LEBANON: Lebanese women still vulnerable to violence

By Sarah Clark Special to The Daily Star BEIRUT, Lebanon (The Daily Star), June 9, 2008: Violence against women remains a problem around the world and Lebanon is no exception. Experts say Lebanon's existing legal framework violates international human rights law because it fails to protect women from domestic violence, and encouraging MPs to pass more progressive legislation is only half the battle. Equally challenging is the matter of implementation - changing conventional attitudes within the family and society generally. Among organizations at the forefront in dealing with such issues is KAFA (Enough Violence and Exploitation), which is campaigning for change at both the parliamentary and social levels. KAFA describes itself as a non-profit, non-political, non-confessional civil society organization that seeks to mitigate the causes and results of violence and exploitation of women and children through advocacy and lobbying, raising awareness, and by offering social and legal services. The campaign is funded by the European Union under the Afkar II project for the strengthening of Lebanese civil society. The project will receive funding of $155,244 over a period of 24 months. On June 27, KAFA will hold its final roundtable to debate a draft law on violence against women with ministers, lawyers, MPs and judges. The meeting will play a crucial role in harvesting support from key decision-makers for the adoption of the law by Parliament and, eventually, Lebanese society. The meeting is a follow-up to another roundtable KAFA held with non-governmental organizations (NGOs) on May 2, the second stage of a campaign officially launched on March 5. They invited civil society organizations to comment on and review the proposed legislation to protect women. "There is no current legislation to protect women from domestic violence and therefore this form of abuse becomes normalized and women find themselves banging their heads against a legal brick wall," Rasha Moumneh, co-coordinator of the KAFA campaign, told The Daily Star. According to KAFA and other NGOs advocating women's rights, although Lebanese Law does criminalize acts of violence, it does not protect women from violence within the family. The rights to life and bodily integrity are sanctioned under international law. As a signatory to the the UN's Convention on the Elimination of All forms of Discrimination against Women (CEDAW), Lebanon is required to introduce legislation that will protect women against domestic violence and hold perpetrators accountable. In the 40th session of CEDAW, held between January 14 and February 1, the committee stated that "violence against women is a form of discrimination against women and thus constitutes a violation of their human rights under the convention." The committee called upon Lebanon "to enact without delay, legislation on violence against women, including domestic violence, so as to ensure that violence against women constitutes a criminal offense, that women and girls who are victims of violence have access to immediate means of redress and protection that perpetrators are prosecuted and punished." The body also aired concerns about three articles of the Lebanese Penal Code: Article 562, which mitigates guilt in the case of so-called "honor crimes;" Article 503, which tolerates marital rape; and Article 522, which allows for charges to be dropped in cases of rape. The first Afkar II roundtable, held on February 7, noted that previously women's networks and associations have experienced difficulties in working and co-coordinating with the relevant state institutions for the promotion of draft legislation they have devised. Accordingly, the groups reported a great need to improve communication, unite efforts and promote strong lobbying. A steering committee of experts headed up by KAFA drew up a draft law in late 2007. The legal framework is based on the recommendations of the UN Special Rapporteur on Violence Against Women. It is designed to pressure the state into fulfilling its obligation under international law to protect all Lebanese citizens without discrimination. "The proposed law is not just protective, but advocates criminalization and gives women some leverage because issues of custody of children and financial dependence amongst other things keep women in a position in which they continue to be abused," Moumneh said. Women's rights literature has it that the creation of a social milieu that promotes women's status is paramount in instigating change. The image of women depicted in educational programs and the media needs to be reviewed and amended in order for progress to occur. KAFA says the attitude of Lebanese society is crucial to this issue that any state intervention in familial matters constitutes a violation of the sanctity of the home. Generally, discussing family violence is taboo in Lebanon as it is seen as part of the private rather than public sphere. This, combined with factors such as traditional gender roles, economic hardship, poor education and religious practices, all serve to impede change. As violence is deeply embedded in social (particularly familial) culture, many Lebanese women finding themselves without legal protection continue to suffer in silence. Although there are no accurate, up-to-date statistics about domestic violence in Lebanon, a 2006 study entitled "Domestic Violence: The Lebanese Experience" reported that the rate of domestic violence is high among Lebanese women and is a significant health issue. A cross-sectional survey of women presented to four primary healthcare centers between September and October 2002 revealed that out of 1,418 participants, 494 (35 percent) experienced domestic violence. Three hundred and seven women (22 percent) knew of family members who had been abused within the family. However, some leading figures openly condemn violence against women and advocate the need for change. Sayyed Mohammad Hussein Fadlallah, a senior Shiite cleric, called for the elimination of violence against women in 2007. He issued a number of fatwas reaffirming women's rights and he clearly stated that Islam forbids men from exercising any form of violence against women. "Physical violence in which women are beaten proves that these men are weak," he said, "for only the weak are in need of unjust violence." Once the draft law is finalized KAFA intends to begin a grassroots campaign. Copyright © 2008, The Daily Star.