Yemen: Protect Women’s Rights in Constitution

Source: HRW

National Dialogue Process Should Make Ending Discrimination a Priority

September 17, 2013

(Sanaa) - Yemen should protect women’s rights by ensuring that its new constitution has adequate protections for women, Human Rights Watch said in a letter to the head of the Rights and Freedoms Working Group of its National Dialogue process that was made public today.

Yemen’s National Dialogue was created to bring together all segments of Yemeni society to set the direction for the country’s future, including creating the building blocks for a new constitution. The Rights and Freedoms Working Group is responsible for human rights, including women’s rights. A committee will be created to draft the new constitution when the National Dialogue concludes its work in September 2013, though its end date may be extended. The constitution will be adopted after passage by a national referendum.

“It’s no exaggeration to say that the future of Yemen’s women and girls is going to depend on the Rights and Freedoms Working Group’s efforts on behalf of their rights,” said Rothna Begum, Middle East and North Africa women’s rights researcher at Human Rights Watch. “This is a historic opportunity for Yemen to end the deeply entrenched discrimination against its women in both law and in practice.”

Yemeni women face severe discrimination in all aspects of their lives, Human Rights Watch said. Women cannot marry without the permission of their male guardians; they do not have equal rights to divorce, inheritance or child custody, and a lack of legal protection leaves them exposed to domestic and sexual violence. Yemen has high levels of child marriage, with girls as young as eight forced into marriage.

In its letter to the Rights and Freedoms Working Group, Human Rights Watch set out the key issues affecting women’s rights. Human Rights Watch made a series of recommendations calling on the working group to ensure women in Yemen equal rights, promote their right to equal participation in the political process, and protect them from discrimination and gender-based violence.

The new constitution should have clear and explicit provisions to guarantee women full equality including before the law in accordance with international law and treaties, Human Rights Watch said. The constitution should require positive measures to achieve the full and equal empowerment of women so they can access their rights fully on the same basis as men. It should also prohibit discrimination on the grounds of sex, gender, marital status, pregnancy, or other gender-specific attributes and ensure that all forms of discrimination are prohibited.

The Working Group on Rights and Freedoms should recommend the adoption of measures to specifically address social and cultural impediments to women’s full participation in political life, even where their rights are legally and constitutionally guaranteed and protected, Human Rights Watch said. These could include public awareness campaigns about women’s rights, capacity building for women to take part in civic affairs, and support for women leaders.
Yemen’s new constitution should include provisions that define gender-based violence as a form of discrimination and direct the authorities to take steps to prevent and respond to it. Yemen’s legislature should then enact laws to end all forms of violence against women and girls.

The constitution should also contain a provision affirming that women have equal rights with men to enter into marriage on the basis of their full and free consent, equal rights within marriage and in the case of its dissolution, and equal inheritance rights with men. The personal status law and other laws should be revised to remove all provisions that discriminate against women.

Child marriage, one of the most severe forms of gender discrimination, is common in Yemen.  Early marriages may cause girls serious physical and emotional harm, and deny them their education and other opportunities. Yemen should set the minimum age for marriage at 18, Human Rights Watch said.

The National Dialogue began on March 18, over a year after the ouster of President Ali Abdullah Saleh. It involves the participation of 565 people, 28 percent of them women, representing a cross-section of Yemeni society. The dialogue includes discussion over grievances by those in the South who have called for secession as well as in the northern Sa’da region, national reconciliation and transitional justice, state-building, good governance, the role of armed and security forces, the protection of vulnerable groups, rights and freedoms, and development.

Recommendations from the National Dialogue will serve as a basis for drafting a constitution. Following a referendum in which a constitution is approved, general elections will then take place, concluding the planned two-year transitional period.

“Women took part alongside men in Yemen’s uprising,” Begum said. “Members of the National Dialogue have a responsibility to women and girls in Yemen to ensure that their rights are fully protected in the constitution and to see to it that they can live their lives free from discrimination and violence.”

Sarah and Ghaidaa: Two Yemeni girls in Poland, sharing their thoughts on the revolution

“I really want to return to Yemen, because, let’s face it, no matter how bad your country is, it is still your country. It’s like your family. They can suck big time but you still love them”, that is what Sarah, a 25-year-old student from Yemen, declared, in a dormitory somewhere in Warsaw.     

                                                                                                                

She and her friend Ghaidaa are two Yemeni girls studying in Poland. They have both earned a scholarship by the Erasmus program, for their bachelor and postgraduate studies. Sarah is a beautiful English student wearing a hijab full of flowers, and Ghaidaa is a charming women’s rights activist who absolutely adores her husband…                                                          

When one runs into two Muslim girls in Europe, away from their land that has been tormented by a 33 year old unjust regime and a conservative society, one has lots of questions to ask. Both girls have participated in the demonstrations against Ali Abdullah Saleh. They have tons of experience, and plenty of things to share about the revolution that has been going on for a year now, in Change Square.

During the Revolution

“I felt normal more than ever in these protests. It was a whole new world for me.” Sarah told me looking as if she was living it all over again. “I told my mom that I had to go, or I would be depressed for the rest of my life.  A week before, my brother’s friend was killed there. It was very important for me, because he was like my brother. It was a great loss for me.” And she went to be a part of the revolution.

Everything took her by surprise “I always wanted to know what is going on. When I finally went there, I witnessed something new. It was like a small community inside a bigger one. People were cooperating; they were taking care of themselves and each other. They were acting in solidarity. They had a temporary construction that they used as a hospital; they had organized workshops, even courses for little children. It was a well-managed community. Everything we want our country to be. I felt completely free. I didn’t have to worry about people harassing me, I was walking and no one would look at me or offend me in any way. Inside this community men were different than in our everyday lives. They were more understanding, more respectful, and they would listen to us.”

Ghaidaa was also there several times. “It was really crowded at the Change square. But no one would harass you. I thought that things had really changed. However, outside the Change Square, everything stayed the same.” As if the square had a hypnotic effect on the protestors. “The thing is that the regime itself has been hiring people to enter the peaceful protests and harass women. They would create a fuss so that the revolution would be undermined by violent incidents.”

Has the revolution died?

 “I cannot say that the revolution is still going on” Ghaidaa says “The only things that are left are the political parties and the clashes. For me, though, the revolution has died in Yemen. And in spite of the women’s participation and the women’s movement we still cannot enjoy our rights freely…”

Women’s role in Yemeni society and the revolution

If we follow the events of the revolution from the beginning, we will notice that women activists and citizens had the leading role. For Ghaidaa it came as a surprise, “They are participating and contributing a lot in this. I didn’t expect that. I was afraid that all the protestors were going to be men. Strangely enough, there were times that women outnumbered men during some marches.”                   

A woman having such a strong presence in the country’s political and social rise is not a common sight. Yemen is a strictly conservative society, as Ghaidaa describes it. “Women’s rights aren’t protected and fully guaranteed. In the Yemeni law there are a significant number of provisions against Yemeni women. For example, if I want to get my passport, I am not allowed to apply for it by myself. I have to be accompanied by my husband or some other male family member, even if that relative is younger than me. Women are treated as children. It’s as if they aren’t responsible for their behavior. They should be always in search of male guidance and support.” 

The regime was getting really scared by women’s rising influence on the revolution so they would do anything to stop it. “In the beginning of the revolution Saleh said in one of his speeches that women are mixing with men at the Change square, living together in tents, and that’s “haram”. It is forbidden by Islam. Obviously, he used religion as a weapon” Ghaidaa claims. Unfortunately, the Islamic party and the conservative society were very keen on believing what he was implying. Therefore, the regime decided to build a barrier in the middle of the square to divide women and men protestors…

Wearing a hijab…

Sarah is wearing her colorful hijab and seems really happy. Ghaidaa, on the other hand says that even though she doesn’t wear it in Warsaw, in Yemen she would have to, “if not there would be some serious reactions. There are some women who don’t wear it. They are almost 20 in Yemen and really brave. However they rarely walk. They prefer cars. I knew one of them, who once stopped at the red light and someone spit on her and threw water on her.”    

                                                                                                                         

 But are all men like that in Yemen?                                                                             

“There are three types of men in my country. The ones that consider unacceptable for a woman to not wear a hijab. The ones that don’t accept women that don’t wear hijab, however they acknowledge the fact that it is their right- and only god can punish them. And the ones that are completely against the hijab. Fortunately, there is a significant number of Yemeni men that respect women’s rights.”     

As the Islamic parties are getting stronger and stronger, with the elections on the 21^st of February closer than ever, women’s status is getting weaker and weaker. “I am afraid we will lose the little we have gained so far” Ghaidaa says.  

A large number of women have died during clashes. “When women were dying, the Yemeni media wouldn’t mention their names, as opposed to men’s names and deeds that were praised. After a while women’s names started popping up.” Like the one of Tawakul Karman, a Yemeni activist that received the 2011 Nobel Peace Prize in Oslo, along with Ellen Johnson Sirleaf and Leyman Gbowee, both from Liberia. She has generated worldwide attention to Yemen’s authoritarian regime. “ That woman was into politics even before the revolution, she was one of the ones that started it all. I’m not really supporting her because she is with the Al Islah party (Islah means reform) but it is quite radical” Sarah confesses.   This popular sentiment could have put Tawakul Karman at odds with demonstrators. While she’s been a leader of the youth movement since the start of the revolution, Karman is also a leading member in the Islah party, the country’s main Islamist opposition party.

The political maneuverings

“Even elections, were a way for the regime to manipulate us” both Sarah and Ghaidaa agree on that.                                                                                                                                                          The elections are a condition of a power transfer deal that Saleh signed in November, and Yemeni officials have called them a critical milestone in progress toward ending the crisis. However the ruling party and the opposition agreed to nominate only one candidate, Abed Rabbo Mansour Hadi, who is currently the vice president. Some independent candidates are also expected to run. Hadi assumed some executive duties after the signing of the power-transfer deal in November, but Saleh retains most of his powers, officials say.                                                                                             According to Ghaidaa, the situation in Yemen is very unique. “We are surrounded by Gulf countries, who share common interests with the Americans. Therefore, both are trying to intervene in the Yemeni situation. You can see in the map that Yemen is the only Republican country and it is circled by monarchies. It suits everyone perfectly for the regime to remain the same. If the Yemeni people succeed in gaining their rights, then the people in the other Gulf countries will imitate it, they will be inspired by it.”    

Saleh recently agreed to step down as president in exchange for immunity. Demonstrators argue that’s not enough, because Saleh’ s officials – including his son and other family members – remain in power.

What are you fighting for?

Sarah looks at me firmly and says “We are starting from scratch. We want food. The regime is depriving us of our basic necessities, like food, gas and electricity in order to put pressure on us. There were times when streets in Sana were empty, because all cars were waiting in line at the gas stations. My brother was sleeping, eating inside the car. We were waiting for days to get gas. Food prices have risen 100%. We have electricity for a couple of hours each day.”

Why Poland?

“I went away because I was trying to get a better education. We don’t have high leveled education in Yemen. Actually we have no education in Yemen.” Sarah tells me with a bitter smile. “Our universities are good but not as good as here. Teachers don’t get paid well, so they don’t really do their best. We have no facilities, no equipment.”

What is the reaction of Poles towards you?

“Oh look there’s an Arab terrorist! It is clearly all about stereotypes. Actually sometimes it feels good. People are scared of you and you feel you are powerful. Just joking!”  laughed Sarah. “I really like Polish people. They are constantly trying to learn. In some ways they are like Yemeni people, because they are now beginning to open up to this whole European idea. When I’m with the hijab they will be staring. Then I would look at them, and they would turn around, feeling embarrassed- especially older people. Younger people are more tolerant, and older people are just so curious. They stare because I am different, that does not necessarily mean that they are judging me.”

When referring to her studies in Warsaw, Ghaidaa has one thing to add, “I am studying political sciences, and most of the times, during classes, I find myself constantly trying to defend Middle Eastern countries”

Their future in Yemen

“I really want to be useful to Yemen” Sarah says, “For now, though, everything is uncertain. Even if everything continues to function as always -my friends studying at the university, having exams-  everybody knows that the regime is just trying to show that everything is normal, like nothing has happened. You can’t just go to the University with the fear of the regime bombing you anytime, which they will do. Last time I visited my university before I came here to Warsaw, it was a mess. You would find a tank inside the University.

Ghaidaa also believes that going back wouldn’t be easy, “I really want to go back to Yemen. All my dreams, everything I want to do is in Yemen. But the situation is really difficult. We have no electricity and gas. You can never know what is going to happen next. You cannot make plans for the future. You wake up one morning and there are clashes at the streets. But, let’s imagine I finally return… If so, I would like to create an organization about empowering women. It has already started as an initiative. This project is about empowering women and New Media. Through this program we have trained 200 women in New Media technology. My husband helps tremendously and he has been really supportive. I am really lucky to have such a man. He is a Yemeni and he has really modern views. Currently, we are running another campaign about sexual harassment on the streets of Yemen. Because of my husband’s and my team’s support, I am running the campaign from Poland. We both feel satisfied, because this campaign has generated talks to this serious issue.”

“33 years of corruption cannot be solved in one year.  It takes time. We just have to have patience because things are already changing .Warsaw was reborn from its ashes, and that also took time.” Sarah concludes with a smile full of promise for a better future for Yemen.

Links to Ghaidaa’s campaigning

http://rising.globalvoicesonline.org/?s=yemen

https://www.facebook.com/SafeStreets

 By Maria Sidiropoulou

From inside the Palm of a Revolution: Part III: Interview with Atiaf Alwazir

When Atiaf Alwazir began blogging in 2008, she had no idea it would one day be amongst the voices of her people in Yemen, telling the world about her country at a time when it would be at the brink of an uprising. Being a citizen journalist and blogger, Atiaf is amongst the section of her country that is perhaps amongst the sole sources of information on the events in Yemen. She is sincerely devoted to the cause of being the voice of her people, just as they are on the precipice of an uprising, as the winds of change have blown over the country since early last year. In the course of an exchange of emails, DeltaWomen had the privilege of interviewing Atiaf on the changes in her country and on her blogging endeavours. Atiaf tweets as @womanfromyemen and blogs here.

Atiaf's Blogger Profile carries this picture. 

Your country is on the brink of change. Why did it take a revolution in Tunisia and Egypt to inspire the people of Yemen?

It is important to note however, that today’s Peaceful calls for change are not a new phenomenon in Yemen. In 1962, two months before the military coup, the first peaceful demonstration was held in Sana'a.  I am happy to say that my father was part of that movement. In 2007, the Southern Movement led many peaceful demonstrations calling for reforms which later escalated to calls for separation from the north. In 2008, numerous strikes by port workers, teachers, laborers and professors took place in many cities throughout Yemen.  Activists, journalists and lawyers held continuous demonstrations for the release of political prisoners and detained journalists. Today’s peaceful revolutions are a continuation to these past efforts. What makes this current movement unique is that it is not an elite movement, and it is a youth-led peaceful initiative with mass participation nationwide. It is not just people who are politically oppressed but mainly those who are economically deprived. Previous demands called for reforms, but today’s protests called for an end to the regime. I remember my feeling the first time I chanted: “the people want the end of the regime.” As soon as I uttered these words, I turned around to check who is watching us, but I quickly realized there were hundreds of people shouting the same thing.  It was a liberating feeling to know that fear is now finally broken by all. Like the various coloured tents, the inhabitants of these tents come from very different backgrounds and share one space.

As a girl, and as a blogger based in Yemen, what are some of your biggest challenges? Do you feel threatened by anything?

One main challenge is of being arrested, kidnapped or killed like it happens to our male activists. But the other challenges particular to women are the challenges many women in the country face, the region and the world. Of course the struggle to get our voices heard, to get respect for what we say and do regardless of our gender. Of course as a woman the challenges include social pressure that what we do is not appropriate. Smear campaigns can be held against women for speaking out targeting their reputation, in a society where women’s reputation is sacred.

Sourced from www.elpais.com.

The Egyptian, Libyan and Tunisian revolutions have been described as very much a "youth"-led  revolt and dependent on social media technologies like Facebook and Twitter for its success. Is that quite the same in Yemen? As a young person in Yemen, do you feel there is a difference in the Yemeni situation?

In Yemen, less than 2% of the population are “online”. With that in mind, of course Facebook and twitter were not the cause of the revolution. In my opinion social sites and the internet is never the cause of the revolution, but rather something that helps. People are the true agents of change. This however does not mean that internet has no role. It has a very important role even in a country with low internet penetration. In Yemen social media has been a great help and great tool in spreading awareness to the outside world via twitter especially in light of the fact that mainstream media is not focused on Yemen. Twitter and other social sites have also enabled activists to connect and spread more “independent” news, given that independent media is lacking. Blogger and social media activists have become valuable sources of independent news. Facebook has also helped activists organize through the various Facebook groups, some are secret and some are not.

What do you feel about the West's stance on Yemen? Do you think there is a need for military intervention?

I am strongly against military intervention. There is no one response for how the “west” has responded, as different countries have had different reactions to the revolution in Yemen.  Some European countries such as France have been more supportive and have publicly condemned the violence, while other countries such as the US continue to make confusing remarks and in addition continue to support financially the military dictatorship through military aid.

Seeing how events are panning out in Egypt, do you think Democracy will be fitting for Yemen? Is the walk up to democracy difficult?

Of course it will be fitting for Yemen, as we have a history of pluralism and various political parties.  We have a vibrant civil society, and now a strong mass movement.  What is going to be important is to strengthen the government institutions, which are the keys to a democratic state.  In Yemen, these institutions are very corrupt, and lack the independence they need. In addition, without rule of law, nothing can be implemented.  Strengthening the justice sector is of utmost importance. Of course we will face a very difficult time, and some groups from the opposition who are as corrupt and as undemocratic as the current regime, will most likely lead the country, and hence the revolution will continue for years to come.

By Kirthi Jayakumar