Women in Development and Peace – Ahmed Bajoaim
Countries experiencing prolonged conflicts are fertile ground for the spread of violence against women, a horrific phenomenon that continues to challenge international efforts aimed at eliminating or reducing its severity. Among these countries is Yemen, an example of where women suffer from various forms of violence, ranging from physical and psychological violence to sexual and economic violence, and more.
With the escalation of armed conflict in Yemen, cases of violence against women have significantly increased, and the absence of strict laws that criminalize or impose harsh penalties on perpetrators of violence has been one of the key factors exacerbating the phenomenon, despite Yemen having ratified many international agreements concerning the protection of women’s rights.
In this report, we will shed light on the reasons for violence against women from the perspective of international law, analyze the legal context governing women’s rights and the available mechanisms for their protection, the challenges facing the implementation of laws related to protecting women from violence on the ground, and propose solutions and recommendations to enhance women’s rights and reduce violence from the perspective of relevant authorities.
International Laws
The United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on December 18, 1979, which included 30 articles all criminalizing discrimination against women. It has been ratified by approximately 100 countries around the world, committing to all its provisions. The Convention entered into force as an international treaty on September 3, 1981, separating women’s rights in various aspects, affirming women’s equality with men in rights and duties, freedoms, and participation, without explicitly addressing violence. It implicitly expressed the protection of women from any form of discrimination, including violence.
According to the official United Nations website, this Convention must be implemented in member states that have ratified it, relying on legislative measures and establishing legal protection for women’s rights. Sanctions should be imposed when necessary, with a ban on all forms of gender discrimination. The Convention crowns efforts that lasted about 30 years by the United Nations Commission on Women.
The University of Minnesota published the document stating that the United States established an international agreement on preventing and eradicating violence against women and punishing it in 1994, which was ratified by many countries. The agreement emphasized that violence against women constitutes a blatant violation of their rights and fundamental freedoms, as well as a crime against human dignity. The agreement aims to make a positive contribution to protecting women’s rights and eliminating violence in all its forms.
According to the document, all 25 articles included rejecting violence against women and imposing deterrent penalties on perpetrators. Article 8, in one of its clauses, also encouraged international cooperation to exchange ideas and experiences and implement programs that focus on protecting women who are subjected to violence, to enhance women’s protection, especially in countries suffering from political instability, including Yemen.
Dr. Dhia Muhairaz, a member of the National Committee for Investigating Human Rights Violations, pointed out that the most prominent international laws combating violence against women are the Universal Declaration of Human Rights adopted by the United Nations in 1948, but it is not legally binding on states, and the Fourth Geneva Convention and its protocols of 1949, which emphasize the necessity for women to enjoy equal rights with men during conflicts, to be treated specially because of their gender, and to be protected from any violations, including rape and others.
She added that the 1993 World Conference on Human Rights recognized violence against women as a violation of human rights, and the “Beijing” action plan adopted by the Fourth World Conference on Women in 1995 calls on governments to enact, implement, and review legislation to ensure its effectiveness in combating violence against women. Additionally, Security Council resolutions on peace, security, and women (1325, 1820, 1888, and 1889) specifically address violence against women in conflict. The basic Rome Statute established by the International Criminal Court, the Convention against Torture, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, along with other agreements, also contribute to addressing violence against women.
Yemen’s Ratified Agreements
Judge Muhairaz clarified that Yemen has ratified a set of international agreements to combat violence or discrimination against women, including the International Covenant on Civil and Political Rights related to women’s participation in politics and education, and the International Covenant on Economic, Social, and Cultural Rights on February 9, 1987. However, Yemen has not ratified the Optional Protocol to the International Covenant on Civil and Political Rights or the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Muhairaz also noted that Yemen has not recognized the importance of the Committee against Torture under Article 22 of the Convention against Torture and other Cruelties, Inhuman or Degrading Treatment or Punishment, nor the importance of the Committee on the Elimination of Racial Discrimination under Article 14 of the Convention on the Elimination of Racial Discrimination in receiving and processing individual communications.
Expert Opinions
Lawyer Fatima Al-Batati believes that Yemeni laws are clear and equal when it comes to perpetrators of physical violence against both genders. However, the dilemma lies in the fact that women cannot complain against their guardians due to societal shame, based on customs and traditions that prevent them from finding a safe haven without their relatives and having financial independence. Even if a woman has income, her guardian can force her to live with him and has the right – according to customs – to prevent her from education, work, travel, and all decisions in her life, despite constitutional texts requiring equality in education and work for both men and women.
Al-Batati explained that Yemeni constitutional laws were not explicit about punishing those who prevent women from exercising their rights, which helped prevent women from doing anything without their guardian’s approval. She suggested that existing laws should be activated to hold men accountable for their responsibilities towards women, with alimony being one of the most important; alimony should be based on the current standard of living rather than the man’s income spent on her, and he should be required to work and seek income if his financial support is insufficient. Additionally, shelters should be utilized to accommodate women comfortably and prevent their abusers from reaching them, and internal regulations requiring guardian approval should be abolished.
On the other hand, lawyer Marwa Al-Daini said, “Although the laws are sound regarding protecting and preserving women’s rights, the problem lies in their enforcement. Traditions and customs have a stronger influence in local communities, especially concerning women, within the boundaries of shame and disgrace. This leaves their rights suppressed and not visible, making women vulnerable to any form of violence due to legal loopholes.”
Similarly, lawyer Itab Al-Amoodi mentioned that women’s rights provisions in Yemeni law are good, but there are parties hindering law enforcement, which has had a clear impact after the country entered into conflict between conflicting parties, leading to a setback in the judiciary’s credibility and independence. Women are often victims of domestic and societal violence as a result of this regression.
Law Enforcement
Judge Dhia Muhairaz confirms that there is no specific law in Yemen to combat violence against women and girls, nor is there an explicit provision criminalizing domestic violence against women. However, Article 41 of the Yemeni Constitution states that “all citizens are equal in rights and public duties,” but women in Yemen face many obstacles to their human rights despite the state taking some steps towards integrating them into the decision-making process. Judge Muhairaz noted that in 2014, a draft law combating violence against women and girls was prepared by the National Women’s Committee and legal experts, submitted to Parliament, but the project was halted due to armed conflict. Unfortunately, legal protection in Yemeni legislation for women is not comprehensive; there are legal gaps allowing violence against women, and there is no specific law protecting women from violence. For example, the Penal Code criminalizes physical harm but does not specifically address domestic violence, such as spousal abuse being considered disciplinary action.
She also pointed out that allowing forced marriage for girls and women decided by the guardian or male custodian, and child marriages leading many girls to drop out of school and face pregnancy and childbirth at an early age, are among the most severe forms of violence against women. This is due to a loophole in Yemeni law, endangering women’s health, and the phenomenon has worsened after the conflict in Yemen broke out due to poor economic conditions.
Recommendations
Muhairaz mentioned a set of recommendations to eliminate or reduce violence against Yemeni women, including raising awareness in society about the serious consequences of violence in all psychological and physical aspects on women, the family, and the community, adopting a moderate religious discourse on women’s issues and their roles in social, economic, and political life, and increasing their level of protection, changing systems and laws to act as a deterrent against violence against women, and ending impunity under any pretext. She also emphasized the importance of supporting women victims of violence by providing the necessary services that contribute to their reintegration into society, integrating gender concepts into all plans in the post-conflict phase, committing to a women’s quota of not less than 30% in security and peace programs, and implementing transitional justice mechanisms in bodies responsible for reviewing the constitution and building state institutions.
Lawyer Al-Daini also proposed some recommendations, including informing women about their rights and expanding their knowledge of the laws that support them, clarifying the relevant authorities that women can turn to in case of any violence against them, whether physical or verbal and working to educate Yemeni society – especially men – about the importance of women’s role, their rights guaranteed by religious law and legislation and their duties.
It can be said that it is essential to raise community awareness about the importance of protecting women’s rights and working to end violence against them. This can only be achieved through the activation of stricter and more unified laws and constitutional provisions in this context, along with the application of international law, which has become necessary to ensure the implementation of laws and regulations related to the protection of women in Yemen.