, resulting in 57 out of 95 women candidates running winning seats, exceeding the quota and reaching to 29% representation. In general the Constitution states that all Iraqis are equal before the law and prohibits discrimination based on sex (Article 14). However, the Constitution also cites Islam as the basic source of legislation and forbids the passing of laws contradictory to its “established rulings”, and allows each religious group in Iraq to govern its own personal status matters (Article 41). As a result, Islamic law and the priorities of religious authorities play a significant role in legal approaches to the status of women in the country.

Areas of particular concern for women under the legal frameworks in Iraq include protections related to violence against women and discriminatory provisions related to transfer of nationality, inheritance and equality in family relationships particularly where the Personal Status Code (noted below) and religious approaches create conflicts in legal rights and interpretations.

Under Article 41 of the 2005 Constitution, each religious group in Iraq has the right to govern its own personal status matters. On the positive side, women’s rights activists in Iraq have mounted a sustained campaign against Article 41 and voiced their concerns through Constitutional revision and review processes.

Finally, the longstanding Personal Status Code of 1959 is a critical piece of law that guides fundamental issues regarding family and status for both women and men. The Code includes legal provisions for marriage, divorce and inheritance. Minimum age of marriage is 15 with parental permission and 18 without and forced marriage is penalized under the code. The code also restricts polygamy, and gives equal rights to men and women in divorce. Women have the

11 Ibid.

12 Ibid. The report also notes that this quota was moved from the chapter on Duties and Rights to the chapter on Transitional Laws, implying that the quota could easily be removed right to access to inheritance, although female entitlement to inheritance is half that of men, which follows Islamic law (Sharia) provisions.13

The Kurdish parliament and government have made some progress regarding women’s rights and legal frameworks - albeit at a regional level. Specifically, the parliament issued relevant laws that prevent legal discrimination against women related to marriage and family including:

2001 Law #1 holding people accountable for performing marriage contracts outside the court;

2001 Law #7, which nullifies the provisions restricting women from the articles 1 and 41 of amended Iraqi code; Law #8 banning arbitrary divorce; Law #11 requiring child support after divorce; Law # 14 outlawing “honor killing”; a 2011 Domestic violence law; and finally a 2018 provision Preventing Trafficking in Persons.

Cultural Norms and Beliefs

The diversity of Iraq’s religious and ethnic groups leads to a diversity in interpretation of the role of women in society and their ability to participate in political and social life. As noted above, the legal framework in Iraq allows a scope of legal interpretations of the rights of women and in particular Article 41 of the Constitution can allow each religious group in Iraq to govern its own personal status matters for issues that have a deep impact on women’s lives such as the age for marriage and the control over assets such as inheritance.

Furthermore, the diversity of culture in Iraq also means that the views of Iraqi women can be equally diverse and views on women’s rights fall across a spectrum. As noted in the 2016 USAID Mission-wide gender analysis, different experiences and approaches lead to different agendas. For example, women’s organizations following a more conservative approach place emphasis on the role of women at home and the educational qualifications of women to pursue roles in politics or community life. By contrast, the more secularist groups focus on education and awareness raising to empower women, intellectually and socially, and engage their participation in decision-making in politics, family and professionally. In practice, as pointed out in the 2021 I-WISH survey and analysis, women often perceive that men and boys do hold more rights that women and girls. In the view of 53% of those surveyed, this is justified in order to “protect” women and girls and also in respect to culture and traditions.14

Gender Roles, Responsibilities, and Time Use

13 Ibid.

14 UNFPA presentation of the Iraq Women Integrated Social and Health (IWISH) survey, produced and published by Ministry of Planning, the Central Statistical Organization and UNFPA in December 2021.

When considering the gender landscape in Iraq, the impact of conflict on the role of women cannot be under-estimated. According to Oxfam’s Gender profile, years of war and political instability have resulted in approximately 10% of households in the country being headed by women who are widowed, divorced, separated, or caring for sick spouses.15 These female-headed households represent one of the most vulnerable segments of the population, with access to economic opportunity and political participation severely constrained.

Generally, in terms of participation in political life and leadership roles in politics, women throughout Iraq face the risks and threats that the public exposure of political participation brings. For example, threats to personal security and inevitable personal attacks on individual reputations, which may be more normalized in other contexts, can have serious implications on a woman’s safety and security in Iraq. As reported in the 2020 UN report on women’s political participation, women who engage in public affairs are subject to personal attacks and harassment, sometimes physically and often verbally, and those attacks extend to their family and their honor.16 In fact, women running for office in the May 2018 polls were subjected to “vulgar acts” on their election posters, as well as “attacks against their reputation and honor, defamation, cyber bullying and harassment.17 However, as indicated in the later in this report, street protests that emerged in 2019 and pressured the government to hold elections in October 2021 often featured women as participants and leaders, despite the risk.

Overall, as noted above in Section II and outlined below in Section IV, the results of the October 2021 indicated some positive trends for women’s political participation. The UNAMI Gender Analysis of the 2021 election notes that female candidates continued to face risks and threats in the course of their candidacy, but their determination across political affiliations and regions remains strong.18 Additional analysis of women’s political participation and the October 2021 election is below in Section IV.

Access To and Control Over Assets and Resources

As noted above, Article 14 of Iraq’s Constitution provides for equality under the law and prohibits discrimination on basis of sex. However, Article 41 allows for interpretation of “equality” measures according to religious law or practice, which can create inconsistencies and

15 Gender Profile Iraq, conducted by Oxfam on behalf of UN Women by VALERIA VILARDO and SARA BITTAR, December 2018.

16 Women Running for Elected Office in Iraq - Needs and Challenges, UNAMI, ESCWA, Iraq Foundation, 2020.

17 Iraqi Women Candidates Targeted for Abuse, BBC Report, April 2018, https://www.bbc.com/news/world-middle-east-43894391

18 Gender Analysis of Iraq’s October 2021 National Elections, UNAMI, March 2022.

https://www.bbc.com/news/world-middle-east-43894391 unequal division of assets in cases of inheritance, divorce and other legal proceedings.19 The legal framework does not formally restrict female participation in political process, however the devaluation of public roles for women generally in Iraq can restrict their access to resources and support to allow them to enter public life. These constraints must be recognized and addressed to allow women not only to participate in roles such as running for office, but also in terms of accessing education, professional networking and other professional resources to pursue technical and managerial careers in the public sector.

Generally, despite Iraqi women enjoying equal rights to employment, according to the 2005 Constitution and the 1987 Labor Code, certain inequitable elements within law limit women’s economic choices. In practice, some legal interpretations influenced by cultural factors have a limiting impact on women working in certain sectors, particularly those that require physical labor or evening work schedules. Current statistics from the 2021 I-WISH survey indicate that nationally only 10% of women eligible to work are employed, with the exceptions of Erbil (16%), Sulaymania (15%) and Salah al-Din governorates (15%).20 The I-WISH survey further indicated that approximately 27% of women in Iraq are willing to work - leaving a significant gap in those employed and those seeking employment. According to available ILO data, approximately 7% of men seeking employment are unemployed.21 It should be noted, however, that current labor statistics in Iraq are difficult to obtain and what is available is dated. Data regarding women working in informal or agricultural sectors is generally not available, although compensation for that work is also generally known to be low or non-existent as it is in many countries.

IV. Democracy and Governance (DG) Sector Gender Considerations

Women’s Political Participation

Women in Iraq have the same right as men to vote and participate in political life. In addition, since 2005, a quota of 25% for women in parliament has been in place. However, the framework of provisions designed to ensure female participation in political process and political life in Iraq has made slow progress towards changing women’s political participation or strengthening their voice regarding inclusion and equality issues in the overall political agenda. Particularly at the sub-national level, where requirements for female representation do not exist, the presence of

19 Political debate over this article has been heated since it was enacted, with many conservative parties in Parliament arguing that personal and family matters may only be interpreted or referenced according to Islamic law and practice.

20 UNFPA presentation of the Iraq Women Integrated Social and Health (IWISH) survey, produced and published by Ministry of Planning, the Central Statistical Organization and UNFPA in December 2021.

21 Iraq Knowledge Network, Labor Force Factsheet, December 2011.

https://reliefweb.int/sites/reliefweb.int/files/resources/LB%20Factsheet-English.pdf women in government and elected positions is low and issues of empowerment, inclusion and equality are largely unaddressed. Furthermore, societal change is slow. UN studies have found that only 67.7% of Iraqi women believe that women should participate in politics as candidates and surveys indicate only 84.8% of women believe that women should vote.22

Regional, ethnic and religious differences regarding the role of women also influence the opportunities for women in Iraq. For example, in February 2009, several amendments were made to Kurdistan election law to increase the inclusion of all groups and the legal minimum quota of female parliamentarians was increased from 25 percent to 30 percent of the legislature.

However, Shia women in the south of the country face significant threats to their security when taking a public role in political life. For example, in August 2020 the women’s rights activist Raham Yacoub was shot in Basra after receiving multiple death threats in response to her role organizing protests and her vocal presence on social media.

As described in the UN report on women running for office, Iraqi politics is dominated by a small number of major political parties and alliances, often centered on ethnic or religious allegiances and is highly patriarchal. Given the rigidity of these formal structures, it is difficult for women candidates to secure positions and support their candidacy. Furthermore, women also do not usually have access to financing, which is fundamental to attracting political supporters.23

A December 2021 report from the Wilson Center regarding the more visible role of women in the street protests in 2019 that eventually led to the October 2021 elections, noted that despite the threat women across Iraq face, they not only participated in protests but organized and led them.24 The Wilson Center report also noted the commonalities and solidarity shown among women across Iraq not only in terms of participation in the protests but also their demands.

Issues such as concern over government corruption, oppression of women, and lack of accountability for men who commit acts of gender based violence were priorities for women activists and protesters.25

The 2020 UN report on women candidates noted that the 2019 protests were unstructured political movements - which provided more space not only for women’s participation but also

22 UN Factsheet, March 2013

23 Women Running for Elected Office in Iraq - Needs and Challenges, UNAMI, ESCWA, Iraq Foundation, 2020.

24 Wilson Center, “Women and Social Media: Key Drivers of Protest in Iraq.” Rachel Kauffman, December 2021.

25 Ibid.

leadership.26 Women interviewed for the UN report indicated that religious, sectarian and clan based political parties present obstacles to their participation and leadership. They also noted that the existing, formal political culture in Iraq undermines women and prevents them from having an effective voice.27

The UNAMI gender analysis of the October 2021 election reported no serious physical attacks against female candidates but social media attacks continued to be widely reported.28 Assessment and analysis of this issue by the Free Iraq Foundation along with other local NGOs was included in a report on GBV and Hate Speech against Female Candidates in the October elections, which noted 166 candidates were subjected to disinformation, defamation and hate speech incidents online with the highest occurrences registered in Baghdad and Kirkuk.29

The UNAMI analysis also provided an interesting, gendered assessment of the new electoral law.

Based on interviews with more than 60 female candidates, the report noted that the overwhelming majority of women candidates believed the new law to be beneficial because, “ (women) could run individually and in smaller districts, and the votes they received were non-transferable. Under the old law, electors were voting for a party when they voted for a candidate, and candidates had to campaign across the governorate in areas where they may have not been known to the electorate.”30 Furthermore the report found that as a result of this the law gave women more visibility and opportunities to engage and demonstrate their value and capabilities and therefore win on their own merit. This provided them a path to forward their campaigns versus relying on central parties that provided little support or attention.

The 2021 CEPPS election analysis report notes that Iraqi political parties need better internal structures with more professional, qualified staff to engage a more diverse party membership and candidates. Furthermore, the lack of party engagement with women, youth and/or ethnic minorities and youth members hinders the ability to gain wider appeal and plan effective outreach. The formal party wings for youth, women and other groups are ad hoc in nature, underfunded and largely patronage-based.31

26 Women Running for Elected Office in Iraq - Needs and Challenges, UNAMI, ESCWA, Iraq Foundation, 2020.

27 Ibid 28 Gender Analysis of Iraq’s October 2021 National Elections, UNAMI, March 2022.

29 Ibid.

30 Ibid.

31 CEPPS, Iraq Post-Election Technical Assessment: 2021 Council of Representatives Elections, February 2022.

Generally, USAID elections programming provided limited engagement of women candidates or political participation. IFES/IRI analysis and reporting on the 2021 election did not provide any detailed focus or analysis on gender or female participation in the elections. The report provides an overview of IHEC, UNAMI and CSO efforts to conduct voter education and outreach activities targeted at displaced persons, people with disabilities, security forces, women, and first-time voters. The reporting indicates that a number of activities engaged women directly, but beyond numbers regarding activities and targeting outcomes regarding voter education efforts on women’s participation is not clear.32

Gender and Governance Institutions

There are structures within the Government of Iraq designed to advance gender mainstreaming and also to address issues of gender equity. In 2003 the Ministry of State of Women’s Affairs was established and took a number of steps to strengthen GOI gender approaches including:

restructuring of the Supreme Committee for the advancement of Iraqi women to develop family protection departments in the Ministry of Interior; formation of the Supreme Committee for the promotion of rural women through a Rural Women’s Development Fund within the Agricultural Initiative Fund; and preparation and adoption in the cabinet of the national strategy against violence against women.33 In 2017, the Directorate of Women’s Empowerment was officially created by the General Secretariat of the Council of Ministers to: coordinate gender units in government institutions and women’s offices in governorates; integrate gender and women’s political, social and economic empowerment in government plans and policies; study and report on the impact of social development programs; reviewing laws, decisions and regulations in terms of a gender perspective; and follow up the implementation of gender-related national plans and strategies. The Directorate has no programmatic portfolio or decision-making power.

The National strategy for the advancement of the status of Iraqi women adopted in 2014 by the Council of Ministers encourages actions to increase the effective participation of women in decision-making positions at the local and national levels and in all reconciliation committees and peace negotiations; the adoption of a quota for women within the executive authority;

harmonization of national legislation with international standards; protection of women from GBV; and provision of safe government shelters for victims of human trafficking, homelessness and exploitation and ensuring their rehabilitation and reintegration into society. However, there

32 Ibid.

33 Project Reports, Strengthening Women’s Political Participation, Phases 1 and 2 completed in 2020, The Iraq Foundation remains a lack of political will to support programmatic and financial resources from Iraqi governmental institutions for these priorities.34

USAID’s Iraq Governance and Performance Accountability Project (IGPA) has specific mandates under its scope to support capacity building of GOI institutions designed to support gender mainstreaming and women’s empowerment. IGPA has worked with the Provincial Women Empowerment Directorates (PWED) and Gender Units as well as the Women’s Empowerment Directorate of the Council of Ministries to support a variety of measures designed to deepen the capacity of government institutions to identify and recommend solutions to gender gaps, coordinate to achieve tangible results, and address the needs of women and girls’ in the GOI’s development planning. At the provincial level IGPA created an assistance package to support PWEDs and to identify how to bolster the High Commission for Coordination among Provinces and the COM Secretariat approaches to gender and social inclusion and support for Anti-Domestic Violence legislation. The project also supported “change agents” within the available government institutions to push issues of gender mainstreaming across the government and also to support activities like Gender Audits of government programs and facilities to ensure the safety, security and general needs of women and girls were considered in design and use.

Finally, IGPA implemented a gender responsive budgeting (GRB) pilot activity with the Ministries of Youth and Sports and Social and Labor Affairs. The Public Financial Management Law Article 10b prescribes gender-responsive budgeting and as such the Ministries of Finance and Planning were open to GRB's introduction. The program worked to introduce GRB at both the national and provincial levels through the two focus ministries, integrating gender considerations into budgetary decisions underpinning PFM systems that can affect the economic and social status of women and girls. The effort was also linked to work on the Anti-Domestic Violence Law through a costing and budgeting exercise including anti-domestic violence services in Iraq to help guide the GOI in securing financial resources to implement the law.

Freedom of Expression and Access to Information

The Iraqi Constitution provides for the right of free expression for women and men. Article 38 protects the freedom of expression including freedom of press, printing, advertisement, media and publication, and freedom of peaceful manifestation. However, as with other areas of the legal framework, Article 38 includes qualifying language that limits the right to activity that “does not violate public order and morality.”

34 Ibid

Other restrictions on freedom of expression include the 1968 Publications Law, which can impose penalties of up to seven years’ imprisonment for publicly insulting the government. In addition, in 2010 the Supreme Judicial Council created a special court to prosecute journalists— despite a ban on the creation of special courts in Article 95 of the Constitution. Generally, Iraq ranks among the bottom 20 countries in the world for freedom of expression. The 2021 World Press Freedom Index ranked Iraq 163th of 180 countries and qualifies the country as “extremely dangerous for journalists.”35

In general in Iraq there remains a high degree of self-censorship, but particularly for women and girls who often fear reprisals at political level, by elements in the community or even in the household. An interview with experts from the Institute for War and Peace Reporting (IWPR) indicated the ongoing dangers and lack of legal protections for women both in the media, civil society and civic life generally who speak out or participate in “political” discussions even on social media.36 The Oxfam gender profile for Iraq notes that internet resources have made it easier for young women to have access to information and news, as well as to participate in public debates, but use of social media and participating in virtual discussion also can result in extreme cyber-bullying and physical threats.37 Women Members of Parliament interviewed for the UN political participation report noted that they were increasingly subject to personal attacks against their reputation, defamation, cyber bullying and harassment.38 This type of harassment and security risk also has a deterrent effect on women joining the media and can result in women who choose journalism and media careers to leave due to ongoing threats and harassment.

Finally, as noted above in the political participation section, both UNAMI and Iraqi NGOs have monitored and reported on significant online harassment faced by Iraq’s female political candidates. However, generally, as found in the Oxfam study, women, particularly younger women, use internet platforms to speak up, despite the risks and threats.

Gender Based Violence (GBV)

A major policy, security and safety concern for women in Iraq is GBV. Risks such as “honor killings”, rape, kidnapping and domestic violence constrain women’s engagement in life outside the home. A 2015 Iraqi Women Journalists’ Forum report found that 8 in 10 women surveyed report having suffered some form of sexual violence and/or harassment.39

35 Reporters without Borders, World Press Freedom Index, https://rsf.org/en/iraq 36 USAID key informant interview with IWPR staff, March 16, 2022 37 Gender Profile Iraq: A situation analysis on gender equality and women’s empowerment in Iraq, Valeria Vilardo and Sara Bittar, Oxfam, December 2018.

38 Women Running for Elected Office in Iraq - Needs and Challenges, UNAMI, ESCWA, Iraq Foundation, 2020.

39 Gender Profile Iraq, conducted by Oxfam on behalf of UN Women by VALERIA VILARDO and SARA BITTAR, December 2018.

https://rsf.org/en/iraq

In Iraq, there is no specific law criminalizing domestic violence or specific violence against women and girls. Although Article 29 of the Constitution prohibits all forms of violence and abuse within the family, the issue of legal interpretation is greatly weakened by various provisions including Article 41 as described earlier in this report. Women’s groups and activists have focused on repealing Article 41 and gaining more protections under the law for years. In 2011, the Kurdistan Regional Government passed the Family Violence Bill, which includes provisions criminalizing domestic violence, as well as forced and child marriages and FGM, but to date a national law remains elusive.

With the support of the USAID IGPA project, significant progress was made towards adoption of the domestic violence law in 2020. The project provided the following support:

● Engaged scholars and practitioners throughout the Middle East region to produce a set of amendments to the draft law which reflect the best practice.

● Supporting the formation of a Council of Representatives (COR) joint committee, comprised of the three relevant COR committees including the Women, Family, and Childhood Committee (WFCC), Human Rights Committee, and Legal Committee.

● Managed input, analysis and amendment process to address various stakeholders, resulting in 16 total amendments accepted in the various drafts of the law to strengthen the law in line with international ADV standards and better protect victims.

● Support formation of the Coalition Coordination Group (CCG) to unify ongoing effort to review, improve and pass the law and create a clear advocacy strategy and advocacy coalition campaigns to pass the law. CCG includes representatives of the GOI, COR, tribal and religious leaders, civil society organizations, youth, and media representatives who are working together to advocate and raise awareness across diverse groups of Iraqi society.

● Support CCG members to define effective coalition structure, management and messaging to maintain a unified approach to advocating for the law.

● Engaged and Initiated dialogues and building trust with religious and tribal communities to ensure the law reflects the sensitivities with which both the Sunni and especially the Shia traditions approach this topic. This included engagement of the Najaf Islamic scholars to help gain their general acceptance of the law and influence other conservative leaders to support the law.

Although the law remains in process continuing the advocacy and coalition building efforts initiated and supported by the IGPA project are positive steps towards its adoption and eventual implementation.

Finally, according to the US Department of State, sexual crimes are rarely reported in Iraq, due to fear of stigma and retribution. Research by United Nations Development Programme (UNDP) found that in cases of rape, the victim’s family sometimes demands that she agrees to marry the rapist in order to protect the family’s ‘honor’; in the event that she refuses, the family may resort to the courts ask a judge to force the marriage to take place.

V. Recommendations

U.S. Government approaches to Gender and Inclusive Development are informed by the National Strategy for Gender Equity and Equality. The overarching objective of the strategy is:

“(to) ensure that all people are treated fairly and equitably and have the opportunity to reach their full potential. Therefore, it aims to address intersecting forms of discrimination and advance equity and equality.” Among other issues, the strategy prioritizes eliminating gender-based violence and advancing full participation in democracy, representation, and leadership in both domestic and international policies and programs of the U.S. government. These priorities of the strategy are reflected in the Summit for Democracy’s Action Planning for the Advancing Women’s and Girls’ Civic and Political Leadership Initiative, which emphasizes partnership with focus countries to advance women’s and girls’ political participation and leadership and in so doing to catalyze democratic reforms in-country, potentially with multi-year programmatic support from USAID.

The following are recommendations for how future USAID activities might engage effectively on issues of gender and inclusion - specifically inclusion of women and girls. This list is by no means exhaustive and serves as an illustration of the types and areas of intervention that may be relevant to USAID programs. Many of these ideas are drawn from a host of studies and reports supported by a host of organizations consulted for this document:

● Continue to support the ongoing efforts of Iraqi civil society and government efforts to enact an anti-domestic violence law. This support has been vital to bringing stakeholders together to resolve differences over the law. A law has been drafted and found support both within the government and civil society but is still under consideration. Calls to pass the law, supported by a coalition of Iraqi activists and local rights organizations, continued through the protest period in 2019 up to the election in 2021. Support for these efforts has been consistent from the international community and USAID provided extensive technical support and advocacy support to the GOI and civil society for the latest version of the law. This work should continue until the law is passed and once it is passed to ensure government institutions are prepared to implement the law.

● Work with women in political parties, women emerging as political leaders, and female civic leaders to increase the effectiveness of women as leaders in the Iraqi government, Parliament and civil society. In particular, the leadership development and support for women in national and local levels of government should be engaged to ensure they are represented and voices heard in decision-making in political processes

● Provide resources and skills development for potential women candidates across party lines to engage in political campaigning, negotiation and interacting effectively with the media. Emphasis on the importance of developing fact-based, detailed action plans, understanding of the interests of voters; and the need to be strong in the face of bullying.

Work with candidates to adopt a stance of commitment; balance; and service to the citizen.

● Civic action and support from civil society organizations and media to promote awareness-raising campaigns to combat negative stereotypes, emphasize the legitimate role of women in decision-making processes at all levels, and encourage women’s participation in decision-making.

● Engage young women in the importance of public service and community activism and the voice they can provide to improve the future of Iraq.

● Collaborate with academic institutions to encourage academic study and research to inform policy work on advancing women’s political participation.

● Work with women, other marginalized groups and youth to break down the current political party frameworks that discourage broad-based participation and entrench practices of carving up and distributing state resources in contrast to the interests of the Iraqi people. Build a new construct for political parties, political discourse and policy making that is active and representative of citizen needs.

● Work with elected women in the COR in innovative ways to build effective political networks and forward change. Support women’s leadership initiatives versus pushing them only towards gender-defined roles in parliament such as forming a women’s caucus.

● Engage in more serious monitoring, evaluation and learning activities that generate a deeper understanding of the needs of women and girls participating in USAID democracy and governance programs and promote a programmatic culture of studying the impact of program activities and learning how to manage activities to create meaningful outcomes.

Move away from just reporting numbers and focus more on learning what type of engagements work and actual impact.

● Adopt a data-driven approach to governance activities that help decision makers understand the importance of inclusive programming. Ensure that beneficiary data is properly disaggregated for minority groups or other vulnerable populations to ensure application of programs is not only equitable but that the results can be properly evaluated and understood based on the needs of different populations.

● Continue efforts to engage Gender Responsive Budgeting in GOI institutions but also consider inclusion of Parliamentary actors in this effort to ensure that annual budgets are approved with gender and inclusion considerations.

RESOURCES CONSULTED

National Strategy on Gender Equity and Equality, The White House 2021.

Georgetown Institute for Women, Peace and Security and Peace Research Institute Oslo. 2021.

Women, Peace, and Security Index 2021/22: Tracking sustainable peace through inclusion, justice, and security for women.

USAID/Iraq Project Appraisal Document (PAD) Gender Analysis, USAID/Iraq, December 2015 (internal, desktop analysis).

Gender Integration into DRG Programs, Programming Toolkit. USAID DRG Center, June 2016 https://www.usaid.gov/sites/default/files/documents/2496/Gender%20Toolkit.pdf

Iraq Women Integrated Social and Health Survey, Ministry of Planning, the Central Statistical Organization and UNFPA, December 2021.

Gender Analysis Iraq’s October 2021 Elections, UNAMI, March 2022.

Promoting Women’s Political Participation in Iraq, 2020 Policy Brief published by UNAMI, ESCWA, and The Iraq Foundation

Women Running for Elected Office in Iraq - Needs and Challenges, UNAMI, ESCWA, Iraq Foundation, 2020

Gender Analysis of Iraq’s October 2021 National Elections, UNAMI, March 2022.

https://reliefweb.int/sites/reliefweb.int/files/resources/Gender%20Analysis%20October%202021 %20Elections_ENG.pdf

Project Reports, Strengthening Women’s Political Participation, Phases 1 and 2 completed in 2020, The Iraq Foundation

Wilson Center, “Women and Social Media: Key Drivers of Protest in Iraq.” Rachel Kauffman, December 2021.

Iraqi Women Candidates Targeted for Abuse, BBC Report, April 2018, https://www.bbc.com/news/world-middle-east-43894391

CEPPS, Iraq Post-Election Technical Assessment: 2021 Council of Representatives Elections, February 2022.

https://www.usaid.gov/sites/default/files/documents/2496/Gender%20Toolkit.pdf https://reliefweb.int/sites/reliefweb.int/files/resources/Gender%20Analysis%20October%202021%20Elections_ENG.pdf https://reliefweb.int/sites/reliefweb.int/files/resources/Gender%20Analysis%20October%202021%20Elections_ENG.pdf https://www.bbc.com/news/world-middle-east-43894391

Gender Profile Iraq: A situation analysis on gender equality and women’s empowerment in Iraq, Valeria Vilardo and Sara Bittar, Oxfam, December 2018.

Key Informant Interviews

Institute for War and Peace Reporting, February 2022 IRI Headquarters and Field Staff, March 2022 IFES Headquarters, March 2022 IHEC, April 2022 Ministry of Planning, April 2022

Iraq Foundation (TBD) Organization of Women’s Freedom in Iraq (OWFI) (TBD) The Women Empowerment Organization (WEO) (TBD) Iraqi Women’s League (TBD) Iraqi Women Journalists’ Forum (TBD) Baghdad Women’s Association (TBD) Asuda Women’s Organization (TBD) Iraq Al Amal Organization

Draft Document Reviewed By

Ayad Sediq, SGEO Gender Advisor, 3/27/2022 Bushra Hamad, Mission Gender Advisor, 4/14/2022 Jill Tirnauer, USAID/Iraq PRO, 4/18/2022 Heather Schildge, DMD, 4/19/2022 Allison Salyer, MENA Gender Advisor, 4/25/2022

Iraq Women Integrated Social and Health Survey, Ministry of Planning, the Central Statistical Organization and UNFPA, December 2021.