Introduction and Summary
1. Equality Now is an international human rights organization with ECOSOC status working to
protect and promote the rights of women and girls worldwide since 1992. Baghdad Women
Association (BWA) is a non-profit organization working in Iraq to combat all forms of
violence against women and girls and ensure legal protection, equality, respect, and all
human rights for women and girls. The Iraqi Women’s League is a non-governmental civil
society association providing women access to employment and vocational training, as well
as physical and mental health services. The Coalition of Women MPs from Arab Countries to
Combat Violence against Women is an independent organization established in December
2014, and has members from both legislative chambers from 13 Arab countries. The Global
Campaign for Equal Nationality Rights mobilizes international action for the removal of
gender-discriminatory provisions from all nationality laws, through its coalition of national,
regional and international organizations and activists, including steering committee members
Equality Now, Equal Rights Trust, the Institute on Statelessness and Inclusion, and Women’s
Refugee Commission. The Institute on Statelessness and Inclusion is an independent nonprofit organisation dedicated to promoting an integrated, human rights-based response to the
injustice of statelessness and exclusion.
2. In this submission, Equality Now, Baghdad Women Association (BWA), the Iraqi Women
League, the Coalition of Women MPs from Arab Countries to Combat Violence against
Women, the Global Campaign for Equal Nationality Rights and the Institute on Statelessness
and Inclusion provide information as stipulated in Universal Periodic Review (Third
Cycle): information and guidelines for relevant stakeholders’ written submissions.
The submission deals with our concern in regard to the need for the repeal of Article 398 of
the Iraqi’s Penal Code No. 111 of 1969 entirely, the need for the proposed amendments to
Personal Status Law No. 188 of 1959 which would effectively lower the age of marriage and
encourage polygamy to be rejected, and the need to amend sex discriminatory articles in the
Nationality Law No. 26/2006. This submission is in reference to Equality Now’s Actions,
“Stop letting rapists go free – Repeal Article 398!,”i and “Iraqi girls face marriage threat and
new proposal encourages increased polygamy,”ii and Equality Now’s report, The State We’re
In – Ending Sexism in Nationality laws.iii
3. In 2014, in its twenty-eighth session, countries recommended to Iraq, which it supported, to
“review its legislation and practices that are discriminatory against women and set up efforts
to eliminate all forms of discrimination and violence against women in all domain of life”.iv
Impunity for Rapists - Article 398 of the Iraq’s Penal Code No. 111 of 1969
4. Article 398 states that if an offender [having committed crimes including rape and statutory
rape] then lawfully marries the victim, any legal action becomes void and any investigation or
other procedure is discounted. If a sentence has already been passed in respect of such action,
then the sentence will be quashed. This sex discriminatory law is thought to preserve the
“honor and dignity” of the victim and her family. Repealing Article 398 would be a big step
towards ending the re-victimization of rape and sexual violence survivors and ensure Iraq is
in compliance with its obligations under international law.
5. In 2017, Parliamentarian Intisar Aljubory, supported by the Coalition of Women MPs from
Arab Countries to Combat Violence against Women, submitted a proposal to fully repeal
Article 398 which was signed by sixty-six of her fellow MPs. In October 2017, the Coalition
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