2020 | The London School of Economics and Political Science Response to and reparations for conflict-related sexual violence in Iraq: the case of Shi'a Turkmen in Tel Afar

Conflict-related sexual violence (CRSV) has been widespread in Iraq during the most recent Islamic State conflict. Thousands of Yazidi and hundreds of Shiʿa Turkmen women and girls were subjected to various forms of CRSV, including sexual slavery and forced marriages. This report demonstrates how the Government of Iraq’s inaction, together with its discriminatory laws and practices, continue to fail women, in particular the Shiʿa Turkmen survivors of CRSV in Tel Afar.

As IS crimes against the Shiʿa in and around Tel Afar have not been systematically and comprehensively documented – with some reports of mass killings and few mentions of abductions of women and girls - CRSV crimes have remained largely invisible. This translated into insufficient response by the Iraqi state, international and non-governmental organisations (NGOs), which in turn led to further deterioration of the harsh conditions which female Shiʿa Turkmen survivors of CRSV have been forced to endure.

Discriminatory laws and practices continue to fail survivors

Despite the commitments made Iraq has not implemented any community-based interventions to address CRSV stigma and facilitate the reintegration of survivors. The government has further failed to establish programs to support the socio-economic reintegration and empowerment of the Shiʿa Turkmen survivors. Although certain categories of Iraqi citizens, such as widows or people with disability, may apply to receive welfare payments (Bataqa) under Law No. 11 of 2014, survivors of IS captivity are not per sè eligible. The application process also requires high evidentiary standards preventing survivors who do not have the right documentation, are illiterate, lack the financial means or technical knowledge, from applying.

Failing domestic criminal code leads to impunity

Iraq has an obligation under international law to (i) establish safeguards against CRSV as a form of torture and cruel, inhuman or degrading treatment and as gender discrimination, and (ii) conduct effective investigation, prosecution and punishment of perpetrators of the crimes(s). Yet, no survivors had filed complaints on the CRSV crimes perpetrated by IS under the belief that such efforts would be pointless. The Iraqi legislative framework is inadequate to ensure accountability for CRSV crimes perpetrated by ISIS. The Penal Code definition of rape is gendered and outdated. Moreover, prosecution of rape is subjected to a statute of limitation. Finally, the procedure before the courts are burdensome and, even though lawyers may be appointed on request, there are no psychologists or case workers to assist survivors.

Reparations

Iraq has an administrative reparation programme in place under the Law No. 20 of 2009 on Compensation for Victims of Military Operations, Military Mistakes and Terrorist Actions. However, this law falls short of addressing some of the most rampant violations that took place since 2014, importantly CRSV. Besides it does not include compensation for moral damages, nor rehabilitation, or other symbolic reparation measures. Finally, neither Law No. 20 nor other instruments provide collective reparations for groups who suffered collective harm, as is the case of Yazidis or Shiʿa. While the 2019 draft reparation bill, entitled ‘Yazidi Female Survivors’ Law’ is a step in the right direction and is quite comprehensive - including psychological and medical care, housing, land, compensation, education, livelihood, commemoration and memorialisation activities – it is unclear what crimes will be covered and whether survivors other than Yazidi will benefit from this program.