The Middle East: Islamic Law and Peace
Summary of and Recommendations Based on the Roundtable
on Arab Women and the Future of the Middle East
April 14, 2005
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Dear Reader:
On April 14, 2005, the National Committee on American
Foreign Policy (NCAFP) convened its fifth closed-door and off-the-record
roundtable on the Middle East. This time the subject of Arab
Women and the Future of the Middle East was discussed.
The first roundtable of Muslim scholars, former diplomats,
and area-specialist journalists addressed the question Can
Muslims Accept Israel in Their Midst? (May 9, 2001); the second
examined the issue of Militant Islamic Fundamentalism in the
21 st Century (January 10, 2002); the third analyzed the problem
of Reform and Human Development in the Muslim World
(March 20, 2003); and the fourth discussed the question of Democratic
Reform and the Role of Women in the Muslim World (March 29,
2004).
The 2004 roundtable confirmed the fact that of all
Muslim nations, Arab countries seem to show the greatest resistance
to reforms, especially those regarding the status of women. Hence
the subject matter of the latest roundtable confirmed many of the
conclusions reached by the previous ones. It also underlined the
fact that solving the problems of the Middle East hinges on democratic
reforms that cannot take root in the region without effecting a
basic change in the condition of Arab women.
The National Committee expresses its gratitude to
the conference participants who have taken time from their busy
schedules to attend the conference. A special thanks to conference
organizers, Ambassador Fereydoun Hoveyda, the NCAFP project director
for the Middle East, and Grace Kennan Warnecke, NCAFP trustee and
conference moderator.
The National Committee on American Foreign Policy
is especially grateful to Mutual of America, Kenneth J. Bialkin,
Esq., Mrs. Eugenie Fromer, Mr. Thomas J. Moran, and Ms. Sheila Johnson
Robbins for providing major support for the fifth roundtable. The
NCAFP also acknowledges the generous support given to us by an anonymous
donor.
Sincerely,
George D. Schwab
President
INTRODUCTION
In July 2002 a number of Arab experts commissioned
by the United Nations Development Fund (UNDP) and the Arab Fund
for Economic and Social Development published a report titled Arab
Human Development Report in which they noted that the
wave of democracy that transformed governance in most of Latin America
and East Asia in the 1980s and early 1990s has barely reached the
Arab states.1 The experts also stated that based on international
measurements of government accountability, civil liberties, political
rights, and media freedom, Arab countries scored lower than any
other regional group in the world. They defined three areas in which
urgent action should be undertaken: (1) political freedom and participation
in governance; (2) removal of discrimination against women; (3)
inadequate education systems.
Many experts inside and outside Arab countries have
expressed the opinion that only democratic reforms, especially the
empowerment of women, can defuse the problems of the region as well
as diminish the effects of militant Islamic fundamentalism that
are at the heart of mounting terrorist activities perpetrated by
organizations such as Al Qaeda and its ilk. That is why the National
Committee on American Foreign Policy (NCAFP) deemed it appropriate
to convene a roundtable on Arab Women and the Future of the
Middle East.
The purpose of this not-for-attribution summary report
is to make available to the foreign policy community the views and
suggestions that were voiced at the April 14, 2005, roundtable.
PRESENTATIONS
Women and Development
It is certain that improvements in the status of women
will enhance the overall situation in the Middle East. Indeed the
region is a part of the world in which the level of development
and modernization is lagging behind those of other regions and where
the rights of women, as well as the opportunities available to them,
are strictly limited. One of the main problems in the Arab world
is that the law does not support women in many cases. Interpretations
of the Islamic law of sharia are often very different from what
is or should be taught in religion. Therefore, many things must
be done to reform the legal structures and support systems of all
members of society, particularly women.
In many countries of the Middle East, women are fairly
well educated compared to the educational attainments of women in
other parts of the world. Yet their participation in the workforce
or in the political process is low based on any standards.
In Saudi Arabia, for example, a woman of Arab origin
holding a passport from a country in the West as well as documents
exempting her from the company of a mahram (a relative who acts
as a male guardian) can stay alone in a hotel. Women can schedule
business meetings but must be completely covered when they attend
them. Courtesies may be extended to non-Saudis of professional status.
Saudi women control their own capital facilitated by an entire banking
system that is dedicated to preserving their rights to manage their
funds and segregate them from capital controlled by husbands and
other family members. In other respects, women in Saudi Arabia are
completely secluded and underemployed. One can only imagine the
amount of productive energy that could be put to work if, among
many other things, Saudi families did not have to hire drivers to
squire women who are not allowed to drive their own cars.
According to this presenter, Palestine constitutes
an example of how women can affect development. Palestinian women
are very active in political and social endeavors and in civil society
organizations as well. Microlending provided to Palestinian women
has literally changed family life because wives, unlike their husbands,
spend money on their children, on their homes, and on education.
As a result their standing in their communities has improved dramatically.
In Qatars conservative and religious society, the women of
the royal family have taken the lead in advancing the goals of empowering
women and in establishing their country as an educational center
for women in the Middle East.
One of the basic questions that should be addressed
in roundtables such as this concerns human rights. Exceptions for
countries that are considered as culturally sensitive
and where different standards of human rights are said to apply
should be rejected. Human rights do not change from person to person
or from country to country. They are universal. The United States
should apply universal standards and cease to gloss over violations
of womens rights in some allied countries such as Saudi Arabia
and Egypt. Negative attitudes toward America, especially those evident
in the Middle East, stem from our unwillingness to apply universal
standards to measure democracy and human rights in the world at
large. It is very important that we cease to support or ignore situations
that put women in a disadvantaged or dangerous position.
From this perspective, America has already contributed
by offering American Arab women a range of opportunities. In the
strong Arab-American community in the United States, many women
are studying womens rights. They are learning that the laws
that have been enacted and the cultural norms that prevail to the
disadvantage of women have no relevance to Islamic tenets. Women
have the capability to understand and interpret texts and become
knowledgeable about their rights.
Advancing womens rights is paramount to creating
a more stable region, curtailing Islamist extremism, and furthering
Americas security.
Unfortunately, augmenting the primary role played
by religious and political authorities in restricting womens
rights, are a number of Arab women who resist change. It would be
useful to study the origin and consequences of their fears of reform.
Contradictions and Paradoxes
Another panelist stated that the Arab world is full
of contradictions and paradoxes concerning the condition of women.
First, it should be noted that one of two Arab women
is illiterate. Nevertheless, one can find well-educated women in
many domains, including the most sophisticated. The gap between
educated and uneducated women is therefore huge.
The paradoxes are accentuated most in Saudi Arabia.
There discrimination against women is institutionalized. Thus despite
the fact that women are denied the right to participate in social
and political life, one finds feminist journals and books by Arabs
and non-Arabs in King Abdul Aziz University.
In interviews with journalists, people often say:
Dont talk about womens rights or human rights
because thats coming from the West, and the West is just trying
to change us. It is important to impress on the Arab public
the fact that human rights and womens rights are not only
Western concepts but universal standards as well. To illustrate,
a participant in a recent debate on Al Jazeera satellite TV illuminated
the problem by posing the following rhetorical question: Why
was the Jordanian parliament unable to propose tough sentences for
so-called honor killings and pass legislation to allow women to
initiate divorce?
The two women guests were parliamentarians, one from
an Islamist group and the other a leading womens rights activist.
The former reiterated the notion that the Americans are trying
to change us, to introduce gay marriage and so on. She engaged
in political and cultural attacks to thwart a discussion of womens
rights. The womens rights activist rightly responded that
womens rights groups in the Arab world have pursued their
goals for many decades, long before America was involved in the
Middle East. It is very important to acknowledge the work of local
groups in the Arab world and to find out what kinds of assistance
they need most. Many women and men have been fighting for womens
rights since the turn of the 20 th century.
Another contradiction in the Arab world is represented
by blogging, which exists despite the high rate of illiteracy among
women and the fact that not everyone in the region has access to
the Internet. Many women are turning to blogs to express themselves.
On the Web they engage in the freedom of expression they are often
denied in print and broadcast media. It is remarkable that one of
the first womens blogs was initiated by a Saudi woman who
described herself as kind of unveiled tech-savvy.
During the past year, Saudi Arabia has become a cauldron
of contradictions and paradoxes. There is a kind of push-and-pull
struggle going on between the royal family and ultraconservative
Wahhabi clerics. Moreover, questions are being raised about how
much power the royal family has over clerics. For instance, recently
Saudi newspapers were full of stories concerning a fatwa
issued by the grand mufti announcing that it would be against the
law to force a woman into marriage. Such an act, according to the
fatwa, would be punishable by jailing. This development and the
division that it highlights is extraordinary in Saudi Arabia where,
according to most interpretations of the religion, a woman has to
get permission from her male guardian before she marries or travels
and is not allowed either to vote or to drive.
The contradictions in Saudi Arabia will multiply in
the future, but nothing positive will happen until the international
community tells the Saudi authorities that the way they treat women
is not acceptable. To begin to deal with the issue, American officials
would be required to present the State Departments Annual
Report on Human Rights to their counterparts in the Saudi foreign
ministry.
Another example of contradiction can be found in the
current situation in Iraq. Although allocating to women one-third
of the seats in the elected parliament is a reasonable response
to their demands to participate in political life, it should be
remembered that women and children are the main victims of the ongoing
violence. Moreover, a debate about the role that the new constitution
should accord to Islam is stirring dissent. Some women advocate
state acknowledgment of and support for the application of the sharia,
or Islamic law, whereas others oppose it. In deliberating about
the issue, the people of Iraq should acknowledge that the sharia
is not divine, that it is based on interpretations of
the Koran and the prophets sayings, as well as many other
things. It can be said without exaggeration that many women are
aware of the way in which Islamic law continues to be used against
them.
Another contradiction concerns Palestinian women.
During the December 2004 elections, many people tried to dissuade
women from seeking election, but they did not succeed. As revealed
in a very recent Amnesty International report, Palestinian women
have been victimized by the occupation as well as kept under wraps
by the largely patriarchal society. Although the male-dominated
society acknowledges womens contributions occasionally, it
keeps them either at home or at the mercy of laws that have been
designed to suppress their interests. As a result women are discriminated
against both by the Israelis at checkpoints and by the Palestinians
through the failure to provide education, the enactment of laws
favoring males, and the tolerance of honor killings
and other forms of abuse.
Those who seek to help women should contact the groups
working inside Palestine and ask them what kind of help they want.
As this panelist reached the end of her presentation, she acknowledged
that not all Arabs are Muslims. Therefore, she stated, we should
focus on culture rather than on religion and on the problems of
both Muslim and non-Muslim women.
The Denial of Arab Womens Human Rights
Another panelist began her remarks by saying that
the human rights of women throughout the Arab world are systematically
denied by each country in the region, despite the apparent diversity
of the political systems that exist there. Although many governments
routinely suppress freedom of expression and freedom of association
and assembly, as well as civil society, adversely affecting both
men and women, it is clear that women are subjected to a host of
additional gender-specific human rights violations.
But many Arab women have not been silent victims of
these abuses. They have waged battles against them for decades.
Notwithstanding the progress they have achieved, much has yet to
be accomplished, especially in regard to womens access to
public space. Remaining problems that have been so resistant to
change undoubtedly hinder the future of generations of Arab women
and the future of the Middle East as a whole.
Family laws across the region treat both Christian
and Muslim women essentially as legal minors under the eternal guardianship
of their male family members. These laws deny women equal rights
with men with respect to marriage, divorce, child custody, and inheritance.
Family decision making is the exclusive domain of men who enjoy
the legal status of head of household. These notions and practices
are supported by family courts in the region.
Whereas Muslim husbands can divorce their spouses
easily, often instantaneously through oral repudiation, wives
access to divorce is extremely limited. In Lebanon, for instance,
a battered woman cannot file for divorce without the testimony of
an eyewitness. A medical certificate documenting physical abuse
is not good enough. In Bahrain, where family law is not codified,
judges are at liberty to deny women custody of their children for
the most arbitrary reasons. Bahraini women who have challenged these
violations are currently being sued for slander by 11 family court
judges.
Though some womens rights activists are working
within sharia to promote womens rights, others are calling
for a clear separation of religion from government in part because
an increase in religious fundamentalism throughout the region has
resulted in further violations of womens rights. Governments
routinely join forces with clerics to curtail womens rights,
particularly with regard to their sexual autonomy.
The relationship between a man and a woman is often
mediated by a man. In many countries a womans right to acquire
identity cards or passports, to marry, to work, or to travel is
granted only with the consent of a male relative or her spouse.
Husbands in Egypt and Bahrain, for example, can file official complaints
at the airport forbidding their wives from leaving the country.
Womens unequal rights increase their vulnerability to violence.
In many countries no specific laws exist to penalize domestic violence.
Battered women are often told to go home if they attempt to file
complaints with the police. Very few shelters exist to protect women
who fear for their lives.
Womens inferior legal status in the family is
compounded by penal laws and citizenship laws that also act as deterrents
to their full participation in political life. Social acceptance
and the enforcement of traditional and unequal gender roles, combined
with the need for male authorization to work or to travel, have
significantly limited womens participation in economic and
political life.
In many ways, the situation that is unfolding in Iraq
illustrates many of the struggles that Arab women face throughout
the region. Women in Iraq seem to be fighting to maintain the status
quo that is threatened by pressure from a coalition of both religious
and political forces to limit the rights that women currently enjoy.
The current period obviously presents considerable
opportunities and innumerable risks. It is clear that some opportunities
have already been lost. In March 2004 Human Rights Watch expressed
concern about some of the provisions of the Iraqi interim constitution,
which is going to be the fundamental legal framework until a permanent
constitution is enacted. Although such provisions as an equal protection
clause and a parliamentary quota were incorporated in the interim
constitutioncertainly steps forwardno guarantees of
womens rightswomens equal rights in family and
penal laws, in citizenship laws, and so onwere accorded.
This presenter concluded that funding from outside
sources to fulfill the goals of womens rights projects or
to provide assistance to divorced women and households headed by
women would be helpful. But she expressed concern that many benefactors,
including the UN, ignore nongovernmental organizations (NGOs) by
channeling funds through national government-appointed commissions
for womens rights. Although government-appointed organizations
have done some good work, they remain under the control of officials
who have their own agendas.
Most NGOs and a number of benefactors in the Middle
East have focused much attention on womens political participation,
which is very important. But it would be sad if that issue were
dealt with alone, excluding more entrenched issues that undermine
womens legal status.
In concluding her presentation, this panelist expressed
the hope that all who are involved in policymaking in the region
will come to recognize that securing equal rights for women is not
a threat to their collective future but an integral and inseparable
part of it
Arab Women Are the Future of the Middle East
Another panelist affirmed that the question is not
Arab women and the future of the Middle East, for Arab women are
the future of the Middle East. By that she meant that national development
in Arab countries had been stultified by womens inferior condition;
the people of the Arab world will not reclaim the Mujahedeen and
suicide bombers and recall them from their gruesome deeds without
the help of women; states cannot create civic consciousness, alleviate
poverty, or bring forth new modes of political behavior without
women.
Like previous presenters, she reminded the audience
that a long history dating to before the turn of the 20 th century
documents the roles played by both women and men in debating womens
status and trying to move them out of the harem system
into education, the workplace, and positions of responsibility.
The whole movement started with grassroots efforts. More recently
there has been a pattern according to which governments have granted
rights to women and even mandated percentages of parliamentary seats
to them, as, for instance, in Morocco and Iraq. In many places women
have gained all kinds of professional credentials. Yet in countries
where one would think they would be influential, they have been
absent from the political sphere. In Egypt, for example, after the
1952 revolution, the new regime, under pressure from the Muslim
Brotherhood, balked at granting womens suffrage. A very determined
feminist, Doraya Shafiq, organized a march on parliament that succeeded
in obtaining for women the right to vote. In Lebanon for decades
the only women who served in parliament were widows of assassinated
members.
Womens rights have become the new official rhetoric.
Its misuse has stirred many Arab womens groups to complain.
Thus a Palestinian activist lamented the fact that Palestinian Authority
officials continually use buzz words associated with
womens rights before they give in to antifeminist pressures
exerted by Hamas.
Some efforts have been centered in the field of legal
reform. In Lebanon an optional law on civil marriage introduced
by the president failed in 1999, whereas in Egypt in 2000 the president
signed a law that eased divorce for women, legitimized a more casual
form of marriage, and set up family courts designed to improve womens
rights concerning divorce, custody, and the like.
At another level programs for womens studies
and gender studies hav been set up in universities in a number of
countries. At the same time there has been a mushrooming of womens
associations and NGOs. A lot has already been accomplished, but
a great deal more is necessary. Indeed efforts to achieve modernization
in the Middle East have been fragmented and have not addressed change
in the social order.
Also, some demographic shifts have played themselves
out amid the collapse of the philosophy of Arab socialism. All this
has led many people to identify with religious movements or at least
to express more religiosity, which often impedes efforts aimed at
achieving womens rights. The nationalization of education
during the 20 th century eroded class distinctions and improved
opportunities for many. But today a large number of graduates are
unemployed in most Arab countries or else work in jobs that have
nothing to do with their training.
In Saudi Arabia about 30 percent of the population
is poor. The traditional method of zakat and philanthropic
private efforts impede coordination. As a result there are areas
that leave out women. For instance, divorced women who need to learn
skills quit college to be married. Yet in a number of Arab countries
one finds a very good enrollment for girls at primary and secondary
school levels. Actually their grades surpass those of boys. Nevertheless,
their education is not necessarily a stepping stone to a career.
It is rather a new prestigious accoutrement to use to highlight
ones eligibility for marriage.
What significance is given to the presence of women
in the workplace? Why, for instance, do the Lebanese still believe
that men are the primary breadwinners and that womens salaries
are just for lipstick? This attitude affects pension
plans and causes many other problems, which will constitute the
next area of womens rights. They result from the refusal to
see discrimination against women as a human rights issue. The culprit
here is not only society but also governments whose committees have
to send formal responses to UN inquiries. The complaint is that
the international community is imposing on them norms that do not
accord with sharia, or Islamic law, and their own family values.
In terms of the actual laws, a number of small NGOs
work to educate women as well as judges. Many people attend law
schools but have no idea how the laws that affect women came into
being and what part of them devolved from sharia, tribal codes,
and the pre-1975 Napoleonic French law that switched responsibility
from the womans family to the husband. As an example, the
procedure that led the police to encourage a woman to marry her
rapist was cited. That proposed way of dealing with a sexual attack
comes from tribal law and was incorporated into sharia as a measure
to protect the woman from being killed.
An increasing number of parliamentarians possess Islamist
or tribal affiliations, and their voices are unfortunately louder
than those of womens groups. External pressure to change laws
relating to honor killings and optional marriage would
be helpful.
A lot of other new issues are springing up. For example,
there is a great deal of migration by women and men outside the
region and within it for the purpose of marriage. Many Palestinian
women move in order to marry. Some even emigrate from the United
States to the region. An increase has occurred in various nonsharia
forms of marriage. Polygamy is on the rise. One should also mention
a form of informal marriage called urfa, which was legalized in
Egypt in 2000; it facilitates relationships but wipes out the whole
system of financial protection and the familys role in negotiating
the marriage.
In conclusion, this panelist said that the so-called
Arab spring offers a unique moment for propelling change in the
Middle East, especially a change in favor of womens rights.
In March, along with a number of Saudis in Riyadh,
she watched a televised speech in which the president of the United
States affirmed that Washington did not wish to prop up tyrants.
People took heart or became anxious about his statements about women,
stating that if this signals a commitment to womens rights,
it should be expanded and undertaken as an international cooperative
effort.
DISCUSSION
Microloans
An observer sought information about microloans and
the kinds of businesses the recipients can engage in. A panelist
answered on the basis of her experience with the Gaza Womens
Loan Fund that was created in the late 1990s and has already granted
hundreds of loans ranging from $500 to $2,500. The recipients were
working-class women who needed second incomes or whose households
were not headed by men. Some loans were made to finance farms or
to fund traditional womens work such as making dresses and
clothing, as well as service businesses such as taping videos of
weddings and the like. Elsewher loans went to women who had learned
to recycle paper or make cards or engage in similar kinds of work.
Another observer inquired about the possibility of
the recipients working together in cooperativelike businesses; he
also asked whether it would be reasonable to expect their sons or
husbands to speak out about the womens successful efforts
in a way that would change social attitudes. Are efforts being made
to help these women take more active professional middle-class roles
and reach higher levels of community leadership?
One panelist mentioned the creation of cooperatives,
especially in the West Bank. She mentioned a group of women who
started a bee and honey business. They developed flower plants for
the bees and expanded the business to include selling flowers in
the market. These women have not become members of the middle class,
but they have expanded their businesses and know a great deal more
about what they can do. The theory is that this is empowerment.
This panelist added that in the Bekaa region (Lebanon), women produced
drugs until drug production was cut off. There is no way for them
to make money because they live where there is a low water table,
and what they can growcucumbers, potatoes, and tomatoescompetes
with nearby Syrian products. This panelist is trying to get the
World Bank interested in this area of the world where women need
loans on the order of $15,000 to $20,000. Everything is stagnating.
The sad result is that nobody in Beirut wants to invest in the Bekaa
because of fear of the Hezbollah in neighboring villages. Hezbollah
brought them bees that died because of the winter climate.
Another panelist added that microloan programs need
to be combined with know-your-rights education and training
that would help women learn about their legal rights.
Temporary Marriages
A question was asked about temporary marriages and
how they relate to the Shiis and Sunnis. A panelist explained that
there are urfi and sigheh temporary marriages.
The latter is called muta in Lebanon. Muta was not allowed for Sunnis
after the conquest of Mecca. It is a form of temporary marriage
in which the partners avoid living in sin because there is a contract
between them that can extend from 3 days to 99 years and involves
an exchange of money. Consequently, it is a kind of licensed
or legalized prostitution, which is why it has been
criticized in many places. But it has also made it possible for
divorced or widowed women to obtain incomes that maintain their
families.
Muta became more prevalent in Lebanon during the civil
war. But it is not something everybody wants to acknowledge. Actually
some women have been killed when their family learned about what
they were doing. Muta is easier in the cities where people are practically
anonymous. Even in Algeria during the fighting, some Islamist groups
claimed the right to muta because they wanted to rape the women
in the villages they captured.
Also within urfi before 2000, the man bore no legal
responsibility for any children of that kind of marriage. But after
catching a man who avowed having contracted 63 such provisional
marriages, the authorities recognized that something had to be done
about temporary marriages. Included among several other
kinds of temporary marriages is mizyar, as practiced
by the Saudis and other Gulf Arabs in Egypt. A man who participates
in mizyar does not have any legal responsibility toward the woman
and their child. The children of such temporary marriages are not
considered as Egyptians and are excluded from the advantages of
citizenship. In Saudi Arabia the Council of Clerics has issued a
fatwa stating that such marriages are not preferred
but are allowed because there are precedents for them.
These relationships are increasing because many men
are trying to avoid the high cost of standard marriages. In Egypt,
for instance, it takes six to ten years of an uneducated mans
salary to afford marriage and everything that goes with it (the
purchase of a flat and a lot of goods and gifts). Because people
cannot date, they resort to a relationship of that kind. A case
involving a woman who entered an urfi marriage with
the son of a famous actor was mentioned. The latter refused to accept
the paternity of the daughter who was born of the temporary marriage.
The woman, backed by her family, took the case to court and asked
that a DNA test be administered to prove paternity. The grand mufti
of Egypt sided with the young woman. As a result many Egyptian women
are hoping that these kind of marriages, which have been kept secret
and frowned on though allowed by law, will eventually be accepted.
The Workforce and Workers Rights
An observer raised the question of workers rights
and the dependence of some Arab countries on foreign labor. In some
countries such as the Persian Gulfs sheikdoms, the authorities
face a dilemma. They want to Arabize their workforces
both for security and economic reasons. As revenues dwindle and
unemployment increases, they want to limit foreign elements and
create opportunities for their own citizens. But the process, which
is very slow, is generating a significant contradiction: These countries
do not use half of their own workforces, namely women. This observer
asked whether this situation might become a lever for obtaining
a change in the condition of women and their rights.
A panelist expressed doubts about the use of foreign
workers to enhance Arab womens rights. On one hand, these
foreign workers need the jobs they were offered in order to support
their families back home. On the other hand, there are problems
that foreign migrant women workers face in the Arab world in general
and more particularly in Gulf countries. Most of the foreign women
are domestic workers. They take care of households and of children
in wealthy families. They are invisible and suffer abuses in the
Gulf region. The law does not protect them because domestic work
does not fall under labor codes. Also, a host of problems concerning
the justice system became evident in the case of foreign women workers
when they were divorced from nationals. The panelist was not sure
that any segment of the workforce could be used as a lever to ensure
womens rights in the region. Instead, she would prefer to
fight to expand the fields in which native-born women are allowed
to work, at least in Saudi Arabia and other Gulf countries. Moreover,
there should be a kind of affirmative action for the
employment of women.
Politics and Democracy
A question was asked about the extent to which Arab
women have been able to participate in the political process that
would enable them to try to change some of the laws of society and
even the autocratic rulers who hold sway over society as a whole.
One panelist said that under President Anwar Sadat
of Egypt, it was decided that 30 seats would be set aside in the
parliament for women. Moreover, a series of laws in favor of womens
rights were promulgated while parliament was in recess. Known as
Jihans laws (Sadats wifes name), they were intended
to address some of the problems experienced by women under personal
status or family law. Islamists as well as secular conservatives
sparked a backlash against the legislation. The Jihan
laws were rolled back and replaced in 1985 by a new series of laws,
which were revised and moderated in 2000.
Most of the proponents of these reforms were lawyers,
not women politicians. No longer contending for seats that had been
reserved fo them as women, women campaigned against male candidates.
The competitive nature of the struggle made it impossible for them
to single out womens issues. Instead, women in parliament
who are affiliated with political parties are obligated to promote
the platforms of their parties. Some work quietly on legal reform
issue. The situation evolved in a different way in Lebanon, where
there is a very complicated list system. A number of
women, including a 15-year-old girl, have won seats on municipal
councils. But they are identified with religious or political groups,
not with womens issues. Although it is important for women
to be legislators in the region, they have not altered the political
space, which remains repressive and restrictive. Moreover, there
are only a handful of countries in which parliamentarians are not
under the thumb of the government and where decisions can be made
independently. In fact the ability to push issues depends on the
political will of the president or the king. In Egypt, for instance,
talk was heard for years about why there were no women judges. According
to rumors, Suzanne Mubarak was embarrassed on this issue at an Arab
Womens League summit by her Jordanian and Lebanese counterparts.
President Mubarak then appointed by decree one woman judge to the
High Constitutional Court.
According to the International Parliamentary Union,
the number of women in Arab parliaments has almost doubled in the
past five years, increasing to 6.5 percent from 3.5 percent in 2000.
Jordan, Morocco, and Tunisia have advanced the most. The number
will continue to rise because of political developments in Iraq,
where a third of parliamentary seats have been reserved for women.
Also, in Palestine, women won 51 seats in the December 2004 elections,
32 of them not seats reserved by law for women. In Saudi Arabia
about four or five women wanted to run in the municipal elections
but were not allowed to do so at the last moment. Unfortunately,
because of oil and American foreign policy, Saudi Arabia will probably
be the last country to be shamed and humiliated because of its exclusion
of women from the political space. Furthermore, the Muslim world
would not want to embarrass the kingdom, which has custody of Mecca
and Medina. But change will finally come to Saudi Arabia because
of all the contradictions that have been discussed, including that
underlined by the fact that 55 percent of university graduates are
women, whereas only 5 percent of women are in the workforce.
Referring to the information in the presentations
about Saudi women keeping control of their capital, an observer
wondered whether withholding their capital from investments could
produce effective political results for women. A panelist said that
this could not happen now. Another panelist described her encounter
with the Saudi minister of social affairs who gave the standard
answer that the government couldnt issue identification cards
to women because of the religious interdiction that they not show
their faces. The panelist reminded the minister about the recent
case of Afghanistan, and he said that the government would first
initiate a campaign for womens identification cards and then
voter registration. While she was there, the annual Saudi cultural
festival was held. It was open for women-only attendance
for a few days. Nevertheless, the religious police hassled women
on their way into the festival. There was an argument when women
were told they couldnt go into the main hall. One woman screamed
from frustration. Other women said loudly that what is wrong with
Saudi women is that they have become accustomed to not making demands.
They wait for things to happen. True, Saudi women have a great deal
of social power implicit in the control of their own capital, but
they have not yet been involved in collective efforts to generate
reform. They also fear backlash.
Another panelist said that in the past 10 to 15 years,
Saudi Arabia experienced some public situations in which people
demanded their rights, as in the procession of women who drove their
cars and later suffered for it and, six years ago, when a delegation
of Saudi business people came to the United States. Their number
included a few women who found retribution on their return. As to
asserting power through the use of their capital, it should be noted
that a parallel banking system has been reserved to women because
the sexes cannot mix in Saudi Arabia. This system gives women opportunities
to work in banking and on the investment side, providing services
to women investors and depositors. Nevertheless, male bank officials
dont believe women have the capacity to understand complicated
investments.
The possibility that women could use their capital
for political and social ends is a fascinating idea, especially
in view of the fact that women, according to Western estimates,
hold almost half, if not more, of Saudi Arabias wealth.
It was said that Saudi Arabia is a case in which money
and financial support have been used to silence an entire population.
When things were good and money flowed into the country, there were
no protests. It is only now, when poverty has increased, that unease
has been expressed and even some demonstrations have taken place.
Moreover, the government has sufficient revenues from oil and does
not require its citizens to pay taxes. In effect, it requires nothing
from its citizens and gives nothing in return. It has no interest
in being representative, for it acquires almost all its budget from
elsewhere.
Muslims, Arabs, and Theology
An observer said that he was not clear why a distinction
was being made between Muslims and Arabs. It seemed to him that
the problems concerning womens rights were similar in all
Muslim countries.
It was observed that the NCAFP convened a roundtable
last year on Democratic Reform and the Role of Women in the
Muslim World. The report was published and is available.2
Moreover, the Arab Human Development Report, compiled
by 22 Arab experts and published in 2002 by the United Nations Development
Program (UNDP), noted that the wave of democracy that transformed
governance in most [of] Latin America and East Asia in the 1980s
and early 1990s has barely reached the Arab states. The report
also mentioned the lack of womens rights as one
of the three main causes that have kept the Arab world behind
all other regions.3 It seems that the tribal-patriarchal structures
of most Arab nations, which give privileged and dominant roles to
men while keeping women in inferior and segregated situations, constitute
the main obstacle to change. Indeed in non-Arab Muslim countries
where the tribal component is absent or very loose, patriarchy seems
more malleable; in any case, many changes have taken place in the
past two decades in regard to the status of women in non-Arab Muslim
countries.
A question was asked about Irshad Manjis book
titled The Trouble with Islam. She participated in the NCAFPs
roundtable on Democratic Reform and the Role of Women in the
Muslim World.4 A panelist said that she is not an Arab woman.
She is a Canadian of South Asian background. This panelist found
the book useful but had a few differences of opinion related to
Ms. Manjis analyses of the situations in Egypt and Palestine.
She agreed with Ms. Manjis statements about the position of
women in Islam and how sharia has been used to abuse women. Ms.
Manjis book reflects her appreciation of the fact that many
things need to be changed regarding the way women are perceived
within a Muslim framework.
An observer mentioned a book recently published by
Faisal Abdul Rauf, a Sufi sheik, that presents a moderate version
of Islam and a much more positive opinion about the role of women.
It was said that the question of women has more to
do with the social organization of countries than religion; it is
better to keep aloof from theological considerations. In any case,
it would be wise to avoid discussions about theology and the reform
of Islam because they would be endless and would immediately provoke
strong accusations of bias from Islamist fundamentalists. The status
of women is a political and social problem.
It was remarked that many incipient reforms concerning
the status of women favored a kind of paternalistic
approach, for they were conceptualized as being bestowed as presents
by leaders. It should be remembered that tactical retreats by leaders
are always possible. Therefore, women themselves should fight for
their own rights.
What the United States Can Do
A panelist observed that if the United States were
going to export anything to the Region in terms of womens
rights, it would probably be know-how. It would be quite interesting,
for instance, to have American lawyers who have worked in the domestic
violence field provide information about ways to proceed. Experts
should also train lawyers in the region as well as police forces
to be gender sensitive and not turn away women who file complaints.
Obviously, those sorts of things are less politically charged than
others but would have very positive results. Members of American
womens groups who have been very effective in lobbying the
government should go to the Middle East and train activists about
how to lobby.
The roundtable was reminded that such training was
completed by Ukraines militia for the antitrafficking projects
funded by the State Department and U.S.AID. It changed the way the
law enforcement officers looked at women.
A panelist informed the roundtable that there have
been a number of similar programs in parts of the Middle East. She
participated in a program designed to train judges and members of
the Bar Association in Jordan. Another program concerned the training
of candidates who ran for parliament in Morocco. Women need to be
taught how to organize a campaign and what to do if elected , how
to protect themselves against media attacks, what to wear, how to
speak, and so on. These programs should involve exchanges. Moreover,
the issues that should be addressed ought to be holistic. There
should be a way to demonstrate how the economic connects with the
political, how the political connects with the social, how the lack
of responsibility by national governments, or the lack of coordination
by NGOs connect to these issues, and so on.
The roundtable was also told by one panelist that
whoever wants to improve the status of women in the Middle East
should contact local groups that have been working on the ground
for decades, especially in impoverished areas. She gave the example
of a school that she came across in southern Egypt. A local group
found that despite all the governments efforts to keep girls
in school, parents preferred to send the boys rather than the girls,
who were expected to marry sooner or later and move to other families.
Members of the group, as well as teachers, met with the villagers
and discussed the matter with them. The families said that the girls
had to help in the morning, both in the fields and at home, and
so school hours were moved to the afternoon, enabling the girls
to attend school. The teachers explained to the parents and to girls
who were old enough to understand the dangers involved in female
genital mutilation, which is frequent in Egypt.
An observer asked where the issue of improving the
status of Arab women fits in the framework of U.S. interests. A
panelist remarked that the U.S. government has determined that change
in the Middle East would end tyranny and contain terrorism, which
is in the security interests of the United States. Therefore, because
women constitute 51 percent of the population of the Arab world,
improving their condition is paramount to effecting change in the
region.
RECOMMENDATIONS
Direct Aid and Cultural Exchanges
One panelist expressed the belief that many opportunities
now exist in the United States for Arab-American groups to advocate
womens rights and to impress on foreign policymakers how important
they are to the success of democratic change and development in
the Middle East. She reminded the roundtable of the dangers that
can arise when movements dedicated to achieving womens rights
and democracy in the Middle East are accused of being Western or
American influenced. In effect, in the present anti-Western atmosphere,
they can lose their credibility and their ability to effect change.
Policymakers should therefore be wary when providing assistance
to local groups.
She maintained that help directed toward changing
womens situations should start at the microlevel and provide
education and training that will sharpen their ability to advocate
for their rights and learn how they can improve their conditions.
Aid should be used in an instrumental way to effect greater economic
development for an entire population rather than just a few. This
aid should not be funneled through governmental organizations. The
United States should play a more proactive and critical role in
deploying aid. Whether we like it or not, America exerts quite a
bit of power in many countries of the Middle East. If we are going
to deploy capital in the region, we must also promote our democratic
values, which include recognition of the right of women to participate
in political and economic life. Being culturally sensitive
does not mean that we should close our eyes to violations of womens
rights and other human rights as well.
It was observed that if U.S. aid were given to local
NGOs for distribution to a targeted population, the method chosen
for delivering aid might be perceived by the countries in which
the recipients live as interference in their domestic affairs. The
panelist said that she was not sure that deploying capital directly
to local NGOs is the best way to proceed. Nevertheless, she noted
that the United States is involved in basic and educational projects
that offer opportunities to generate the participation of women.
We should also remember that some of the negative reactions on the
part of people in the Middle East do not reflect their rejection
of our democratic values but rather their perceptions that America
frequently fails to apply those standards equally across the world
and especially in the region. Our foreign policy, she stated, should
be consistent.
This panelist agreed that bringing more Arab women
to the United States and sending women from here to there in the
framework of various kinds of professional exchanges would be extremely
productive. Despite the negative aftereffects of certain missions,
cultural exchanges are critical to the promotion of womens
rights in the region. The panelist was surprised to hear that women
from Egypt and Iran have said that as long as the United States
is exerting power because it is the only superpower, it should include
womens rights in its demands for change. Their comments were
tantamount to asking that outside pressure be exerted in order to
attain improvements for the women of the Middle East. Therefore,
despite all the rhetoric about Americas determination to impose
its values on Arabs, women in the Middle East welcome Washingtons
action directed toward improving their status.
It was noted that if women from the United States
or other Western countries visit the region, they should also discuss
the plight of women in their own countries, the obstacles they face,
and how they are trying to overcome them. They must be open-minded
to understand the complexities of womens lives in the region.
Adopting the stereotypical way in which Arab women are represented
in the media and in some parts of the United States would not be
helpful.
Arab-American Womens Organizations
It was asked whether Arab-American womens organizations
that exist in the United States could be enrolled to help to improve
the condition of women in the Middle East.
One panelist expressed the opinion that there were
a lot of barriers between Arab-Americans and Arab women in the Middle
East because of the dominance accorded to men in the national arenas
of the Middle East over specific womens issues. One of the
oldest groups in the United States is the Union of Palestinian Womens
Associations, which has branches in most of the states. It is part
of the union organizations that operated under the umbrella of the
Palestinian Liberation Organization (PLO), which may impede cooperation
with them. But the organization has been in existence for so many
decades that its members have many contacts in the Middle East.
There are larger Arab-American associations, but nobody
in the region knows them. Coordination with existing NGOs would
be a useful undertaking. But there are more than 14,000 of them
in Egypt alone, and many of them are associated with the National
Council of Women, which was formed under government auspices. Nevertheless,
quite a few NGOs have produced shadow reports and attend international
forums. It would be beneficial for womens groups to learn
about their agendas and what they think irrespective of whether
the acquired knowledge is something to act on or not.
Among a number of Arab-American organizations, the
ADC is the largest grassroots group. All of them, for the most part,
have criticized (although not as forcefully as they should have)
many Arab governments for their lack of democracy and transparency.
In addition, one can find numerous U.S.-based charitable or developmental
organizations that are either American or Arab-American and have
done or are doing work in the region. The American Refugee Aid Organization,
for example, has been active in Palestine, Lebanon, and Jordan.
It has excellent relationships with the Palestinian Authority and
the Israeli government. It has deployed microfinance for women as
well as educational tools throughout society. Another organization
based in the United States is called Karamah. (Its head was invited
to this roundtable but could not attend because she had made plans
to be out of the country when the roundtable convened.) Also, there
is a new American Research Center in Iraq; it has offices in Amman
and Chicago.
Most American-Arab womens groups (and other
American-Arab organizations, for that matter) have no connections
with the people in the region probably because of the nature of
immigration that goes back to the 1870s in some cases. Indeed such
associations were formed to represent the interests of immigrants
rather than those of the people in home countries. Nevertheless,
the womens organizations in the Arab world have evolved in
different ways. Either they are associated with political parties
(for example, each of the four womens committees associated
with the four PLO groups) or have been around for a long time (like
the Mara Gadidathe New Womanin Egypt). Many of
these groups have had terrible problems under the emergency laws
that allow security services to interfere with registrations. Defending
their existence in courts leaves them little time to connect with
Arab-Americans. Arab-American groups, for their part, have their
hands full right now because of the climate propagated by the war
against terror and the prejudice that often affects Muslims
in the United States. As a result the time for networking seems
limited.
An observer asked whether Europeans can be more effective
than Americans in supporting NGOs in the region. The European Foundation
and a number of other European organizations have been funding womens
groups and a lot of NGOs. He gave the example of a network of NGOs
and several family planning associations that are state funded.
The goal is to determine whether discrimination against women is
based on their status as women and the perception of sexual rights.
These groups have been rather anti-American recently and are much
more comfortable with European funding. The overall effect of this
network, which underlines the importance of coordination, has been
beneficial.
It was asked whether the creation of an American-Arab
organization devoted to promoting womens rights in the Middle
East would be useful. A panelist remarked that Karamah does promote
that goal within an Islamic framework. It is trying to do things
that will fulfill that objective. But one should not forget that
the Arab-American community is a relatively young immigrant community
and has to do a lot of things to safeguard Arab womens interests
in the United States. Many organizations in the United States are
focused on asserting or improving the lot of Arab-Americans by supporting
their participation in political and economic life. Others are charities
that are focused on developmen and similar work in the Middle East.
Many other pressing problems seem to overshadow womens specific
issues.
Another panelist agreed and added that she did not
know of any organization that brought together Arab-American women
of various religious backgrounds to undertake work in the region.
She said that she is involved with another organization, called
the Progressive Womens Union of North America, that uses a
Muslim approach rather than an Arab approach to gender issues. Another
panelist said that she had contact with the Association of
Muslim Social Scientists. To her it seemed extremely conservative
and not supportive of a feminist perspective.
At any rate, the message of womens rights has
more currency in the region when it is proposed by Arab women rather
than others who are deemed to be foreigners. The idea of forming
a network of professional Arab-American women who have financial
backing to support different projects in the region is very good.
The Arab Womens Association was mentioned as
one organization that is composed of different national groups.
But its branch in the United States has been divisive. The consensus
is that it would be very hard to form a new organization. But if
certain groups were to focus on specific issues such as domestic
abuse or the lack of voting rights for immigrants, some delegates
from these organizations could join together to form a broader organization
or a coordinating committee.
A question was asked about university exchanges. The
Fulbright programs are still functioning, and there are new types
of short Fulbrights under which one can bring scholars
from an Arab country to a university or institution for two to four
weeks. Thus Dickinson hosted an Afghani scholar for a short time.
Afterward the young woman studies at several other educational institutions.
Academic exchanges follow the reverse route too: from the United
States to the Middle East. But there is not enough targeted academic
exchange undertaken for the sole purpose of enhancing the skills
of the beneficiary in a particular area. Such programs exist in
various professions under the name of vocational exchanges. For
example, there is a group of Egyptian nurses who go to California
every year for six weeks to participate in a targeted academic exchange
program.
Literacy Volunteers of America was mentioned as an
organization that had succeeded in fulfilling its objectives. It
started as a HEW-funded program to teach American illiterates to
read. The organization grew rapidly and now numbers 60,000 strong
in the United States. A network of Arab and American women and men
could be built in a similar way. The members would learn about one
culture and then connect to their sisters and brothers in the other
culture. This organization should not be formed in the United States
but in Europe in order to avoid the accusation of being American
tainted. The panelist added that she wondered whether this kind
of organization could function like an umbrella organization to
pull in the divisive organizations that already exist. She thought
that it could really work and that the Literacy Volunteer Program
could be the basis for a making a special effort to promote womens
rights.
Gender Apartheid and Corporate Responsibility
One panelist mentioned the political pressure generated
by a film documenting the honor killing of a Saudi princess.
The film was produced by ITV in Britain and by World for PBS in
the United States. The latter received phone calls from the State
Department and Mobil whose representatives pleaded with the producers
not to show the program because of Saudi sensitivity. After the
Saudis cut diplomatic relations with London, British Prime Minister
Margaret Thatcher sent Lord Carrington to Saudi Arabia to plead
with the Saudis to forgive them.
The panelist added that the violations of womens
rights were worse in Saudi Arabia than in other Arab countries.
In effect, the treatment of women there constituted gender apartheid
just as the treatment of black people in South Africa constituted
racial apartheid. Why isnt the world community, which forced
South Africa to end its discriminatory, segregationist racial policies,
taking the same approach to Saudi Arabia? The United States, no
matter the level of criticism it (and all the other Western democracies,
for that matter) would face, should remind the Saudis that it is
2005 and that their UN membership will be revoked if they continue
to violate the Charter and deny women their human rights.
Answering a question by an observer, the panelist
said that the Committee on the Elimination of Discrimination Against
Women meets in New York. The convention that led to the creation
of the committee, although garnering a large number of signatories,
has nevertheless more reservations than any other international
document. Almost all the reservations are from the Arab world. The
committee is paralyzed because of those reservations. Actually because
the convention is about the elimination of discrimination, the reservations
must be considered null and void because they contradict the purpose
and the objectives of the treaty.
The panelist addressed the question of corporate responsibility.
When Starbucks or Pizza Hut opens branches in Saudi Arabia that
feature family sections and male-only sections, nobody shames them.
They pretend to be culturally sensitive.
An observer said that as a human being, a corporate
board director, and an American, he was sympathetic to such concerns
and would try to do whatever he could to further the promotion of
womens rights. But telling the president of Starbucks or the
board of directors of Pizza Hut that they should not do business
in Saudi Arabia because of the way that country treats women is
the wrong way to proceed. The companies wont comply.
It is true that the real battle is to be fought by
women in Saudi Arabia. But private enterprises have influenced behavior
and practices in other venues. The main concern, though, should
be centered on what the American government can and should do.
Two panelists recommended that a roundtable on corporate
responsibility be held in the near future. One of them said that
corporations have a responsibility to abide by the same labor practices
that are in effect in the United States. For instance, if they dont
recruit 11-year-olds here, there is no reason to do so in a foreign
country. Another panelist added that under Title VII, if a company
is incorporated in the United States, it has a responsibility to
address discrimination against women, to open an affirmative action
office, and to train its employees about discrimination. Such antidiscrimination
programs are not being implemented in Saudi Arabia. Although many
American corporations have developed practices to circumvent abuses,
some recognized that a point had been reached, for example, with
the Taliban in Afghanistan, and that American companies operating
there would have to be prevented from doing business as usual. In
contrast, the Saudi government has experienced no serious repercussions
because of its treatment of women other than occasional embarrassment
because of media attention paid to the problem or the issuance of
critical reports such as those published by the International Commission
on Religious Freedom or by Human Rights Watch. Instead of venting
anger over being criticized, the Saudis should realize that consequences
will ultimately result from violating the rights of women. They
may want to ponder historical accounts of the ending of the slave
trade. It was banned in America in the 1860s. It ended much later
in the Arab world and was abandoned only in the mid-1960s in Saudi
Arabia. In any case, no one needs to remind them that Wahhabism,
the state religion of Saudi Arabia, begat the Taliban.
An observer, referring to the example of South Africa,
said that companies that applied the Sullivan Principles to their
operations there had a very positive impact on creating change or
encouraging it within the country. Another observer remarked that
many corporations learned how boycotts actually worked. After they
boycotted Israel, their products, in turn, were subject to substantial
boycotts in the United States. If women said that they would not
buy another cup of coffee from Starbucks until it respects womens
rights in Saudi Arabia, the company would react positively. But
corporations respond economically, not in other way. At any rate,
corporate responsibility is not the subject of this roundtable,
although it is worthy of discussion in a subsequent forum.
The Flow of Oil
An observer reminded everyone that the recommendations
of the roundtable should take into account the national interests
of the United States. It is in American national interests to maintain
the free flow of oil. There should be a balance between the need
for oil and ways of doing justice to all rights, including those
of women. He thought that establishing the right balance was a major
problem for Americans as well as Western Europeans.
A panelist observed that the Saudis have to sell their
oil. They cannot afford not to sell it. And America needs to buy
it. There are ways other than those relating to economics to pressure
the Saudis. For instance, the United States can stop inviting the
Saudi princes to the White House. That exclusionary device was used
against Arafat. The point that is raised again and again is that
womens issues are not considered serious enough to provoke
a controversy. It is argued that no American diplomat would sit
down with an Arab government official and say, You are no
longer welcome in the White House because you treat half of your
population terribly.
Consistency is the most important aspect of handling
the problem of womens rights in the region. The United States
cannot give the impression that it cares about Iraqi women but not
Kuwaiti women.
Another panelist remarked that at the moment the United
States is pressuring Saudi Arabia to stop harboring and fomenting
Islamist terrorism. The Saudis are reacting the same way they reacted
to U.S. questions about education and other subjects. Now there
is a kind of stalemate. If there is no further prodding, nothing
will happen. Oil remains a risk It is true that the Saudis have
to sell their oil. But there are buyers other than the United States.
In the future America may not be the largest consumer of Saudi oil,
for China and India are becoming major users. On womens issues,
it is argued, if the United States pushes too much, the Saudi government
may become destabilized. The time has come to convince the Saudis
that doing nothing will still be destabilizing. The United States
should not return to the policy of doing nothing in the case of
Saudi Arabia.
A panelist added that the day on which change happens
in Saudi Arabia for Saudi women will be the day that change occurs
in the rest of the Muslim world.
Action through the United Nations
In recognition of the fact that equality between men
and women is inscribed in the Charter of the UN and in the Universal
Declaration of Human Rights, it was proposed to ask the secretary
general of the United Nations to identify in his annual report to
the General Assembly the countries that practice discrimination
against women.
An observer remarked that the UN has appointed a special
rapporteur on violence against women. One panelist said that UN
official would do nothing because action would be impeded by all
the reservations that had been made to the Convention on the Elimination
of Discrimination Against Women. During the 1994 Cairo Conference
on Population, as well as the 1995 Beijing Conference on Women,
the Vatican, many Catholic and Muslim countries, and the American
right-wing Christian Coalition got together and decided that female
sexuality and womens rights constitute a huge problem. Since
then they have disrupted almost every UN meeting (or those of other
international forums) on womens rights.
Another panelist mentioned the annual State Department
report on trafficking of women and children in which countries are
ranked in several categories according to the gravity of the situation
and the political will of governments to address the problem. It
is not a perfect report, for U.S. allies are often ranked highly,
but it is a mechanism that is taken seriously by countries and governments
that want to find out to which category they have been assigned
and determine whether their responses have been convincing. A similar
report about discriminatory laws and practices against womenwhether
included in family law, in penal law, in citizenship law, and so
onwould certainly prove to be effective. There has been some
debate about whether to create in the UN a special rapporteur on
discriminatory laws and practices against women. This would certainly
be a useful initiative.
It was remarked that Turkey recently revised its penal
and human rights codes not for the sake of womens rights but
because it wants to join the European Union. It would be better
to establish a Commission on Womens Issues, modeled on the
Commission on Religious Freedom, for the purpose of publishing a
report that would publicly shame countries that practice discrimination
against women. It wont target Arab countries alone; others
need to be identified too, for women in those countries need to
know that people are paying attention to their plight and problemsknowledge
that will galvanize them to take action. A student in the American
University of Beirut recently said that the Lebanese have been demonstrating
against the Syrian occupation of Lebanon since 1989 but only now
are people paying attention because of what he calls an intersection
of interests. We must let the people in the Middle East know that
our interests and theirs intersect and that we are paying attention
to them.
An observer wondered whether expanding the special
section about women in the annual report that the State Department
issues would take care of the problem. A panelist expressed doubt,
observing that the State Departments reporting downplays the
negative aspects of some of the practices followed by U.S. allies.
It was also observed that a U.S. government report would have a
questionable impact given the anti-American mood in the Middle East.
Follow-up Conference
It was stated that the NCAFP envisaged holding a briefing
on this roundtable for its general membership. It would feature
some of the panelists who were willing to talk and to answer questions.
This briefing will probably be held in September.
Though welcoming the idea, a participant said that
the roundtable has started a dialogue whose importance needs no
underlining. The question of the role that Arab women can play in
changing the Middle East is certainly going to dominate all discussions
in the near future. This participant concluded that it would be
useful to have a larger follow-up conference with the same panelists
and others who were not able to attend the roundtable. She added
that some women from the Middle East should also be invited, especially
those who are here to attend UN meetings. Such a conference would
catch the attention of the media and have a great resonance both
here and in the region.
An observer asked whether it would be advisable to
invite some women from non-Arab countries. It was remarked that
the problems faced by women in the Arab world are more acute than
and somehow different from theirs. Actually the situation of women
in other Muslim countries is changing, though often slowly. Inviting
all the Muslim countries in the world would confuse the issue. Once
change is triggered in the Arab world, it would certainly be useful
to have a conference, including women from all over the Muslim world.
It was agreed that a follow-up conference would be
held.
Womens Rights as Charity
With reference to information mentioned during the
discussions, some doubts were expressed about action taken by the
kings of Jordan and Morocco in order to improve the condition of
women. Womens rights are not gifts that can be
bestowed by leaders. They are part of universal and mandatory human
rights. The same comment applies to measures dictated by presidents
who often appoint their wives or other members of their families
to deal with the rights of women. In fact, if they really wanted
to improve the status of women, leaders would encourage womens
organizations to work in the open to obtain their rights. Rights
bestowed from on high can be taken back when there is a change of
leadership. Paternalistic acts perpetuate tribal-patriarchal structures
and help to convince the leadership that they are dispensing charity
to specific target groups that are not entitled to rights stemming
from their status as humans. That does not help to reinforce the
language of human rights.
It was recalled that the NCAFP is basically concerned
with U.S. security interests. The Committee maintains that the solution
of many of the problems in the Arab and Muslim world should focus
on the status of women. The more freedom women have, the more democratic
or civil institutions there will be. The growth of civil society
in Arab countries is in the security interests of the United States.
NGOs dealing with womens rights should be helped
in their fight to implement those rights.
Womens Rights and Islamic Law
It was remarked that notwithstanding the fact that
the roundtable should avoid theological discussions, it is obvious
that some aspects of womens condition are governed by Islamic
law (sharia). Consequently, shouldnt the roundtable address
the problem of reforming those aspects of sharia?
A participant answered that we should tell Arab governments
that human rights are universal. They are included in the Charter
of the United Nations. Countries that want to go back to the strict
observation of some or all parts of sharia that pertain to human
rights should be reminded that the practices that they want to adopt
are in contravention of the UN Charter. Sharia is not our problem.
Our problem involves spreading human rights. If countries want to
remain in the UN, they must respect human rights.
Agreeing with that statement, a panelist added that
the existence of sharia is one of the excuses countries use in order
to make reservations regarding anything they sign in the UN. It
is always the excuse of sharia or culture or tradition. In fact,
sharia is interpreted differently in different countries. It is
often used only against women. Giving Egypt as an example, she said
that sharia is mostly used in the case of family law that concerns
marriage, divorce, the custody of children, and the like, whereas
the rest of the Egyptian legal system is governed by a mixture of
civil law modeled on European laws and remnants of the Ottoman codes.
Human rights conventions have to take precedence. Many Muslim scholars
living in the West, as well as a number of others who live in the
region, say that this is a side point. They reiterate that contention
by stating, We are not going to get into the world of sharia
and discuss how to change it. We have to understand that what takes
precedence here are universal human rights.
This panelist added that it was important to include
in this domain young women and young people in general because they
constitute more than 60 percent of the Arab world. A number of young
people should be included in future roundtables.
SUMMARY OF RECOMMENDATIONS
- American foreign policy should be consistent: The United States
must apply human rights standards uniformly in its relations with
all the countries of the region.
- When dealing with officials of Middle East countries, U.S. officials
should always remind them of their obligations to respect human
rights and womens rights enshrined in the Charter of the
United Nations and in the Universal Declaration of Human Rights.
- The State Department should expand the section concerning womens
rights in its annual report.
- Financial assistance designed to foster change and empower women
should not be funneled through organizations that are under governmental
control.
- Exchanges of professional women between the United States and
countries in the region should be expanded to cover various fields
of activity.
- A network of Arab-American professionals possessing enough financial
backing to support different projects in the Middle East should
be created.
- University exchanges designed to enhance the skills of beneficiaries
should be expanded.
- Corporations doing business in the Middle East should abide
by the same human rights standards that they observe in the United
States.
- The NCAFP should convene a roundtable on corporate responsibility.
- In his annual report to the General Assembly, the secretary
general of the UN should identify the countries that do not respect
human rights and especially those that discriminate against women.
- The UN should appoint a special rapporteur on discriminatory
laws and practices against women.
- A Commission on Womens Issues, similar to the Commission
on Religious Freedom, should be set up.
- The exception based on cultural sensitivity should
not obscure human rights violations.
- Women should be encouraged to boycott the products of companies
that gloss over the violation of womens rights in Middle
East countries where they do business.
- A larger conference on the role of Arab women in the Middle
East should be convened by the NCAFP.
Notes
1. Arab Human Development Report. Creating Opportunities
for the Future. New York, the United Nations Development Program,
2002.
2. National Committee on American Foreign Policy.
Summary of and Recommendations from the Roundtable on Democratic
Reform and the Role of Women in the Muslim World, held in New York,
March 29, 2004.
3. See note 1.
4. See note 2.
LIST OF ATTENDEES
NCAFP Hosts
Dr. George D. Schwab, President
National Committee on American Foreign Policy
The Honorable Fereydoun Hoveyda
Roundtable Cochair, Project Director
National Committee on American Foreign Policy
Ms. Grace Kennan Warnecke
Roundtable Cochair
National Committee on American Foreign Policy
Presenters
Ms. Farida Deif
Middle East and North Africa Researcher
Womens Rights Division, Human Rights Watch
Ms. Mona Eltahawy
Journalist and Commentator
Ms. Mona Aboelnaga Kanaan
Vice Chairman, Senior Managing Director,
Head of Strategic Development and Acquisitions
Overture Asset Managers, LLC
Dr. Sherifa Zuhur
Distinguished Visiting Research Professor of National Security
Affairs
Strategic Studies Institute
U.S. Army War College
Participants
Mr. Steven Chernys, Member
National Committee on American Foreign Policy
Ms. Jane De Falco, Member
National Committee on American Foreign Policy
Ms. Jesse D. Gass, Assistant to the President
National Committee on American Foreign Policy
Dr. Susan Aurelia Gitelson, Trustee
National Committee on American Foreign Policy
Professor George E. Gruen, Adviser
National Committee on American Foreign Policy
Ms. Judith Hernstadt, Trustee
National Committee on American Foreign Policy
Ms. Madeline Konigsberg, Trustee
National Committee on American Foreign Policy
Ms. Edwina McMahon, Senior Fellow
National Committee on American Foreign Policy
Donald S. Rice, Esq., Senior Vice President
National Committee on American Foreign Policy
Mrs. Genie H. Rice, Member
National Committee on American Foreign Policy
Ms. Sheila Johnson Robbins, Member
National Committee on American Foreign Policy
Mrs. Edith Rudolf, Member
National Committee on American Foreign Policy
Mr. William M. Rudolf, Executive Vice President
National Committee on American Foreign Policy
Ms. Monica L. Scott, Program Director
National Committee on American Foreign Policy
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