WOLA holds a meeting with the other organizations of Halabja governorate on the problems of women.

Duhok Governorate

1.    Directorate of Opposing Violence against Family and Women

This Directorate was established in Duhok governorate city center in 2013.  In the Duhok governorate city center there are two offices namely Nzarke Office and Duhok Office.  Also, there are 8 offices in the districts of Duhok governorate like, ( Smel, Zakho, Akre, Barderash, Amedi, Shekhan, Brayati and Shangal)

2.    Family counsel center

FCC was set up in 2013.  It has 18 experts who holds high certificates including doctorate degrees.  Up to 3 experts will be available at FCC on daily basis for the purpose of reconciling the families having problems and discussing the problems with the people having cases of violence.  At FCC more than 3 cases are received and met daily to bring about reconciliation among them.  Sometimes reconciliation gets the better of them.  And sometimes it is difficult to obtain and is not solved there, especially with cases who are underaged married girls.  The Office Manager said, “Most of the cases are registered due to marital infidelity, misunderstanding, economic problems and beating.”  Also, she stated, “Some cases are transferred to us from the court and others directly come to us.”  Then she talked about her view of the law opposing family violence and said, “The law is very good and by which the women rights are protected.  In recent years people have better understood it.” 

WOLA representative meets with FCC manager.

3.   Duhok Office

Regarding the cases the Office Manager said, “We currently solve most of the cases ourselves.  At this Office all kinds of complaints are filed.  And up to grade four any complaints that are related to women are filed here.”  He also said, “In this Office there are 2 female officers and 3 male officers to investigate the cases.  To begin with, the Office Manager meets with the cases to determine the type of the case.  Then the investigation officer starts investigating them.”  Then he talked about that they are at work 24 hours a day to register and solve the cases.  Also, he said that even after working hours he is willing to deal with any ad hoc cases either through telephone call or presence.    

Later he mentioned that most of the cases are registered due to marital infidelity, swear words and economic problems.  Regarding the complaints that are not filed in the Office are those that are made between man and woman after divorce, especially because of children or other issues except beating, which is registered at the Office, are filed at the police stations.

Afterwards he said, “The women who were under threats are secretly investigated at the time of filing complaints, if need be, so that the woman can be protected.  Or she will be transferred to Nawa Center in Duhok at her request and the investigation judge’s decision.”  Duhok Office has a very good and continuous tie with the investigation judge and the Centers for cases’ information and solution. 

With regard to the law opposing family violence, the Office Manager talked about his view and said, “The law is very good and is applied very well.”  Also, he said, “Currently people understood the law.  They know how to ask for their rights based on this law compared to the old times when most of them felt shame to file a complaint.” 

WOLA representative meets with Duhok Office Manager.

WOLA representative meets with Nzarke Office Manager.

4.    Investigation court for opposing violence in Duhok

The investigation judge stated, “The number of complaints increased but some types of problems dwindled.  This is due to the fact that people’s understanding broadened more.  They look at women and life differently and better consider the rights of women.”  Also, she said, “In the old times complaints were only filed for big problems as it was shame in our community for women to be seen at the offices and courts.  But nowadays women come to file complaints even for the small problems.  For example, women file complaints saying that their husbands prevent them from doing a job, wearing clothes as they wish or going out with their friends.  And there are other similar problems.”

With regard to the judge’s contact with the offices and centers, she said, “I am continuously in contact with them even after the working hours to help any case and victim who needs help.  And those women who were under threats we often transfer them to the Center to be protected until the situation is calmed down.  But in some cases, the women refuse to stay at the Center.  And this is due to the community’s trend and people’s gossip.  In this case we have the pledge of the other party to punish them if they violate or harm the complainants. If there is any, the complainant can file another complaint against them.” 

Regarding the law opposing family violence, she mentioned that the law is very good and applied very well but it needs to be amended and have its legal problems addressed.       

WOLA representative meets with Duhok investigation judge

5.    Zakho district

Zakho Office

Zakho Office Manager mentioned that due to the broadness of Zakho area and presence of the camps there, a huge number of complaints is filed in their Office.  Also, complaints from both subdistricts of Rzgari and Darkar, which belong to Zakho district, are filed in that Office.  Also, he said, “Any complaints related to family, even family complaints related to property and estates, will be filed in this Office.”

“Regarding those problems for which complaints are filed are mostly due to misunderstanding among the families and misuse of social media and communication devices.  After the complaints are filed investigations are made with the cases and efforts for reconciliation and solution are made by our Office,” he said.  “Most cases are settled by the Offices themselves without being transferred to the courts.  But if it needs be, which is very rare, they will be referred to Zakho Court.  As for reconciliation, they will be transferred to Counselling Center in Duhok.” He added.  Then he mentioned that those cases that are under threats will be sent to Nawa Center in Duhok at the request of the cases and investigation judge to protect them until the threats are removed or the cases themselves request to leave the Center, specifically when the authority is certain that they are not under any threats any more.  Then he said, “We are continuously in contact with the centers and court to follow up the cases.”          

WOLA representative meets with Zakho Office Manager.

Garmian Administration

1.    Directorate for Opposing Violence against family and Women

With regard to this Administration, their Manager said, “This has been established since 2007.  At first its works were only following up procedures. As the law was put in to practice, the Administration could deal with the cases and investigate them.”  Concerning the law opposing family violence, he pointed to a number of cases as follows:

1.    This law has drawbacks; therefore, it should be amended as it seems to them the works are carried out with difficulties.  For example, the article (7) of the law talks about some routines which are related to daily life like murder cases which should not be investigated by such offices for family violence and should be transferred to police stations by judge’s order.  That is, the cases of article (7) of family violence should pertain to misdemeanor court not felony court.  But they investigate those cases that belong to felony court.

2.    Another drawback of the law is that it did not talk about the wrongdoings committed against men in the families.  For example, this law did not mention a case in which a wife attacks her husband or marital infidelity happens.

3.    Another more drawback is that the cases should be for the investigators, i.e. in the offices of opposing family violence the misdemeanor and felony investigators should be separated from each other.  So, an investigator should view misdemeanor cases and another investigator should view felony cases.

WOLA representative meets with the Director of Directorate Opposing Violence against Family and Women in Garmian.

2.    The Obstacles in the Way of Implementing the Law

Concerning the defects of this Directorate, the Director talked about that as Directorate of Opposing Violence against Women they have some problems in the way of implementing the law as follows:

v  The lack of employees and an allocated building.

v  The Garmian Shelter House is not sufficient and its working hours are few.

v  The lack of a mental health hospital to be designed for the victims of family violence.

v  The lack of a hotline.  Albeit there is a special contact number at the Office in order for them to be informed of the problems, it was supposed that the line (119) would be continuously on for 24 hours.  Also, it was not made to be used in that area as it needs more than (20) employees.  Fortunately, whoever faces a problem or needs to get through to their employees can dial (119) of Slemani.  Then, they will be immediately informed of the calling and will be at hand.   

WOLA representative meets with Kalar Office Manager.

3.    Shelter House for women in Garmian

This Shelter has been set up for 4 years.  It has a limited service as whoever comes to it should stay not more than 72 hours.  In some special situations and according to the decision of the family violence investigation judge the stay period of certain cases will be extended provided that the Shelter Manager approves of it. 

Those cases that come to the Shelter are mostly those who go to the offices of opposing family violence, Office (104) or other offices.  No any case will be admitted without the decision of the judge of the investigation court.  As the mentioned judge decides to transfer the case to the Shelter, an admission file will be made for her and kept there.     

WOLA representative meets with Women Shelter House Manager in Garmian.

WOLA representative meets with the judge of the court for opposing family violence in Kalar

6.    Garmian Family counsel center

“GFCC was established in 2017.  Those people who have problems and visit it will get counsel and solution their problems.  And even if their problems couldn’t be solved there, they would be followed up there after complaints are filed,” the GFCC Manager said.  Also, she pointed that whoever wants a lawyer they will provide them with a pro bono lawyer via WOLA.  Then she said that the GFCC comprises of some sections including:   

v  Management section:  where management affairs of GFCC is run.

v  Service section:  It is comprised of legal, social and mental sections

o   Legal section: where lawyers and legal counselling is provided.

o   Social section: where there is mediation and the parties are called to present them counselling at their own requests.

o   Mental section: It only deals with those cases that have mental problems as they identify and transfer them to Health Center with whom they are in contact and meet the cases in coordination. 

v  Awareness section: GFCC employees supervise this section. They are working on social awareness in all classes of citizens ranging from kindergarten to university students.  She also said that they continuously spread the awareness through panels, seminars and training courses from the beginning of the academic year to the end of it, especially at the time of launching campaigns of opposing violence against women.

v  Reconciliation committee section: currently it is comprised of (4) members including (2) lawyers, (1) social researcher and (1) mental researcher.  They are going to become (8) members in the near future as it was decided by Directorate General of Opposing Family Violence to increase the members to (8), of which (7) members should be employees from Family counsel center as they will be more conformed with the specified time mostly on ( Mondays and Wednesdays).  This decision is effective for expediting citizens’ issues in the Committee.  Also, the employees and Committee members think that this Committee should deal with the cases before they file complaints and involve in the investigations.  For it is the negative aspect of this law when the families are transferred to the Committee after they were broken up and separated.  Finally, a Committee member said that the problems are increasing and they are mostly resulted from threats, beating, misuse of communication devices, accusations and marital infidelity.       

WOLA representative meets with GFCC Manager.

7.    Kfri Office for Opposing Family Violence

The ordinance for establishing this Office was issued in 2007.  But it started investigating the cases and admitting them in 2007.  Previously it just carried out follow up procedures.

KOOFV Manager stated that the subdistricts of Saida, Shakal, Khan, Sarqala, Kulajo, Koks and other subdistricts pertain to them.  People come to them on daily bases at the time of having family problems and file complaints and they investigate them.  Regarding the law opposing family violence, he said, “The level at which the law is being implemented is good but we recommend it to be amended as in fact it has many drawbacks.  When a law is put in to practice, life, livelihood and tradition should be put in to consideration as tradition is the source of law.  Therefore, the committee who makes the law should consider the views of some governors and professors.  As one of the great faults of this law is that it referred to examples while in fact there should not be examples in law and there should be generic and plural expression.  The law should not say that for example these are violence and confined while it should be the same as Iraqi punishment law as it does not refer to any examples.  When there are examples in the law it becomes confined and does not go beyond the examples.” 

Then KOOFV Manager talked about another notable fault of this law and said, “Although this law named the Law of Opposing Family Violence, in fact it is not the case.  As the law rather refers to violence against women and never refers to violence against men.  So, it is an unjust law as man and woman complete one another in the society.”

Concerning Family Reconciliation Committee in Kfri, KOOFV Manager said that FRC is comprised of (5) members including (2) pro bono lawyers, (1) mullah and (2) KOOFV employees who are researchers.  And the FRC meeting time is not specified as the meetings are held according to the available cases, i.e. if a case files a complaint and the investigation judge refers them to FRC, FRC meeting will be held.  And in the law, it was stipulated that an amount of ID 30,000 be spent for an FRC meeting but until now nothing was spent for them.  Regarding training session, seminars and awareness dissemination, the Manager said, “We continuously hold them in kindergartens and schools, especially in November at the time of launching a campaign on violence against women.”      

WOLA representative meets with KOOFV Manager.

Raparin Administration

1.    Ranya Office

As we met with RO Manager, he said that there is only one Office throughout Raparin area other than that many other villages and subdistricts surrounding Ranya pertain to that Office. 

WOLA representative meets with RO Manager.

WOLA representative meets with Crime and Movement Section Manager

Statistics and planning section:  where the statistics of all cases that are admitted to them is collected and all information related to the complaints are registered.

Regarding the shortcomings that are in RO, RO Manager said,” We have many shortcomings with respect to staff.  Also, we have few officers and employees.  Moreover, we don’t have a budget other than the fact that we are financially supported by the organizations. 

I asked the RO Manager whether the presence of one Office is sufficient to the family problems in the area.  In response he said, “We are under a great pressure.  So, there should be some other offices in the area.  For example, an office for opposing family violence in each of Haji Awa and Chwarqurna is necessary.  Also, there should be two offices in Ranya town so as to decrease the pressure on us and better implement our works here.”  Then he referred to that the lack of investigation court for family violence creates another problem and makes them not to be able to solve the cases in a shortest period of time. 

Regarding the reasons behind the family problems, the RO Manager said, “The low level of education among family individuals causes problems.  As up to date patriarchal culture is prevalent in part of community families.  Also, some people who do not believe in legal system do not solve their differences through law when they face violence.”

He also mentioned that there is many violence with regard to economy as most of the cases who come to them talk about that their husbands do not spend money on them.  There are cases whose husbands expelled them do not spend money on them and their children.  That is another reason behind the cases problems.  With regard to marital infidelity and sexual assault, there are less cases.  Sometimes there are outside intervention into the family’s life as in many times it creates problems for the family.  Also, as the parties do not behave correctly towards one another and misunderstand one another, problems are going to be created.      

WOLA representative meets with the Director of Directorate for Opposing Violence

2.    Shelter

RO Manager mentioned that when someone, being physically abused, comes to them, they directly transfer her to the nearest health center to be treated and so that they can have initial medical report.  Then after they obtain a deposition from her, they will transfer her to a court.  Afterwards, the court decides to put her in Raparin jailhouse as they do not have a shelter.  So, they are obliged to put her in the jailhouse if none of her relatives received her.  Often the case goes to her relative’s house on her responsibility.  If there is no one to take care of her, they will transfer her to Slemani Shelter House.  So, the RO Manager said, “This is the problem for us and the safety of the case.  Therefore, it is high time a special shelter be set up for sheltering family violence victims in this administration. “

3.    Hotline

Regarding a hotline, the Director of Directorate for Opposing Violence against Family and Women said,” When someone having a problem contacts number (119) they will be answered from Slemani.  Then we will be informed about the case.  Afterwards, we will help them as far as we can.  And we will follow up the case and make efforts to solve it.  Often, the case only asks for guidelines and we provide her with them.”

As for another question we directed to the Director whether they have female officer.  In response he said, “Most of those who work at the sections are females.  But we do not have female officers other than that we have female employees.”

4.    Ranya Investigation Court

Concerning RIC, other than the investigation cases, all family cases are viewed in RIC.  This is due to the lack of a court for opposing family violence in Ranya.  So, this created a situation that they can not differentiate between the family cases and other cases as it was mentioned in the law opposing family violence. 

The lack of a special court for family problems led to the fact that they take long times until they are settled.  This is why it is necessary for forming a special court for the family problems as it was mentioned in the law. 

Questionnaire

In this report we conducted a questionnaire in Kurdistan region regarding the law opposing family violence so as to know to what extent the citizens are aware of the law opposing family violence and to what extent they have information on the court for opposing family violence.  Or if they faced a problem, did they come to the court?  To what extent the Reconciliation Committee were cooperative to them and made efforts to solve their problems.  Then they were asked about the kinds of violence which were committed against them.  With these and other questions, we found out that very few citizens are familiar with the law opposing family violence or the court for opposing family violence.  Therefore, we find that the relevant authorities should take serious action towards implementing the law opposing family violence through helping the citizens be aware of having such a law. 

Questionnaire Results

Question 1: To what extent do you have information on the law opposing family violence?

As the result of this questionnaire we found out 38% of the participants do not have any information on the law opposing family violence, 56% of them to some extent are familiar with it and those who are completely aware of it were very few who are 6% of them.  This is why this should be taken in to consideration as the law being issued for many years and applied in the court is known by few people.  It is worth to be mentioned that those who participated in the questionnaire were people with problems and visited the courts.  So, they should have been quite aware of it.  At this point we will find out that if another questionnaire was conducted among people who did not visited the courts, it would be impossible for them to have a reasonable information on the law.  This is why it is necessary for the relevant authorities and organization to work more on disseminating awareness.   

Question 2: To what extent do you have information on the court for opposing family violence?

From here we found out as the citizens do not have information on the law, so they do not have information on the court for opposing family violence.  Therefore, working on citizens’ awareness of having such a court is very necessary.   

Question 3:  To what extent do you agree with the Reconciliation Committee members?  Could they be cooperative, as required, to solve your problem? 

From here we found out that to some extent Reconciliation Committee could play this great role.  As the rate is not very high it is for the RC members to play a better role in tackling the cases and bringing about family reconciliation.  At the same time more attention should be given to such committee and required budgets should be allocated for them for expert fees and all required provisions.  Also, they should be more open handed in their works so as to improve their role of reconciling the families.

Question 4: What kind of violence was committed against you?

From this result we found out that most of the victims faced violence.  In the families, mental violence was committed against the victims like insults, swear words.  This is why complete attention should be given to the mental side of the victims.  At the time of their visiting to the relevant authorities, efforts should be made to rebuild the mental side of the victims.  And mental health hospital should be opened for them.

Question 5: To what extent did the judge and employees of the court for opposing family violence cooperate with you and facilitate your work?

From here we found out the judges and members of the courts cooperated with the family cases, as required.  This is commendable.  But those people who do not have good opinion of the courts are not few.  And the reason behind this attributed to the legal procedures, enormity of the cases and scarcity of judges and employees.  As when a citizen files a complaint do not go to the court because the cases take very long time there until they are settled due to the enormity of cases and scarcity of judges and employees.  Therefore, the citizens feel disturbed and discomfort towards the courts. 

Question 6: Was the investigation with you made in secret?

Based on the law opposing family violence, investigations of the family cases should be confidential.  But this result tells us that the confidentiality that is necessary in such cases exists with a small percentage.  There are many reasons behind this among them is the lack of a special court for opposing family violence.  Another reason is that the misdemeanor court views all lawsuits and the investigation court has many complaint files.  On the other hand, as there is no a proper place for the investigation court, confusion is being made.  Also, the lack of a proper place for investigating the family cases, as often it happens that the investigation is made in a small room with the presence of several investigators, leads the cases not to be entirely confidential.  And all of these reasons are because of the negligence of relevant authorities. 

Question 7: Who committed violence against you?

As the result of this questionnaire we found out most of those who commit violence are males and husbands against their wives.  Therefore, males should be more made aware by opening varieties of awareness training sessions through which the violence rates could be decreased. 

Question 8: How long does it take to have your case solved at court?

   As the result we found out the problems that are in the courts take a long time until they are settled.  Often as the cases took a long time and did not get settlement, the complainants gave up their complaints.  This was often due to the scarcity of judges and employees of that court.  This is why the relevant authority should make serious efforts to provide more judges and employees for the courts so that the complainants cannot lose their rights by postponing their cases and to be hopeless in filing their complaints. 

Statistics

1.    The total statistics of the directorates of opposing violence against families and women in Kurdistan region. 

2.    Kinds of statistics in the directorates of opposing violence against families and women in Kurdistan region in 2018.

3.    Kinds of statistics in the directorates of opposing violence against families and women in Kurdistan region in 2019. 

4.    The comparison of statistics of all directorates of opposing violence against families and women in Kurdistan region between 2018 and 2019.

From these statistics we found out that the numbers notably increased in all directorates, especially those of the complaints.  This tells us to work more on the law opposing family violence, make practical steps for implementing it and address the problems and difficulties in the way of its implementation.     

Statistics of violence in Mnara Office in Hawler Governorate

With comparison of six months between 2018 and 2019

Statistics of family violence in Raparin Administration area:

Statistics of marriage and divorce in Raparin administration area:

Statistics of Reconciliation Committee in Raparin area:

Statistics of the courts of opposing family violence in Slemani governorate in the first six months of 2019

Statistics of WOLA cases in 2019

Recommendations

1.    Increasing the number of investigation courts in all governorates in a way to keep the cases confidential and facilitate the procedures works. 

2.    Forming a misdemeanor court for family problems in all governorates.

3.    Increasing the number of offices in all governorates so as to facilitate the cases’ works and help the victims due to enormity of the complaints. 

4.    Allocating required and appropriate buildings for the offices in a way that the places be proper and safe for the complainants and their employees and away from the neighborhoods and having sufficient securities for them.

5.    Increasing the number of women at the high administration positions related to the law implementation.

6.    Opening shelters for the family violence victims and separating them from other cases.

7.    More attention should be given to the mental aspect of family violence victims when the complaints are processed.  It is for the Ministry of Health and Ministry of Work and Social Affairs to take serious action to open mental hospitals for the victims.

8.    The relevant authorities, especially the Ministry of Interior, should take serious action to disseminate awareness on the law.

9.    Working on keeping the cases confidential in the courts and offices.

10. The Parliament should take serious action to amend the law opposing family violence in a way to address all the drawbacks that appeared during its implementation.  This can be done through working with the organizations, judges and relevant authorities who are implementing it. 

11. Providing the directorates and offices with all requirements of fuels, vehicles and police so that they can play better roles to implement the law.

12. Putting and specifying a generalized and uniformed mechanism for the courts, in terms of having types and specialties of the courts, in a way not to let any court to deal with the cases differently.

13. Appointing permanent and fixed members for Reconciliation Committees and allocating financial merits and administrative requirements for them so that they can play their important roles as a reconciliation committee to fulfill family reconciliation. 

14. Working on enlarging and developing the shelters that are currently present so as to become a safe haven for the victims in a way that their safety and future are protected.

15. Appointing mandated or pro bono lawyers for the family violence victims at the stage of investigation.

16. Setting up awareness and professional training sessions for the officers and investigators of the directorates and offices as technology is progressing and electronic crimes are increasing.

17. Transferring Reconciliation Committees to the Offices so as to solve more problems and fulfill more family reconciliations