Saturday, February 17, 2007
Compiled by Aishah
Schwartz
Say 'No' To
Forced Divorce - 'Yes' to Reforms
Petition to THE CUSTODIAN OF THE TWO HOLY MOSQUES, KING ABDULLAH BIN ABDUL
AZIZ
QUICK FACTS AND INFORMATION REFERENCES
Press Release - Feb. 5, 2007
Muslimah Writers Alliance Joins
in Petitioning Saudi Arabia for Reversal of Forced Divorce
http://muslimahwritersalliance.com/mwa-community/support_elimination_of_gender_bias_ksa.htm
Press Release -
Muslimah Writers
http://prweb.com/releases/2007/2/prweb505146.htm
Petition
http://www.petitiononline.com/no24orce/petition.html
Where to Sign Petition
http://www.petitiononline.com/no24orce/petition-sign.html
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Chronological Log of Media Coverage
http://muslimahwritersalliance.com/mwa-community/al-timani_case_chronology.htm
Result of September 2006 MWA
Grand Mosque Equal Access for Women Petition
http://www.muslimahwritersalliance.com/MWA-GMEA4W/Press-Release2.html
Human Rights position statements
made in the Kingdom's Memorandum to The General Secretariat of the Arab League*
outlining its position for ABSTAINING from signing 'The International
Human Rights Declaration' and the 'International Covenant on Economic, Social
and Cultural Rights'
http://www.saudiembassy.net/Issues/HRights/hr-memo.html
You will see from the highlighted and underscored excerpts of the Kingdom's Memorandum (see link below), that there are numerous statements that certainly appear to contradict what we see happening right now with the issue of forced divorce.
http://muslimahwritersalliance.com/files/saudi_human_rights_memo.htm
FYI: Saudi Arabia is "listed" as a signing state to the The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, often described as an international bill of rights for women, however, on the same date they "signed", September 7, 2000, they also filed "declarations or reservations".
English
Version of CEDAW Text: http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
Full text of the Convention also
in: Arabic
, Chinese, French, Russian, Spanish
Signing
States: http://www.un.org/womenwatch/daw/cedaw/states.htm
Reservations: http://www.un.org/womenwatch/daw/cedaw/reservations-country.htm
Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice. They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.
Grounded in the vision of equality of the United Nations Charter, the Division for the Advancement of Women (DAW) advocates the improvement of the status of women of the world and the achievement of their equality with men. Aiming to ensure the participation of women as equal partners with men in all aspects of human endeavor, the Division promotes women as equal participants and beneficiaries of sustainable development, peace and security, governance and human rights. As part of its mandate, it strives to stimulate the mainstreaming of gender perspectives both within and outside the United Nations system.
http://www.un.org/womenwatch/daw/daw/index.html
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RESERVATIONS FILED BY
1. In case of contradiction between any term of the Convention and the norms of Islamic law, the Kingdom is not under obligation to observe the contradictory terms of the Convention.
2. The Kingdom does not consider itself bound by paragraph 2 of article 9 of the Convention…
Article 9
2. States Parties shall grant
women equal rights with men with respect to the nationality of their children.
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article9
…and paragraph 1 of article 29 of the Convention.
Article 29
1. Any dispute between two or
more States Parties concerning the interpretation or application of the present
Convention which is not settled by negotiation shall, at the request of one of
them, be submitted to arbitration. If within six
months from the date of the request for 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 by request in
conformity with the Statute of the Court.
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article25
(Link covers 25-30)
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So, while
it is true that Saudi Arabia has signed the CEDAW Convention document, based on
its recorded "reservation" No. 1, it asserts to lay claim to a waiver
of obligation to comply any or all of the following: (Which further supports the reservation filed by Kingdom of Great
Britain and Northern Ireland, Austria, Denmark, France, Finland, Kingdom of the
Netherlands, Norway, Portuguese
Republic, Spain, and Sweden, inserted further.)
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States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article5
Article 15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article15
Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right
freely to choose a spouse and to enter into marriage only with their free and
full consent;
(c) The same rights
and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article16
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As of Nov. 2, 2006, 185
countries - over ninety percent of the members of the United Nations - are
party to the Convention. Ten of those
countries, the Kingdom of Great Britain and Northern Ireland, Austria, Denmark,
France, Finland, Kingdom of the Netherlands, Norway, Portuguese Republic,
Spain, and Sweden, have filed objections to the reservations made by the
Kingdom of Saudi Arabia.
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EXCERPTS FROM DECLARATIONS AND RESERVATIONS
http://www.un.org/womenwatch/daw/cedaw/reservations-country.htm#N59
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RESERVATIONS FILED BY UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
With regard to the reservation made by
"In
case of contradiction between any term of the Convention and the norms of
Islamic Law, the Kingdom is not under obligation to observe the contradictory
terms of the Convention."
The Government of the
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RESERVATIONS FILED BY
With regard to reservations made by
"
The fact that the reservation concerning any
interpretation of the provisions of the Convention that is incompatible with
the norms of Islamic law does not clearly specify the provisions of the
Convention to which it applies and the extent of the derogation there from
raises doubts as to the commitment of the
Given the general character of this reservation
a final assessment as to its admissibility under international law cannot be
made without further clarification. Until the scope of the legal effects of
this reservation is sufficiently specified by the
Government of Saudi Arabia,
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RESERVATIONS FILED BY
The Government of Denmark recommends the Government of Niger to reconsider its reservations to the Convention on the Elimination of All Forms of Discrimination against Women.
With regard to the reservations made by
"The Government of Denmark has examined the reservations made by the Government of Saudi Arabia upon ratification on the Convention on the Elimination of All Forms of Discrimination Against Women as to any interpretation of the provisions of the Convention that is incompatible with the norms of Islamic law.
The Government of Denmark finds that the general reservation with reference to the provisions of Islamic law are of unlimited scope and undefined character. Consequently, the Government of Denmark considers the said reservations as being incompatible with the object and purpose of the Convention and accordingly inadmissible and without effect under international law.
The Government of Denmark furthermore notes that the reservation to paragraph 2 of article 9 of the Convention aims to exclude one obligation of non-discrimination which is the aim of the Convention and therefore renders this reservation contrary to the essence of the Convention.
The Government of Denmark therefore objects to the aforesaid reservations made by the Government of the
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RESERVATIONS FILED BY
With regard to reservations made by
The Government of the
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RESERVATIONS FILED BY
With regard to the reservations made by
"The Government of Finland has examined the contents of the reservations made by the Government of Saudi Arabia to the Convention on the Elimination of all Forms of Discrimination Against Women.
The Government of Finland recalls that by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination, in all its forms and manifestations, against women.
A reservation which consists of a general reference to religious law and national law without specifying its contents, as the first part of the reservation made by Saudi Arabia, does not clearly define to other Parties to the Convention the extent to which the reserving State commits itself to the Convention and therefore creates serious doubts as to the commitment of the reserving State to fulfill its obligations under the Convention.
Furthermore, reservations are subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
As the reservation to Paragraph 2 of Article 9 aims to exclude one of the fundamental obligations under the Convention, it is the view of the Government of Finland that the reservation is not compatible with the object and purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention according to which reservations incompatible with the object and purpose of the Convention are not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made by the Government of Saudi Arabia to the Convention.
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RESERVATIONS OF THE
With regard to the reservations made by
"The Government of the Federal Republic of Germany is
of the view that the reservation, with regard to compatibility of CEDAW rules
with Islamic law, raises doubts as to the commitment of the
The Government of the Federal Republic of Germany notes furthermore that the reservation to Paragraph 2 of article 9 of CEDAW aims to exclude one obligation of non-discrimination which is so important in the context of CEDAW as to render this reservation contrary to the essence of the Convention.
The Government of the Federal Republic of Germany therefore
objects to the aforesaid reservations made by the
Government of the
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RESERVATIONS OF
With regard to the reservations made by
"The Government of Ireland has examined the reservation
made, on
As to the former of the aforesaid reservations, the Government of Ireland is of the view that a reservation which consists of a general reference to religious law without specifying the content thereof and which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation there from, may cast doubts on the commitment of the reserving State to fulfill its obligations under the Convention. The Government of Ireland is furthermore of the view that such a general reservation may undermine the basis of international treaty law.
As to the reservation to Article 9, paragraph 2 of the Convention, the Government of Ireland considers that such a reservation aims to exclude one obligation of non-discrimination which is so important in the context of the Convention on the Elimination of All Forms of Discrimination Against Women as to render this reservation contrary to the essence of the Convention. The Government of Ireland notes in this connection that Article 28, paragraph 2 of the Convention provides that a reservation incompatible with the object and purpose of the Convention shall not be permitted.
The Government of Ireland moreover recalls that by ratifying the Convention, a State commits itself to adopt the measures required for the elimination of discrimination, in all its forms and manifestations, against women.
The Government of Ireland therefore objects to the aforesaid reservations made by the Government of the
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RESERVATIONS OF KINGDOM OF THE
With regard to the reservations made by
"The Government of the Kingdom of the
The Government of the Kingdom of the Netherlands considers that the reservation concerning the national law of Saudi Arabia, which seeks to limit the responsibilities of the reserving State under the Convention by invoking national law, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.
The Government of the Kingdom of the
It is in the common interest of States that treaties to which they have chosen to become party should be
respected, as to object and purpose, by all parties. The Government of
the Kingdom of the
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RESERVATIONS OF
With regard to the reservation made by
"The Government of Norway has examined the contents of
the reservation made by the Government of the
According to paragraph 1 of the reservation, the norms of Islamic Law shall prevail in the event of conflict with the provisions of the Convention. It is the position of the Government of Norway that, due to its unlimited scope and undefined character, this part of the reservation is contrary to object and purpose of the Convention.
Further, the reservation to Article 9, paragraph 2, concerns one of the core provisions of the Convention, and which aims at eliminating discrimination against women. The reservation is thus incompatible with the object and purpose of the Convention.
For these reasons, the Government of Norway objects to paragraph 1 and the first part of paragraph 2 of the reservation made by Saudi Arabia, as they are impermissible according to Article28, paragraph 2 of the Convention.
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RESERVATIONS OF THE
With regard to the reservations made by
"The Government of the Portuguese Republic has examined the reservation made on 7 September by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979), regarding any interpretation of the provisions of the Convention that is incompatible with the precept of Islamic law and the Islamic religion. It has also examined the reservation to article 9.2 of the Convention.
The Government of the
Furthermore, it also considers the reservation made by the
Government of the
Regarding the reservation to article 9.2, the Government of
the
Therefore, the Government of the
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RESERVATIONS OF
With regard to the reservations made by
The Government of the Kingdom of Spain has examined the reservation made by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of Discrimination against Women on [7] September 2000, regarding any interpretation of the Convention that may be incompatible with the norms of Islamic law and regarding article 9, paragraph 2.
The Government of the
The Government of the Kingdom of Spain is of the view that such a reservation by the Government of the Kingdom of Saudi Arabia is incompatible with the object and purpose of the Convention, since it refers to the Convention as a whole and seriously restricts or even excludes its application on a basis as ill-defined as the general reference to Islamic law.
Furthermore, the reservation to article 9, paragraph 2, aims at excluding one of the obligations concerning non-discrimination, which is the ultimate goal of the Convention.
The Government of the
Therefore, the Government of the
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RESERVATIONS OF
With regard to the reservations made by
"The Government of Sweden has examined the reservation
made by the Government of the
The Government of Sweden is of the view that this general
reservation, which does not clearly specify the provisions of the convention to
which it applies and the extent of the derogation there from, raises doubts as
to the commitment of the
It is in the common interest of States that treaties to
which they have been chosen to become parties are
respected as to their object and purpose, and that States are prepared to
undertake any legislative changes necessary to comply with their obligations
under the treaties. According to customary law as codified in the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose
of the Convention shall not be permitted. The
Government of Sweden therefore objects to the aforesaid
general reservation made by the Government of the
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ALSO OF NOTE:
The
TEXT: http://www.un.org/womenwatch/daw/cedaw/protocol/text.htm
SIGNATURES: http://www.un.org/womenwatch/daw/cedaw/protocol/sigop.htm
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