1 Women’s Rights in “the Arab Spring”Helena Pereira de Melo October 2013
2
3 Mohamed Bouazizi – December 2010
4 Ben Ali – January 2011
5 Cancelling dynasties
6 Egypt – Mohammed Hosni Moubarak“I deny all these accusations completely”
7 “Yes, I am here,” the former president said, raising his hand slightly when the judge asked him to identify himself. “I have not committed any such crimes,” he said.
8 Mohamed Morsi He said it was time to put into practice the Muslims Brotherhood's slogan - "Islam is the solution" - and described its policy plans as having "a moderate Islamic reference".
9 : Saturday's unrest was the latest in a bout of violence that has left a total of 48 people dead in 2 days, including 11 killed in clashes between police and protesters marking Friday's second anniversary of the uprising that ousted Hosni Mubarak.
10 8 October 2013 Supporters of the deposed president Mohamed Morsi had urged university students to protest against the army after the violence on Sunday, one of Egypt's bloodiest days since the military ousted the Islamist leader on 3 July.
11 Libya – Muammar Khadafy
12 10 March 2013 Libya's National Congress has temporarily suspended its sessions due to security concerns after a violent protest that left its members barricaded in a meeting room for several hours and a gun attack on its leader's car.
13 Libyan prime minister says Islamist political rivals in danger of turning country in to another Afghanistan or Somalia "This is a coup. There are political rivals behind this ... a political group that plots to topple the government." He appeared to referring to Islamist blocs in parliament that have sought to remove him. "There is a force that wants to slaughter the state before it is established."
14 Liberty, equality, solidarity
15 Young, angry Arab populations ready to protest spontaneouslyNo: Leader Political party Ideology against Europe Religion “Social media and digital revolutions”: Facebook twitter
16 Countries: Tunisia Algeria Morocco
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18 Tunisian Republic: French protectorate (1956)Estimated population – millions Republic presidential system (2011) Association agreement with the EU Member of the UN, the Arab Maghreb Union, the Arab League and of the African Union
19 October 2011 – Ennahda - Renaissance Party
20 Samir Dilou: We want not a theocracy, but a democratic state, characterized by the idea of liberty. We are not an Islamist party, we are an Islamic party, that also gets its bearings by the principles of the Koran
21 2011 - President: Moncef MarzoukiHe is widely respected for his opposition to former president Ben Ali, and is seen as a likely counterweight to the Islamist Ennahda party which became the country's dominant political force in the elections of October 2011.
22 October 2013 Ennahda last week agreed its coalition government would resign, but only after negotiations with secular opposition parties to establish a temporary, non-party government to run the country until new elections. The deal to step down came after the murder of an opposition leader by suspected Islamist militants in July, which ignited months of protests, shut an assembly drafting a new constitution and threatened a transition seen as the region's most promising.
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24 Algerian Republic: French protectorate (1962)Estimated population – 35 millions Republic presidential system Member of the UN, the Arab Maghreb Union, the Arab League and of the African Union
25 Abdelaziz Bouteflika
26 Authoritarian regime:President chosen by the army Algerian Civil War ( ) State emergency Law ( February 2011) January Protesters were detained by the Army
27 February 2011
28 Même la mort ne veut pas de moi!
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30 The Kingdom of Morocco French protectorate (1956)Estimated population – 32 millions Constitutional monarchy Association agreement with the EU Member of the UN, the Arab Maghreb Union, the Arab League
31 Mohammed VI of Morocco
32 Le Commendadeur des Croyants
33 Mohammed VI is Morocco’s constitutional monarch and – because of His direct lineage with Prophet Mohammed, the founder of Islam – His country’s spiritual and moral guide.
34 King Mohammed announced he would give up some of his powers, make the judiciary independent and that the new constitution would be submitted to a referendum
35 Abdelilah Benkirane's moderate Islamist Justice and Development Party emerged as the biggest party in parliamentary elections in November In accordance with Morocco's new constitution of July 2011, King Mohammed was obliged to choose a prime minister from the party that won the most seats.
36 Women’s rights?
37 The 3 Countries: ICCPR ICESCRInternational Convention on the Elimination of All Forms of Racial Discrimination Convention on the Rights of the Child
38 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentConvention on the Rights of Persons with Disabilities ILO Convention n. 100 Equal Remuneration ILO Convention n. 111 Discrimination (Employment and Occupation)
39 Sex Anti-discriminatory law
40 CEDAW Convention on the Political Rights of Women Option Protocol to CEDAW – only Tunisia Convention on the Nationality of Women – only Tunisia and Morocco Protocol to the African Charter on Human And Peoples' Rights on the Rights of Women in Africa – only Algeria
41 Beijing Declaration and Platform for Action - The Fourth World Conference on Women (1995)
42 Ensure the full implementation of the human rights of women and of the girl child as an inalienable, integral and indivisible part of all human rights and fundamental freedoms Women’s empowerment and their full participation on the basis of equality in all spheres of society, including participation in the decision-making process and access to power, are fundamental for the achievement of equality, development and peace;
43 Promote gender equality and empower women
44 Public life – International Law Private life – Shariah Law3 Countries: Public life – International Law Private life – Shariah Law
45 a) Public life
46 3 Countries – women have:The right to equal protection of the law The right to vote and to be elected To participate in the formulation of government policy and its implementation To hold public offices and perform all public functions at all levels of government
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48 The Constitution of Tunisia (1959)All citizens have the same rights and obligations. All are equal before the law. – article 6 No sex based anti-discrimination clause
49 The numbers: Chamber of Deputies – 22.7% Chamber of Councilors – 15.2%Municipal Councils – 26% Senior State Positions – 22.5%
50 Equal access to education since 1958 – illiteracy rate 20%
51 Civil Service Code (1983) “subject to special provisions required by the nature of positions and that may apply in this respect, no distinction is made between the two sexes for the application of this law” – art. 11
52 Tunisian Postwoman?
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54 The Algerian Constitution (1989)“citizens are equal before the law. No discrimination shall prevail because of birth, race, sex (…)” – art. 29 “the aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which hinder the progress of human beings and the effective participation of all in politic, economic, social and cultural life.” – art. 31
55 Modified in 2008: “The State works to promote women’s political rights by increasing their opportunities to access representation in the elected bodies” – art. 31 bis
56 Parliament – 7. 75% Council of the Nation – 2Parliament – 7.75% Council of the Nation – 2.7% Senior State Positions % Government – 3 women
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58 Constitution of Morocco, 2011“all sex discrimination shall be eliminated” – preamble “Men and women shall enjoy equal civil, political, economical, social and cultural rights” – art. 19 “Political parties shall contribute for the participation of women in politics” – art. 14
59 Authority for equality and elimination of all forms of DiscriminationOnly to a woman? With your mother-in-law?
60 Principle of equal treatment – Limits:Constitutional dispositions The Kingdom's laws The customs of the Kingdom – “Islam as a moderate religion” (art. 1)
61 “all Moroccans are equal before the law”?
62 Low female participation“women are underrepresented in the ‘masculine’ ministries and more represented in ministries that cover domains traditionally considered feminine (education, health, culture). But even here at the highest level, they are few in number” Euromed, 2011
63 Nouzha Chekrouni - Ministre de Condition de la Femme , de la Protection de la Famille, de l'Enfance et de l'Intégration des Handicapés
64 b) Private life
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66 XIX Century – French influence:Commercial Law Law of the Sea Administrative Law Corporate Law Tax Law Labour Law
67 Shariah Law: Family Law Inheritance Law Criminal Law
68 Shariah - “way” or “path”:Primary sources: the precepts of the Quran and the example of Prophet Muhammad in the Sunnah Secondary sources: the consensus of the religious scholars in the Middle Ages (Shafi’i, Hanbali, Hanafi and Maliki)
69 Laws: a marriage with a preset duration, after which it is automatically dissolved a man has to give bride wealth to the woman he marries - he acquires the right to consummate the marriage a man is permitted up to 4 wives who should all receive equal attention, treatment and inheritance
70 2011 - A 3 year old Afghan girl at her engagement to a cousin aged 7.
71 Prophet Muhammad A female's inheritance portion is generally half the amount a male would receive under the same circumstances
72 Sexual intercourse between a man and a woman who is not is wife“A married woman who committed illegal sexual intercourse and bore witnesses 4 times against her was ordered by Mohammed to be stoned to death”
73 Stoning is a form of capital punishment whereby a group throws stones at a person until the person dies. No individual among the group can be identified as the killer.
74 In the name of Allah, Most Compassionate, Most Merciful,the right of paternity will be for the person to whom the mother of the child is married. Hence, paternity will not be established with the adulterer. If the woman is unmarried, the child will only be attributed to her.
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76 Tunisia is a free, independent and sovereign stateTunisia is a free, independent and sovereign state. Its religion is Islam – art. 1 The President of the Republic is the Head of State. His religion shall be Islam. – art 38
77 Habib Bourguiba (1903 – 2000)
78 Women’s rights: Constitution (1959) Code of Personal Status (1956)
79 Code of Personal Status – abolished:polygamy early marriage (age: 18) forced marriage – the right of the father or guardian to oblige the daughter to marry unilateral repudiation by the husband
80 CEDAW – ratified in 1967 : a general declaration reservations to articles 9 § 2, 15 § 4 and 16 § c), d), f), g) and h) – partly lifted in 2011
81 General declaration: “Tunisia shall not take any organizational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of Chapter I of the Tunisian Constitution” - Islam
82 CEDAW – Article 28 “2 – A reservation incompatible with the object and purpose of the present Convention shall not be permitted”
83 Vienna Convention on the Law of Treaties 1969“A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless (…) the reservation is incompatible with the object and purpose of the treaty.” (article 19)
84 Barriers: Article 5 of the Code of Personal Status
85 Article 5 of the Code of Personal Status“Both spouses should have attained the age of puberty and should be free of legal impediments”
86 Legal impediment = impediment stipulated by Islamic Law
87 Can a Muslim Woman Marry a Non-Muslim Man?“And do not marry polytheistic men to your women until they believe. And a believing slave is better than a polytheist, even though he might please you.” [Qur’an]
88 Articles 23 of the Code of Personal Status“both spouses must fulfill their conjugal duties in accordance with their traditions and customs”
89 The dominant patriarchal system:Women’s right to manage her own property? – conjugal authority kept in the hands of the husband Family name?- the husband’s Conjugal domicile? – chosen by the husband.
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91 The values and the fundamental components of the identity of the Algerian People which are Islam…Islam is the religion of the State. The institutions are not allowed practices that are contrary to the Islamic ethics. Any constitutional revision cannot infringe on Islam.
92 In the Name of God the Merciful and the CompassionateIn the Name of God the Merciful and the Compassionate. Faithful to the great sacrifices and to the memory of our martyrs (…). I do solemnly swear by God the almighty that I will respect and glorify the Islamic religion…
93 CEDAW: 1996 – ratified it with reservations to articles 2, 9 § 2, 15 § 4 and 16 2008 – part of the reservations were withdrawn
94 Family Code – 2005: Sets the same age for marriage for men and women (19) Requires the consent of both as a condition for marriage Subjects polygamy to the prior consent of the wife / wives The court checks the man’s ability to ensure fairness among wives The judge uses scientific methods for establishing paternity
95 Nationality Code -2005 – grants Algerian nationality to:Children born in Algeria of an Algerian mother and a foreign father Children born abroad of an Algerian mother and a foreign father
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97 “The motto of the Kingdom shall be: God, The Country, The King” – preamble“The King, Commander of the Faithful, shall ensure the respect of the Islam” - 41 “(…) nor the prescriptions related to the religion of Islam may be subject to a constitutional revision.” - 175
98 CEDAW: 1993 – ratified with reservations to article 2, 9 § 2, 16 and 29 § 1 and with a declaration to article 15 § 4 2008 – King Mohammed VI announced the withdraw of the reservations.
99 Problems: 1. Lex salica - excludes women from the inheritance of the throneLalla Khadija (2007) Moulay Hassan (2003)
100 2. Polygamy:
101 3. Family book - Livret d’Etat Civil:Birth certificate of the father 4 pages for 4 Islamic Marriage certificates
102 4. Extra-matrimonial sexual relationsCriminal Code Article 490 “Sont punies de l'emprisonnement d'un mois à un an, toutes personnes de sexe différent qui, n'étant pas unies par les liens du mariage, ont entre elles des relations sexuelles.”
103 Gender Inequality: High female illiteracy rateEarly marriage (girls under 16 may get judicial authorization to marry) The man is the head of the household Low sharing of household tasks
104 How can she be the head of a political party if she has to obey at home?
105 How is Shariah interpreted?
106 “My community will never agree upon an error”1- Ijma - the consensus of the first generations of the jurists and scholars of the Muslim world is immutable and irrefutable “My community will never agree upon an error”
107 That consensus has not occurred, since it was impossible to know what all the scholars of the XIV century thought.
108 2- Ijtihad - making of a decision in shariah by personal effort, independently of any school of jurisprudence, rooted in the Qur'an and the hadith
109 Hanadi Zakariyya Al-Hindi - the first female pilot in Saudi Arabia“Muslim woman are not supposed to travel alone, only accompanied by a male” - Sheikh Yousuf Al-Ahmed
110 Should Shariah be re-interpreted in the light of interests of the XX century societies’?
111 Application of Shariah:Specific courts – Algeria General courts – Tunisia Specific courts – Great Britain! the Labor Party gave Muslims the go ahead to open up Shariah courts. Now that Muslims are dealing with Muslim family issues within their own courts, we may never know what the real toll is to the violence within Muslim communities (2011)
112 Unlawful = sinful
113 A formal separation of religion and state (law)?
114 “the double frame of reference, religious and universal, leads to different interpretations of laws, with the religious prevailing in questions of family affairs and personal status, and the universal in the relations in the public area” Euromed, 2011
115 Multiculturalism – regional specificities:Traditions - the tribe Religion - Islam Language - Arabic
116 Is democracy reliable? “Friends of Europe”Formal democracy vs material democracy
117 An Islamic journey inside Europe
118 According to the UN, Europe's Muslim population has doubled in the last decade, and an estimated half a million new immigrants - most of them from Muslim nations - arrive every year.
119 Is it really different? - ethnocentrism
120 The Constitution of TunisiaIn the name of God, the Merciful, the Compassionate We, the representatives of the Tunisian people, meeting as members of the Constituent National Assembly, proclaim the will of this people (…) to remain faithful to the teachings of Islam, to the unity of the Greater Maghreb, to its membership of the Arab community…
121 The Constitution of GreeceIn the name of the Holy and of the Consubstantial and Indivisible Trinity - preamble The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ – art. 3
122 Constitution of the Kingdom of Denmark (1953)The Evangelical Lutheran Church shall be the Established Church of Denmark, and, as such, it shall be supported by the State. - art. 4
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124 124 124
125 “Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Nothern Ireland and of my other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith”. 125
126 Colorado - Fundamentalist Church of Jesus Christ of Latter-Day Saints
127 And Allah knows best!