Report of the Secretary-General pursuant to resolution 2299 (2016) (S/2016/897)
Period of Time and Topic: Covering the period from July to October 2016, the report details progress made towards the fulfillment of the responsibilities of the United Nations Assistance Mission for Iraq (UNAMI) mandate and covers the key developments in Iraq.
Women, Peace and Security
Pursuant to Resolution 2299 (2016), the Secretary-General report provides an update on the implementation of the United Nations Assistance Mission in Iraq (UNAMI) mandate and outlines the major political and security developments, including the human rights and humanitarian situations, in Iraq. References to women, peace and security (WPS) issues have increased in quantity (from 8 to 11 references) when compared to the previous report (S/2016/592); however, the scope of WPS within the report remains the same as previous reports in 2016, with references to women focused broadly on protection concerns, particularly in regards to the Islamic State in Iraq and the Levant (ISIL/Da’esh) perpetrating human rights abuses, including sexual and gender-based violence. Unlike the previous Secretary-General report (S/2016/592) on UNAMI, which only refers to women’s protection concerns, the Observations section references women’s participation, calling on Iraqi authorities to ensure elections “adhere to the principles of inclusivity and the promotion of women’s participation and representation in politics.”Despite these positive inclusions, the report is largely gender-blind, missing key opportunities to identify women’s concerns beyond the human rights situation perpetrated by ISIL/Da’esh.
Security Situation (including Demilitarization and Arms Management)
The report’s discussion of the security situation is dominated by the progress made by Iraqi security forces, the Peshmerga, the popular mobilization forces and local fights, with support of the international counter-ISIL coalition, in Anbar governorate and along the central axis of Iraq towards the city of Mosul.
The report does not provide any information or analysis on the gender dynamics of the conflict itself, missing an important opportunity to highlight women’s protection concerns in the on-going offensive against ISIL/Da’esh. The report notes that, as a result of territory and resource losses, ISIL/Da’esh has increased the number of terrorist attacks and continues to target civilians on a daily basis, with more than five incidents reported per day. Although UNAMI recorded more than 3,001 civilian causalities (967 killed and 2,034 injured) in the reporting period, without sex-disaggregated data, the impact of these terrorist attacks on women is largely unknown. Overall, the report misses an opportunity to recognize and discuss the differential impact on the human rights of women and girls of ISIL /Da’esh terrorism and violent extremism, including in the context of their health, education, and participation in public life (SCR 2242 (2015), PP. 14). Further, the report notes that attacks on internally displaced persons (IDPs) occur frequently, with ISIL/Da’esh claiming responsibility for numerous camps attacks, including the attack on Salam camp in Dawrah; however, the report provides no information on women IDPs, missing an important opportunity to detail women’s protection concerns in humanitarian settings. As per resolution 2299 (2016), which outlined UNAMI mandate, highlights “the need for specific information and practical recommendations related to the gender dimensions of the conflict and on the implementation of women, peace and security agenda in Iraq, and the swift deployment of dedicated expertise such as Women Protection Advisors to accelerate the coordinated implementation of monitoring, analysis and reporting arrangements on sexual violence in conflict and post-conflict situations, and emphasizing the importance of the United Nations, in particular UNAMI, in prioritizing advice, support, and assistance to the Iraqi people, including civil society, and the Government of Iraq to achieve these goals,” the report should have at least provided some information on how the UNAMI mission is working to address the to the gender dimensions of the conflict, including whether there have been any changes in UNAMI deployment, such as increased deployment of Women’s Protection Advisers.
The report’s discussion of the security sector also misses an opportunity to discuss women’s participation concerns. The report does not provide any gender analysis of the impact of the flow and proliferation of small arms and light weapons on women. Although the report notes that in the Baghdad governorate alone there were more than 297 incidents involving explosive devices, killing 427 civilians, the report misses an opportunity to provide information on how UNAMI and/or Iraqi forces are working to empower women, including through capacity-building efforts, to participate in the design and implementation of efforts related to the prevention, combating, and eradication of the illicit transfer, and the destabilizing accumulation and misuse of small arms and light weapons (SCR 2242 (2015), OP. 15). In addition, the report notes that the Iraqi Government continues to participate in senior-level regional visits to garner political and military support in the fight against ISIL/Da’esh; however, the report provides no information on women’s participation in the security. At a minimum, the report should have recommended that the Government of Iraq ensure the participation and leadership of women and women’s organizations in developing strategies to counter terrorism and violent extremism (SCR 2242 (2015), Op. 13). In addition, the report fails to emphasize to security forces the important role that can be played by women, civil society, including women’s organizations, and formal and informal community leaders in exerting influence over parties to armed conflict with respect to addressing sexual violence (SCR 2106 (2013), OP 11).
Political Activities and Electoral Assistance
The report provides some information on women’s participation and demands in the political sector, but does not provide a comprehensive discussion on the challenges currently faced by women to advance into political office and/or to participate in on-going electoral and political processes, including threats of violence. The report notes that the Council of Representatives endorsement of An Nafi’ Awsi as Minister of Construction and Housing brings the number of female ministers to two out of a total of seventeen endorsed. However, the report provides no gender analysis of this endorsement or analysis of women’s participation in appointed government position, including at high-level ministerial positions. For example, the report would have benefitted from a discussion of whether or not there were objections to An Nafi’ Awsi’s appointment because of her sex. In addition, sex disaggregated data should have been provided for all political statistical points cited.
The report also mentions that Iraqi political leaders continued to discuss reforming the electoral legal framework, including recommendations stemming from several “gender symposiums,” which called for strengthening existing constitutional provisions to ensure at least 25 per cent representation of women in elected bodies and a proposal to enable women candidates to gain seats outright in addition to the quota requirement. Although the inclusion of this information is positive, the reference could have been improved with more specific information on women’s situation in the political sector, which detailed barriers to their participation. In addition, the reference would have been improved by detailing all the recommendations of the gender symposium, as well as the outcome of the discussions, including whether it seemed plausible that lawmakers would adopt the quota for women. As the report notes that elections have been set for April 2017 and April 2018, the report also misses an opportunity to call on Iraq officials, with support from UNAMI, to ensure specific attention is paid to women’s safety prior to and during elections (SCR 2122 (2013), OP 8), including that women candidates are afforded as much security assistance as their male counterparts.
The report further provides information on the political activities of the United Nations to increase women’s protection. The report notes that the Secretary-General Special Representative to Iraq met with political, ethnic and religious community leaders to discuss the secure the release of “civilians, including women and girls from minority communities,” held captive by ISIL and the need to provide “psychosocial, medical and other forms of support...notably for the survivors of sexual violence and sexual slavery.” In addition, on 23 September 2016, the report notes the Minister of Foreign Affairs of the Government of Iraq and the Secretary-General’s Special Representative for Sexual Violence in Conflict, Zainab Hawa Bangura, served together as signatories to a joint communique by the Government and the United Nations on prevention of and response to conflict-related sexual violence. At this same ceremony, the Special Representative to Iraq also highlighted the country’s “responsibility to develop a plan of action to implement the agreement and called for the creation of a high-level interministerial body that could serve as a partner to the United Nations, in particular after the abolishment of the Ministry of Women’s Affairs in 2015.” In the Observation section, the Secretary-General also identifies the joint communique “as an important step towards comprehensively addressing such violence, in particular as committed by ISIL against minority communities,” and calls on the Government of Iraq to to “promptly develop a plan of action and to designate a specific entity to chart the way forward for the implementation of the joint communiqué” and “to address the urgent need for services and livelihood support for survivors and children born of pregnancy resulting from rape, as called for in the joint communiqué.”
Although these references provide some information on high-level United Nations action to address women’s protection concerns in Iraq, in general, the references give no information on the outcome of these high-level engagements on women’s protection and/or information on women’s inclusion in such developments. In particular, it would have been beneficial to know how religious, political, and community leaders responded to requests for provision of services to survivors, including whether or not these discussions detailed comprehensive sexual and reproductive health services; increased support to Iraqi organizations meeting immediate needs of civilians, including women fleeing violence; and/or urged clarification of the shelter policy to allow Iraqi NGOs to operate shelters. Further, the report misses an opportunity to discuss whether or not leaders were encouraged to play a more active role in sensitizing communities on sexual violence to avoid marginalization and stigmatization of victims, to assist with their social reintegration, and to combat a culture of impunity for these crimes (SCR 1888 (2009), OP 15). In addition, the report misses an opportunity to discuss whether or not the Special Representative underlined the important roles that civil society organizations, including women’s organizations, and networks can play in enhancing community-level protection against sexual violence in armed conflict and post-conflict situations and supporting survivors in accessing justice and reparations (SCR 2106 (2013), OP 21).
In regards to the joint communique, the report provides no information on its content and accountability mechanisms for the Government of Iraq, including whether the Iraqi official intend to provide medical care, ongoing psychosocial counseling and comprehensive sexual and reproductive health services to survivors, as mandated by SCR 2122 (2013). Although the Observation section recognizes the issue of children born from rape, no information is provided on whether the Government of Iraq will also provide access to emergency contraception and safe abortion services. Further, at a minimum, the report should have provided information on women’s organizations’ inclusion in the design, planning and implementation of a plan of action to implement the agreement, as well as called on political, ethnic and religious community leaders to ensure the participation of women, including women’s civil society organizations, in all processes (SCR 2106 (2013), SCR 1325 (2000), OP 2, OP 8).
Overall, while the report provides information on political processes that potentially impact women, it fails to recognize the continuing need to increase women’s participation and the consideration of gender-related issues in all discussions pertinent to the prevention and resolution of armed conflict and the maintenance of peace and security (SCR 2122 (2013), OP 7) in Iraq.
Human Rights and Rule of Law
The report provides some information and analysis particular ways in which women’s rights are being violated by ISIL/Da’esh, but does not provide a comprehensive gender analysis of the human rights situation. The report notes that UNAMI received numerous reports alleging serious violations of international human rights and humanitarian law against civilians, in particular by ISIL, recognizing that “women, children and persons of disabilities, and older persons remain especially vulnerable.” In addition, the report cites the Special Representative on Sexual Violence in Conflicts statement on 3 August 2016 to honor the second anniversary of the “Sinjar tragedy,” in which “she called upon all religious and community leaders in the region to use their moral authority to help families and communities to understand that the stigma and shame of rape always rested with the perpetrators and never with the victims.” Although it is important that Secretary-General reports continue to highlight women’s protection concerns and high-level efforts, these references do not provide a great deal of indication as to the on-going human rights violations specifically experienced by women and girls. In particular, the report’s references to women’s human rights violations are coupled with “children and persons of disabilities, and older persons.” In doing so, the impact of conflict on women is seen as linked to those of other vulnerable groups, which may serve to diminish the recognition of each population’s unique needs. In addition, the report should have provided information on the impact of Special Representative Bangura’s statement, and discussed whether her statement encouraged any new funding or initiatives to aid survivors of sexual and gender-based violence of the conflict. Finally, at a minimum, the report should have reiterated that ISIL/Da’esh use of sexual violence can constitute a crime against humanity, war crimes and genocide (SCR 2106 (2013), OP 2).
The report also misses an opportunity to discuss women’s human rights violations committed by parties other than ISIL/Da’esh. Although the report notes UNAMI continues to hear allegations of human rights violations perpetrated by armed groups associated with the Iraqi security forces as well as elements of the Peshmerga and affiliated groups, the report provides no information on whether or not there have been allegations of women’s human rights violations, including sexual and gender-based violence. Similarly, the report notes that Iraqi local authorities have undertaken forced evictions and the prevention of return of IDPs in their areas of individuals formerly living under ISIL/Da’esh; however, the report provides no information or analysis on the gender dynamics of these human rights violations. This is particularly alarming as the report notes many of those evicted have been “families of persons suspected of association with ISIL,” which inevitably suggests that women are those being forcibly evicted. At a minimum, the report should have called on the Government of Iraq to “address the full range of violations and abuses of women’s human rights, and the differentiated impacts on women and girls of these violations and abuses as well as forced displacement, enforced disappearances, and destruction of civilian infrastructure” (SCR 2122 (2013), PP 7), committed by Iraqi Forces. Further, the report notes that airstrikes and shelling continue to cause civilian casualties, but UNAMI has not been able to verify their numbers or the specific perpetrators. As such, the report also misses an opportunity to remind forces fighting ISIL, which are the only military entities with airpower, of their responsibility under international law to prioritize women’s protection and to consider the impacts of counter-terrorism strategies on women’s human rights and women’s organizations (SCR 2242 (2015), OP. 12). Overall, the human rights situation for women outside ISIL/Da’esh territory, particularly in newly liberated areas, is unknown from the report.
The report also provides some information and analysis on services to survivors of ISIL/Da’esh terrorism. The report notes that UNFPA has continued to support the Department of Health Centre in Dahuk governorate to provide the necessary medical care, including mental health and psychosocial support, to survivors of sexual violence, through which UNFPA has assisted in the provision of services for more than 600 survivors. In addition, the reports attributed services to an increasing number of survivors to a number of factors, “including safer services, the provision of transportation, the involvement of Yazidi community members as part of the response and improved referral mechanisms.” While the provision of this analysis is positive, these references would have been improved by discussion whether whether or not UNFPA also intended to provide intend comprehensive sexual and reproductive health services, in addition to medical care and ongoing psychosocial counseling and to survivors, as mandated by SCR 2122 (2013). In addition, the report should have provided information on the influence of women’s organizations, including those led by members of the Yazidi community.
Humanitarian Support
The report does not provide analysis of either the gender dimensions of the humanitarian situation, or the ways in which the humanitarian response, including emergency responses and contingency planning, are responding to gender-specific needs. There are also no references to women’s civil society participation in the design, planning or implementation of the humanitarian response. Overall, the report misses an opportunity to apply a gender lens to humanitarian assistance efforts throughout the country, particularly in the provision of medical care, ongoing psychosocial counseling and comprehensive sexual and reproductive health services, as mandated by SCR 2122 (2013). At a minimum, there should be sex and age disaggregated data provided for all humanitarian statistical points cited in the report, including information on the increasing number of displaced persons as the result of the ongoing conflict against ISIL/Da’esh.
Other
In the Observation section, the Secretary-General reiterated that “the crimes committed by ISIL in Iraq, including a systematic campaign of sexual and gender-based violence, may constitute war crimes, crimes against humanity and even genocide,” and calls on “ the Government and the international community to continue to support the survivors and to implement mechanisms of accountability at the international and national levels that will ensure that the perpetrators of international crimes committed in the context of the armed conflict in Iraq are held accountable.” While it is important for the Secretary-General for accountability for survivors of sexual and gender-based violence perpetrated by ISIL/Da’esh, the reference would have been stronger if the Secretary-General reiterated the intention to continue forcefully to fight impunity and uphold accountability with appropriate means and note that the fight against impunity for the most serious crimes of international concern committed against women and girls has been strengthened through the work of the International Criminal Court (ICC), ad hoc and mixed tribunals (SCR 2242 (2015), OP 14), and called upon the Government of Iraq to become signatory to the ICC to ensure accountability at the international level. In this same reference, the Secretary-General also recommends “the Government to implement policies aimed at countering violent extremism, together with appropriate, specialized programmes to assist, in particular, the thousands of young people who have been exposed to ISIL radicalization;”however, the report misses an opportunity to call on the Government and assisting entities to “conduct and gather gender-sensitive research and data collection on the drivers of radicalization for women,” in order to develop targeted and evidence-based policy and programming responses (SCR 2242 (2015), OP. 12).
Ideal Asks
It is imperative that Secretary-General reports on the situation in Iraq integrate gender analysis and reflect the Security Council’s commitment to the WPS agenda, providing a balance between the the protection and participation aspects. In particular, as the conflict between ISIL/Daesh and Iraqi Government forces, with assistance from the Peshmerga, the popular mobilization forces and local fights, and international counter-ISIL coalition, continues to dominate the security situation, future reports must apply a gender lens to the security sector and provide information and gender analysis on all human rights violations, regardless of the perpetrators’ international status. Discussions on ISIL/Da’esh human rights violations should recognize and discuss the differential impact on the human rights of women and girls of terrorism and violent extremism, including in the context of their health, education, and participation in public life (SCR 2242 (2015), PP. 14), and should provide sex disaggregated data on all human rights violations, including SGBV, sexual slavery, abductions and forced marriages. Likewise, future reports should equally consider the impacts of counter-terrorism strategies on women’s human rights and women’s organizations (SCR 2242 (2015), OP. 12). All discussions of women’s protection must also stress the obligation of all parties to provide medical care, ongoing psychosocial counseling and comprehensive sexual and reproductive health services, as mandated by SCR 2122 (2013), which should also include access to emergency contraception and safe abortion services, to survivors. As resolution 2299 (2016) highlights “ the need for specific information and practical recommendations related to the gender dimensions of the conflict and on the implementation of women, peace and security agenda in Iraq, and the swift deployment of dedicated expertise such as Women Protection Advisors to accelerate the coordinated implementation of monitoring, analysis and reporting arrangements on sexual violence in conflict and post-conflict situations, and emphasizing the importance of the United Nations, in particular UNAMI, in prioritizing advice, support, and assistance to the Iraqi people, including civil society, and the Government of Iraq to achieve these goals,” the report should have at least provided some information on how the UNAMI mission is working to address the to the gender dimensions of the conflict, including whether there have been any changes in UNAMI deployment, such as increased deployment of Women’s Protection Advisers.
Future reports must also stress the importance of women’s participation and urge the Iraqi Government to as fully fund and implement in consultation with women’s organizations Iraq’s National Action Plan (NAP) on SCR 1325 (2000). In addition, future reports should provide recommendations to the Government of Iraq to ensure the participation and leadership of women and women’s organizations in developing strategies to counter terrorism and violent extremism (SCR 2242 (2015), OP. 13), and recognize the important role that can be played by women, civil society, including women’s organizations, and formal and informal community leaders in exerting influence over parties to armed conflict with respect to addressing sexual violence (SCR 2106 (2013), OP 11). Finally, given upcoming elections in April 2017, future reports must stress the importance of those Member States conducting post-conflict electoral processes and constitutional reform continuing their efforts, with support from United Nations entities, to ensure women’s full and equal participation in all phases of electoral processes, noting that specific attention must be paid to women’s safety prior to, and during, elections (SCR 2122 (2013), OP 8). At a minimum, sex disaggregated should be provided for all statistical points in the report.