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LEBANON: Broken promises on women’s rights

UN review should focus on increased protection against violence, bias.

 

HRW (04.11.2020) – https://bit.ly/3nfm7BH – Lebanese authorities are falling short of their international legal obligations to protect women and girls from violence and end discrimination against them, Human Rights Watch said today.

 

Human Rights Watch has submitted a report to the United Nations Committee reviewing Lebanon’s compliance with the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is tentatively scheduled for June 2021. The country has not made progress to carry out a number of recommendations from its previous review in 2015, including not creating a unified personal status code that would guarantee equal treatment for all citizens and amending the discriminatory nationality law to ensure that Lebanese women married to non-Lebanese men can pass on their citizenship to their children.

 

“Another five years have passed, and Lebanon has done little to end discrimination against women and girls under its international obligations,” said Aya Majzoub, Lebanon researcher at Human Rights Watch. “Lebanon’s authorities should show that they are serious about women’s rights by coming through on long-overdue reforms before they have to answer to the United Nations again for their failures.”

 

Lebanon has not taken any steps to issue an optional civil code or to reform its 15 religion-based personal status laws and the religious courts that apply them. These courts discriminate against women across the religious spectrum and do not guarantee their basic rights, especially in matters such as divorce, property rights, and responsibility for children after divorce.

 

The authorities have also not reformed the nationality law, which prohibits Lebanese women married to foreigners from passing citizenship to their spouses and children, while men who marry foreign nationals can pass on their citizenship. This prohibition affects almost every aspect of the children’s and spouses’ lives, including legal residency and access to work, education, social services, and health care. It leaves some children at risk of statelessness.

 

Legal protections from domestic violence, sexual assault, and harassment remain inadequate. In August 2017, Lebanon repealed article 522 of the penal code, which allowed rapists to escape punishment by marrying their victims, but left a loophole with regard to offenses relating to sex with children aged 15 to 17, and sex with virgin girls, with promises of marriage.

 

The current domestic violence law defines domestic violence narrowly and fails to specifically criminalize marital rape. Members of parliament have introduced multiple draft laws since 2017 on sexual harassment, but parliament has yet to take any action. A lack of coordination in the government’s response to sex trafficking continues to put women and girls – especially Syrians living in Lebanon – at risk.

 

Human Rights Watch has documented how women and girls, especially trans women, sex workers, refugees, and asylum seekers, have experienced systemic violence from Lebanese authorities, particularly in detention centers. Trans women have described being placed in men’s cells, being denied food and water, and being coerced to confess. Allegations of sexual violence, including rape, against women in custody are common. As an example, Layal al-Kayaje was arrested on September 21, 2015 for “harming the military’s reputation” after she alleged being raped and tortured by two soldiers in military custody in 2013.

 

Lebanon has consistently failed to properly investigate, prosecute, and punish those responsible for torture. In 2016, parliament passed legislation creating a national body, the National Preventive Mechanism Against Torture, to monitor and investigate the use of torture, and in 2017 it adopted a new anti-torture law. The body’s five members were named on March 7, 2019, but the government has still not allocated its funding.

 

Lebanon’s economic crisis, compounded by the Covid-19 pandemic and the port explosion in Beirut on August 4, 2020, has made life worse for marginalized populations, not least for migrant domestic workers, the majority of them women from African and Asian countries. Many have reported increased incidents of abuse by their employers during the lockdown, and at least seven have taken their own lives since March. Migrant domestic workers remain excluded from Lebanon’s labor law protections provided to other workers, and their legal status remains tied to their employer under the kafala (visa sponsorship) system.

 

On October 14, 2020, Lebanon’s State Shura Council, the country’s top administrative court, delivered a sharp blow to migrant domestic workers’ rights when it struck down a new standard unified contract adopted by the Labor Ministry on September 4. The new contract introduced new protections for migrant domestic workers, including vital safeguards against forced labor, and would have been an important first step towards abolishing the abusive kafala system.

 

“For the past year, women from all walks of life have taken to the streets to demand equality and an end to all forms of discrimination,” Majzoub said. “While the authorities have taken some steps, they need to heed calls for systemic change for equality.”

Photo: Lebanese women have long been leaders in the country’s protest movements. Here, women shout slogans and wave the Lebanese flag during a demonstration in down town Beirut on October 19, 2019. © Marwan Naamani/picture-alliance/dpa/AP Images.





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Domestic violence law signals hope for Kuwait’s women

Government should implement legislation, address gaps in protection for victims.

 

By Rothna Begum

 

HRW (29.09.2020) – https://bit.ly/3nnWZtq – This month, after years of activism, Kuwaiti women’s rights activists won a new law establishing protections against domestic violence. The need for this law was underscored on September 9 when Fatima al-Ajmi, aged 35 and pregnant, was shot repeatedly and killed, reportedly by a family member for marrying a man outside of her family’s community. Her killer had reportedly threatened her before.

 

In 2019, I spoke to nine women in Kuwait who described facing abuse from family members and husbands. They said they were either scared to go to the police or were turned away when they did. One hundred and fifty-five countries have legal protections against domestic violence, but until now, Kuwait had no explicit law setting out protection measures against domestic violence, or even shelters they could go to. Some laws, like article 153 in Kuwait’s Penal Code, even provide men with reduced sentences for killings of women found in the act of adultery.

 

On September 20, Kuwait began catching up to the global norm and issued a new Law on Protection from Domestic Violence, after the National Assembly passed it on August 19. The law creates a national committee – with representatives from different ministries and civil society – to draw up policies to combat and protect women from domestic violence. The committee will also submit recommendations to amend or repeal laws that contradict the new domestic violence law. The new legislation also establishes shelters and a hotline to receive domestic violence complaints, provides counseling and legal assistance for victims, and allows for emergency protection orders (restraining orders) to prevent abusers from contacting their victim.

 

However, the new law has serious gaps. While it provides penalties for violating protection orders, it does not set out penalties for domestic violence as a crime on its own. It also does not include former partners or people engaged in relationships outside of wedlock, including those engaged to be married or in unofficial marriages.

 

As the tragic killing of Fatima al-Ajmi has shown, these long-awaited protections are crucial. Kuwait’s real test will be ensuring implementation of its new law, filling remaining protection gaps, and emphasizing prevention, including by repealing discriminatory laws that leave women exposed to deadly violence.





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INDONESIA: Forcing your wife to have sex is rape: Komnas Perempuan

The Jakarta Post (09.07.2019) – https://bit.ly/30tr5iT– In response to a recent case of a man allegedly assaulting his wife for refusing sex, the National Commission on Violence against Women (Komnas Perempuan) has said that forcing your wife to have sex is a form of rape, known as marital rape.

 

Komnas Perempuan commissioner Adriana said that marital rape was also a form of domestic violence.

 

“Domestic abuse means that [the husband] is forcing his wife to do something without her consent. That’s a form of rape or sexual violence against women that in extreme cases could end in death,” Adriana said on Monday as quoted by kompas.com.

 

Marital rape is often overlooked by many parties, including husband and wife, she said, adding that many victims of marital rape opted not to file a report to the police.

 

“Cases like this are often not taken seriously even though it’s important. Unfortunately, many victims don’t consider their husband’s actions to be rape,” Adriana said.

 

Police also tend not to take such cases seriously, and often urge for marital rape cases to be settled personally.

 

The possibility of trauma for children in households where marital rape takes place should also not be ignored.

 

“The trauma for sexual assault is huge for children and the victim. There could be long-term effects for the child, and in the worst case they could emulate the abuser.” Adriana said.

 

Marital rape came under the spotlight after the alleged abuse of a woman, identified only as FZ, by her husband, identified only as AN. AN allegedly attacked FZ with a machete after she refused to have sex with him in their home.

 

FZ is currently being treated at a hospital and is in a stable condition

 

AN has been charged under the 2004 law on the elimination of domestic violence and faces a maximum sentence of five years in prison.


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