Amina Osman (C) sells second hand clothes in the city of Arbil.—AFP Photo
Amina Osman (C) sells second hand clothes in the city of Arbil.—AFP Photo

ARBIL: In June 2011, Iraqi Kurdistan passed a landmark law that criminalised female circumcision and domestic violence, but one year on, activists remain frustrated with its patchwork implementation.

In what is a conservative society even by Middle East standards, the passage of the law last year was hailed by rights groups and NGOs as a major step forward after years of struggle.

The law punishes physical, sexual and psychological assault committed within the family, creates conditions for the protection of victims and mandates the establishment of specialised courts.

It also carries penal and financial punishments for those who promote or practise female genital mutilation.

Kurdistan is a three-province region in Iraq's north that enjoys great autonomy from the central government, with its own parliament, budget, and armed forces.

The region benefits from a markedly more stable security situation than the rest of the country, and an improving economy, two factors that mean life for women in Kurdistan is widely regarded as better than Iraq's other provinces.

But terrible problems remain, one of which is female genital mutilation.

Though often perceived as a problem mostly prevalent in Africa, the practice is widespread in Kurdistan, according to German NGO Wadi, which published a report in 2010 on the subject, based on interviews with 1,700 women in the region.

According to that report, 72.7 per cent of women in the region's two biggest provinces of Arbil and Sulaimaniyah were victims of female genital mutilation, with the rate rising to almost 100 per cent in some areas.

Wadi pointed to a “clear link” between the practice and illiteracy, pegged at 51.1 per cent among women in Kurdistan.

The adoption of the law marked a “big victory”, said Suzan Aref, head of the Women's Empowerment Organisation, a local NGO established in June 2004.

“At least now we are talking about this,” she said.

Pakhshan Zangana, secretary general of the High Council for Women's Affairs, a Kurdish government agency, agrees: “In our society, just to recognise domestic violence is very important. Society recognised that, yes, we do have domestic violence, it is a crime. This is so important.

“In other societies, it is (considered) the right of the family, that they have the right to do anything,” she said.

But both women agree the battle will not be won until the law is fully applied, which appears a long way off.

“Yes, we have laws, but... we don't have implementation,” Aref said. “This is a big problem. You cannot find that the numbers (for female genital mutilation) have reduced because of this law, because no one knows about it,” she said, adding: “We need a campaign of awareness.”

Women losing hope

Police in the region are widely seen as reluctant to investigate deeper in to violence against and the causes of apparent suicides, which may well be so-called honour killings, Aref noted.

Women see the law not being applied, she said, and “they lose hope.” Ramziya Zana, head of the Arbil-based Gender Studies and Information Centre Organisation, is more direct.

“It has been one year since the law was passed, and it has still not been applied,” she said.

“It's a disaster. Now, you have to either return the law to parliament, or apply it”.

According to her, judges and religious leaders have stood in the way of the law's full implementation.

“Most judges think this is harmful for the family,” and those who apply it “can be counted on one hand,” she said. As for religious leaders in Kurdistan, “there is nothing in the law that they like” and many have called for it to be amended or scrapped.

Zangana admitted there have been difficulties in applying the new law, particularly in the creation of special courts, but insisted an implementation plan was being developed with the United Nations, and said patience was needed.

“It is new in a society like our's—anything against traditional culture, we cannot measure within months,” she said.

Aref also said she remained optimistic about long-term trends in the region, but voiced regrets that the law did not appear to address the root causes of domestic violence.

“We are dealing with the results of the problem, not the roots,” she said.

“There is something that leads to honour killings and suicide—forced or early marriage, illiterate women who have no income. You can see how the mentality (of people in Kurdistan) cannot accept women's issues,” she said.

Opinion

Enter the deputy PM

Enter the deputy PM

Clearly, something has changed since for this step to have been taken and there are shifts in the balance of power within.

Editorial

All this talk
Updated 30 Apr, 2024

All this talk

The other parties are equally legitimate stakeholders in the country’s political future, and it must give them due consideration.
Monetary policy
30 Apr, 2024

Monetary policy

ALIGNING its decision with the trend in developed economies, the State Bank has acted wisely by holding its key...
Meaningless appointment
30 Apr, 2024

Meaningless appointment

THE PML-N’s policy of ‘family first’ has once again triggered criticism. The party’s latest move in this...
Weathering the storm
Updated 29 Apr, 2024

Weathering the storm

Let 2024 be the year when we all proactively ensure that our communities are safeguarded and that the future is secure against the inevitable next storm.
Afghan repatriation
29 Apr, 2024

Afghan repatriation

COMPARED to the roughshod manner in which the caretaker set-up dealt with the issue, the elected government seems a...
Trying harder
29 Apr, 2024

Trying harder

IT is a relief that Pakistan managed to salvage some pride. Pakistan had taken the lead, then fell behind before...