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Kurdistan Parliament & US Congress Members Reject Baghdad's Shari'a Law

Legislators won't recognize proposed Shiite-backed family law, seen as setback for women

IRBIL, Feb. 5-- The Kurdistan parliament decided today not to recognize a Governing Council decision( IGC 137) to change rules on divorce and other family issues - a move that outraged some Iraqi women who saw it as a serious setback for women's rights here.

In December, under the rotating presidency of Shiite cleric Abdel-Aziz al-Hakim, the council voted to abolish the law regulating marriage, divorce, child custody and inheritance, instead allowing different religious groups to apply their own traditions.

The Kurdistan parliament said in a statement it was sticking to a family law passed in 1959 and the amendments that the Kurdistan administrations have introduced to it.

The council's December decision raised strong opposition even among some of its own members. The decision has not been approved by U.S. administrator L. Paul Bremer, who wields a veto.

Council member Mahmoud Othman, said the Governing Council decision was hasty and should have been deliberated with experts and women's organizations first. The decision passed by a slight majority instead of the necessary two-thirds, he said.

Kurdistan women, living under their own regional administration since 1991, have campaigned against the Governing Council decision. The Kurdistan Regional Government has taken important steps in the last 12 years to empower women and their rights on issues, such as polygamy and making honor killings illegal. There are three women ministers in the KRG, several deputy ministers, as well as 4 women judges.

However, some women's groups fear that the new influence of the conservative Islamic clergy since the collapse of Saddam's regime threatens the status of women in the future Iraq.

LETTER TO President BUSH:

TO AVERT A WOMEN'S RIGHTS CRISIS IN IRAQ, IT'S "NOW OR NEVER"

WASHINGTON, DC, Feb - Today, Reps. Carolyn Maloney (NY-14), Eddie Bernice Johnson (TX-30), Darlene Hooley (OR-05) and 41 other Members of Congress sent a letter to President Bush (http://www.house.gov/maloney/press/108th/IraqiWomenLetterpdf), urging the Administration to curtail a brewing women’s rights crisis in Iraq before the United States's direct influence in that country expires. The Iraqi Governing Council, prodded by Shiite members, recently decided to cancel certain women's protection laws and place them under the jurisdiction of Islamic "Sharia" law - a code that strips women of many basic human rights.

Text of letter to Bush:

February 2, 2004

The Honorable George W. Bush

1600 Pennsylvania Avenue, NW

Washington, D.C. 20500

Dear Mr. President:

We are writing to you to express our strong opposition to the recent resolution passed by the Iraqi Governing Council to "cancel" certain laws that protect women and to place them under the jurisdiction of Islamic law or "Sharia." To prevent this order from taking effect, we strongly urge you and your Administration to take steps now to protect the rights of Iraqi women.

It would be a tragedy beyond words if Iraqi women lost the rights that they had under Saddam Hussein especially when the purpose of our mission in Iraq was to make life better for the Iraqi people. American troops gave their lives in the fight for freedom. We must ensure that their sacrifices result in a free Iraq for all Iraqis, both men and women.

Although women endured increasingly repressive conditions during the last decade, under the former regime, women had the right to work, hold political office, and participate in society. Resolution 137 would eliminate these existing rights. As a result, Iraqi women would be subjugated to a discriminative social and political status. They would have no rights on matters such as custody of children, rights to inheritance, and some interpretations of the law could prohibit women from taking part in public life as equal citizens. In short, under Resolution 137, Iraqi women would be denied the human rights that women have struggled to gain throughout the civilized world. Although this law would not go into effect until after June 30, 2004, which, as you know, is the projected date for the transition to Iraqi sovereignty, once the transition occurs, we will be unable to stop the implementation of these types of harmful laws. It is imperative that we act now to reverse this decision, or the lives of Iraqi women will be worse because of America's actions. We cannot allow that to happen.

In your State of the Union address, you stated that "our coalition is working with the Iraqi Governing Council to draft a basic law, with a bill of rights." We strongly agree with you that the United States should help to ensure that a rule of law is established which recognizes the equal rights of all Iraqi citizens, men and women. Denying equality to more than half of Iraq's citizens will destroy the opportunity to establish a free and democratic Iraq. Therefore, we urge you and Ambassador Bremer to reject the actions of the opponents of equality and ensure that measures such as Resolution 137 do not set a precedent for the future Iraqi government. As Administrator of the Coalition Provisional Authority, Ambassador Bremer must authorize all actions taken by the Iraqi Governing Council. If we do not exercise our influence now to ensure that rights are protected, we fear the potential tragic consequences once the transition to Iraqi sovereignty is completed.

As a new constitution for Iraq is drafted and debated, equal rights and freedoms for all Iraqis must be included in the new Constitution. This is fundamental for Iraq to succeed in establishing a free and just social order. To achieve the goal of equality for Iraqi women, we strongly urge you to do more to ensure that Iraqi women are represented on the local and provincial councils. Women deserve to have every opportunity to make a difference in the Iraqi government.

Iraqi women will provide much of the skills and commitment that are required to build a prosperous and peaceful Iraq. The U.S. must demand equal justice and rights for them. Please secure the support of the Coalition Provisional Authority for this principle and urge them to work with the Iraqi Governing Council to reverse Resolution 137.

Thank you for your attention in this matter. We respectfully request a meeting with you to discuss these very important issues, and we look forward to working with you to help Iraqi women create a better future for their country.

Sincerely,

CAROLYN B. MALONEY Member of Congress

EDDIE BERNICE JOHNSON Member of Congress

DARLENE HOOLEY Member of Congress

TOM LANTOS Member of Congress

ROSA DeLAURO Member of Congress

MARTIN FROST Member of Congress

JOHN OLVER Member of Congress

MARCY KAPTUR Member of Congress

NITA LOWEY Member of Congress

ANÆBAL ACEVEDO-VILA Member of Congress

EDOLPHUS TOWNS Member of Congress

BOB ETHERIDGE Member of Congress

SAM FARR Member of Congress

BETTY McCOLLUM Member of Congress

BOB FILNER Member of Congress

CAROLYN McCARTHY Member of Congress

SHEILA JACKSON-LEE Member of Congress

MICHAEL McNULTY Member of Congress

ZOE LOFGREN Member of Congress

KAREN McCARTHY Member of Congress

CHARLES GONZALEZ Member of Congress

LYNN WOOLSEY Member of Congress

SHELLEY BERKLEY Member of Congress

TAMMY BALDWIN Member of Congress

JOSEPH HOEFFEL Member of Congress

BARBARA LEE Member of Congress

BERNIE SANDERS Member of Congress

LOUISE M. SLAUGHTER Member of Congress

JULIA CARSON Member of Congress

MAJOR OWENS Member of Congress

NEIL ABERCROMBIE Member of Congress

DONNA M. CHRISTENSEN Member of Congress

HILDA SOLIS Member of Congress

SUSAN DAVIS Member of Congress

JERROLD NADLER Member of Congress

DENNIS KUCINICH Member of Congress

LUCILLE ROYBAL-ALLARD Member of Congress

JUANITA MILLENDER-McDONALD Member of Congress

CHAKA FATTAH Member of Congress

ELEANOR HOLMES NORTON Member of Congress

DIANA DeGETTE Member of Congress

PETER A. DEFAZIO Member of Congress

JANICE D. SCHAKOWSKY Member of Congress

MAXINE WATERS Member of Congress


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