CEDAW and Saudi Arabia Essay Example

CEDAW and Saudi Arabia Essay Example CEDAW and Saudi Arabia Essay CEDAW and Saudi Arabia Essay Name: Tutor: Course: Date: CEDAW and Saudi Arabia Introduction The convention on the elimination of all forms of discrimination (CEDAW) is a treaty adopted by the United Nations (UN) general assembly in 1979. It has a preamble and thirty articles, which define the meaning of discrimination against women and details the means of ending such discrimination. States and governments, which accept the gathering, have to commit themselves towards ensuring that they end any form of discrimination towards women. This includes trafficking and any exploitation of women. Governments must ensue that women have equal chances of representation in employment and political matters. They must ensure that women receive the right of education and healthcare. To enhance accountability, countries have to prepare and submit reports detailing the measures they have taken towards realizing the objectives of the treaty after every four years (UN).[1] CEDAW is the only international treaty that focuses on prejudice not in favor of women. By November 2010, 186 countries ha d ratified or acceded to the gathering. Countries not party to the gathering include Iran, Somalia, Sudan, Tonga, Nauru and Palau.[2] Some of the countries, such as Saudi Arabia, which have ratified the convention, continue to face varying levels of discrimination towards women. This makes many people question the advantage of signing such a treaty. Since its inception, the gathering has laid out different measures that help towards fulfilling its objectives. Supporters of the gathering claim that it has helped to bring some level of equality for the women, and it has helped many governments to set up agendas and establish laws that will help in enhancing women’s rights. However, those who oppose ratifying the gathering site different reasons such as interfering with a country’s sovereignty, and the inability of the gathering to make any significant changes regarding women’s issues. Saudi Arabia ratified CEDAW in the year 2000. However, Saudi Arabia had some reservations when it ratified the gathering. The kingdom â€Å"does not consider itself bound by paragraph 2 of article 9 of the gathering and paragraph 1 of article 29 of the gathering.† Paragraph 2 of article 9 states, â€Å"States parties shall grant women equal rights with men respect to the nationality of their children (UN).† Paragraph 1 of article 29 states, â€Å"any dispute between two or more states parties concerning the interpretation of application of the present gathering which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months of arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice (UN)†.[3]Another reservation is that the kingdom is not under any obligation to observe any terms of the gatherin g, which are contrary to Islamic law. Analysis Saudi Arabia is an Islamic country bound by Islamic laws, culture, traditions, beliefs and practices. Saudi Arabia operates under the sharia law, and this law hinders it from engaging with other countries at an international level. Many Islamic countries do not sign or ratify international treaties if they consider them contrary to sharia law.[4] Several questions arise regarding the kingdom’s commitment towards fulfilling its obligations because of the decisions made to make the reservations. The kingdom refuses to recognize women’s full and equal rights to men because of its refusal to observe paragraph two of article nine of the gathering. Since the country places its laws above international treaties, it continues to observe the restrictive Islamic sharia laws, most of which are prohibitive. In addition, many Islamic governments do not agree on the interpretation of different sharia laws. Some of these governments tend to be more liberal regarding women’s iss ues, while some are conservative and restrictive. For instance, women in Saudi Arabia are not allowed to drive or vote.[5] People’s attitudes regarding women’s freedom and equality depend on their attitude and perception. Thus, although some prohibitive practices are not contained in the country’s laws, people continue practicing them because of what they believe. Despite the reservations, the kingdom had managed to identify mechanisms, which had helped in addressing violence towards women by 2008. Furthermore, the kingdom had established laws that would recognize women’s rights. It had amended several laws, in recognition of the rules and policies of the gathering.[6] Many Islamic states are patriarchy states, and Saudi Arabia is no exception. Discriminatory policies in Saudi Arabia are protected by the law. Thus, women will have second priority in matters, family, social, political, education, and civic life. Saudi Arabia enforces sexual segregation, and this makes it an excuse for women to lack jobs, receive an inferior education, and miss an opportunity to participate in political affairs. Although the convention does not discourage sex segregation in education, it requires that both men and women receive the same quality of education. However, women in the kingdom continue to receive inferior education and they have unequal opportunities.[7] For instance, women are not allowed to enroll in certain courses such as engineering, geology, and politics because they will interact with men and the government does not encourage this because it supports sex segregation in all sectors of life.[8] Saudi Arabian women lack a voice in many issues. They have few chances of getting meaningful employment, even after going through university education. They do not get a chance to participate in public affairs because they do not engage in political and civic life. Sex segregation made it impossible for women to vote. Socially, women are not allowed to drive cars or go to some places when unaccompanied by their guardians, who include husbands, fathers, and brothers.[9] The requirement that countries submit reports towards showing the measures they have established to safeguard women’s rights, does not help matters, in Saudi Arabia, as the government does not give satisfactory results and it avoids responding to sensitive issues regarding women’s rights.[10] The reports are supposed to pressurize the government towards ensuring that it recognizes the rights of women. The reports are also a way for various groups in the country to check on the level of the government†™s commitment. Different NGOs in the country submit a shadow report to CEDAW. The report contains additional information on the government’s performance, other than that submitted formally by the government.[11] Different UN agencies help the NGOs in producing the reports. Over the years, the role of these organizations has become more important. The NGOs are allowed to sit through meetings in the conference room, although they are passive participants in the proceedings.[12] Producing shadow reports in Saudi Arabia is challenging because there are no NGOs in the country. However, different individuals, under the group Saudi Women for Reform, worked together to produce a shadow report in December 2007. The report asserted that women continue facing discrimination, and there is no end in sight for this discrimination to end. Further, the report noted different forms of discrimination that women face daily.[13] The report observes how women face different forms of sexual abuse under me. Women know very little concerning their rights and they do not know about CEDAW. Some Saudi Arabian nationals oppose the idea of women’s rights and equalities because they consider it a western issue. Women in Saudi are considered holders of tradition, and they are important in ensuring that the western way of thinking does not permeate the society.[14] Allowing them to have some level of liberty regarding certain issues is tantamount to giving them the freedom to abandon their culture. Reports on women discrimination in the kingdom are further confirmed by amnesty international. The organization observes how women continue to face discrimination in law and in practice.[15] More reports by Human Rights Watch confirm different forms of discrimination. The organization notes how the authorities have failed to protect women, and how injustice continues to reign in the country in form of unfair trials. Such cases of discrimination are demonstrated in women’s lives. For instance, women receive education, some up to the highest level possible, but they are not allowed to practice their profession.[16] The BBC reported the case of a woman who had to struggle to become a surgeon. Her father only allowed her to study on the condition that her family would receive and use her salary. Further, she was not allowed to marry the man of her choice. The woman was punished every time she dared to speak out against the injustice she suffered. Her story represents many women in the country, who have to go through many obstacles to secure simple life necessities.[17] Negative Aspects of the Convention Those who oppose the gathering cite some factors such as the limiting issues in Saudi Arabia. The gathering has failed to achieve greater equality for the women in the kingdom. There is greater scrutiny of women issues in the kingdom. Different international organizations have raised issue of the detail that women in the kingdom continue facing high levels of discrimination. Since the country ratified the treaty, it has not done much to advance the standing of women in the nation. The gathering does not have sufficient powers to ensure that the nations that have confirmed the treaty do not make reservations, and that they observe gender equality. Therefore, countries can ratify the treaty but they can in turn make as many reservations as they want. The reservations made are contrary to the intention of the gathering. Some of the countries, other than Saudi Arabia, which have ratified, the treaty, continue to deny women their rights, and to exercise different forms of abuse. Women con tinue to suffer varying forms of discrimination in different countries around the world. They continue to lack economic, political, and education opportunities. Saudi men continue oppressing women and they get away with it because the judicial system encourages different forms of abuse. A Saudi woman can be beaten by her husband, her father, or even her brother. Saudi men control women’s lives, including any movement they make through the male guardian system. Women need men permission or accompaniment to register in school, get jobs, and go to the hospital for treatment.[18] Some governments do not take any other effort of ensuring that they have solved women’s problems and issues, since they rely on the gathering as the only source of such information. Such governments end up denying women their right of equality. This is the case in Saudi Arabia. The government has not taken any other measure to ensure that it has established laws that will protect women. It continues depending on the gathering, despite the measures it has taken to make the reservations.[19] The gathering cannot work alone, since it needs the input of other gatherings and treaties, as this will ensure maximum benefits for women.[20] Some of the principles contained in the gathering are not as strong, and they do not cover the necessities to ensure a realization of women’s rights. For instance, the gathering takes a general approach regarding women’s issues, and it does not recognize the need of mentioning the importance of maintaining racial equality.[21] Some coun tries fail to submit their reports or they submit them long after they are due. This could be a reflection of failure in those countries in failing to meet their objectives. Change in perception regarding the importance of recognizing women’s rights directly relates to people’s mindsets regarding women. Irrespective of how many policies the gathering committee recommends, countries will only be able to recognize the equality of women if they manage to change people’s mindset and attitude. Some people continue to hold different stereotypes regarding women’s issues, and for such people, they will not want to recognize women’s rights and equality. The gathering does not have the power to do anything. It cannot impose any fines or penalties to the countries that fail to submit its reports or follow the recommendations set by the gathering. The conference can only name and shame the countries that have failed to meet their objectives.[22] Shaming countries is not enough to ensure that it develops any measures to recognize women’s rights. Some critics have claimed that the gathering is a form of inequality because of i ts central focus towards women. It does not recognize the complexities of gender and race, and it continues to advocate for women’s rights.[23] Other critics claim that to appreciate and recognize women’s rights fully, people have to go beyond observing gender issues to identifying other dissimilarities amid men and women, such as physical strength and reproductive issues.[24] Positive Aspects of the Convention Those who support the gathering cite the benefit of the gathering in raising awareness on women’s issues. Many governments have been able to recognize the need to consider women for various appointments because of the gathering.[25] Some governments have gone as far as incorporating the laws and policies of the gathering in their legal framework. They have been able to change the domestic laws, which were not in agreement with the laws set by the gathering, and this has enabled them to improve the affairs of the women in their country.[26] The introduction of the gathering in many countries helped in redefining the role of women, and in strengthening women activists and individuals in many countries. Over the years, there has been a general perception that women’s role within a society involves bearing children and looking after the home. For a long time, many women, especially in the developing regions, held on to this perception. Thus, they never did anything differen t to build their lives. However, the introduction of the gathering in many state laws has ensured that women have greater opportunities. Despite the obvious limitations, Saudi Arabia has made some changes that favor women, or minimize the level of discrimination leveled towards them by the men. The kingdom has introduced new laws that will allow women to work as lawyers. [27] The kingdom has made changes by allowing women to take governing positions. The king has granted women thirty seats on the top advisory council. This is the first time that woman are holding such a position. Women will run for political office as they seek to be elected in the municipal elections in the year 2015.[28] This is a great stride for the women since they were previously not allowed to vote. The king has gradually introduced reforms in the country, although they are all conditional since they have to comply with the strict religious laws. The government has given permission for women to participate in sports. This is on condition that they do it under the supervision of the female teachers, since men cannot see the women wearing trouser s.[29] Women are now allowed to ride bikes and motorcycles, though they can only do so when wearing the full Muslims attire, and in the company of male guardians. Women recognize that they can do more with their lives, apart from engaging in family duties. The gathering has enabled many women to engage in different economic activities in addition to contribute in the running of the country. This would not have been possible without the introduction of the caucus, along with the willingness of many governments to participate in ensuring that the gathering becomes practical. The gathering has helped in ensuring that women receive equal shares in wealth, especially through inheritance, and that they have an equal share in marriage and divorce agreements. The gathering has given many women the chance to have their voice heard. It has given women a platform to raise various concerns, and they have been able to raise awareness on the violence they face, and on any other forms of abuse. This has ensured that governments and other organizations are more active towards ensuring an end to different forms of gender and sexual based abuse. The gathering receives reports from other agencies, which enables it to determine the extent of discrimination against women. For instance, Food and (FAO) has established gender inequalities in land distribution and ownership among women in rural community. Through the policies set by CEDAW, the agency has been able to determine some of the appropriate measures it can take to ensure that rural women are able to cultivate their land and benefit from it.[30] The gathering has increased awareness of women’s issues, as element of human civil liberties. It has fuelled interest among other organizations, and these organizations use the awareness raised by the gathering to influence other national policies and agendas.[31] Because of this, nations have addressed other issues of concerns including race and disability issues. Countries are able to learn from each other, as they identify the measures that each of them is taking towards realizing the fulfillment of the intentions of the gathering. Countries of a more similar cultural background will identify with each other, and they will learn better from each other. Such countries may decide to formulate different recommendations from those offered by the committee. Those who support the gathering agree that it has several limitations, which render it ineffective. The success and the effectiveness of the gathering depend upon the willingness of the respective governments. If the governments are not willing to recognize women’s rights, then they will establish several reservations, such as the case in Saudi Arabia. These reservations will reduce any chance that the country has of ensuring that women have equal representation in all sectors of life. Some countries continue to be tied to their traditional, cultural, and religious practices. They place their practices above the laws of any international treaties and gatherings. This has limited their willingness towards ensuring that they abide by the recommendations and rules of the gathering. In many countries, culture is a major hindrance towards realizing women’s equality.[32] People are set in their cultural ways, and they do not want to deviate from them. This is especially the c ase regarding family and marriage issues. The gathering recognizes that cultural values are different, but it does not expect people to abuse basic human rights as an excuse of observing their culture. Religion plays a major part in determining whether people will recognize women’s rights. However, this is mostly in Islamic countries, where religion tends to define not only the law, but also cultural beliefs and practices. Conclusion CEDAW has a noble and great idea of humanizing the position of women around the world. It has managed to raise awareness concerning many issues affecting women globally. This has made many governments to recognize the importance of upholding women’s issues. Some governments have integrated the policies and recommendations set by the gathering within their domestic laws and by doing so, they have ensured that women’s rights are guaranteed in their country. The gathering has managed to attract many countries to ratify it since it was first established. More than one hundred and eighty countries have ratified the gathering. However, some of these countries have made several reservations, some of which have exempted them from observing the fulfillment of the objectives. Saudi Arabia ratified the gathering, but its decision to place the Islamic laws above any other treaty or law seems to have defeated the principle of the gathering. The gathering does not have enough power t o enforce countries to follow its policies. In addition, many women around the world continue facing discrimination, even though their countries have ratified the treaty. Bibliography Institutional Documents Amnesty International. Annual Report 2012: Saudi Arabia. Last modified 2012, amnesty.org/en/region/saudi-arabia/report-2012#section-31-6 FAO. The Role of FAO: FAO and the Technical Cooperation Programme. Last modified 2007 Retrieved from fao.org/docrep/008/y5951e/y5951e04.htm UN. Gathering on the Elimination of all Forms of Discrimination against Women. Last modified 2009. un.org/womenwatch/daw/cedaw/text/econvention.htm#article9 United Nations Department of Public Information. Short History of CEDAW Convention. un.org/womenwatch/daw/cedaw/history.htm Books Abiad Nisrine. Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study. London: BIICL, 2008 Blanchfield Luisa. U.N. Gathering on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate. Darby: DIANE Publishing Goonesekere Savitri. Violence, Law and Women’s Rights in South Asia. Thousand Oaks: SAGE, 2004 Krivenko Y. Ekaterina. Women, Islam, and International Law: Within the Context of the Gathering on the Elimination of All Forms of Discrimination against Women. Leiden: BRILL, 2009. Merry, E. Sally. Human Rights and Gender Violence: Translating International Law into Local Justice. Chicago: University of Chicago Press, 2009 Opeskin, Brian, Perruchoud Richard and Jillyanne R. Cross. Foundations of International Migration Law. Cambridge: Cambridge University Press, 2012 Seznec Jean-Francois and Mimi Kirk. Industrialization in the Gulf: A Socioeconomic Revolution. Oxford: Taylor Francis, 2010 Waters P. Christopher. British and Canadian Perspectives on International Law. Martinus Nijhoff Publishers, 2006 Periodicals Rosenblaum, Darren. â€Å"Unsex Cedaw, or what’s wrong with Women’s Rights.† Columbia Journal of Gender and Law20 (2011) Warren, S. Christie. â€Å"Lifting the Veil: Women and Islamic Law.† Cardozo Journal of Law Gender15, (2008): 33-64 Zwingel, Susanne. â€Å"From intergovernmental negotiations to (sub)national change: A transnational perspective on the impact of cedaw.† International Feminist Journal of Politics7, no. 3 (2005) Newspapers and Broadcasts Alyami, Ali. â€Å"What Saudi Veils cannot Conceal.† Sharnoff’s Global Views, May 7, 2013. sharnoffsglobalviews.com/saudi-veils-044/ Associated Press. â€Å"Saudi King Allows Women on Top Advisory Council.† The Guardian, January 11, 2013. guardian.co.uk/world/2013/jan/11/saudi-king-allows-women-advisory-council Associated Press. â€Å"Saudi Arabia to Allow Girls to Play Sport at Private Schools.† The Guardian, May 5, 2013. guardian.co.uk/world/2013/may/05/saudi-arabia-allows-women-sport Lee, Dave. â€Å"Saudi Arabian Women challenges male guardianship laws. BBC, June 29, 2011. bbc.co.uk/news/world-middle-east-13932287 Paddison, Laura. Can Law Firms with Offices in Saudi Arabia take Women’s Rights Seriously? The Guardian, October 23, 2012 Unpublished materials Human Rights Watch. Perpetual Minors: human Rights Abuses Stemming from Male Guardianship and Sex Segregation in Saudi Arabia. Last modified 2008. hrw.org/sites/default/files/reports/saudiarabia0408webwcover.pdf Human Rights Watch. World Report 2013: Saudi Arabia. Last modified 2013. hrw.org/world-report/2013/country-chapters/saudi-arabia Saudi Women for Reform. The Shadow Report for CEDAW Prepared by ‘Saudi Women for Reform’ Saudi Arabia. Last modified December 2007. http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/womenreform40.pdf [1] United Nations Department of Public Information. Short History of CEDAW Convention. un.org/womenwatch/daw/cedaw/history.htm