Lebanese Women Offered a Toothless New Law

Dalila Mahdawi

BEIRUT, Mar 5 2012 (IPS) – Nour’s husband returned to Lebanon after two years of working abroad a changed person. The man she had loved was distant, cold and uncommunicative. Then, two weeks after his homecoming, he attacked Nour while she slept, raping her with such ferocity that he caused a fissure.

“When he finished I felt something coming out of me,” she says. As she writhed on the floor in agony, her husband looked on in silence. “After an hour he took me to a doctor. The doctor is his friend and refused to examine me. He prescribed me medication for the bleeding, which took three days to stop.”

It took Nour a week to recover but the psychological pain remains. “He killed my spirit, my body and my femininity,” she says quietly.

In an effort to protect women like Nour from abusive partners, a coalition of civil society organisations has spent the last five years drafting a law criminalising mental, physical and sexual abuse. The bill was approved by the Council of Ministers in April 2010 and is expected to be passed by parliament within the coming days. However, campaigners warn that the parliamentary committee tasked with overseeing the law has made so many amendments that they have rendered it useless.

The law, as drafted by the coalition, would have appointed public prosecutors to investigate incidences of violence, established special units within the Lebanese police force to respond to family violence cases, obliged medical personnel to report cases in which they treated women bearing signs of abuse, and empowered women and their children to seek restraining orders against their abusers. For the first time in Lebanese law, it outlined the different types of abuse women face, and designated clear punishments for offenders.

But a committee of eight parliamentarians, only one of whom is a woman, have made a number of radical amendments, removing marital rape, and economic and psychological violence from the bill entirely, and introducing a new article that grants religious bodies priority over civil law to oversee protection.

Leaked committee documents also show that the clause establishing a specialised police force for domestic violence cases was deleted and the bill’s focus on women was watered down to include the elderly, men and children.

In an interview with the Daily Star newspaper in December, committee member Imad Al-Hout hinted at the changes to come by denying the existence of marital rape. “There’s nothing called rape between a husband and a wife. It’s called forcing someone violently to have intercourse,” he was reported as saying.

The amendments have left the law “empty” and its approval would represent a major defeat for women, says Maya al-Ammar of KAFA: Enough Violence and Exploitation, the non-governmental organisation that spearheaded efforts to draft the law. In particular, the removal of marital rape indicated a lack of understanding by the committee about the types of violence experienced by women, says Ammar.

“If they don’t see that rape is rape, then I don’t know how they can study a law related to gender-based violence seriously,” she tells IPS. The coalition has had some dialogue with the committee but its members are reportedly keen to avoid debate until the law passes. Calls to committee members made by IPS went unanswered.

Statistics are difficult to come by in Lebanon, particularly on such a highly stigmatised topic as domestic violence, but a tally of reported death tolls suggests one woman is killed on average each month by a male partner, according to KAFA. Lebanon has a population of four million.

At least one-third of women in Lebanon have experienced some form of gender-based violence, says Dr. Jinan Usta, a family medicine doctor at the American University of Beirut Hospital, and researcher on domestic violence. Considered a private family matter, domestic violence remains shrouded in secrecy, and women face considerable barriers leaving abusive relationships. Women who seek assistance from the police or courts often report being told to return home, meaning few even bother to report abuse.

The amendments made by the committee seem to be aimed at placating Lebanon’s main religious authorities, which have all vigorously opposed the law. As with other issues relating to personal status, Lebanon’s 15 religious courts currently have jurisdiction over cases of domestic violence and are keen to maintain that power.

In June 2011, the country’s top Sunni and Shia bodies rejected the bill as a Western plot to undermine the Arab family. Campaigners, however, find the charge offensive. “Violence is not an Arab tradition,” says Dr. Usta.

Zeina Zaatari, regional director for the Middle East and North Africa at the Global Fund for Women, agrees that religion is being used to cover deep-seated patriarchal attitudes towards women.

“The domestic violence bill presents a form of legal protection for women and children residing in a particular household,” says Zaatari. “I do not see in that any contradiction with Muslim values, unless we are saying that Muslim values support violence against women; or unless we are saying that women are so simple minded and vicious that they would go and appeal to the courts just to spite their husbands. If we value women’s lives, which all faiths should, then we would support a law that protects them.”

The need for a civil law is especially critical as religious courts have demonstrated they are unwilling to assist women facing family violence, says Nadine Mouawad of the grassroots feminist collective Nasawiya, which has been active in lobbying for the adoption of the draft law.

“Across all confessions, the priority of religious courts is to advocate for reconciliation, which often means brushing over the women’s experience of violence. They have been inadequate in offering women shelter, separation rights, financial support, and other important elements of protection.” The amendment to refer cases of domestic violence back to the religious courts therefore “defeats the purpose of the new law,” she says.

Despite the bleak outlook, campaigners have vowed to keep up the pressure on the government in the coming weeks with media campaigns, protests and publicity stunts. If the amended law is approved, says Ammar, it will have “succeeded in silencing the voices of women.”

Nour, meanwhile, had this message for the parliamentary committee: “Where is the family that should be preserved? If the mother is finished, then the whole family is finished and you will simply be the one who contributed to its destruction.”

Family Violence

I miss writing stories about development issues in Lebanon. But, thankfully, other writers are doing so.

Voice of America, for example, just published a story about family violence. The author talks about the efforts of anti-exploitation NGO KAFA to push through a bill on family violence- currently Lebanon has no legislation protecting women (or men) or children from family-based violence.

The reluctance of the state to get involved in what it sees as a “private” affair effectively gives perpetrators of violence the green light to continue terrorising their families with impunity. KAFA, who works on lobbying and directly with survivors of violence, submitted  a draft bill to Parliament sometime ago which would see domestic and family violence criminalized (including marital rape, which is currently not even recognized), introduce a properly trained police unitcourt system to take charge of family violence cases, and oblige perpetrators to pay all legal and medical costs of those they harm. The bill has been gathering dust at Parliament for over a year now, although legislators have expressed (orally at least, though it remains to be seen whether that translates into action) support for a law.

But while Lebanon’s politicians continue to bicker over sectarian issues, their citizens will continue to fall through the legislative cracks. Words of support won’t protect those suffering from abuse- we need KAFA’s family violence law implemented and we need it implemented now.

If you or someone you know in Lebanon wants to talk about domestic violence, call KAFA’s confidential, round-the-clock helpline on 03 018 019.

What do you do if you get attacked?

By Dalila Mahdawi

BEIRUT: When Christelle, 25, was attacked one evening a few years ago, she literally froze with fright.

“I had my earphones in when the guy grabbed me from behind. He tore my bag off and tried to drag me away. I was so shocked by what was happening that I couldn’t react. I could hardly even breathe,” she said.

Unable to find her voice to scream or the strength to physically defend herself, Christelle (not her real name) is certain she would have been raped that night if the noise of an approaching car hadn’t scared off her aggressor. “Now when I look back at what happened I wish I had done something to try and protect myself, instead of acting like a spectator to my own attack,” she said.

Aware that many people do not know how to react when confronted by violence, Senshido International held a workshop in Beirut on Sunday highlighting ways to react to potentially violent situations, de-escalate confrontations and survive violence.

Unlike martial arts, which are often based on elaborate and unfeasible moves, Senshido uses simple strategies to help individuals survive real-life violence, said Georges Fahmy, Senshido International’s director of operations for the greater Middle East and workshop leader.

Proceeds from the high-energy workshop were donated to KAFA: Enough Violence and Exploitation, an NGO dedicated to eradicating gender-based and family violence, child abuse and human trafficking.

Ghida Anani, program coordinator at KAFA, said Senshido appealed to the NGO’s core values. “It’s very related to our work on empowering women, on avoiding and refusing all forms of violence, and at the same time changing the perception of being a victim to that of a survivor,” she said, adding that KAFA hoped to organize free self-defense classes in the future.

No statistics exist in Lebanon about the number of people violently attacked by strangers, but gender and family-based violence is widespread, Anani said.

Violence against women is “the most pervasive yet least-recognized human-rights abuse in the world,” according to the United Nations. One-third of all women have at some point been forced into sex, beaten or otherwise abused, usually by somebody they know, the World Health Organization has said. Domestic violence kills or disables more women than disease, war or car accidents.

Lebanon is no exception, with every woman at the workshop relating experiences of sexual harassment or violence. The Lebanese penal code actually works in the favor of perpetrators of gender-based violence by not recognizing marital rape as a crime and forgiving rapists if they propose to their victims. Furthermore, it remains somewhat of a taboo to talk openly about domestic violence. “As a woman in Lebanon, you should be prepared for anything,” said one participant, Maha.

One of the more gruesome techniques Fahmy taught was “The Shredder,” which involves sticking one’s fingers in the eyes, nose or throat of your attacker. So will the workshop’s participants be putting their newfound skills into practice? “If I need to, yes,” said one woman. “But I hope I never have to.”

KAFA’s around-the-clock helpline is 03 018 019

NGO launches campaign against abuse of women

NGO launches campaign against abuse of women
By Dalila Mahdawi

Wednesday, November 26, 2008

 

BEIRUT: Abeer’s story will resonate with thousands of women in Lebanon and millions around the world. Literally trapped in an abusive marriage for 30 years, she was only able to divorce her husband in 2002 after a law giving women the right to file for divorce came into force in Jordan, where she lived.

Her daughter Nisreen, who lives in Beirut, told The Daily Star that although her mother worked as a school teacher, her husband forbade her from accessing her money. “When we moved, my father took all her savings and bought a house in a very remote area. He sold my mother’s car and every morning would lock her in the house and give the key to the shopkeeper who lived nearby,” Nisreen said.

“I think it goes without saying that my father always used to beat her, too” Nisreen added.

Abeer made repeated attempts to leave her husband, but with no money and three children, she had few options. Nisreen said that every time Abeer tried to leave, her father would threaten to take the children away. All requests Abeer made for a divorce were ignored.

Luckily for Abeer, she had a son from a previous marriage who was able to pay for the education of his half-siblings, something Abeer’s husband had refused to do. “When I finished university, my brother bought our mother a house,” said Nisreen. “Also around that time, the new divorce law came into force, so my mother left my father, went to live in her new home and within three months was granted a divorce.” If it hadn’t been for the introduction of legislation allowing women in Jordan to divorce their husbands with greater ease, Abeer would still be in a violent marriage.

After the divorce, said Nisreen, her father married a 16-year-old Bedouin girl. “When I went to visit my dad, I saw he was doing to her exactly what he used to do to my mom,” she said. “I felt that there was nothing I could do for her except be her friend and give her support.”

Marking the International Day for the Elimination of Violence against Women on Tuesday, both men and women across the world campaigned to bring an end to the horrific experiences suffered by the likes of Abeer. Violence against women is “the most pervasive yet least recognized human rights abuse in the world,” the United Nations Population Fund (UNFPA) has said.

According to the World Health Organization, one-third of all women in the world have been forced into sex, beaten, or otherwise abused, usually by someone known to them, during their life. Most women are more likely to die or be disabled due to domestic violence than from disease, war or car accidents.

In Lebanon, KAFA: Enough Violence and Exploitation, a non-governmental organization (NGO) dedicated to eradicating gender-based violence, child abuse and human trafficking, launched Tuesday the annual “16 Days of Activism against Gender Violence” campaign, along with a number of other NGOs.

During the campaign, which will run until International Human Rights Day on December 10, awareness stalls will be set up at Lebanese universities, shopping malls and supermarkets, and signatures will be collected for a petition calling on the Lebanese government to adopt a family-violence protection bill.

The KAFA-drafted law is needed, said program coordinator Ghida Anani, because “the Lebanese penal code’s view of violence does not take into consideration the intimacy and specificity of family relations.” Lebanese law does not consider marital rape a crime either. “The law we are asking for is preventative,” said Anani. “It would see the establishment of special police stations to deal with family violence, the establishment of a family court, and force the abuser to pay all expenses related to violence, such as medical care,” she added.

The draft law reflected a “huge need” by Lebanese women, said Anani, for legal protection, “considering all the obstacles they face” to escape domestic violence. “Many women suffer from economic dependence, the threat of having their children taken from them and difficulties in obtaining divorce,” she said, adding that most divorce cases in Lebanon were filed “because of abuse.”

Clause 61 of the Ministerial Statement issued in August noted that the government would “work toward implementing Lebanon’s commitment to international conventions and in particular to CEDAW [the UN Convention on the Elimination of All Forms of Discrimination against Women]. It added that the government would “also seek to address all forms of violence against females.”

The clause was “the first time ever that mention has been made of violence against women with an explicit promise for legal reform,” said KAFA. But Lebanon has yet to ratify CEDAW.

In a statement to mark the International Day for the Elimination of Violence against Women, UNFPA Executive Director Thoraya Ahmed Obaid said Tuesday: “We call on people and leaders around the world to join forces to make violence against women history. Let us reaffirm our faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women.”

But with the number of women seeking help from KAFA increasing, the fight to protect women from violence still has a long way to go.

 KAFA’s helpline can be reached on 03 018 019

 ‘A year of missed opportunities’ for migrant workers – human rights watch

BEIRUT: Many migrant and domestic workers continue to face abuse and exploitation in the Middle East and Asia because of a lack of laws protecting their rights, US-based rights group Human Rights Watch (HRW) said on Monday. In a press release issued to mark the International Day for the Elimination of Violence Against Women on Tuesday, HRW said domestic workers have little access to the justice system in the countries where they work, and even when they do complain, “rarely receive redress.”

“Governments need to punish abusive employers through the justice system, and prevent violence by reforming labor and immigration policies that leave these workers at their employers’ mercy,” said the deputy director of HRW’s Women’s Rights division, Nisha Varia.

Hundreds of thousands of African and Asian women work in Lebanon and the Gulf as domestic workers, but most are excluded from the labor laws of those countries. “Employers control a worker’s immigration status and ability to change jobs, and sometimes whether the worker can return home,” said the press release. “Many employers exploit this power to confine domestic workers to the house, withhold pay, and commit other abuses.”

“2008 marked a year of missed opportunities,” said Varia. “While most governments have started to think about some level of reform, many of these discussions have stalled. Providing comprehensive support services to victims of violence, prosecuting abusers, and providing civil remedies are reforms that just can’t wait.”

HRW called for a number of measures to be taken to protect the rights of migrant domestic workers working in the Middle East and Asia, including the abolishment or reform of “immigration-sponsorship policies so that domestic workers’ visas are no longer tied to their employers,” the prosecution of perpetrators of psychological, physical and sexual violence, the creation of support services and legal aid for workers who face abuse, and training for law enforcement officials “on how to respond to domestic workers’ complaints appropriately.”

A HRW report issued in August found that migrants workers in Lebanon were dying at a rate of more than one per week, either as a result of suicide or while trying to escape abusive employers.