The Feminist Struggle to Criminalize Honour Killings in the Middle East

31/03/23
Written by: Mathilde Penda
Translated by: Lou Szabo

“There is no honour in a crime against a woman!” chanted Iraqi women outside the Baghdad Courthouse on February 5, following the murder of 22-year-old blogger Tiba Al-Ali by her father. Under international law, honour killings are a violation of women’s fundamental rights, and states are obliged to protect women against such violations. In theory, honour killings are condemned practices in Middle Eastern countries, but they are tolerated due to government inaction, or defended as legitimate cultural practices. In such cases, police investigations are botched or even non-existent, and in cases where a man is prosecuted, it is the woman’s behaviour that becomes the focus of the trial, not the guilt of the accused.

In the Middle East, this practice is still frequently used, under the pretext of preserving the honour of the family and/or the husband, and the number of victims is increasing. Thus, what solutions are being put in place, at various levels, to put an end to this phenomenon?

Honor Killings: Legitimized Violence Against Women

Honor killings are omnipresent in the Middle East, a traditionally conservative region where the notion of social order is very present. In Iran, for example, the notion of individuality is secondary, and society comes first. Consequently, if a person commits an act considered dishonourable, then he or she is disrespecting the honour of his or her community. This principle applies even more to women, as they are under the tutelage of the men in their circle. For Fatemeh Hassani, an Iranian feminist activist, if a woman acts against the values and principles imposed by society, then this dishonour is passed on to the men in her family, who must then make amends.

According to the NGO Human Rights Watch, the reasons can be diverse^[1]HumanRights.ch. (2022). Le crime d’honneur : une introduction. https://www.humanrights.ch/fr/pfi/droits-humains/vie/introduction-crime-dhonneur. It could be a refusal to participate in an arranged marriage, refusal of sexual favours, or an attempt to divorce her husband – whether in the context of domestic violence by her husband, or in a proven context of adultery. The simple interpretation that her behaviour has “dishonoured” her family is enough to launch reprisals^[2]HumanRights.ch. (2022). Le crime d’honneur : une introduction. https://www.humanrights.ch/fr/pfi/droits-humains/vie/introduction-crime-dhonneur. It’s a tradition that is legitimized in society, even encouraged by the misogynistic and sexist mullah regime in Iran. Article 630 of the penal code specifies that: “if a man catches his wife in adultery with another man and is convinced of her consent, he is justified in killing them both on the spot”^[3]Etemadi N. (2007). Haine, mépris, violence, hypocrisie : les quatre piliers du statut des femmes en Iran, Après-Demain, 1, 10-12. https://www.cairn.info/revue-apres-demain-2007-1-page-10.htm.

In Turkey, violence against women and honour killings are also widespread, with over 330 women victims of feminicide in 2022, according to the Turkish association. We will stop Feminicide^[4]Vérot, M-P. (4 janvier 2023). Une femme est victime de féminicide chaque jours en Turquie. RadioFrance. … Continue reading. The patriarchal system continues to govern women’s lives. According to Kemalist tradition, the honour of the family depends on the woman. Men therefore teach women to behave “well”, so as not to attract men, consciously or unconsciously^[5]Ipek, M. (2015). Les violences contre les femmes en Turquie : entre modernisation et traditionalisme, Confluences Méditerranée, 92, 193-206.  … Continue reading.

In Iraq, saving one’s family honour by committing a crime was considered an extenuating circumstance until 2014. Although this factor has been abolished since 2014, the phenomenon is experiencing a resurgence. On January 31, 2023, a father killed his daughter, Tiba Al-Ali, a young YouTube star who had gone to live alone in Turkey with her fiancé^[6]Killing of Youtube star by her father causes outrage in Iraq (2023, February 4). Aljazeera. https://www.aljazeera.com/news/2023/2/4/iraqis-outraged-after-father-kills-youtube-star-daughter, while she was traveling to Iraq to visit her family. Al-Ali’s death sparked outrage among Iraqis on social media, who called for demonstrations in the capital to demand justice in response to her death^[7]Killing of Youtube star by her father causes outrage in Iraq (2023, February 4). Aljazeera. https://www.aljazeera.com/news/2023/2/4/iraqis-outraged-after-father-kills-youtube-star-daughter.

In Iran, seventeen-year-old Mona Heydari was killed by her husband on February 7, 2022^[8]Mostafa, S. & Ramin, M. (9 February 2022). United States. Iranian husband beheads teenage wife, authorities say, shocking the country. CNN.  … Continue reading. The teenager had fled her home because of domestic violence. According to the Women’s Committee NCRI, an Iranian women’s advocacy group: “Whenever she filed for divorce, her family persuaded her to return home and continue living with her husband for the sake of her child”^[9]Mostafa, S. & Ramin, M. (9 February 2022). United States. Iranian husband beheads teenage wife, authorities say, shocking the country. CNN.  … Continue reading. Her husband only received a prison sentence of seven and a half years for murder and a further two months for assault. Under Iranian law, intentional murder carries the death penalty, unless the family pardons the perpetrator^[10]Iran man who decapitated teen wife and paraded her head in public gets 8-year prison sentence. (2023, January 18). CBS.  … Continue reading. A spokesman for the judiciary said that Mona’s parents had “pardoned” her for the crime, so the sentence was reduced, even though the victim’s father had stated that he had not given his consent to the murder^[11]Iran man who decapitated teen wife and paraded her head in public gets 8-year prison sentence. (2023, January 18). CBS.  … Continue reading. The murder sparked new demands in Iran for a law to prevent domestic violence and protect victims. Campaigns have also been launched to change the minimum legal age for marriage. It is currently set at 13 for girls, although even younger girls are legally married with their parents’ consent.

Attempted Resolutions to Abolish Honour Killings

The abolition of honour killings is a complex process requiring concerted action by governments and civil society organizations.

The participation of women in politics is a key issue. Women politicians can play an important role in the fight against honour killings by putting in place policies and laws to protect women against domestic violence and honour killings. They can also work to raise public awareness of the devastating consequences of these practices, and promote more inclusive and egalitarian social and cultural norms.

In Iraq, a quota for women on electoral lists – set at 25%, since 2019 – helps improve their representation. By 2021, 33% of parliamentarians will be women. In the same year, the government department to combat violence against women was founded^[12]Irak : au Kurdistan, le fléau des féminicides et des violences domestiques. (2022, March 20). SudOuest.  … Continue reading. The department’s mission is to promote women’s rights and combat all forms of violence and discrimination against women. The government department for combating violence against women works to prevent violence, protect victims, and prosecute perpetrators. This department is therefore a key element in the fight against violence against women in Iraq, and in the promotion of women’s rights and protection in the country.

Women now occupy important positions in government and public institutions to defend issues of violence against women. Such is the case of Rizan Sheikh Dleer, an Iraqi Kurdish parliamentarian and member of the Human Rights Commission^[13]OHCHR. (2022). Irak : le Comité des droits de l’homme encourage ses efforts pour punir les violences à l’égard des femmes mais s’interroge sur la manière de concilier les principes de la … Continue reading. She has worked for the adoption of laws to protect women’s rights in the Kurdish regions of Iraq, particularly with regard to domestic violence and female genital mutilation^[14]OHCHR. (2022). Irak : le Comité des droits de l’homme encourage ses efforts pour punir les violences à l’égard des femmes mais s’interroge sur la manière de concilier les principes de la … Continue reading.

In many Middle Eastern countries, domestic violence is not criminalized, as it is considered a private matter to be settled within the family. Protest parties are trying to remedy this issue, notably by calling for new regulations. In Turkey, a new penal code came into force in 2005, following the feminist protests of the 1980s^[15]Ipek, M. (2015). Les violences contre les femmes en Turquie : entre modernisation et traditionalisme, Confluences Méditerranée, 92, 193-206.  … Continue reading. The aim of this new civil code was to develop new, effective ways of combating violence against women. One of the key measures taken was to impose heavier sentences on murderers who invoked the notion of honour as a deterrent to others. However, during the proceedings, lawyers noted the tendency of judges to continue to give lesser sentences to criminals, by finding extenuating circumstances^[16]OHCHR. (2022). Irak : le Comité des droits de l’homme encourage ses efforts pour punir les violences à l’égard des femmes mais s’interroge sur la manière de concilier les principes de la … Continue reading. In addition, many honour killings of young women are not dealt with by the judicial system, which is akin to a license to kill.
Since 2011, Iraqi Kurdistan has passed laws to criminalize domestic violence and genital mutilation against women^[17]HRW. (2011). Kurdistan irakien : La loi interdisant les mutilations génitales féminines constitue une avancée importante.  … Continue reading. Under the new law, perpetrators of honour killings could be sentenced to up to life imprisonment. However, since its ratification, this law remains unapplied. In cases of honour killings, arrangements are made between the family of the deceased and that of the guilty party^[18]Irak : au Kurdistan, le fléau des féminicides et des violences domestiques. (2022, March 20). SudOuest.  … Continue reading. On the contrary, article 41 of the penal code even gives husbands the right to “punish” their wives, “within the limits prescribed by law or custom”^[19]HWR. (2020). Irak : le projet de loi sur les violences domestiques devrait d’urgence être adopté.  … Continue reading.

In addition to the passivity of governments in the face of these crimes, some defend these practices on the pretext of cultural legitimacy. The question of honour is paramount in Middle Eastern societies. For French sociologist Camille Boudjak, who has led a worldwide campaign against honour killings, the question of honour is fundamental in Middle Eastern tribal and clan societies. Male behaviour is linked to honour, while female virtue is associated with chastity. Going against established social norms is considered shameful and dishonourable not only for the family, but for the whole community. To restore their lost honour, murder is often seen as the only solution^[20]Lamboley, M., Pelland, M.-A. & Goguen, C. (2022). Les gardiennes de l’honneur : entre victimes et agentes de contrôle coercitif dans des communautés patriarcales, Criminologie, 55 :1, … Continue reading.

The Jordanian Penal Code allows the defence of honour for those accused of committing a crime, enabling criminals to benefit from a reduced sentence^[21]Bara Abu Anzeh, M. (2015). Le crime d’honneur en droit pénal jordanien, Thèse de doctorat de Droit, Université Lille II. Although the government reversed its position by amending the law in 2017, the number of honour killings remains high. According to official government statistics, around 15-20 women are killed every year in Jordan in honour killings. However, the actual number of victims is probably much higher, as many cases go unreported to the authorities^[22]Nezerwe, C. (15 février 2010). Le crime d’honneur n’est pas une chose du passé en Jordanie. Perspectives Monde. https://perspective.usherbrooke.ca/bilan/servlet/BMAnalyse?codeAnalyse=1215.

Various conventions against violence against women have been signed and ratified by a majority of countries in the Middle East region. The Convention on the Elimination of All Forms of Discrimination against Women, adopted on December 18, 1979, commits states to eliminating all forms of discrimination against women^[23]OHCHR. Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes. The countries of the Middle East that have ratified and signed it are Turkey, Syria, Jordan, Iraq, Kuwait, Saudi Arabia, Yemen, Oman, the United Arab Emirates, Bahrain, Qatar, Israel, Lebanon, and Egypt. However, many reservations have been made about signing and ratifying this convention, particularly in Muslim states, to ensure that the Convention’s provisions are consistent with the religious principles applied. These reservations concern article 2 of the Convention, which stipulates that: “States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women…”^[24]Roman, D. (2014). Splendeur et misère de la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes. Éditions Pedone. Bahrain objected to Article 2 with reservations, “in order to guarantee its application within the limits of the provisions of the Islamic Sharia, which implies that Article 2 may be compatible to a certain extent with the Sharia”^[25]Nezerwe, C. (15 février 2010). Le crime d’honneur n’est pas une chose du passé en Jordanie. Perspectives Monde. https://perspective.usherbrooke.ca/bilan/servlet/BMAnalyse?codeAnalyse=1215. Some countries, such as Iran, have still not ratified the Convention.

Even if convicted, prison sentences remain low. On May 21, 2020, in Iran, 14-year-old Romina Ashrafi was beheaded by her father after running away from home with her boyfriend. Following her runaway, her father had already consulted a lawyer to find out what penalty he would face for the crime before killing her. He was sentenced to nine years’ imprisonment in August 2020^[26]Terriennes, I. (2 juin 2020). Onde de choc en Iran après la mort de Romina, 14 ans, décapitée par son père, TV5Monde.  … Continue reading. Under the Iranian penal code, a father faces only the lightest sentence for the murder of one of his children^[27]Article 220 of the Islamic Penal Code states: “the father or paternal grandfather who kills his child… will only be sentenced to pay the blood money to the heir of the victim.”. In the wake of this crime, the Iranian government approved a bill to criminalize all forms of violence against women. The Iranian president has called on his government to introduce tougher laws against honour killings, and Vice President Masoumeh Ebtekar has ordered an investigation into the crime^[28]Ashfari R. (2020, May 7). “Honour killing” sparks outcry in Iran. AlJazeera. https://www.aljazeera.com/news/2020/5/27/romina-ashrafi-honour-killing-sparks-outcry-in-iran”">https://www.aljazeera.com/news/2020/5/27/romina-ashrafi-honour-killing-sparks-outcry-in-iran. A new bill on the protection of dignity and support for women against violence was then proposed by parliament to the Iranian government, along with an action plan. Only 51 members, including only 4 women, examined it. Since its adoption, the religious powers have been trying to delay its application, notably by adding or deleting amendments. The expression “violence against women” was deleted and replaced by “Protection of dignity and support for ladies against violence”. As a result, the bill has many loopholes, making it difficult to apply.

Grassroots Efforts via Local NGOs and Their Awareness Campaigns

Organisations can play an important role in combating honour killings in the Middle East, by raising public awareness, offering support to victims, and advocating for stricter policies and laws to protect the rights of women and girls. They also play a primary socializing role, as they have direct contact with the population and knowledge of languages and customs. The Organization for Women’s Freedom in Iraq (OLFI) is a non-governmental organization dedicated to defending women’s rights in Iraq, founded in 2003 by Yanar Mohammed, who fights for gender equality^[29]Benraad, M. (2018). L’Irak par-delà toutes les guerres. Le Cavalier Bleu.

To combat violence against women, OLFI has set up the first shelters for women victims of violence in Baghdad. These centres take in women in need of protection, giving them access to psychosocial support and courses in literacy, sewing, feminism and human rights. OLFI focuses part of its action on honour killings^[30]Dessaux, N. (15 aout 2005). La lutte des femmes en Irak avant et depuis l’occupation, Courant Alternatif, 148. https://sisyphe.org/spip.php?article1903. In 1990, Iraqi President Saddam Hussein introduced a new article in the penal code, article 111, which exempts from prison a man who kills a woman in defence of his family’s honour. Following this law, honour killings continued to increase. Since 2007, OLFI has been conducting major campaigns to combat and denounce these crimes to the international community, and information provided by OLFI on the upsurge in honour killings since 2003 was included in a 2006 report by the UN Assistance Mission for Iraq (UNAMI)^[31]UN Iraq. https://iraq.un.org/en/132447-united-nations-assistance-mission-iraq-unami, in order to record the cases.

Through awareness-raising campaigns, feminist associations are trying to change sexist and feminist practices in the region. Women’s organizations in Iran and the diaspora have formed alliances to fight against harsher penalties for those guilty of honour killings and other forms of violence against women.

In September 2022, Mahsa Amini, a 22-year-old woman from Iranian Kurdistan, died after being arrested and detained by the morality police, sparking a popular uprising in Iran. According to Iranian feminist Shireen Karmini, the current protests against compulsory hijab wearing are a continuation of Iranian women’s historic struggle for their rights, which transcends the social, ethnic, and ideological divisions of Iranian society in order to foster a new democratic form of governance.

In view of the importance of the protests, Iran’s Supreme Leader ordered a reduction in sentence or an amnesty for thousands of people arbitrarily detained in connection with the anti-government demonstrations shaking the country, as announced on February 5^[32]Cherbonnel, F. (4 février 2022). Iran : comment la violente réponse du régime a étouffé les manifestations, sans éteindre la colère de la société. Francetvinfo.  … Continue reading.

Criminalizing Honour Killings: a Long Way to Go

Honor killings are illegal in most Middle Eastern countries, but unfortunately continue to be practiced in some conservative communities, including Afghanistan, Iran, Iraq, Pakistan, Syria, and other countries in the region.

Human rights organizations, women’s rights activists and governments are working to raise awareness of the dangers of honour killings, and to strengthen laws and policies to protect victims and prosecute perpetrators. However, much remains to be done to eliminate this criminal practice and guarantee the rights and safety of women in the region.