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Public
Hearings 1995 and 1998
Prior to the establishment of the Court, and upon the initiative of
the El-Taller organization, a group of Arab NGOs referred to as
the Arab Women Court held a public hearing on June 29th and 30th 1995.
At this hearing, 33 live testimonies of women coming from 14 different
Arab countries were heard. The testimonies reported great pain and
suffering and focused on the various types of social and legal crimes
as well as the erroneously so-called "honor crimes".  During
its first year of existence and building on the field experience of
its members, the Women's Court: The Permanent Arab Court To Resist
Violence Against Women realized the necessity of raising awareness on
the personal status codes existing in the Arab counties in order to
reveal to the public the injustice that these codes are inflicting on
women. In fact, the personal status observed at both the legislative
and applied levels in most Arab countries is one of the most important
mechanisms for subjugating and oppressing women within the framework
of gender social relations within the family. The Court decided to
dedicate its second public hearing (held in Beirut, Lebanon on March
15th to 17th 1998) on these laws and to focus on four major issues:
Marriage, Divorce, Custody and Alimony, and Inheritance.
Testimonies
1995
"
I do not recall the day of my excision, said Fatima
from Mauritania, but what has remained engraved in my memory is the
agony and affliction I began to feel when I grew up and became aware
of the horror inflected on my body . At the age of ten, I was taken to
where a group of us, 8 to 10 years old, were awakened everyday at 5
a.m. and placed before jugs containing one liter of milk each. The
exercise was to have each one of us drink, under tight control,
between 30 and 40 liters of milk daily. If anyone of us threw up
she
would be forced to drink the amount she had vomited. I shall never
forget the case of a friend of mine who drank herself to death.
Frightened by her death, I became more obedient and soon, grew into
one of the fattest girls of the group. By
the following winter the second phase of the fattening process began
In
our society, fat means beautiful and the purpose is to turn the young
girl into a docile creature ready for the marriage imposed upon her.
The third and more damaging kind of violence was forced marriage; I
was given to marriage to a man much older than me, a marriage which
led to divorce leaving me with children that I
love ."
"My
name is Souad, a survivor of Sabra and Shatila massacre in
Palestinian camps, in 1982, when Israel invaded Beirut. On
Thursday, 17 September 1982 at 5 a.m., 13 soldiers backed by Israel,
broke into our home. I was then sixteen. My youngest sister (hardly a
year and a half old) was the first to die from a shot in her head,
crying "mamma"
I was raped by three of them, one after
the other
They
returned again the day after and sneered at me. As they heard words of
depreciation I could not withhold, they shot me, point black, in the
breast and head. I
did not die but fell unconscious and lost the ability to move until
the third day, when I was shaken into consciousness by a voice from
outside
My
condition has not changed since the massacre. I became a cripple
condemned to a wheelchair. I fear nothing and desire nothing than
ultimate victory and the end of this painful drama."
Statement
of Justice 1995
After
listening to the live testimonies and careful review and deliberation,
the panel of judges at the public hearing issued the following
verdict: The
Tribunal condemns the cultural concepts, values and regimes which deny
the humanity and rights of women.
The Tribunal believes that the unconditional joining by the
Arab states to the international treaty to eliminate all kinds of
discrimination against women, will strengthen the standing of the Arab
women, preserve their rights, ensure equality, and help to eliminate
the phenomena of violence .
The
Tribunal notices that the majority of laws implemented in the Arab
states fall short in achieving equality and justice for women and fail
to conform with the principles of a democratic society. The
Tribunal believes that achieving justice requires wide range legal and
procedural reforms including among others the personal status code,
the laws organizing employment, citizenship, criminal law and social
security.
The Tribunal considers killing and
harming individuals under the pretext of defending honor a crime
punishable by law and no special clause should be included to ease the
punishment.
The Tribunal condemns all forms of
traditional practices containing discrimination or violence against
women, especially excision, and considers these practices a crime.
The Tribunal believes that Israeli
occupation of the Arab land is a continuous violation of international
law, human rights, and UN Security Council resolutions. The Israeli
occupation is a major cause for the continuation of political violence
against the peoples of the region, in particular women. Furthermore
and in accordance with the Geneva accords, the Tribunal calls on
releasing the illegally held prisoners in Israeli jails.
The Tribunal calls for joint efforts
to be undertaken by all those who believe in human rights in order to
stop violence against women.
Statement
of Rights 1995
We,
the women participating in the Arab Woman Court, held in Beirut,
between June 28th and 30th 1995, as testifiers and audience to these
live testimonies commit ourselves and raise our voices pledging the
rejection of all forms of violence practiced against women.
We reject violence because it
is an abuse of women's rights, because it violates women's human
dignity and because it is the worst of all forms of discrimination
against them; We
pledge to cut the strings of silence which covers such violence and to
put a hand of solidarity into the hands of all those who help us in
our fight throughout the world, especially in the third world. We
reject all forms of violence and will fight them at the local and
international levels, no matter how well it may be disguised and how
justified others might claim.
We reject violence regardless of how
it is categorized - political, economical ,or social.
We reject violence whomever the entity
carrying it out against us may be - father, brother, husband,son,
governor, foreign elements, or any entity of the new world order;
whether it is signed by states, religious institutions, local,
regional or international bodies.
We reject all forms of violence in
circumstances of war or peace.
We reject all forms of violence no
matter what it is called or how it is justified.
We reject all forms of violence whether it is directed at
individuals women or organized groups, whether the act itself be legal
or illegal, individual or affecting groups.
Testimonies
1998
Rania,
a 23 old Jordanian women university graduate, was forced by her
parents to marry her cousin. She had no option but to flee from her
parental home two weeks before the wedding day. She did so only after
all methods used to express her rejection - persuasion and even
resorting to suicide - failed to bear fruit. The
result was the murder of Rania in a primitive, brutal manner just
because she sought her right to free choice as guaranteed by all
religious laws. The
lovely brunette was an educated young women who spoke in a convincing
manner. When she contacted the people in charge in the "People's
Talk" program on Jordan's television, they gave her the pseudonym
of Haneen to help her broadcast her messages to her parents. In those
letters, Rania/Haneen expressed her deep love for her parents. Her
maternal aunt - who appeared later to have planned to get rid of her
niece - started to send messages to the T.V program, claiming that
Rania had been forgiven and begging her on air to come back home. In
one of these messages, the father talked beseechingly to his own
daughter; "come back, come back, my dear daughter." Two
weeks later, Rania was shot dead murdered because she decided to
escape, and refused to marry her cousin. The executioner of the
crime - planned by the father and his kinsmen - was Rania's younger
brother who is no older than fifteen years (being a minor protects him
from severe sentencing.) Yet
another victim of outdated tribal customs!
"I
got married at the age of eighteen, said Z.B from Syria.
My husband deprived me of the opportunity to continue my university
studies, and forced me to serve his mother
He started to beat me
to severe bleeding
He
then drove me out of my house with no clothes and no money
My
husband started to drink heavily and womanizing to the extent that he
started to get some women into our own apartment. He
kept insisting on the need to give birth to a son. As soon as I had
given birth to our son, his attitude worsened. He prohibited me from
going out of the house
Beating and abuse were no longer confined
to our home. He began to torture me while starving my kids and myself.
He began to threaten me of throwing me out of the house. One night, he
severely beat me, I tried to commit suicide but was saved by my
parents. The
Court did not rule that I get an alimony, because my husband claimed
to be poor
When my eldest daughter reached the end of her nurture
age, my husband
took her and started setting her against me. She now considers me
repulsive and refuses to see me. Lately my husband took my other
children. but two days later, he sent our young son home and said: "I
will take him back when he grows up." He
denies me any chance to see my daughters. I'm raising my son without
any alimony and without being divorced, while expecting his father to
take him away from me".
If you
would like to share your experience, e-mail us at :
testify@arabwomencourt.org
Statement
of Justice 1998
After
listening to numerous live testimonies, the judges at the public
hearing recommended the following: Drafting
a uniform domestic civil law dealing with the personal status codes
that is based on the respect of the human rights whereby all citizens
would be treated in a non-discriminatory manner.
Prompting each Arab country to join
and abide by the international human rights conventions including the
international convention for the elimination of all forms of
discrimination against women (especially article 16 bearing on
prejudices within families).
Working for the amendment of the codes
enforced in the respective Arab countries to suit the provisions of
the international conventions already agreed on and signed by the
respective Arab nations.
Setting up institutions specialized with the purpose of
looking after the victims of domestic violence, counseling, guidance
and essential services tending for legal and judicial help.
Reforming judicial procedures related
to domestic issues such as shortening the interval of the trials and
speeding up the implementation of the judicial verdicts; reducing the
court expenses, and calling on social experts aid.
Establishing a governmental fund that
would disburse the divorce allowance to separated and divorced women.
Emphasizing
the necessity of the independence and immunity of the jurisdiction,
eliminating the exclusive and private courts. Courts must be equipped
with capable personnel and staffed with women lawyers and judges.
Besides, a special department for appeal must be established in quest
for an amicable
settlement .
Educating the public over basic human
rights and relevant legal knowledge only to be included in the school
civic education curriculum.
The
Court also perceives that the elimination of violence and
discrimination in all its forms requires the unity of the efforts of
the non-governmental organizations (NGOs) with the various sections
and forces concerned with the progression of society. This could take
place in the frame of a broad and efficient Arab movement to exercise
pressure in different directions to effect the indispensable change
towards reinforcing the rights of the Arab citizen, whether man or
woman, and enabling him to be his own decision maker to achieve his
objectives.
Statement
of Rights 1998
We,
the Arab women participating in the Arab Women's Court held in Beirut
from the 15th to the 17th of March 1998, have taken upon ourselves
since 1995 to struggle for complete equity before the law. Our
struggle is part and parcel of the international conventions,
especially the international declaration of human rights and the
convention of eliminating all forms of violence against women. We end
our 2nd Arab public hearing with the following Statement of Rights:
We
request that Arab governments fully abide by the Convention of
Eliminating all forms of Discrimination Against Women (CEDAW).
We call
for an equitable civil status law that would guarantee the freedom of
getting married and the right to end the marriage.
Wdemand
the prohibition of polygamy as it it is a form of violence against
women. We
demand that physical, psychological, and sexual violence, undeclared
divorce (separation), and arbitrary divorce be categorized
as crimes punishable by law.
In
case of divorce, we call for an equal distribution of wealth and
property and for sharing the cost of child support (when women is
employed), otherwise the father ought to bear the total cost. We
demand equal access to the children, allowing the child to choose his
or her guardian. Despite
their major role in the economy, women are not equally treated when it
comes to inheritance and still impeded by the prevailing norms and
mentality. Therefore, we request that all obstacles, be it legal or
traditional, be removed immediately.
Sketches
by : Amal Ftouni. Calligraphy
by: Nja Mahdauoi.
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