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WHO’s Gender and
Women Health Department has produced a poster which presents, in simple
and effective graphic form, some of the central facts about violence
against women, along with the message that such violence can be stopped.
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 The second Shadow Report on the implementation level of the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), ratified by Yemen in 1984, was out to reveal persisting
discriminative legislations, policies, procedures and practices against
Yemeni Women.
The Shadow Report was initiated and coordinated by the Sisters Arab Forums
for Human Rights (SAF) and sponsored by the UNDP. It comes as an effort by
the civil society to tackle the issues that the sixth National Report
published six months earlier and prepared by the Woman National Committee
(WNC) failed to address. Both reports are to be presented at the 41th Session
of CEDAW Committee in Geneva for 2008.
Whilst the Shadow Report focused on the legislative measures that should be
taken under serious considerations, the National Report focused on the
legislative measures that have been achieved, highlighting 6 laws that have
been amended and the 15 laws that the WNC are working on amending. Both
reports touch upon some of the discriminatory provisions in the Yemeni
Legislations which do not promote gender equality. For example, the Crimes
and Penalty Code Law, the Citizenship Law, the Personal Status Law, and the
Labor Law. However, both reports reveal that no amendments have been approved
since 2005 to alter any of the discriminatory Yemeni legislative provisions.
Furthermore, the Shadow Report illustrated the gap existing between the law
and its enforcement referring to issues such as the inability of women to
obtain personal identity cards or passports without their guardian’s consent.
Additionally, practices to deprive women especially in rural areas from their
rights in inheritance. Furthermore, the miserable status of pregnant
imprisoned women regardless to Law No.(26) for organizing prisons, as well
as, article (27) to take care of pregnant imprisoned women.
It is also worth mentioning that the Shadow Report has highlighted an
important point in relation to the Crimes and Penal Code Law No.(12) for
1994, Article (232), as it mitigates the penalty on a man who kills his wife
if he finds her in adultery situation. The Report also notes the WNC’s
proposed amendment to add a text to mitigate penalty on women who commit the
same crime. However, the report indicates that both the law and amendment
contradicts the Sharia’a (Islamic Law) itself. As the Sharia’a requires the
man to prove the claim by providing four witnesses, otherwise to practice
Lia’an rituals (swearing to Allah 4 times that he’s telling the truth and on
the fifth time he calls upon Allah curse on him if he’s telling lies. The
wife also follows the same practice and on the fifth she calls upon Allah
wrath on her if she’s telling lies).
Both reports reflect on the gender gap that exists in education, political
participation, economic participation, and health. However, the Shadow Report
revealed new forms of violence against women referring to press violence. It
reported on quasi official newspapers such as Al-Dostour, Al-Bilad, and
Akhbar Al-Yum, publishing slander articles against female journalists and
civil society activists to defame their honor and provoke traditionalist
against them. The report shed light on some females who were attacked by such
slander articles like Ms Rashida Al-Qaili, Ms Samia Al-Aghbari, Ms Mahasin
Al-Hawati, and Ms Rahma Hugairah.
Another form of violence that the Shadow Report highlights is the accusation
of infidelity and apostasy. The report indicated that such violence is a form
of cultural violence that provokes the community against female activists and
journalists and call for their execution. The report referred to what
happened with journalist Ms Nagla Al-Amri, and with human rights activist Ms
Amal Al-Basha, when Akhbar Al-Yum Newspaper issued on 17th March 2007
published a quotation of an official in Al-Eman University accusing Ms
Al-Basha of infidelity and apostasy against Islam.
Violence in the form of illegal detention and torture was also highlighted in
the report, referring to what happened to Ms Anisah Al-Shuaibi who was
detained along with her 6 years old son and 9 years old niece on the
accusation of murdering her ex-husband. In addition to what happened to Ms
Intisal Al-Siani who was arrested due to claims of involvement in terrorism
acts. Along with Ms Basma Al-Zagheer who was accused of taking drugs and
killing her parents. Moreover, what happened to Hanan Al-Wadee, who was
abducted by security personnel from the street and sent to the central jail,
under the allegations of entering Iran Embassy in Sana’a.
The Report also shed light onto the violence against female candidates in
elections. Violations were reported in terms of slanders and defamation to
their honor, tearing their elections campaign posters and pictures, threats
to be dismissed or denied promotions at the workplace, influencing voters
with misinterpreted Islamic teachings, and even pressuring and discouraging
them by their own political parties to give pace to their male counterparts
to run for the elections. The report referred to the suffering of a female
candidate during the parliamentarian elections in 2003, in Ibb governorate,
constituency (199). As she was forced to withdraw after being threatened with
a fake marriage contract to a husband she never knew and spreading rumors
that she is illegally married to four husbands.
Furthermore, street violence was also identified as one form that Yemeni
Women suffer from in terms of verbal abuses, deliberate physical contact and
even abduction crimes. Additionally, violence against marginalized women was
described to be double as they suffer in all social, economical, political
and cultural levels.
The Shadow Report urged to establishing a law to incriminate violence against
women in all its forms. Additionally, it was recommended that an amendment is
needed to articulate some vague texts such as the meaning of a shameful act
in Article (273) in the Crimes and Penalty Code Law. As it opens the doors
for interpreting a shameful act and so what is considered shameful in one
area could not be considered as shameful in the other. For example, an Oxfam
GB program, implemented by WNC, revealed that many women were imprisoned
because they got married without their father’s consent or acknowledgment or
escaped to get married to men of their choice. Many of those women were
imprisoned on accounts of committing adultery crimes or for perpetuating
shameful acts.
The Shadow Report also called upon adapting a quota system of 30% in elected
and appointed councils, as well as executive posts such as deputy ministers,
section directors, councils, cultural attaches and in the parliament and
Shoura Council secretariats. Something that the WNC is incorporating as an
objective in the National Strategy for Women Development set by the WNC.
Most importantly the Shadow Report called upon amending the Yemeni
legislative provisions according to enlightened Islamic interpretations. For
instance, the report recommended amending the Personal Status Law to allow
women to travel without the requiring the company of a mahram (male
guardian). Additionally, the report called upon accepting the testimony of
two women as a requirement to obtain the Personal Identity Cards; as
following the Islamic Law, the testimony of two men or one man and two women
is accepted.
Amal Al-Basha, Copy-Editor of the Shadow Report commented that the CEDAW Committee
has urged the different states to publish a parallel or shadow report to
ensure transparency. She also indicated that the CEDAW Committee met 3
members of the working team of the Shadow Report recently and were pleased
with the outcomes. She also stated that Yemen ratified the CEDAW without any
preservations and not amending the Yemeni Legislative Provisions that are not
based on enlightened Islamic interpretation is unacceptable.
Hooria Mashour Editor of the National Report and Vice Chairperson of WNC
commented to Yemen Times: “the government signed and approved the CEDAW in
May 1984. Additionally, article No (6) of the Yemeni Constitution indicates
Yemen’s commitment to international agreements and conventions. The CEDAW
consists of 30 articles that the accepting states are committed to achieve.
Mainly the Convention aims at creating equality between men and women in the
legal, political, economical, social and cultural levels”. She further added
that one of the articles obligates the declaring states to submit regular
reports at least every four years that shows the implementation level of the
CEDAW. Mashour elaborated that the WNC is the government’s main mechanism
that is concerned with women’s issues. She further added, that Yemen has
submitted previously two reports to the CEDAW Committee in August 2002.
Mashour also stated that “We have followed the standards set by the CEDAW
committee when preparing the 6th Report. The Report shows the improvements
and progress in many areas that our country achieved in relations to the
lives of women at all levels, as well as, to the challenges and difficulties
that constraint the complete application of the CEDAW articles”. She further
indicated that the WNC have invited all related bodies on the national (central)
and local level to participate in the preparation of this report through
direct involvement as a team member or by providing information on the
situation of women. She added “the civil society was represented by the
Yemeni Women Union in the Report Preparation Team. We were careful in
preparing this Report by being transparent and objective, however, other
civil society organizations that they have the right to prepare a Shadow
Report that covers the areas that were not addressed in the National Report
and this is normal and it applies to all international Conventions. It also
enhances the democratic principals through active participation of the civil
society organizations to follow-up, monitor, and evaluate the performance of
the government bodies”.
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