A REVOLUTION for ALL Women’S Rights in the New Libya WATCH Copyright © 2013 Human Rights Watch All Rights Reserved
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HUMAN RIGHTS A REVOLUTION FOR ALL Women’s Rights in the New Libya WATCH Copyright © 2013 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-0114 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org HUMAN RIGHTS WATCH A Revolution for All Women’s Rights in the New Libya Summary .................................................................................................................4 I. Background .........................................................................................................10 II . Women ’s Political Participation ..........................................................................15 The Right to Participate ..................................................................................................................15 Election Campaigning and Awareness ............................................................................................16 Governmental Leadership in Appointments ...................................................................................20 Drafting the Constitution ...............................................................................................................20 III . A Constitution that Protects Human Rights ........................................................23 Gender -Sensitive Constitutional Provisions ....................................................................................23 Equality Before the Law ..........................................................................................................24 Nondiscrimination .................................................................................................................24 Violence against Women ........................................................................................................24 IV . Amending Gaddafi -era Legislation .....................................................................25 Violence against Women ...............................................................................................................25 Equality with Respect to Personal Status Laws ...............................................................................29 Nationality Rights ..........................................................................................................................31 Recommendations .................................................................................................32 Recommendations to the Constituent Assembly Drafting the Constitution .......................................32 Recommendations to the Government of Libya ..............................................................................32 Recommendations to the General National Congress ......................................................................33 Acknowledgments .................................................................................................34 Human Rights Watch | May 2013 1 A REVOLUTION FOR ALL Women’s Rights in the New Libya Young Libyan women from a non-profit youth group that educated voters on the electoral process at an event promoting women’s political participation in Tripoli days before the July 2012 election. With only a three-week campaign, voters scarcely knew the candidates. Women waiting to cast their ballots in Benghazi. Women’s rights activists said the real work would begin after the elections to ensure women take part in Libya’s transition and beyond. Summary Libyans are in the midst of dramatic change, trying to build a new political system after 42 years of dictatorship. The challenges to build a more rights-respecting state based on the rule of law are significant. For Libyan women, the stakes are high. Many spected in the new Libya and that discrimination based women played important roles in the uprising that led on gender is firmly rejected by law. to the overthrow of Muammar Gaddafi and have con - This report presents four key issues that Libya tributed to the political transition, including as mem - should address to help secure women’s rights. Failure bers in the new parliament. Now concrete steps are to deal with these issues properly will set back the urgently needed to ensure that women’s rights are re - progress women have made over the past two years, 4 A Revolution for All and hinder respect for women’s rights in the future. equal terms with men in the Constituent Assembly and Now is the time to ensure that women can participate the rest of the constitution drafting process. Women’s actively in the political process and that women’s rights voices are critical to prepare a constitution that meets are enshrined in Libyan law. international standards for women’s rights. First, Libya’s parliament, the General National Con - Second, the future constitution should guarantee gress, should ensure that women can participate on full equality between men and women with an explicit Human Rights Watch | May 2013 5 A graffiti image in Tripoli of a female Libyan revolutionary. Libyan women played a crucial role in the protests that began in Benghazi in February 2011 and sparked the uprising that eventually toppled Gaddafi.. 6 A Revolution for All reference to gender equality in its text. The constitution should make clear that its provisions on equality over - ride any law. As noted in the Convention to Eliminate Discrimination Against Women and other relevant inter - national instruments to which Libya is party, equality before the law requires that men and women are af - forded equal rights in regard to legal capacities, includ - ing access to legal remedies and due process. The new constitution should also explicitly prohibit discrimination based on gender, sex, pregnancy, and marital status, among other categories. It should re - quire the legislature to pass laws that prevent and pro - hibit discrimination by state and private parties, allow courts to strike down discriminatory policies, and give those affected by it an effective remedy. Third , the GNC and future parliaments should repeal or amend Gaddafi -era laws and regulations that subject women to discrimination and abuse , including gender - specific violence , unequal personal status laws , and an ambiguous nationality law . For example , the current penal code classifies sexual violence as a“crime against a woman ’s honor ,” rather than against the woman as a victim or as a violation of her bodily in - tegrity . Article 375 of the penal code contains less se - vere criminal sentencing for perpetrators of so -called honor crimes . Law No . 70 (1973) on zina (adultery and fornication ) discourages victims of sexual assault from seeking justice . Fourth, the Libyan government and GNC should work to end discrimination against women in all aspects of the country’s public and political life, end impunity for violence and domestic violence against women, and challenge negative stereotypes of women. While the enormous political change in Libya has al - ready provided unprecedented opportunities to reshape the legal and social status of women in Libya, including with regard to their full and meaningful participation in politics, the gains made to date remain fragile and need to be rapidly bolstered by clear constitutional and leg - islative guarantees. The Libyan government should provide leadership in adopting the measures above as part of its stated effort to promote human rights for everyone in Libya. Human Rights Watch | May 2013 7 Amal Mohamed B’ayou, an independent candidate in Benghazi, handed out election pamphlets in front of the courthouse on July 6, 2012. “For 42 years men have ruled Libya,” B’ayou said. “Now it’s time for the women to rule.” Candidate posters from the July 2012 elections conceal graffiti I. Background caricaturing Gaddafi and his family in Tripoli. For many Libyans, the elections marked the start of a new and more hopeful era. On the eve of Libya’s first democratic national elec - tions in July 2012, Haja Nowara held a lonely vigil in the square outside the courthouse in Benghazi, where she had spent many evenings supporting the revolution since early 2011. One of only a handful of women present, she was engulfed by a sea of men who had come to pray and ing for the first time in her life. 1 “We sacrificed a lot to get to celebrate ahead of the historic event due to take place here. Although I didn’t lose any of my own children during the next day. An elderly woman, Nowara proudly dis - the war, I’ve come back [to the square] to honor all the played her voter registration card around her neck and martyrs, who are my children as well.” 2 waved Libya’s new flag while