The International Federation for Human Rights (FIDH) expresses its grave concern with regard to the decision n°137 of 29 December 2003 made by the Interim Governing Council in Iraq to abolish the Civil Personal Status of 1959 and replace it with the Islamic Shari’a Code in matters related to marriage, divorce, repudiation succession, child custody and inheritance.
The FIDH is very much worried by the disastrous consequences that the enforcement of the « Islamic Shari’a » will have over personal affairs and civil liberties in Iraq, especially regarding women and children.
The FIDH reaffirms the necessity to pay a particular attention to the protection and defense of human rights in the reforming process undertaken in Iraq in view of achieving a democratic transition and recalls that, according to the agreement signed by the Iraqi Governing Council and the CPA on November 15, 2003, the Interim Iraqi authorities that are acting under your supervision, shall operate « under a law which provides basic guarantees of freedom for the Iraqi people ».
Therefore, the FIDH believes that the interim authorities should not depart from strengthening secular institutions and enforcing a civil legislation that ensures full enjoyment of civil rights pertaining to personal status by all the Iraqi people without regard to ethnicity, religion, or gender.
Furthermore, as recognized in an official letter dated 8 may 2003 from the Permanent Representatives of the USA and the UK to the President of the Security Council (S/2003/538), the Coalition Provisional Authorithy as Occupying Power, must, according to the Fourth Geneva Convention, fulfill its responsibilities and obligations under applicable international law.
In this regard, Resolution 1483 adopted by the Security Council on 22 May 2003 obliges the occupying powers to "promote the welfare of the Iraqi people", and funds for reconstruction are to be disbursed for purposes "benefiting the people of Iraq".
Thus, there is a clear basis in Resolution 1483 and in the Fourth Geneva Convention for maintaining that the protection of all human rights for all Iraqis ought to be a key purpose of the reconstruction process and for insisting that the occupying powers must respect, protect and fulfill the human rights of the Iraqi people as long as they continue to exercise effective control over the territory of Iraq.
Therefore, the FIDH
– urges the Coalition Provisional Authority to fulfill its responsibilities and obligations under international - demands the Interim Governing Council to immediately withdraw the resolution N° 137 imposing Shari’a issued on 29 december 2003 and to adopt a new civil personal status legislation that ensures the rights and the equal treatment of all the Iraqi people.