Book contents
- Women as Constitution-Makers
- Women as Constitution-Makers
- Copyright page
- Contents
- Notes on Contributors
- Acknowledgements
- Introduction
- 1 Women’s Movements and the Recognition of Gender Equality in the Constitution-Making Process in Morocco and Tunisia (2011–2014)
- 2 Women and Constitution-Making in Post-Communist Romania*
- 3 Re-Living Yesterday’s Battles
- 4 Women’s Participation in Peace-Building and Constitution-Making in Somalia
- 5 Feminist Legalism
- 6 Women and Constitution-Making in Turkey
- 7 Egypt’s Tale of Two Constitutions
- 8 Dialogic Democracy, Feminist Theory and Women’s Participation in Constitution-Making
- Index
- References
3 - Re-Living Yesterday’s Battles
Women and Constitution-Making in Post-Saddam Iraq
Published online by Cambridge University Press: 25 March 2019
By
Book contents
- Women as Constitution-Makers
- Women as Constitution-Makers
- Copyright page
- Contents
- Notes on Contributors
- Acknowledgements
- Introduction
- 1 Women’s Movements and the Recognition of Gender Equality in the Constitution-Making Process in Morocco and Tunisia (2011–2014)
- 2 Women and Constitution-Making in Post-Communist Romania*
- 3 Re-Living Yesterday’s Battles
- 4 Women’s Participation in Peace-Building and Constitution-Making in Somalia
- 5 Feminist Legalism
- 6 Women and Constitution-Making in Turkey
- 7 Egypt’s Tale of Two Constitutions
- 8 Dialogic Democracy, Feminist Theory and Women’s Participation in Constitution-Making
- Index
- References
Summary
Explores the history of women’s participation in constitution-making in Iraq, following the overthrow of Saddam Hussein, and outlines the strategies women have adopted to have their aspirations for constitutional equality heard. The chapter describes the early promises on the part of the transitional authorities to deliver constitutional equality that were quickly disappointed. It discusses the clash between secular-oriented women's rights activists and religious participants, in particular regarding interpretations of Islamic law. It argues that the gains that were made by Iraqi women under the US-brokered constitution, through the adoption of gender quotas for election to the legislature, were wiped out by regressive provisions regarding religion, family law and personal status. Building on a history of women’s status in Iraq, it concludes that, for the second time in a hundred years Iraqi women's rights were ‘sold out’.
- Type
- Chapter
- Information
- Women as Constitution-MakersCase Studies from the New Democratic Era, pp. 153 - 189Publisher: Cambridge University PressPrint publication year: 2019
References
Al-Ali, Nadje, 2012. ‘The Iraqi women’s movement: Past and contemporary perspectives’. In Arenfeldt, Pernille and Golley, Nawar (eds.), Mapping Arab Women’s Movements: A Century of Transformations Within. (American University in Cairo Press), pp. 93–110.Google Scholar
Al-Ali, Nadje and Pratt, Nicola, 2009. What Kind of Liberation? Women and the Occupation of Iraq. (Berkeley: University of California Press).Google Scholar
Al-Ali, Nadje and Pratt, Nicola, 2006. ‘Women in Iraq: Beyond the rhetoric,’ Middle East Research and Information Project (239), pp. 18–23.Google Scholar
Al-Ali, Zaid, 2014. The Struggle for Iraq’s Future: How Corruption, Incompetence and Sectarianism Have Undermined Democracy. (New Haven: Yale University Press).Google Scholar
Anderson, J. N. D., 1953. ‘A draft code of personal law for Iraq’. Bulletin of the School of Oriental and African Studies 15, pp. 43–60.CrossRefGoogle Scholar
Anderson, J. N. D., 1960. ‘A law of personal status for Iraq’. International and Comparative Law Quarterly 9, pp. 542–563.CrossRefGoogle Scholar
Anderson, J. N. D., 1963. ‘Changes in the law of personal status in Iraq’. International and Comparative Law Quarterly 12, pp. 1026–1031.Google Scholar
Ariany, Bnar, 2013. ‘The conflict between women’s rights and cultural practices in Iraq’. The International Journal of Human Rights 17, pp. 530–566.Google Scholar
Bazzi, Mohamad, 2005. ‘Female Iraqi poised to take power’. Newsday, 24 January, www.newsday.com/news/nationworld/world/ny-wokhaf0124,0,4962580.story?coll=ny-nationworld-world-utility (accessed 25 May 2005).Google Scholar
Brown, Nathan J., 2005. ‘The final draft of the Iraqi constitution: Analysis and commentary’, 16 September, carnegieendowment.org/files/FinalDraftSept16.pdf (accessed 17 July 2016).Google Scholar
Buncombe, Andrew, 2005. ‘Iraqi activist taken up by Bush recants her views’. Independent, 27 August, www.independent.co.uk/news/world/middle-east/iraqi-activist-taken-up-by-bush-recants-her-views-308604.html (accessed 8 July 2018).Google Scholar
Coalition Provisional Authority, 2004. Law of Administration for the State of Iraq for the Transitional Period. 8 March, web.archive.org/web/20090423064920/www.cpa-iraq.org/government/TAL.html (accessed 8 July 2018).Google Scholar
Cole, Juan, 2009. ‘Struggles over personal status and family law in post-Baathist Iraq’. In Cuno, Kenneth M. and Desai, Manisha (eds.), Family, Gender, and Law in a Globalizing Middle East and South Asia. (Syracuse, NY: Syracuse University Press), pp. 105–125.Google Scholar
Constable, Pamela, 2004. ‘Iraqi women decry move to cut rights,’ Washington Post Foreign Service, 16 January, www.washingtonpost.com/archive/politics/2004/01/16/iraqi-women-decry-move-to-cut-rights/74decc2e-6724-470e-b521-8df09ec30fd2/ (accessed 8 July 2018).Google Scholar
Deen, Thalif, 2005. ‘Women may lose basic rights under new constitution’. 21 July, www.ipsnews.net/news.asp?idnews=29609 (accessed 21 August 2005).Google Scholar
Dehghanpisheh, Babak, 2005. ‘What Sistani wants’. Newsweek, 13 February, www.newsweek.com/what-sistani-wants-122691 (accessed 8 July 2018).Google Scholar
Department of State’s Office of International Women’s Issues, 2003. ‘U.S. policy on Iraqi women’s political, economic, and social participation,’ 17 July, www.peacewomen.org/node/90093 (accessed 18 October 2011).Google Scholar
Diamond, Larry, 2005. Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq. (New York: Times Books).Google Scholar
Dodge, Toby, 2003. Inventing Iraq: The Failure of Nation Building and a History Denied. (New York: Columbia University Press).Google Scholar
Dougherty, Beth K. and Ghareeb, Edmund A., 2013. Historical Dictionary of Iraq. (Lanham, MD: Scarecrow Press).Google Scholar
Al-Dulaimi, Naziha, 1982. ‘Rabitat al-Mar’a al-‘Iraqiyya’. al-Thaqafa al-Jadida 5, pp. 104–116.Google Scholar
Efrati, Noga, 2005. ‘Negotiating rights in Iraq: Women and the personal status law’. Middle East Journal 59, pp. 577–595.Google Scholar
Efrati, Noga, 2012. Women in Iraq: Past Meets Present. (New York: Columbia University Press).Google Scholar
Farouk-Sluglett, Marion, 1993. ‘Liberation or repression? Pan-Arab nationalism and the women’s movement in Iraq’. In Hopwood, Derek, Ishow, , Habib, and Koszinowski, Thomas (eds.), Iraq: Power and Society. (Reading, UK: Ithaca Press), pp. 51–73.Google Scholar
Fassihi, Farnaz, 2005. ‘Iraqi Women Push Islamic Law on Gender Roles’. Wall Street Journal, 9 March, www.wsj.com/articles/SB111033106103674180 (accessed 8 July 2018).Google Scholar
Filkins, Dexter, 2005. ‘Secular Iraqis Say New Charter May Curb Rights’. New York Times, 24 August, www.nytimes.com/2005/08/24/world/middleeast/secular-iraqis-say-new-charter-may-curb-rights.html (accessed 8 July 2018).Google Scholar
Filkins, Dexter and Glanz, James 2005. ‘New U.S. envoy will press Iraqis on their charter’. New York Times, 26 July, query.nytimes.com/gst/fullpage.html?res=9C01E0D6123FF935A15754C0A9639C8B63&pagewanted=all (accessed 8 July 2018).Google Scholar
Gharouf, Shereen and Gordon, Elena, 2003. The Heartland of Iraq Women’s Conference Preliminary Report, October, www.peacewomen.org/assets/file/hr_heartlandofiraqwomensconference_womenforafreeiraq_october2003.pdf (accessed 8 July 2018).Google Scholar
Global Policy Forum, 2003. ‘Agreement on Political Process,’ 15 November, www.globalpolicy.org/component/content/article/168/36091.html (accessed 14 July 2016).Google Scholar
‘Hamla Hawla al-Mada 41 Min al-Dustur al-Iraqi,’ 16 May 2009, ehamalat.com/Ar/sign_petitions.aspx?pid=132 (accessed 8 July 2018).Google Scholar
Hammond, Andrew, 2005. ‘Iraqi women turn to US envoy over charter rights’. Reuters Alternet, 2 August, www.alternet.org/thenews/newsdesk/KHA241371.html (accessed 11 August 2005).Google Scholar
Hamoudi, Haider Ala, 2013. Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq. (University of Chicago Press).Google Scholar
Hawley, Caroline, 2005. ‘Iraqi women fear for their rights’. 25 July, news.bbc.co.uk/2/hi/middle_east/4715051.stm (accessed 8 July 2018).Google Scholar
Hooper, C. A. 1928. The Constitutional Law of Iraq. (Baghdad: Mackenzie and Mackenzie).Google Scholar
Human Rights Watch, 2003. Climate of Fear: Sexual Violence and Abduction of Women and Girls in Baghdad. www.hrw.org/reports/2003/iraq0703/ (accessed 8 July 2018).Google Scholar
Human Rights Watch, 2017. ‘Iraq: Parliament rejects marriage for 8-year-old girls’. 17 December, www.hrw.org/news/2017/12/17/iraq-parliament-rejects-marriage-8-year-old-girls (accessed 8 July 2018).Google Scholar
IRIN News, 2005. ‘Women alarmed at prospect of rights erosion UNIFEM says’. 24 July, www.irinnews.org/report/25286/iraq-women-alarmed-prospect-rights-erosion-unifem-says (accessed 8 July 2018).Google Scholar
Jarman, Robert L. (ed.), 1992. Iraq Administration Reports: 1914–1932. 10 vols. (Slough: Archive Editions).Google Scholar
Joseph, Suad, 1991. ‘Elite strategies for state building: Women, family, religion and state in Iraq and Lebanon’. In Kandiyoti, Deniz (ed.), Women, Islam, and the State. (London: Macmillan), pp. 176–200.Google Scholar
Jumhuriyyat al-Iraq, 2005. Dustur Jumhuriyyat al-Iraq, http://parliament.iq/wp-content/uploads/2017/01/دستور-جمهورية -العراق.pdf (accessed 8 July 2018).Google Scholar
Jumhuriyyat al-Iraq, 2003. Qarar Majlis al-Hukm 137 li-Sanat 2003. 29 December, www.iraqld.iq/LoadLawBook.aspx?page=1&SC=&BookID=30338 (accessed 8 July 2018).Google Scholar
Jumhuriyyat al-Iraq, Wizarat al-‘Adl, 2013. Qanun al-Ahawal al-Shakhsiyya al-Ja‘fariyya, www.moj.gov.iq/view.741/ (accessed 12 November 2013).Google Scholar
Khairi, Su‘ad 1980. ‘al-Mar’a al-‘Iraqiyya Tunadil Did al-Diktaturiyya’. al-Thaqafa al-Jadida, 118, pp. 118–123.Google Scholar
Khuzai, Raja Habib and Chapouk, Songul, 2003. ‘Iraq’s hidden treasure’. New York Times, 3 December, www.nytimes.com/2003/12/03/opinion/iraq-s-hidden-treasure.html (accessed 8 July 2018).Google Scholar
Knickmeyer, Ellen, 2005. ‘Kurds fault U.S. on Iraqi charter’. Washington Post Foreign Service, 21 August 2005, www.washingtonpost.com/wp-dyn/content/article/2005/08/20/AR2005082001202.html (accessed 17 July 2016).Google Scholar
Mohamed, Yanar, 2004. ‘Victories for women and death threat to me’. Occupation Watch, 3 February, www.occupationwatch.org/article.php?id=2882 (accessed 5 February 2004).Google Scholar
Morrow, Jonathan, 2005. Iraq’s Constitutional Process ll: An Opportunity Lost. (Washington, DC: USIP), www.usip.org/sites/default/files/sr155.pdf (accessed 8 July 2018).Google Scholar
Palmer, Elizabeth, 2010. ‘Iraqi women crowd ballot in election’. CBS Evening News, 6 March, www.cbsnews.com/news/iraqi-women-crowd-ballot-in-election/ (accessed 8 July 2018).Google Scholar
‘Panel discussion: Women in the Middle East: Progress or regress?’. 2006. MERIA Journal 10, www.rubincenter.org/2006/06/discussion-2006-06-02/ (accessed 7 July 2018).Google Scholar
Philp, Catherine, 2005. ‘Iraq’s women of power who tolerate wife-beating and promote polygamy’. Times Online, 31 March, www.thetimes.co.uk/tto/news/world/middleeast/iraq/article1992302.ece (accessed 8 July 2018).Google Scholar
Republic of Iraq, 2005. Constitution of the Republic of Iraq (English), investpromo.gov.iq/wp-content/uploads/2013/06/iraqi-constitution-En.pdf (accessed 8 July 2018).Google Scholar
Rohde, Achim, 2010. State-Society Relations in Ba‘thist Iraq: Facing Dictatorship. (London: Routledge).Google Scholar
Sengupta, Kim, 2005. ‘New Iraqi constitution must follow Islam on women’s rights’. Independent, 21 July, www.independent.co.uk/news/world/middle-east/new-iraqi-constitution-must-follow-islam-on-womens-rights-say-shia-300525.html (accessed 8 July 2018).Google Scholar
Susman, Tina, 2007. ‘Iraqis divided by treatment of women in constitution’. Los Angeles Times, 9 October, articles.latimes.com/2007/oct/09/world/fg-constitution9/2 (accessed 8 July 2018).Google Scholar
Taqi, Nidal, 2004. ‘Al-Munazzamat al-Niswiyya fi Muwajahat al-Qarar 137’. Al-Barlaman al-‘Iraqi,’ 27 January, www.irqparliament.com/Iraq04/ndal1-26.htm (accessed 27 January 2004).Google Scholar
UN Development Fund for Women, 2005. ‘Iraqi Women Hold Third Sit-in Demonstration to Demand Rights in New Constitution’. 19 August, reliefweb.int/report/iraq/iraqi-women-hold-third-sit-demonstration-demand-rights-new-constitution (accessed 8 July 2018).Google Scholar
U.S. Department of State, 2003. ‘U.S. Policy on Iraqi Women’s Political, Economic, and Social Participation’. 7 August, www.state.gov./g/wi/rls/22492.htm (accessed 29 August 2006).Google Scholar
U.S. embassy in Iraq, 2005. ‘U.S. Ambassador Congratulates Iraqi Leaders on Draft Constitution,’ 28 August, iraq.usembassy.gov/iraq/20050828_khalilzad_statement.html (accessed 21 March 2017).Google Scholar
Vencat, Emily Flynn, 2005. ‘This is my mission’: An activist for women in Iraq on the challenges ahead’. Newsweek, 6 November, www.krg.org/articles/detail.asp?lngnr=12&smap=&rnr=77&anr=7312 (accessed 8 July 2018).Google Scholar
al-Wazzan, Saleem, 2010. ‘Abuse of women continues’. Niqash, 29 July, www.niqash.org/en/articles/society/2728/ (accessed 30 November 2018).Google Scholar
Women for Women International, 2005. Iraqis Want Women’s Rights in New Constitution. 29 June, www.womenforwomen.org/iraqelconf.html (accessed at 30 June 2005).Google Scholar
Wong, Edward, 2005. ‘Iraqi constitution draft includes curbs to women’s rights’. New York Times, 20 July, www.nytimes.com/2005/07/20/world/middleeast/iraqi-constitution-may-curb-womens-rights.html?_r=0 (accessed 8 July 2018).Google Scholar
Woodrow Wilson International Center for Scholars, Conflict Prevention Project, Middle East Project and Women Waging Peace, ‘Winning the Peace Conference Report: Women’s Role in Post-Conflict Iraq’ supplemental material (Woodrow Wilson International Center for Scholars, April 2003), 3, 8, 15–19, www.wilsoncenter.org/sites/default/files/ACF34.pdf (accessed 8 July 2018).Google Scholar
Woodrow Wilson International Center for Scholars and Women Waging Peace, 2011. ‘Building a New Iraq: Women’s Role in Reconstruction’. 7 July, www.wilsoncenter.org/publication/building-new-iraq-womens-role-reconstruction (accessed 8 July 2018).Google Scholar