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KARAMA - 'Karama’ is the Arabic word for dignity, as well as an initiative fueled by a coalition of  partners as constituencies to build a movement to end violence against women. http://www.el-karama.org/

Women's Rights Following the Arab Revolutions

The Arab revolutions, at their height, imbued citizens across the spectrum—men, women, rich, poor, Christian, Muslims and others—with renewed belief in individual voices and the power to bring about reform. But they also brought, in their aftermath, renewed questions of how women’s rights will be defined in post-transition democracies.

The principle of equal human rights was one that brought citizens from all walks of life together in the streets in protest, however, it was also the first principle attacked as dictators relinquished power to transitory authorities and new governments. Given the rise of conservative parties and traditionalists in the transition, women were among the first to experience a disproportionate level of backlash, just weeks after being welcomed as vital members of the anti-government uprisings for which they demonstrated day after day in the streets.

Across the region, women experienced:

• exclusion from political frameworks and processes: Women were isolated from decision-making mechanisms and marginalized during elections, limiting their participation in priority dialogues and legislation.
• exclusion in the constitution: Women and women’s rights came under attack in new constitutions and amendments. The absence of women from constitutional committees and high-level discussions was echoed in the language of proposed articles, where women’s rights were limited, canceled, or simply left unmentioned.
• violent backlash: From Syria to Sudan to Egypt, women who vocalized and advocated for their progress, advancement, and security—whether in public demonstrations, in partnership with the media, or through advocacy campaigns—dealt with immediate and intense repercussions. From verbal attacks, as experienced by women participating in a women’s day protest in Egypt in March 2012, to brutal beatings and unsubstantiated detainment, women quickly saw the momentum of the movement they were once part of shift against them.

The following is a more in-depth look at the country level at the nature of the uprisings, the aftermath—if the transition phase has been entered—and the ongoing risk posed to women and their rights.

Tunisia

Uprisings: The first noted uprising of the Arab Revolutions, the Tunisian revolution was jumpstarted by individual acts of frustration and public protest of human rights abuses, widespread unemployment, and an overall declining quality of life under former President Zine El Abidine Ben Ali, who ruled for 23 years. One of the key precipitating events was when a Tunisian street vendor set himself on fire in protest of the confiscation of his produce cart by the police in late December. By mid-January, Ben Ali stepped down.

Elections: After several shakeups in the interim government, parliamentary elections were held on October 23, 2011. Islamist party Ennahda won the majority of votes securing 90 out of 217 seats or 41 percent of seats in parliament. The Congress for Republic (CRP), the country’s leading secularist party, won 14 percent of seats or 30 seats and the leftist Ekkatol party won the third most votes with ten percent or 21 seats. ISIE electoral commission secretary-general Boubaker Bethabet said more than 90 percent of approximately 4.1 million citizens who registered ahead of the poll had cast their votes that Sunday, representing at least half of all eligible voters.

Women gained 27.4 percent representation in Tunisia’s post-Ali parliament. Their election was supported in part by a requirement stipulating men and women be fielded in alternating slots on party lists. While it was a slight improvement over past elections, it did not go far enough in moving toward equal representation.

While CRP member Moncef Marzouki was elected President of the interim government, a newly approved set of bylaws places the majority power in the hands of the country’s prime minister. The December 2011 appointed Prime Minister Hamadi Jebali is the Secretary-General of the Ennahda party.

Constitution: In August 2012, the National Constituent Assembly (NCA) unveiled a draft constitution that refers to women as "complementary to men" instead of “equal to” as the 1956 constitution stipulates. Women’s rights activists and supporters reacted in mass protest, calling it a setback from the earlier constitution, which was considered progressive relative to others in the region and with regards to women’s rights. Meanwhile, at the beginning of October, the “state of emergency” was extended for another month, giving extended powers to the police and military.

In mid-October, a National Dialogue Congress convened to resolve questions the NCA has been unable to reach consensus upon including the date of the elections, the type of government Tunisia will have, the electoral law, and the structure of governance for the elections. Approximately fifty political parties and civil society groups came together to reach an agreement on how to move forward. While Tunisia’s president and prime minster were in attendance, their respective political parties boycotted the national dialogue.

Women’s Rights at Risk: Ennahda, which was banned under the former regime, says it has modeled itself on the governing AK party in Turkey, a Muslim-majority country that has remained a secular state. Since their election, they have claimed a commitment to moderation, however women’s rights groups remain worried. In October, women protested to defend a woman who was reportedly raped by two policemen and subsequently charged with “outraging public decency.” Civil society has shared concern that Ennahda has failed to prosecute crimes perpetrated by radical Islamists of which this is not the first instance, but the new prime minister pledges to judge the policemen severely in trial and issued a state apology to the victim.

Meanwhile, the Tunisian government has failed to implement two decrees passed last year guaranteeing press freedom and regulating audiovisual media. The decrees prohibit “restrictions on the freedom to disseminate information” and guarantee “the freedom of audiovisual communication.” However, over the last year, their enactment has been blocked by Ennahda.

Egypt

Uprisings: The movement gained visibility on January 25, 2011, when social media calls-to-action galvanized anti-government protests across Egypt. Key figures included Asmaa Mahfouz, whose Youtube video called for people to join her in Tahrir Square, and Wael Ghonim, whose Facebook page “We are all Khaled Said,” (supporting a young Egyptian who had been tortured by the police) was pivotal in organizing anti-government protests and inspiring revolutionaries. By February 11th, Mubarak stepped down and the military council was organized to run the country’s affairs in the interim.

Elections: The military council delayed elections from September to the end of November. The elections took place over a month and a half period from November 28^th - January 11^th and resulted in the seating of an Islamist majority, with conservative parties winning approximately 73 percent of seats. The Freedom and Justice Party—the Muslim Brotherhood’s political arm—won the most votes, with 47 percent or 235 seats. The ultra conservative Al-Nour party won 24 percent or 121 seats. Meanwhile, the moderate al-Wasat Party won 10 seats or less than two percent of seats in the new assembly.

Of the 503 seats, only eight were gained by women, including four conservatives. This is a direct result of a new electoral law enacted prior to the elections, as it set forth an insulting requirement for each political party to field a minimum of one woman and cancelled a pre-existing quota that guaranteed 60 seats for women.

In June 2012, Egypt held its presidential elections. Results were shared later than expected and deemed the Freedom and Justice Party’s candidate Mohammed Morsy the victor. What followed in the weeks after was a power struggle between SCAF and Morsy, including SCAF’s dissolution of parliament and Morsy’s brief reinstatement of the new assembly. In late September, the supreme court upheld SCAF’s decision to dissolve the assembly.

Constitution: Given a conservative new assembly largely devoid of female representation, women’s rights quickly came under attack within newly elected members’ first few months in power. Members of parliament proposed cancelling the no-fault divorce law (khul) and reversing progressive amendments to the child custody law and early marriage law, among other amendments. Of course, these proposals were viewed as significant setbacks for Egyptian women and were met with outrage and protest.

The Committee of Wise Men, an advisory panel formed during the uprising, included just one woman among its 30 members. There have been no women appointed as governors, no women allowed in the authoritative State Council, and weak female representation in all post-Mubarak governments. In the new constitutional assembly, which was appointed by the now-dissolved parliament, there are only seven women out of 100 members.

A draft constitution leaked in early October showed worrying signs for women’s rights and human rights. For instance, take Article 36 of the draft, which says the state will ensure equality between men and women as long as it does not contradict the rulings of Islamic Sharia and that women will reconcile between their duties toward the family and their work in society. The conditional nature of this equality suggests that women’s rights will not be fully promoted, protected, or supported in the new constitution.

While it was originally estimated that the constitution would be completed and put to a national referendum by November, recent disruptions promise that this will be a much longer process. The current draft is widely disputed, and there continues to be discussion that the assembly itself is not adequate and should be dissolved, particularly as it was appointed by a parliament that currently remains inactive.

Women’s Rights at Risk: As noted above, the new parliament demonstrated early on its intention to reverse women’s hard-won rights. However, things still remain unclear given the absence of an active assembly and continual shakeups in the cabinet. Morsy’s recent pardon of detainees arrested for participating in pro-revolution demonstrations shows some level of cooperation with civil society demands, however, it also suggests that this cooperation is limited in scope.

Women’s rights activists witnessed and experienced violent backlash following the revolution. The infamous case of the “women in the blue bra” demonstrates how far this anti-women sentiment has gone in the past, and what remains at risk. The draft constitution, which proposed decriminalization of early marriage and female genital mutation and failed to fully criminalize trafficking, underrepresented women’s priorities and failed to advocate for and guarantee their equal rights.

Morocco

Uprisings: Moroccans, like many in the region, felt the impact of the wave of revolutions and were inspired to challenge authorities on certain issues of freedom. They employed social media, beginning a "February 20" movement with demands including constitutional reforms, the dissolution of existing parliament, the creation of a temporary transitional government, and greater accountability for elected officials. Like the other uprisings in the region, this movement marked men and women from different political leanings, economic and religious backgrounds, and different professions coming together in a fight for democracy, for an end to corruption and repression, and for improved everyday living conditions.

Elections: In response to the protests, Morocco held its first popular election in November 2012. The national Istiqlal party gained the second-most votes and earned 60 seats. The Interior Ministry reported that 45 percent of eligible voters participated. Islamist Justice and Development party (PJD) members won the majority of seats with 107 out of 395 seats. The PJD party also took the majority of cabinet posts—12 out of 31—including the post of prime minister.

Sixty-seven women were elected to parliament, including 18 members of the PJD.

Constitution: King Mohammed VI proposed amendments to the constitution that were approved by a July 2011 referendum. Included among them were clauses to keep him as the highest religious authority in the country as well as retain his position as the supreme commander of the army. The prime minister under the constitution is considered “head of government” and it is ensured in the new constitution that the prime minister must come from the popularly elected party and cannot be chosen by the king. The prime minister also has the power to choose and dismiss members of parliament.

In the new constitution, the King continued to demonstrate commitment to progressive laws on women’s rights including Article 19, which makes men and women equal citizens under the law by granting them equal social, economic, political, environmental, and civil rights. The new constitution also addresses the supremacy of international gender laws over national ones, a component that could lead to policy that lifts Morocco’s reservation to CEDAW, particularly Article 16 which relates to the discrimination inherent to family law. The reforms also increased the number of seats reserved for women from 30 out of 325 to 60 out of 395 in 2011.

Women’s rights at risk: When Prime Minister Benikrane announced the composition of the cabinet, he only named one woman minister, whereas in previous cabinets, there have been up to seven female members out of the 30 who make up the body. Bassima al-Hakkaoui, a member of the PJD, was named Minister of Solidarity, Women, Family and Social Development, which is the ministry with the smallest budget and the least political clout. She has spoken up against CEDAW’s Article 16, calling it incongruous with the Muslim state, and shared she does not believe in instituting quotas for women’s political participation.

The constitutional reforms still fall short and women worry that with the PJD party in place, hard-won rights will be threatened and/or repealed.

Libya

Uprisings: Libyans planned a day of rage for February 17, 2011, but protests began even before then in Benghazi. Soon, the conflict turned into an all-out armed conflict between forces supporting Muammar Gaddafi, who ruled for 42 years, and opposition groups and protesters. As violence escalated, the UN got involved, freezing Gaddafi and his inner circles’ assets and demanding a ceasefire in response to violent attacks by the state against the Libyan people. During the uprisings, the United Nations recognized the National Transitional Council as the official ruling body of Libya.

In the fall of 2011, the opposition gained important ground, taking control of Tripoli and Gaddafi’s home city of Sirte. Gaddafi was killed as a result of the conflict, ending his rule in late October 2011. While Libya marks a year without Gaddafi this month, violence continues and several cities remain under attack, including, recently, the town of Bani Walid.

Elections: The NTC served as the interim government for about ten months, arranging elections for July 2012 and transferring power in August. On July 7th, 62 percent of Libyans turned out for the elections, with over 1.7 million ballots cast and 3,700 candidates, including 624 women, running for seats.

The Libyan parliamentary elections separated the nation from the earlier examples of Tunisia and Egypt. The centrist National Forces Alliance (NFA) won the majority of votes with 41 seats, while the Muslim Brotherhood’s Justice and Construction party won only 17 seats. One hundred and twenty seats were reserved for independents, however, making future policy challenges and trends difficult to predict.

Of the total 200 seats, women won 33 seats or approximately 16.5 percent of the seats in the new assembly. An alternate electoral law requiring a horizontal and vertical zipper list structure ensured women were fielded in alternating slots on each party list in both bottom and top positions and helped guarantee women’s representation in the new assembly.

In September, the NFA’s candidate for prime minister was defeated by Mustafa Abushagur, the outgoing deputy prime minister. Abushagur’s cabinet list included zero representatives from the popularly elected NFA and several members from the outgoing NTC and was ultimately rejected.  This led to an upheaval that returned Libyans to the search for a prime minister. Since then, Abushagur has been unseated by a vote of no confidence and Ali Zidan has been elected as his replacement.

Constitution: A 60-person committee will be tasked with drafting the new constitution. Originally these members were to be appointed, but the NTC amended the declaration stating that the members would be elected instead. It remains unclear which option will prevail, and under what timeline. The original idea was to draft the new constitution within 60 days of the committee’s convening, but civil society and other groups are pushing to extend the timeline.

Women’s advocacy groups are lobbying for equal-protection clauses and for the right to pass citizenship to their children and claim equal inheritance benefits to male relatives. There is also ongoing debate as to how the relationship between state and religion will be described in the new constitution. It was agreed earlier that the Islamic law school should be mentioned as at least one of the sources of law in the constitution, but it is not clear the extent to which members of the committee will deploy interpretations of Islamic principles to other constitutional features.

Women’s rights at Risk: While Libya had several progressive laws in place prior to the uprisings, in practice, they often went unenforced and women faced discrimination, violence, and isolation at home, in the workplace, and in every day public life. During the armed conflict in Libya, women shared reports of rape and assault by Gaddafi’s troops.

After Gaddafi was killed, NTC-head Mustafa Abdel Jalil declared that a Gaddafi-era law doing away with men’s right to take multiple wives would be canceled, clearing the way for unrestricted polygamy. His rationale was sharia law. Later, during the handover ceremony, Jalil told host Sarah Elmesallati to leave the stage after a congressman walked out in reaction to her head not being covered. She refused to cover her head and was replaced by a male host for the remainder of the ceremony. Such pressure from Islamist and traditionalist factions has the potential to limit women’s participation in politics and public life, and to control their public and private behavior.

Syria

Uprisings: The situation in Syria differs from those described above as it is ongoing. With each subsequent day of violence, there is an increased risk that this conflict will evolve into an all-out civil war. The uprising initially gained ground in March 2011 in the southern city of Deraa following the arrest and torture of teenagers who painted revolutionary slogans on a school wall and a resulting situation where security forces opened fire on demonstrators. From this grew a nationwide demonstration of unrest, fueling larger demands such as the resignation of President Bashar Al-Assad. Since then, thousands of civilians have been killed by the state, many fleeing to neighboring countries, or being internally displaced due to the crisis. Despite attempts at both UN intervention and negotiation of a ceasefire, the conflict continues.

Armed conflict and women: There are over 35,000 Syrian refugees as a result of the conflict in Syria, and an estimated 1.5 million internally displaced persons. Attacks on local Syrian communities have reportedly targeted children and women. For example, in August, a 108-person massacre in the town of Houla included 49 children under the age of ten. Moreoever, mounting evidence supports allegations that Syrian forces have been using rape and sexual assault to terrify and punish rebels.

Human rights group Women Under Siege documented 81 instances of sexual assault in Syria from March 2011 to August 2012. Soldiers who defected from pro-government forces have reported a culture promoting such violence, including commands from superior officers that, if defied, could result in violent punishment initiated against the disobedient soldier. Women and girl refugees have reported sexual assault and rape as the leading reason for fleeing, and girls have faced a heightened risk of early marriage due to the dire financial situations their families are facing.

At the same time, cultural and social taboos in Syria have caused isolation and marginalization for rape victims, who are scared to report incidents for fear of bringing shame to their families and further violence or isolation upon themselves.

Yemen

Uprisings: The Yemeni people initially organized protests to show their frustration with poor economic conditions and corruption. However, this soon escalated into calls for then Yemeni President Ali Abdullah Saleh—who held power for 33 years—to resign. Initially, Saleh promised not to run for reelection or pass power to his son, however, this was not enough to appease the people. While transition deals were proposed over the course of several months, none were ever full agreed upon or implemented. In November 2011, Saleh finally agreed to step down and transfer power to his vice-president.

Elections: On February 22, 2012, Yemenis held a presidential election with Saleh’s vice-president Abdurabu Mansur Hadi as the only candidate on the ballot. A National Dialogue is slated for November, based on the Gulf Initiative and UN-backed power transfer agreement with Saleh. It is seen by many as a critical phase (scheduled for a six-month period) where all parties will come together to agree on a new constitution and on presidential and parliamentary elections.

However, already groups—including the South Sudan movement—have expressed their disappointment with or intent to boycott the conference. Without all parties participating, the conference’s ability to successfully build consensus on fundamental issue areas regarding Yemen’s path forward will be in jeopardy.

Women’s rights at risk: During the uprisings, Saleh issued a declaration calling women’s behavior—protesting and sleeping in tents alongside men in Change Square—anti-Islamic. While there are already lobbies for women’s increased role in state agencies—for instance a reported proposal of adding language to the new constitution to require a 30 percent quota for women by Yemen’s National Women’s Conference—the road to enacting such proposals remains long and full of challenges.

Moreoever, the ongoing violence continues to pose difficulty for women, isolating them from vital healthcare, such as hospital support for pregnant women.

Sudan and South Sudan

Uprisings: In early June 2012, a group of female students from Khartoum incited protests that spread through the country over the next several weeks. Initially sparked by government austerity measures and high prices, the demonstrations were propelled by broader demands for dignity, equality, and human rights that continue to be restricted and violated every day in Sudan. Social media played a large role, as it did during the other uprisings in the region, as Sudanese men and women from all walks of life—lawyers, doctors, activists, students, mothers, youth, and others—not only took to the streets, but used blogs, Twitter, and Facebook to spread the hashtag #SudanRevolt and everything it encompassed.

In 2011, Southern Sudan declared its independence from Sudan. The UN estimates that 700,000 people remain displaced in Khartoum, with issues of their citizenship following the cessation of Southern Sudan from the rest of the nation unresolved. Late in September, the presidents of Sudan and South Sudan signed a cooperation agreement with pledges to demilitarize the border, however, the matter of Abyei, a contested border area, as well as other territories has not been settled and remains an issue that could quickly erupt into violence if tensions escalate.

Women’s rights at risk: Women have braved the front lines, speaking out at the risk of detention, isolation, and assault with regard to nationwide problems, but also in opposition to pervasive gender violence and discrimination.

But the cost of speaking out has been high, especially for women. At the end of July, a seventeen-year-old high school student was shot in the head by police in South Darfur for protesting alongside hundreds of others against an increase in transportation fees that meant it would be unfeasible for them to continue attending school. In June, female protesters reported that security members and male police officers unzipped their pants in front of them on the street. Others shared reports of verbal abuse and intimidation tactics.

Sudanese women have been working under the radar, building constituencies and establishing linkage between activist groups, engaging political parties and youth leaders to develop avenues of influence to lobby for reform. This work has become increasingly dangerous following calls for a “100 percent Islamic constitution” and vocal opposition by the Sudanese government who referred to this work as “destruction of the community.”

Sexual violence, in particular, continues not only as a “weapon of war,” but an epidemic of gender-based discrimination that Sudanese women have long struggled with. Thousands of Darfuri women have been raped over the last decade and even in IDP camps, women fail to be protected by government and security forces. Women detainees, have also reported cases of rape during their time in jail.

Priorities and Recommendations

Coalition-building and strengthening of Civil Society

Many local activists lack the experience and tradition of working together across geographic lines, academic backgrounds, and different sectors. At this point, it is important to rebuild society—in areas where it has been suppressed, such as Syria—and strengthen existing coalitions—for instance, in Egypt, where civil society has already established connection and launched successful collaborations.

For example, Karama has worked with partners in Libya to build connections, foster understanding, and identify shared priorities as the basis for short and long-term action plans. The Libyan Women’s Platform for Peace identified women’s political participation as a key issue area in the transition and lobbied for the NTC to adopt an alternate electoral law ahead of the first post-Gaddafi parliamentary elections, ensuring a place for women decision-makers in the new assembly.

There is also a need to continue engaging diverse constituencies in dialogue on the shared priorities and plans, as well as to continue fostering understanding between diverse groups of stakeholders. Emerging from the revolutions were youth activists who showed leadership and determination in advocating for equal rights and improved conditions. Bridging the gap of understanding and fostering dialogue and exchange between youth and veteran activists will diversify strategies, broaden community support and awareness, and strengthen existing coalitions on women’s rights.

Constitution and Women’s Political Participation

As new governments get underway, the pressing concern for women will be new constitutions and how their articles detract from or reinforce their place in society. Lobbies and campaigns for women’s inclusion in government and in core committees and panels must continue to ensure women’s demands are heard. This can be achieved through both direct representation and through specific language in new constitutions that will set the tone for how women are engaged and supported across sectors, and how they are protected under new and existing laws.

From strategic communications training to help activists hone their messages and distribute them to consultations with international experts on constitutional language and precedent for women, Karama has been working with national coordinators and through regional conferences to build the capacity of activists, politicians, and community leaders to participate in the core dialogues and ensure that their recommendations are clear and produce intended results for women’s full and equal participation in society, including in decision-making mechanisms.

Women’s Inclusion in Reconciliation and Peacebuilding

Women reportedly bear a disproportionate amount of the burden of armed conflict and war, however, they are underrepresented in post-conflict peacemaking, peacekeeping, and decision-making.

In the region, areas such as Syria and Sudan have endured long-term, volatile conflicts. Women have reported sexual violence committed during the conflict, but also at border crossings and refugee camps that should be protected by the forces charged with securing these areas. A greater presence of women in primary peacekeeping and peacebuilding roles will allow women victims of violence better access to support and rehabilitation mechanisms by pairing them with women peacekeepers, who they are more comfortable with and trusting of. Women decision-makers are also important in peace and reconciliation discussions and disarmament negotiations as they can provide insights on and emphasize priorities for women in the post-conflict nation.

Karama is engaged with several programs this year focusing on women, peace, and security, including a regional conference planned for the end of 2012 aimed at launching a regional strategy on women, peace, and security and accelerating implementation of UN SCRs 1325 and 1820. This will also be a priority topic in national dialogues and seminars we will convene.