Second Class Rights How Amnesty International & Human Rights Watch Fail Women in the Middle East

Anne Herzberg, Author Gerald M. Steinberg, Editor

December 2013

The research and publication of this report were made possible via a generous gift from The Julis Family.

The author wishes to thank Yael Israel and Naftali Balanson for their research and editing assistance.

© 2013 NGO Monitor. All rights reserved. TABLE OF CONTENTS

4 Executive Summary

9 Introduction

11 Section I: The Centrality of Women’s Rights

11 United Nations

12 International Human Rights Law

15 Section II: Women’s Rights in the Middle East and North Africa Region

15 The AHDR Reports

16 The Global Gender Gap Index & Freedom House Rankings

17 De Jure Discrimination

18 Domestic Violence

19 Personal Status Laws & Family Codes

20 Sex Segregation & Guardianship

21 Reservations to International Human Rights Treaties

23 Section III: “The Arab Spring”

24 Egypt

27 Libya

28 Yemen

29 Tunisia

30 Other MENA Countries

32 Section IV: The Campaigns of Amnesty International & Human Rights Watch

35 Amnesty International

35 Women’s Rights at Amnesty

37 Stop Violence Against Women Campaign

38 Gita Sahgal

41 Amnesty in the Middle East 2 48 Saudi Driving Campaign

48 UN Lobbying/CEDAW

50 Arab Spring

55 Human Rights Watch: Politics Over Priorities

55 Media Driven Agenda

56 Armed Conflict

57 U.S. Foreign Policy

62 HRW Reporting on Women in the MENA Region

66 Soft-peddling Abuses & Questionable Fundraising

66 Kuwait

67 Iran

68 Rape in Syria?

70 Saudi Arabia

72 Saudi Olympics Campaign

74 Endorsement of Gender Segregation?

75 Impact of Gulf Money on HRW’s Agenda?

78 Libya

81 The Arab Spring

83 Ignoring History

87 Section V: Conclusions and Recommendations

89 Recommendations

91 Section VI: Appendix

92 Amnesty International Table

94 Human Rights Watch Table

3 SECOND CLASS RIGHTS PAGE 4 T 8 European Union, Parliamentary Assembly, Resolution 1873,(2012) available at 7 Id. Report_2012.pdf. rankings: comparisons with 2011,2010,2009,2008,2007and 2006”available at “Figure 2: Regional performance on Gap Gender Global the Index 2012” and at 8-9 “TableGender 3a: GapThe Global Index 2012 6 Ricardo Hausmann, Laura D. Tyson, The andGlobal Zahidi, Saadia Gender Gap 2012,WorldReport Economic Forum (2012)at 17, other/ahdr/ahdr2002e.pdf. United Nations Development Programme Regional Bureau for Arab States (2002)at 9available at 5 United Nations Development Programme, Arab Human Development Report 2002: Creating Opportunities for Future Generations, ahdr/ahdr2004e.pdf. Nations Development Programme Regional Bureau for Arab States (2005)at 92available at 4 United Nations Development Programme, The Arab HumanDevelopment 2004: Report Towards Freedom in the Arab World, United 3 Coleman, supra worldbank.org/INTWDR2012/Resources/7778105-1299699968583/7786210-1315936231894/Overview-English.pdf. 2 World World Bank, Development Report: Gender Equality and Development, Washington (2012)at DC 3available at http://siteresources. lection=journals&handle=hein.journals/fora83&div=48&id=&page=. 1 Isobel Coleman, “The Payoff from Women’s Rights,” Foreign Affairs 83(2004) available at http://heinonline.org/HOL/LandingPage?col rights activists will be able be torights turn activists will engagement their into longer-term economic, and political social, provements in women’s lives.” have experts 8 Other commented that “there is no guarantee that women’s for MENA the region. However, as noted by of Council the Europe, have “There no been major im- The “Arab Spring” revolutions,beginning in 2010, December wereTunisia in beginning hailed as a new an environment where there entrenched is jure both de educationaltory opportunities and extremely rates high of illiteracy, laws the customs and tribal create riage, female genital mutilation, polygamy, and “honor” are crimes endemic. Coupled with unsatisfac - freedom of movement, expression, and ability to work. Repressive cultural practices such as child mar inheritance.Some countries have oppressive guardianship systems,severely which restrict women’s Personal status laws discriminate against women inmatters of marriage, divorce, child custody, and (apartcountry from Israel, ranked which 56),is United the Arab Emirates, ranking 107out of 136.7 wide, and sixof ten the lowest ranked countries were from region. the 6 The highest ranking MENA GapGender Index, and Middle the East North (MENA) Africa ranked lowest the of regions all world- “remain severely marginalized inArab systems.” political 5 In 2012World the Economic Forum’s Global Development “nowhere Reports, Arab inthe world dowomen enjoy equality with men,” 4 and they Nevertheless, women enjoy Middle inthe East few rights. According to UNArab the Human brotherhoods –two factors that stifledemocracy.”3 have “fewer anti-authoritarian voices inpolitics and more men join who fanatical religious and political its own right.2 Researcher Steven Fish has found that countries that “marginalize women,” incontrast, governance.” onstrated that women’s rights are “critical to economic development, and good active society civil Women’s rights are essential for as awhole. Many society scholars and research studies have dem- reforms,tal for especially women. Unfortunately, changes these didnot materialize. EXECUTIVE SUMMARYEXECUTIVE 1 The WorldBank emphasizes that women’sequality is acore development objective in and Libya in2011,and mass the demonstrations elsewhere, would bring about fundamen- abusive governments. It was hoped that ousting the of dictators inTunisia, Yemen, Egypt, rights and fundamental freedom for women was most the egregious manifestation of these aregion Middlein the East, dominated by autocratic and oppressive regimes. Thelack of he 2011“Arab Spring” sparked optimism that there would profound be democratic change note 1. de facto de and http://assembly.coe.int/ASP/Doc/XrefViewPDF.asp? http://www3.weforum.org/docs/WEF_GenderGap_ discrimination. http://www.arab-hdr.org/publications/other/ http://www.arab-hdr.org/publications/ - 11 Lina Hundaileh11 Lina inHeideman, id IAW_arab_spring_report.pdf. Organisations MENA inthe Region. Rep. N.p.: International Alliance of Women (2013)available at el Rabia Morabet also See 2012_4.pdf. Belhaj and Anje Wiersinga. Wishes, Demands, and Priorities of National and Regional Women’s Center for Scholars (2012)at 3available at 10 Rola Dashti in com/articles/2011/12/20/arab_spring_women. 9 Isobel Coleman, “Is Arab the Spring for Bad Women?” Foreign Policy Magazine 2011)available (20Dec. at from pre-2011 levels,on sustained specifically women’s advocacy rights not theis still main forfocus tainty, however, has not Amnesty and seen HRW stepthe vacuum. into fill coverageWhile increased and advocate for rights”11 inorder to prevent deterioration. further tremendousof period This uncer region. Theresense is a of urgency among women activists for the to need “create a strong body to lobby important given of ascendancy the Islamist and against parties backlash the women throughout the In aftermath the the of Arab Spring, sustainedcampaigning the more all these NGOsby been has a result, NGOs these were ill-prepared with Arab the to deal Spring upheavals. countries; inother instances, abuses reporting minimal the soft-peddled by repressive governments. As issues MENA inthe region from 1990through 2011.There was no reporting all forat some MENA of core the Because agenda drivers for NGOs, these there was relatively little campaigning on women’s events, or as afoil to U.S. policy. ter-terrorism. Often,the NGO agenda appearedbe driven to interestby media and prominent world Instead, groups these chose to on focus issues related detention, to criminal armed conflict, and coun- at achieving concrete objectives. and HRW’s campaigning was sporadic and impressionistic, without sustained advocacy, and not aimed tive analyses of demonstrate activities their that is this not, an infact, accurate assessment. Amnesty’s HRW. NGOs While these project an image of prioritizing women’s rights, quantitative both and qualita- women’s rights MENA inthe region leading up to Arab the Spring was not apriority for Amnesty and Despite advantages the of well-funded, being organized, highly and actors, powerful campaigning on attention. makers and academics, dia, to policy conclude that problems these are not serious enough to warrant international prominence. Conversely, violations ignored by Amnesty and HRW may me the - lead championing women’s rights. Research and by organizations advocacy these can give women’s issues ence among makers and policy inUNframeworks, Amnesty and HRW have adistinct advantage in As NGOs with huge budgets of rivaling those multinational corporations, and with tremendous influ- tained campaigning toward promoting women’s rights within MENA the region. countries, it would to follow seem that organizations these should direct significant resources and sus - Watch (HRW). And as noted above, given that women’s rights are least the protected within MENA ofcus most the prominent human rights NGOs,Amnesty specifically International and HumanRights motion of democracy, liberal and strengthening the of other human fo should- rights, aprimary they be Given importance the of women’s rights and contribution their to development the of society, pro the - repressive regimes to rejection with Islamist regimes.”10 exclusion from governments new the and have position their move seen “from marginalization during gains,” and there is “concern that rights their women erode.” see will 9 Many women have experienced Kendra Heideman and Mona Youssef, Reflections eds. on Women in the Arab Spring . Woodrow Wilson International ., at 17. http://www.wilsoncenter.org/sites/default/files/International%20Women%27s%20Day%20 http://www.coe.int/t/ngo/Source/ http://www.foreignpolicy. -

SECOND CLASS RIGHTS PAGE 5 SECOND CLASS RIGHTS PAGE 6 saudi-arabia? 18 Human Rights Watch, World Report: Saudi 2013 Arabia (2013) available at 17 Id. 16 Id. 15 Id. 14 Id. 13 Id. act770082010en-2.pdf. Amnesty International (2010)at 15available at 12 Tina Wallace and Helen Baños Smith, “A Synthesis of from Learning the Stop the Violence Against Women Campaign 2004-10” national institutions, no demand for establishment the of international investigations or fact-finding U.S., Israel, and other countries, there for is no call intervention external by other nations and inter for most the minor of and rights reforms. illusory In contrast to recommendations inreports on the is hesitant and oftenlacksthelanguage of demand, certainty, urgency, and immediacy, and offers praise reports on gay rights and abortion inCatholic countries. Moreover, HRW’s reporting on Saudi Arabia system is required under Islamic law –adiscussion that would unthinkable, be for instance, inHRW HRW’s reporting on Saudi Arabia included has also analyses of its whether repressive guardianship had little to no impact on eliminating systemic abuse. Instead, it has chosen to on focus relatively minor concerns that may garner attention, media but have stantive and sustained campaigning on fundamental the issues relating to women Kingdom. inthe Saudi Arabia is untenable.18 Yet, despite recognition, this organization the little has undertaken sub- region than its relating activities to Saudi Arabia. HRW acknowledges that situation the for women in For HRW, better no illustrates case NGOs the soft-peddling approach on women’s issuesthe MENA in urgently.”is needed 17 evaluation was that “a clear plan for ensuring that Amnesty International women’s takes rights seriously staff employed to work on VAW and women’srights has declined.”16 The main recommendationthe in optional,” plan],”14 “Some staff the dotolearn notneed aboutsee or work on women’srights; as seen it is still mitment to women’s rights, despite acommitment to gender explicit being in[Amnesty’s strategic evaluators noted many problems, including that campaigns new “lack any explicit analysis of or com- concludedand further that “Women’s rights are not yet of part Amnesty International’s DNA.” 13 The (name and reputation, resources, research and campaign work) to ‘change conversation’, global the rights program found that “there is little that evidence Amnesty International was able to its use ‘might’ With regards to Amnesty, for example, consultants external hired by NGO the to evaluate its women’s prominencethe deserve. they agendamethodologies, setting, and driving in order ideologies to ensure that women’s rights receive HRW on women’s rights suggests that organizations both aserious overhaul to need undertake of their flicts resultingfrom the dominant political agendas these of organizations. Therecord of Amnesty and “reforms” for women, of rise the Islamist governments aftermath in the the of Arab Spring, and con- en’s issues MENA inthe region prior to NGOs’ 2011,the approaches towards supposed human rights studies case areSeveral report, highlighted inthis including coverage by Amnesty and HRW of wom- determine NGOs’ the agendas. Amnesty and HRW region, inthe and campaigning remains intermittent due to core the issues that at 17. at 16. 15 and “with ending the of Violence [the Against Women (VAW) program] number the of http://files.amnesty.org/archives/FINAL%20SVAW%20REVIEW%20SYNTHESIS%20 http://www.hrw.org/world-report/2013/country-chapters/ ”12 - 21 Id. tions/other/ahdr/ahdr2005e.pdf. United Nations Development Programme Regional Bureau for Arab States (2006)at 22available at 20 United Nations Development Programme, The Arab HumanDevelopment 2005, Report Towards the Rise of Women in the Arab World, 19 Kenneth Roth, (@KenRoth), Twitter, September 11,2012. agenda of HRW and Amnesty. In other words, if Amnesty and HRW are not covering it, it must not be groups. Media makers and are policy more likely to ignore issues that do not appear on reporting the Downplaying abuses and reforms magnifying by Amnesty and HRW can undermine work the of local is fight the whole.” as a of Arabsocieties 21 an situation entangled politico-social by themselves, confirms which that the fight for women’s freedom Development report, “it liesbeyond power the and resources of women’s the movements to affect such access to influential networks the or ability to lobbyglobally. As notedthe 2005UN in Arab Human international NGOs to is success critical the of campaigns by smaller, more groups local that do not have and HRWdamage incalculable can inflict grassrootson women’srights NGOs. Supportfrom powerful, Another negative consequence is that failure the to strongly advocate on of behalf women by Amnesty and give governments these cover for attacks on rights. speech free attempts by MENA regimes to suppress criticism of violations of under guise the “respecting religion” and by failing out to speak against abuses for fear of “Islamophobic,” labeled being NGOs these bolster In addition, by analyzing abuses under arubricof Islamic law, by minimallyaddressing violations, authoritarianthose regimes that and actively legitimacy credibility. seek reforms, and support for that specific regimes have exhibited hostility to women’srights haveserved Moreover, Amnesty’s and HRW’s soft-peddling of abuses, excessive praising eventhe of most minor thatgimes women’s rights are simply a“democratic façade” or of evidence “western imperialism.”20 fromthem having to respond to critics. It their similarly supports proffered excuses by autocratic re- dynamic. Thelack of intensivecampaigning allows these scrutiny regimes to escape and inoculates and failure their to engage insustained campaigning on women’s rights, Amnesty and HRW this feed Bydemocracies. disproportionate their coverage of armed conflict, counter-terror, and Western abuses, an immoral equivalence abusive the between of policies governments their and of policies the Western politicized frameworksin the of UN, repressive the regimes often dominatethe agendas and promote Amnesty’s and HRW’s skewed prioritization negative has had several consequences. For instance, with- commitment to moral principles. and ethical tions regarding impact the of such funding on HRW’s priorities and agenda setting, as well as HRW’s organizationthe to intensify fundraising from Gulf elites. This financingplan raises numerous ques- The mosttroubling of HRW’s aspect soft approach that is it appears to coincide newstrategy a with by Roth would have made similar statements relating to African-Americans or other minority groups. a greater work role, even ifsegregated Director Ken has Roth who written “Of new #Saudi reforms for women—municipal voting, Olympics-- This approach coupledbeen also haswith offensivestatements by HRW’sleadership such as Executive international prosecutions or other hard-hitting measures. forinquiries, no call imposition the of international sanctions and embargoes, and no demand for at 12. , will matter, will most.”19 (emphasis It added) is inconceivable that http://www.arab-hdr.org/publica-

SECOND CLASS RIGHTS PAGE 7 SECOND CLASS RIGHTS PAGE 8 pdf. Research 22 Howard James Ramos, Ron, and Oskar N.T. Thoms, “Shapingthe Northern Media’s HumanCoverage,Rights 1986–2000,” Journal Peace of to blooming the of an Arab actual Spring. groupsthese could play agreater role inpromoting reform true for MENA the region, might which lead liticizing of human rights and ongoing the dilution of universality. their By prioritizing women’s rights, currentThe approach to women’srights by Amnesty and HRW has immorally contributedpo- the to that money narrow their furthers agendas that bolster power the of authoritarian regimes. human rights universally in accordance with organizations’ the mandates. Donors are usually not aware Finally, Amnesty and HRW fail donors, their to also that promote used be money their expect who will ist cultures and authoritarian regimes that exploit religion to suppress women’s rights. benefit Western women; thatand East womenMiddle be must thesubject to strictures fundamentalof - and rights political as women Western inthe world; that tough the that advocacy donot they deserve shielded from tough criticism; that women are Middle inthe East not entitled to same the freedoms HRW impart message the that authoritarian regimes and supporters their cannot handle and must be international human rights norms universally and countries in equally all world, in the Amnesty and asMiddle strongly East have as they for issues facing West the is aform of racism. By failing to promote It argued be that can also failure the of Amnesty and HRW to advocate for women’s rights inthe that assessment. NGOs that promote a narrative of reform to attack and harass on those ground the disagree who with monitoring mechanisms inplace. Authoritarian regimes leverage can also praise the of powerful the andminimized ignored by international the community and fewer be thereoversight media, will and employed by Amnesty and HRW real iftheir problems activistsindanger: place can local also are actorsthese are more aware of most the pressing issues and most affected them. by The approach ternational NGOs can marginalize priorities the and concerns organizations, of local the even though toDue power, their influence, and resources,the agendas and priorities established thelarger by in- of interest” is where impact the of Amnesty and HRW most can be effective.22 a problem of significant importance. Yet, as notedRamos, etby al. , “away from media’s the central zone , vol. 44, no. 4 (2007) p 385-406, at 399 available at http://www.jamesron.com/AcademicPubs/ShapingNorthernMediaHRCoverage. T Yemen, and Palestinian the Authority Gazaand (both West Unless Bank). noted, specifically Israel is not includedthis designation. in Iran, Egypt, Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, UAE, the 27 The term East “Middle and Region” Africa North (MENA)throughout as used this monograph refers the countriesto Algeria, of 26 AHDR 2002,supra 25 AHDR 2004,supra 24 Id. why_do_they_hate_us?. 23 Mona Eltahawy. “Why doThey Hate Policy Foreign Us?” organizations claim that women’s rights is of highest the priority for and advocacy inparticular their championing women’s rights MENA inthe region. Yet, study this demonstrate will that although these among makers and policy ininternational frameworks, Amnesty and HRW have adistinctadvantage in As NGOs with huge budgets of rivaling those multinational corporations and tremendous influence resources and sustained campaigning toward promoting women’s rights within MENA the region.27 (MENA)Africa countries, it would to follow seem that organizations these should direct significant Watch (HRW). And given that women’s rights are least the protected and within Middle the East North ofcus most the prominent human rights NGOs,Amnesty specifically International and HumanRights motion of democracy, liberal and strengthening the of other human fo should- rights, aprimary they be Given importance the of women’s rights and contribution their to development the of society, pro the - acute human rights problems world inthe today and one most the significant challenges forthe region. and illiteracy, laws these customs and tribal create an environment where there entrenched is jure both de arecrimes endemic. Coupled with unsatisfactory educational opportunities and extremely rates high of Repressive cultural practices such as child marriage, female genital mutilation, polygamy, and “honor” tems inplace, severely which restrict women’s freedom of movement, expression, and ability to work. marriage, divorce, child custody, and inheritance. Some countries have oppressive guardianship sys- inArab systems.” political ginalized 26 Personal status laws discriminate against women inmatters of “nowhere Arab inthe world dowomen enjoy equality with men,”25 and “remain they severely mar Women enjoy Middle in the East few rights. According to UN Arab the Human Development Reports, begun.”24 our presidential to oppressors the palaces on our streets and inour homes, our revolution has not even “Arabthe Spring.” In words the of her impassioned plea, “until rage the from shifts the oppressors in attention paid to plight the of women region inthe ingeneral, during and events the inparticular of ter than you It’s think. much, much worse.”23 Eltahawy strongly condemned lack the of international article, “Why hate dothey us?,” “when it comes to status the of women it’s Middle inthe East, not- bet Instead, as pointed out by feminist Egyptian activist Mona Eltahawy inan April Policy 2012Foreign fundamental reforms, for especially women. Unfortunately, changes these didnot materialize. Tunisia, Yemen, Egypt, and Libya in2011,and mass the demonstrations elsewhere, would bring about INTRODUCTION de facto de discrimination. The freedomabsence of for womenEastthe is in Middle one the of most manifestation of abusive these governments. It was hoped that ousting the of dictators in lack of rights and fundamental freedom for women region inthe was most the egregious year, region the ranked lowest the on scores related to and political human freedoms. The aregion Middlein the East, dominated by autocratic and oppressive regimes. Year after he 2011“Arab Spring” sparked optimism that there would profound be democratic change note 6,at 9. note 5,at 92. , (May 2012)available at http://www.foreignpolicy.com/articles/2012/04/23/ -

SECOND CLASS RIGHTS PAGE 9 SECOND CLASS RIGHTS PAGE 10 five will offer conclusions andrecommendations. Watch towards women’s rights MENA inthe region prior to, during, and afterthe Arab Section Spring. women’s four analyze rights. Section approaches will the of Amnesty International and Human Rights brieflythree will eventssummarizethe the of Arab Spring theand impact politicalthe of upheavals on to women’s examine two adherence will the rights. norms Section to these MENA in the region. Section This monograph intois divided Section address will sections. five one international legal norms related have to led positive truly change for women. perhaps women’s rights would far more be advanced MENA inthe region, and Arab the Spring would ferent, more sustained, hardline approach adopted been or even just attempted by organizations, these independent “non-governmental” actors that monitor and report on universal human rights. Had adif- freedom of for expense the true women. Doing has compromised so role the of organizations these as shownAs be report, inthis will HRW and Amnesty have and allowedpolitics to ideology prevail at adopted human rights standards. in hard-hitting advocacy, tough “naming and shaming,” and application of universal, internationally- have chosen a“kid-gloves” approach to promote change rather indictatorial than societies engaging Taliban supporter and HRW’s stance towards Muslim the Brotherhood. In organizations essence, these freedom for and political moted oppose social women who true those such as Amnesty’s embrace of a established by international human rights law. organizations other these And cases, instill actively pro- Muslim countries, NGOs these relied on Islamic precepts for analyses, their rather than standards the ofas case inthe Libya. In other examples, and incontrast to approach the towards Western or non- NGOs marketed of afaçade regime reforms that were mostly illusory, as inSaudi Arabia, and evenfalse, Amnesty and HRW gave praise and encouragement to abusive regimes. In instances, several these report,In in the rather many than described documenting be and as will cases, condemning offenses, bytendency groups these to opine on politics, promote specific regimes, and religiousjustify strictures. muchviolations softer thanalleged that to describe used committed by Western countries, a reflecting Additionally, indiscussing abuses against women, Amnesty and HRW often employlanguage that is driven by adesire as not supporting seen to be of policies the U.S. the government. “Western” or “Islamophobic.” The failure to report theand “soft-peddling” of alsoabuses be appears to women is Middlelargely inthe East motivated by and afear post-colonial ideology of labeled being The research demonstratesalso that Amnesty and HRW officials’attitudes towardsrights abuses against issue dissipated,particular attention didthe too so of NGOs. the paigns to raise awareness on issues out of spotlight. media the As as international soon on focus a States, instead of focusing on where abuses the were most acute. Rarely groups didthese pioneer cam- rights, actions their were often driven interestby media or a nexus the to foreign thepolicy of United sionistic, instead of continual and When NGOs focused. these didaddress issues relating to women’s The showanalysiswill that Amnesty’s and HRW’s coverage of women’srights was sporadic and impres- rights area inthis of world. the for organizations inpractice, Middle the East, these have not directed sustained attention to women’s A brotherhoods –two factors that stifledemocracy.”33 have “fewer anti-authoritarian voices inpolitics and more men join who fanatical religious and political democracy.”32 In contrast, researcher Steven Fish has found that countries that “marginalize women” of HIV/AIDS;build robust and self-sustaining community organizations; and encourage grassroots foundrights has been way best the to be to improve nutrition,“health, and education; stem spread the phasizes that women’s equality is acore development objective inits own right.31 Promotion of women’s “critical to economic development, and governance.” good active society civil 30 The WorldBank em- for as awhole. Many society scholars and research studies have demonstrated that women’s rights are Not only are rights for women fundamental inorder to promote self-realization, but are they essential discrimination on grounds of are sex priority objectives of international the community.”29 and cultural life, at national, the regional and international levels, and eradication the of forms all of child mortality;” Numberchild mortality;” 5“Improve maternal health” available at 36 United Nations, “Millennium Development Goals”, Number 3“promote gender equality and empower women;” Number 4“Improve 35 Founded 21 June 1946by ECOSOC. 34 United Nations Charter, chapter 1,available at 33 Id. 32 Coleman, supra pdf. at 31 World World Bank, Development Gender Equality Report 2012 Overview: and Development, 30 Coleman, supra www.refworld.org/docid/3ae6b39ec.html and http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx. 29 UN General Assembly, 29 UNGeneral available at Clinton28 “First Rodham Hillary Lady Remarks for United the Nations Fourth World Conference on Women,” (September 5,1995) As explained Assembly inGeneral resolution 65/1,“gender equality, empowerment the of women, gender equality and women’s empowerment, reducing child mortality, and improving maternal36 health. Three the UN’sof eight DevelopmentMillennium Goals relate to women’srights including promoting established. neutral language, and Commission the on Status the of Women was one ofbe to first the bodies UN for without all distinction as to…sex…”Declaration34 The of HumanRights similarly includes gender operation…in promoting and encouraging for respect human rights and for fundamental freedoms that UNCharterthe specifies one the of themain UN of is to purposes “achieve international co- Women’s rights have a chief concern been of United the Nations since its founding. 1(3) of Article United Nations SECTION OF I: THEWOMEN’S CENTRALITY RIGHTS http://siteresources.worldbank.org/INTWDR2012/Resources/7778105-1299699968583/7786210-1315936231894/Overview-English. http://www.un.org/esa/gopher-data/conf/fwcw/conf/gov/950905175653.txt. 35 note 1. note 1. man participation rights.equalandfull The of womenpolitical, in civil,economic, social en and of girl-child are the an inalienable, integral and indivisible of part universal hu - rights.”28 The 1993UN DeclarationVienna also “The affirms that human rights of wom- Clinton proclaimed, “human rights are women’s rights and women’s rights are human 1995Fourtht the World Conference on Women U.S. then inBeijing, First Hillary Lady Vienna Declaration and Programme of Action, (12July 1993) A/CONF.157/23, at Part I:¶18available at http://www.un.org/en/documents/charter/chapter1.shtml. http://www.un.org/millenniumgoals/. Washington (2012),at DC: 3available : http://

SECOND CLASS RIGHTS PAGE 11 SECOND CLASS RIGHTS PAGE 12 Covenant on and Civil Political Rights (ICCPR) and International the Covenant on Economic, Social, The Women’s rights and gender equality are enshrined ininternational also human rights law instruments. International Human Rights Law against women” 2010 ) (A/HRC/RES/15/23) (8 October 44 Human Rights Council, Fifteenthsession, “Resolution adopted the by HumanCouncilRightsElimination 15/23, of discrimination 43 Id. 42 United Nation. UNWomen. New York (2011)available at Fund for Women (UNIFEM). Advancement of Women, Office the of Special GenderAdviser on Issues and Advancement of Women, and United NationsDevelopment 41 The mergedfourbodies werethe Division forthe Advancement of Women, InternationalResearch and Training Institute forthe Visits,Country available at 40 List of visits country and to links reports found online at Rapporteur Special on violence against women, its causes and consequences, NGOs are to provide needed acheck and to engage instrong advocacy, rather than promoting status the quo. enough to promote intended the goals or initiatives these were together. blocked all the more Thisall is whyreason powerful international to39 Due pressure from Arab and the League Organization the of Islamic the Conference, many of action plans these didnot go far 38 Id. Development Goals”, 2010)available A/Res/51/1,( at 37 United Nations, “Resolution adopted by Assembly: 65/1.Keeping General the promise: the united to achieve Millennium the group had conducted visits to Morocco, Moldova, Tunisia and Iceland.45 visits and reporting on issues related to discrimination against women.44 By of middle the 2013,the islation that promote will women’s equality. Part of group’s the mandate includes conducting country Women to implement practicesineliminating best discriminatory legislation and to recommend leg- UNHuman in2010,the Also Rights established Council Working the Group on Discrimination Against women’s empowerment, and achieving men equality and between women.43 main goals of organization new the are ending discrimination against women and girls, promoting der to maximize resources and impact and to accelerate promotion the of gender equality.three42 The and Empowerment the of Women,” merging four UNinstitutions with41 dealing women’s rights inor In Assembly General 2010,the created “UN Women, United the Nations Entity for Equality Gender Saudi(twice), Arabia, Jordan, and Somalia. date MENA inthe region, Rapporteur the has issued reports on Palestinian the Authority, Iran, Algeria Rapporteur produces on reports, country site based visits and annual reporting by each country.40 To women to conduct fact-finding on causesits and consequences; its mandate was in2011. renewed The In Commission 1994,the on Human Rights established Rapporteur Special the on violence against women’s spheres. and political the participation inboth social 39 full insociety conferencesThese were aimed at formulating action plans to eliminate discrimination and to promote in 1975.Subsequent conferences were held (1980),Nairobi inCopenhagen (1985),and Beijing (1995). The convened UN also has four international conferences on women’srightsbeginning in Mexico City tion and to eradicate discrimination.38 order to goals, UNmember achieve states these are upon to called promote women’s- participa political women’s enjoyment full of human all rights…are essential to economic development.” and social 37 In WGWomen/Pages/CountryVisits.aspx. 45 Working Group on Discrimination Against Women, visits and reports available at HRC.RES.15.23_En.pdf. travaux preparatoires travaux at pages 16-17¶72. http://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx. for two the main international human rights treaties, International the http://www.un.org/en/mdg/summit2010/pdf/outcome_documentN1051260.pdf. available at http://www.unwomen.org/about-us/about-un-women/. http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A. http://www.ohchr.org/EN/Issues/Women/ - Doc. A/6316 (1966), 993 U.N.T.S.Doc. 3, entered into force (Jan. 3,1976) 53 International Covenant on and Economic, Cultural Social Rights, 21 U.N.GAOR G.A. res. 2200A (XXI), Supp. (No. 16) at 49, U.N. supra52 ICCPR, 97648603f69bcdc12563ed004c3881? 51 Office thefor Commissioner High for Human Rights, Comment“General 19”(1990) http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6f 50 Id. 49 Id. umn.edu/humanrts/instree/b3ccpr.htm (1966), 999U.N.T.S. 171,entered into force Mar. 23,1976.available at 48 International Covenant on and Civil Political 21U.N. Rights, G.A.res. 2200A(XXI), GAOR Supp. (No. 16)at 52,U.N. A/6316 Doc. 47 Id. Rights)” at paragraph 2available at women to enjoyment the of and economic, all cultural rights 3of (art. social International the Covenant on and Economic, Cultural Social Of The InternationalCovenant Economic,And On Social CulturalRights, comment General No. right 16(2005) The equal of men and 46 United Nations Committee And Cultural OnEconomic, Social Rights, session, 34th “Substantive Issues Arising In Implementation the mandates that women receive “guaranteed conditions of work not inferior enjoyed to those by men.”55 7(a)(i)(i)requiresArticle pay equal for work equal without distinction of any kind, and inparticular women to enjoyment the of and economic, all cultural forth rights present inthe set social Covenant.”54 orbirth other status.”53 Under 3,treaty Article “undertake parties to ensure right equal the of men and to race, colour, language, sex, religion, or political other opinion, national origin, property, or social rights enunciated present inthe Covenant exercised be without will discrimination of any kind as Similarly, 2(2)of Article ICESCR the mandates that States’ “undertake parties to guarantee that the principles of nondiscrimination, including on grounds the of gender: on basis of the inrelation sex to marriage, divorce, and child custody issues. 26restates51 Article the charged body (the with overseeing compliance with ICCPR), the 23 prohibits Article discrimination crimination on basis of the 50 According sex. Comment to General 19of Human the Rights Committee any derogations from provisions the of treaty the resulting from public emergency may not involve dis - enjoyment of and civil forth rights all present political inthe set Covenant.” 4(1)requires 49Article that States Parties to present the Covenant to ensure undertake right equal the of men and women to the out distinction of any kind, such as…sex…” 3reiterates48 Article gender equality mandating that “the within its and territory subject to its rights the present jurisdiction inthe recognized Covenant, with- Specifically, 2(1) thearticle of ICCPR obligates States’ parties to “respect and to ensure individuals all to equality. opportunitythe to exercise rights.” their 46 Moreover, treaties these mandate facto de both men and women on an footing equal and suitable measures should to taken ensure be that women had and Cultural Rights (ICESCR), made clear that “the same rights should expressly be for recognized 55 Id. 54 Id. www1.umn.edu/humanrts/instree/b2esc.htm. at ¶7. property, or birth other status.52 as race, colour, language, sex, religion, or political other opinion, national origin, or social personstee to and equal all effective protection against discrimination on anyground such protection of law. the In law the respect, this prohibit shall any discrimination and guaran- personsAll are before equal law the and are entitled without any discrimination to equal the 47 note 48. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/435/39/PDF/G0543539.pdf?OpenElement. available at University of Minnesota: Human http://www1. Rights Library University of Minnesota: Human http:// Rights Library de jure de and

SECOND CLASS RIGHTS PAGE 13 SECOND CLASS RIGHTS PAGE 14 62 Id. 61 Id. www.un-documents.net/a34r180.htm; http://untreaty.un.org/cod/avl/ha/cedaw/cedaw.html Nations, Treaty vol. Series, 1249,p. 13,available at Assembly,60 UN General “Convention on Elimination the of Forms All of Discrimination Against Women,” 1979), United (18 December 59 Id. 58 Id. available at and cultural rights (art. 2,para. 2,of the International Covenant on Economic, Social and Cultural Rights) (2July 2009) E/C.12/GC/20, ¶2 57 UNCommittee on and Economic, Cultural Social Rights (CESCR), http://www.refworld.org/docid/43f3067ae.html 7November [accessed 2013]. to the Enjoyment of All Economic, Social and Cultural Rights (Art. 3of the Covenant), (11August ¶1available 2005) E/C.12/2005/4, at at 56 UNCommittee on and Economic, Cultural Social Rights (CESCR), equal legal and legal equal capacity. civil 62 employment, elimination of discrimination inissues relating to marriage, family, and children, and participation for women including suffrage and ability to hold public office,parity in education and either of sexes or the on stereotyped roles for men and women.” treatyThepolitical calls for also full customary and other are practiceswhich all on of idea the inferiority based the or superiority the of patterns of conduct of men and women to achieving elimination with the aview of prejudices and reiterates that States “shall parties appropriate all take and cultural measures…to social the modify regulations, customs and constitute practiceswhich discrimination against women.” 5(a)further 61 Art. measures” to eliminate facto de legislative and executive actionto eliminate discrimination of women, as “appropriate well as all take Women (CEDAW), and it entered into force in treaty1981.60 The requiresthat States bothtake Parties In Assembly General 1979,the adopted Convention the on Elimination the of Discrimination Against on prohibited grounds.”59 cluding domestic laws, “to ensure that individuals and entities private inthe sphere donot discriminate must eliminate discrimination formally “both and substantively”58 and must they adopt measures, in- tional human rights law.”57 It notes further that in orderthe requirements to fulfill treaty,the of States 20 of ESCRCommittee, the “non-discrimination and equality are fundamental components of interna- The ICESCR repeatedly mentionsthe principle equalitybecauseof as emphasizedComment General in conjunction right guaranteed with every treaty. inthe 56 Moreover, travaux the preparatories at 7-15 Arts. at 2(f). at ¶11. at ¶2. http://www.refworld.org/docid/4a60961f2.html 7November [accessed 2013]. discrimination including “modify[ing] or abolish[ing] existing laws, for ICESR the explicitly state that articles 2and 3must read in be : http://www.refworld.org/docid/3ae6b3970.html 7November [accessed 2013]http:// General comment No. 20:Non-discrimination in economic, social General Comment No. 16:The Equal Right of Men and Women

D in practice.”65 In AHDR the fact, explicitly acknowledges that “nowhere Arab inthe world dowomen “womenAHDR, sufferfrom inequalitywith men and are vulnerable to discriminationbothlaw in and The impact these forcesof rightsthe on freedomsand of womeneven is more acute. As stated the by challengesetal of 22member the states of Arab the 63 League, of reports prepared by agroup of Arab scholars to address development and other economic- and soci According to UN Development the Programme’s Arab Human Development (AHDR), a series Reports 65 Id. 64 AHDR 2004,supra Palestinian Authority. Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Sudan, Somalia, Syria, Tunisia, United Arab Emirates, Yemen, and the 63 AHDR 2002,supra The AHDR Reports and West Bank). Unless specifically noted, Israelis not included in this designation. Oman, Qatar, Saudi Arabia, Syria, Tunisia, the UAE, Yemen, and the Palestinian Authority (both Gaza countries of Algeria, Bahrain, Iran, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, The term “Middle East and North Region”Africa (MENA)used as throughout this monograph refers to the AFRICA REGION SECTION II: WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH at 10. ability to advance.64 freedoms andcurtail fundamental rights and have citizen’s weakened good the strength and andsometimes under cover the tribalism, of religion. twin These forces have combined to are threatened by two kinds of that power: of undemocratic regimes and that of tradition world remain poor. Even disregarding foreign interventions, freedom inArab countries Despite variations from to country country, rights and freedoms enjoyed Arab inthe the lowestthe world inthe interms of protection the and promotion of women’s rights. amongly true countries the of MENA the region. These states have consistently ranked and equality are neither nor recognized promoted extent. to full their Thisparticular is women ininternational human rights law, inmany of parts world the women’s rights espite importance the of women’s and rights codification the to society equalityof for note 4,at 8-9. note 5.The countries theComoros, of League ArabareBahrain, Algeria, Djibouti, Egypt, Iraq, Jordan, Kuwait, -

SECOND CLASS RIGHTS PAGE 15 SECOND CLASS RIGHTS PAGE 16 79 Id. 78 Id. 77 Id at 91. human rights, inparticular, of those women. culture that enables authoritarian and abusive regimes to maintain control of UN human rights frameworks and entrenches abuses of and Arab inthe world.beliefs These dysfunctional and blatant distortions of internationallaw are part parceland samethe of institutional tion of international law, are offensive the extremeto and are indicative entrenchedof highly immoral attitudesframeworkswithin UN tic” and apparent the endorsement of deliberate suicide bombing and rocket attacks on Israeli civilians at cafes, buses, etc.. malls, in viola- 76 AHDR 2005, supra 75 Id. 74 Id. 73 Id. 72 Id. 71 Id. 70 Id. Europe, Asia, South/East America/Caribbean, Latin Sub-Saharan and Arab Africa, countries. 69 68 Id. 67 AHDR 2002,supra 66 Id. measures gender-based disparities and tracks changes over time, states the inMENA consistently rank According toGap Gender Global the Index compiled annually by World the Economic Forum, which GapThe GlobalGender & Index Freedom RankingsHouse cal reformcal such as freedom of and speech association.”79 “minimalthat cases, inseveral reforms inwomen’s rights were as apretext used to limit broader politi- by “claiming indefence acting to be of or obedience ‘honour’” of women.points78 The also report out womenvalues see as dependents of men.”77 It notes further that systems legal entrench attitudes these son for lack the of women’s equality MENA inthe region is that “the prevailing culture masculine and on Thespecifically genderthe 2005 AHDR in Arab focused World76 and concludes that rea- aprimary representationpolitical lowest (the proportion of women representatives inparliaments).75 (at arate double “of those and Caribbean the and America, Latin four that times of Asia”), East 74 and education region (the has one of world’s the lowest rates for female education),73 maternal mortality include AHDR inthe region series literacy (more described than of half Arab women are illiterate), enable to them exercise capabilities those to full.” the areas72 Other of significant concern forthe Arab empowerment of Arab women, advantage taking of opportunities all to build capabilities their and to stitutions. for participation. political 70 Similarly, MENA ranked below average for metric governance inevery in- gions, Arab the region ranked lowest interms of freedom by asignificant margin,69 as well as lowest the ment of women, and knowledge.”68 For instance, after comparingdata gatheredfrom global seven re- realizationto full the of human rights and women’s equality inMENA countries: “freedom, empower The first AHDR threedeeply (2002)highlights rooted shortcomings that serious obstacles posed have broadly discriminated against law inboth and custom.”67 enjoy equality with men”66 and that “women remain severely marginalized inArab systems political and Id. at 64. at 3. at 3,151-55. at VII. at 110-11. at 108. at vii. at 92. at 27,Figure 2-4:“Average value of freedom scores, world regions, 1998-9.”seven The world regions are Oceania, America, North 71 The thatstressesreport in order to improve, Arabsocieties must provide for complete“the note 20.The author would like to comment, however,that statements certain the in calling report Hamas “pluralis- note 5,at 9. -

88 Bahrain, Jordan,88 Bahrain, Kuwait, Qatar, Saudi Arabia, UAE 87 Coleman, supra few gains for women region, inthe many of advances these were back or dialed even eliminated after 2011. available at and Middlethe East North Progress Africa: Amid Resistance. ed. Sanja Kelly and Julia Breslin. New York: Rowman &Littlefield (2010) 86 Sanja Kelly. “Hard-Won Progress and Women’s aLong Ahead: Road Rights and Middle inthe East North Africa.” Women’s Rights in 2013%2C%20final.pdf. 85 Freedom House, “Map of Freedom” (2013)available at 84 Id. 83 Hausmann, supra countries. 82 Mali (128),Côte d’Ivoire (133)round (130),Chad out bottom the p. 10.See for 25,infra, atable showing rankings for Middle East all 81 Id. 80 Hausmann, supra In many countries MENA inthe region, discrimination on gender based is not prohibited.88 But even JureDe Discrimination stagnate economically, fail to develop democratic institutions, and become more prone to extremism.”87 are as “subversive.” viewed Coleman concludes that countries those “that suppress women are likely to economy Coleman notes and of societies, other that these aspects supporting women’s human rights And even though it is that recognized improvement of women’s standing would positively impact the outcomesthese are aresult of “conservative, patriarchal practices, often reinforced by religious values.” As noted by Isobel on Coleman, an women expert at Middle in the East of Council the Foreign Relations, and Middlein the East North Africa” starkly notes that were ranked “partly free.”85 In terms of women’s rights, Freedom House’s 2010 report “Women’s Rights region in this country was ranked “free.” Lebanon, Only Egypt, Libya, Kuwait, Morocco, and Tunisia Similarly, Freedom House has consistently ranked vast the majority of MENA states as “not free.” No MENA on country Gap Gender Global the Index, United the Arab Emirates, is only ranked 107.84 that ranked zero for women’s empowerment political (Brunei was third). the 83 The highest ranking Morocco (129), Iran (127), and (126).82Saudi Egypt Arabia and Qatar were two of only three countries worldwide,81 and ten the lowest ranked countries include Yemen (135),Syria (132),Saudi Arabia (131), participation,cal economic opportunity, and In health. 2012,MENA ranked lowest the of regions all at bottom the ofanalyzes 136 countries the 80 Thewomen’s survey surveyed. access education,to politi - at 18“Table by 6:Rankings region, 2012”. at 17,Figure 2:Regional performance on Gap Gender Global the Index 2012. the wife herthe husband. to obey remains violence also based Gender asignificant problem.86 husbandthe power over his wife’s right to work, and insome instances require specifically ily life. Laws inmost of region the declare that husband the of is head the family, the give regulatewhich marriage, divorce, child guardianship, inheritance, and of other fam aspects - Perhaps most visibly, women facegender-based discrimination inpersonal-status laws, privatethe sector, and insome countries are they completely absent from judiciary. the Women region inthe are significantly underrepresented insenior positions inpolitics and interpretations of Shari‘a (Islamic law), continue to relegate women to asubordinate status. laws customs. and social Deeply entrenched norms, combined societal with conservative women throughout continue Middle the East to facesystematic discrimination inboth http://www.freedomhouse.org/sites/default/files/270.pdf . this written While report, prior the to “Arab Spring”, mentions a note 1. note 6,at 16“Table by 5:Rankings subindex, 2012.” note 6. http://www.freedomhouse.org/sites/default/files/Map%20of%20Freedom%20

SECOND CLASS RIGHTS PAGE 17 SECOND CLASS RIGHTS PAGE 18 100 2005AHDR, supra note 20, at 116-17. 99 Id. 98 Id. 97 Id. enforce given Saudi Arabia’s guardianship system for women. 96 It is unclear Saudi new ifthe law apply will to rape. spousal Moreover, by imposed penalties the law the are and minimal difficult to 95 Id. 94 Id. 93 Id. 92 Id. www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper. various reports country 91 See at U.S. Department of State, “Country on Reports Human Rights for Practices 2012”available http:// via arabia-domestic-violence/index.html. welcome Saudi Arabia’s law on domestic violence” (September 2,2013)available at incorporatedWhether be law the will infact and implemented remains e.g., Stephanie See, seen. to be Ott, “Human rights campaigners 90 OnSeptember Saudi 2, 2013,the parliament a law passed imposing minor and criminal penalties financial for domestic abuse. Authority, Lebanon, Libya, Morocco, Oman, Syria, Tunisia Iran Egypt, 89 Algeria, (though its anti-discrimination provision is limited conformity “in to be with Islamic criteria”), Palestinian In Kuwait, for instance, maximum the for penalty an honor is 3 years killing in jail. In Iran, women can garding weigh heavily crimes these infavor of perpetrators the and impose light punishment. criminal primarily committed against girls and women are who of behaving accused “immorally.” Penal law re- includeThese crimes gruesome suchbeheadings, as alive,burning forcedself-immolation, and torture, sive inmany MENA countries including Iraq, Egypt, Jordan, Lebanon, and Palestinian the Authority.100 Honor (murders killings by perpetrated relatives inorder to ostensibly defend “family honor”)- are perva rapistthe 98 In marrieshis victim. Saudi Arabia, rape themselves victims prosecuted. criminally can be 99 is not acrime.97 In Iraq, Lebanon and Syria, charges of rape are dropped and conviction the nullified if Iran,Egypt, Jordan, Kuwait, Lebanon, Morocco, Oman, Saudi Arabia,96 Syria, and Yemen, rape spousal rape spousal whether is prohibited donotthey specify under law. the 95 In other countries, such as rape Iraq, Bahrain, criminalize inAlgeria, codes Libya, Palestinian the Authority, Qatar, and UAE, the Throughoutthe region,withthe exception of rapeTunisia, spousal is notpenal the criminalized. While are available for domestic law violence the victims, is mostly unenforced.94 violenceuse against female and minor family members.93 Even incountries where some remedies legal “within limits certain prescribed by law or custom.” Under UAE’s the men code, are penal allowed to for at least fifteen days and presentdoctor’s a note.92 In Iraq, ahusband may punish legally his wife it. hibit Iran,Egypt, Palestinian Authority, Jordan, Lebanon, Saudi Arabia,90 and Syria, donot explicitly pro- In MENA all countries, domestic violence is aserious problem. Most countries, including Bahrain, Domestic Violence Women’s presence and roles inpublic life and spaces are often controlled. strictly discriminate against women matters inall relating to nationality, marriage, divorce, and child custody. fathers. Violence by perpetrated family members is overlooked and rarely prosecuted. Laws generally laws and family Women codes. are as minors viewed and under guardianship the of husbands their and inequality persists. This is social largedue in thepart incorporation to of Sharialaw intopersonal status countriesin those where gender discrimination is ostensibly prohibited by law, and legal 89 pervasive 91 In inorder Algeria, for of abuse spousal avictim to file charges, she be incapacitatedmust http://www.cnn.com/2013/09/02/world/meast/saudi- 107 Report of Rapporteur,107 Report Special supra 106 Id. 105 Id. 104 AHDR 2005,supra files/FGCM_Lo_res.pdf 103 UNICEF, “Female Mutilation/Cutting Genital –AStatistical Overview,” July 13,2013,at 2,available at 102 Id. causes and consequences,” E/CN.4/2006/61/Add.3, 27January 2006,at 13. Perspective: Violence Against Women, of Rapporteur Report Special the on violence against women, its 101 Yakin Ertürk, “Integration OfThe HumanRights Of WomenGender And A Saudi Arabia. Polygamy Djibouti, Bahrain, in Algeria, is legal Eypt, Iran, Iraq, Jordan, Kuwait, Libya, conviction on apostasy laws (punishable by death insome countries), including Kuwait, inEgypt, and only obtain citizenship fathers. their via Women are forbidden non-Muslims from marrying and face mit nationality to children their or spouse. Children inJordan, Kuwait, Saudi Arabia, and Syria may another relative. male 107 In Lebanon, Bahrain, Qatar, and Saudi Arabia, women are unable to trans- For example, in Iran and Saudi Arabia, women may with permission the ofonly father their marry or inheritance. do not enjoy same the rights and protections as men inmatters of marriage, divorce, child custody, and domestic violence, status personal laws are explicitly discriminatory against women. Routinely, women Not only domost MENA countries mete out lenient punishment for honor and killings other forms of abroad. Indeed some claim that changes these have made solely to been enhance image the of country the tivism, forcing women to advocate within channels established and monitored by government. the 105 many reforms legal benefitting women have accompaniedbeen by restrictions placed on women’s ac- region, Sharia law plays asignificant role in regulating family matters and women’s status. In addition, Even inTunisia, as most the is which viewed progressive on country women’s rights MENA inthe Many of laws these are “derived from interpretations theological and judgments.” 104 many areas of law the that regulate women’s lives, family and particularly codes status personal laws. In other MENA countries, Sharia law while not does govern entire the system, legal it is applied in Sharia law inplace inIran, is fully Iraq, Mauritania, Qatar, Saudi Arabia, Sudan, UAE, the and Yemen. Personal Status Laws &Family Codes Djibouti, Sudan, 88%inthe 91%inEgypt, and 23%inYemen.103 Female Mutilation Genital widely with rates (FGM)is practiced also 93%in as 98%inSomalia, as high relations with anon-Muslim man.102 tion, or illegitimate bearing children.101 Women are subject have to death the ifthey penalty sexual sentencedbe to flogging and death by stoning forsexual or moral offenses such as adultery, prostitu- at 12. at 15 106 note 20,at 19. note 101,at 15. http://www.unicef.org/media/

SECOND CLASS RIGHTS PAGE 19 SECOND CLASS RIGHTS PAGE 20 01424052970203370604577265840773370720.html 115 ShirinEbadi, “A Warning for Women of Arab the Spring”, Wall(2012) Journal Street 114 Id. of Rapporteur,113 Report Special supra cis_1149.html. 112 USState Dept, “Jordan Specific Information,” Country March 26,2013,available at of Rapporteur,111 Report Special supra Marriage_12.lo.pdf 110 UNICEF, “Early Marriage, AHarmful Traditional Practice,” 2005,at 11,available at of Rapporteur,109 Report Special supra cfm?abstract_id=563282. Oppression and Impoverishment: An Argument for its Prohibition” (July 23,2004)available at taryanalysis/oh-lord-wont-you-buy-me-a-new-wife; Susan Vanessa M.G.VonContribution Struensee,“The of Polygamy to Women’s 108 Joumana Haddad, “Oh Lord, Won’t You Buy Me aNew Wife,” NOW. (2013):available at hotels without permission. In Qatar, relatives male may petition courts to prevent adult female relatives or travel abroad without permission the of guardian. amale Unaccompanied women may not stay in Freedom of movement for women is severely restricted. In Iran, a woman may not obtain apassport riage, employment, and travel. “guardianship” systems on imposed women, rights restricts the which of women inrelation to mar segregationsex governs public both and private institutions. Qatar and Saudi Arabia have adraconian enforced inIran today not does consider women human full to be beings.”115 Saudi Arabia’s system of as well as in Hamas-controlled Gaza. As one Iranian human rights activist noted, “the law that is being segregationSex and other intense control over women’s lives are inIran pervasive and Gulf the States, &Guardianship Segregation Sex for offenses criminal as young as agewhile for 9, boys, the age is 15.114 ing areas legal to certain like family, property, and law. criminal In Iran, as girls an may adult tried be Yemen. In most other MENA countries, women’s testimony is not of as equal the viewed aman’s relat- Regarding proceedings, legal women’s testimony is only worth of half a man’s in Iran, Saudi Arabia, and amount. full the The Palestinian Authority,Qatar, theand also women’sUAE restrict inheritance. only inherit aportion of ahusband’s property inaccordance with Shia Sharia,women while may inherit in Iran women are unable also to inherit land.113 In Kuwait, Bahrain, and Lebanon, Sunni women may In Iran, Egypt, Jordan, Morocco, Saudi Arabia, and Syria, women may only inherit that half of men, and from leaving inJordan, country the but women may not. 112 SaudiBahrain, Arabia, and Yemen, age the is 7for sons and 9for girls. Men can prevent children their father, and fathers automatically gain custody of children their older than 7following adivorce. 111 In custody lawsChild favor men over women. In Iran, guardianship legal of children is granted to the riage. More than 25%of girls are before married age 15,and many girls are at married age 8.110 year old girls with permission may the of acourt. In marry Yemen, there is no minimum age for mar after can marry reaching puberty,somewith leading religious figuresclaiming the age is10. In 13 Syria, Iraq, age the inJordan, is 14,while Kuwait, and Palestinian the Authority it is 15.In Saudi Arabia, girls marriageChild issanctioned legally inmany countries. In Iran, girls as young as 13can marry. 109 In UAE, and Yemen, despite its documented detrimental impact on women and children.108 Mauritania, Morocco, Oman, Palestinian Authority, Qatar, Saudi Arabia, Sudan, Somalia, Syria, the at 15. note 101,at 14-15. note 101,at 14. note 101,at 15. http://www.unicef.org/publications/files/Early_ available at http://travel.state.gov/travel/cis_pa_tw/cis/ https://now.mmedia.me/lb/en/commen- http://online.wsj.com/article/SB100 http://papers.ssrn.com/sol3/papers. - - not ratified CEDAW. 125 Oman, Qatar, Saudi Arabia, and UAE the have neither nor signed ratifiedthe ICCPR theand ICESCR; Somalia,Iran, and Sudan have 124 Id. Law and Foreign Affairs 237. Mayer123 Ann Elizabeth (2000).“A Apartheid: Benign How Apartheid Gender Has Rationalized”. Been blz.htm. Telegraph “Saudi122 BBC, Police ‘Stopped’ Fire Rescue,” (15March. 2002)available at at Wahied Wahdat-Hagh. “Iran’s Moral Police Combat “Virus” the of Western-Oriented Women.”Commentator The www.hurriyetdailynews.com/irans-morality-police-tighten-control-on-women-with-the-rising-heat-.aspx?pageID=238&nid=19672; 121 ”Iran’s “Morality Police” Tighten Control on Women with Rising the Heat.” Hurriyet Daily News. (1May 2012)available at articles/2013/05/29/erotic_republic_Iran_sexual_revolution%20?page=0,1. 120 Afshin Shahi, “Erotic Republic.” Policy Foreign world/feedarticle/8597375?FORM=ZZNR8. Hadid,119 Duaa “Hamas Tries to Woman Detain Walking with Man.”Guardian The en/20090821-morality-patrol-comes-knocking-gaza-week-middle-east. 118 FRANCE 24,“The Morality PatrolComes Knocking inGaza.” 24(30Aug. FRANCE 2009)available at 9%88%D8%B1%D8%AF-%D8%A8%D8%A7-%D8%A8%D8%AF%D8%AD%D8%AC%D8%A7%D8%A8%D8%A7%D9%86. AA%D8%B5%D8%A7%D9%88%DB%8C%D8%B1-%D8%AA%D8%B4%D8%AF%DB%8C%D8%AF-%D8%A8%D8%B1%D8%AE%D e.g., Entekhab,117 See, “Photos: aggravation of with dealing dress” (Persian) ast/2013/04/2013428030514192.html Jazeera,116 Al “Saudi Arabia ban on eases women riding bikes,” April 2,2013,available at tion on article2of CEDAW announcing Arab thatRepublic “The willing is to complyof Egypt withthe such that provisions the not will conflictwith Sharialaw. 125 For example, stated- Egypt ageneral reserva of countries these have declared reservations human to these rights treaties restricting implementation While many Arab and Muslim states have and signed ratified the and CEDAW,ICESCR, ICCPR, most to InternationalReservations Human Rights Treaties from roles establishment.” political inthe 124 apartheid found…in can be some countries Middle Eastern where women are completely excluded of same the patterns of oppression and domination that were as recognized underlying South African to include systems these of complete gender segregation.123 As noted by Mayer, Ann Elizabeth “many situationthe one to be of “gender apartheid” and have advocated for expanding of crime the apartheid The situation for women inSaudi Arabiathatso dismal is many commentators scholarsand have labeled asgirls aresult. died proper Islamic dress. also whoblockedto helpmen They weregirlsthetrying escape. 122 Fifteen young (religious to refused police) allow schoolgirls out of aburning building were they because not wearing morals the police of other women on streets. the 121 In one horrific example inSaudi Arabia, mutaween by its interpretation of Islamic law.”120 As such, government the employs more than 70,000women to in public with unrelated men.119 In Iran, “there no facetof is virtually private life that is not regulated regime’sthe version of Islam.118 In Gaza,women have threatened been with detention for appearing regimes have created “religious police” that patrol streets the and harass donot who those conform to Failure to comply can result codes with these inimprisonment and fines. Moreover, many these of dressRestrictive are codes inplace for women inIran, Saudi Arabia, and Palestinian the Authority.117 bidden from driving and are even subject to restrictions on riding bicycles or motorcycles.116 from leaving country. the In Saudi Arabia, “guardian” amale must approve travel. all Women are for http://www.thecommentator.com/article/1355/iran_s_moral_police_combat_the_virus_of_western_oriented_women. at 245. , “15 Schoolgirls DieAs, “15Schoolgirls Religious Police ForceBack Them Into Blaze,” (15 March 2002)available at (2013): n. pag. 29May (2013):n.pag. 2013available at available at http://news.bbc.co.uk/2/hi/middle_east/1874471.stm; The (8July 2009)available at http://www.entekhab.ir/fa/news/128020/%D8% http://www.aljazeera.com/news/middlee- http://www.foreignpolicy.com/ UCLA JournalUCLA of International http://rense.com/general21/ http://www.guardian.co.uk/ http://www.france24.com/ (27June 2012)available http:// -

SECOND CLASS RIGHTS PAGE 21 SECOND CLASS RIGHTS PAGE 22 aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en#EndDec. Portugal, and Czech Republic the voiced similar objections to reservation. http://treaties.un.org/Pages/ViewDetails. this 130 129 Declarations, and Reservations Objections to CEDAW, supra and Kuwait submitted also reservations to provision. this (2), 128 Convention on Elimination the of Forms All of Discrimination Against Women (CEDAW), New York, 9 1979,Article 18December 127 Id. un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en#EndDec. 126 Status of Convention on Elimination the of Forms All of Discrimination against Women (CEDAW), available at Kingdom of Saudi Arabia to Convention.” the 130 remarked that Saudi Arabia’s reservations to CEDAW “raises doubts as to commitment the of the and equality. As a result, many other countries have reservations. objected to these For example, Austria theThese core essentiallytreatiesreservations these of they nullify as relatepurpose to women’srights on condition that donot they conflictwiththe provisions theAlgerian of Code.”Family 129 People’s Democratic Republic of declares Algeria that it is prepared to apply provisions the of article this above, discriminate against women. for Algeria, instance, commentsGovernment that “The the of notdoes conflictwith domestic family most codes, which of are governed by Sharia, and as described of children.” their MENA128 Other countries express to willingness abide by treaty the to extent the it requires9(2) which state to “grant parties women rights equal with men with to respect nationality the of Convention.” the 127 Moreover, Saudi Arabia declared that it didnot consider itself bound to Article normsthe of islamic [sic] law, Kingdom the is not under obligation contradictory the terms to observe Similarly, Saudi Arabia states that “In of case contradiction any between termof Convention the and content of article, this provided that such compliance not counter does run to Islamic Sharia.” the 126 available at Id. Libya, Malaysia, Mauritania, Morocco, Oman, Qatar, Syria, and UAE the have similar language. Canada, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Netherlands, UK, Poland, Sweden, Spain, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article9. Jordan, Lebanon, Oman, Qatar, Syria, UAE note 126.Tunisia and Pakistan have similar language. http://treaties. T 137 European Union, Parlimentary Assembly, Resolution 1873, 2012 com/2012/03/08/world/middleeast/arab-spring-fails-to-allay-womens-anxieties.html?_r=2&. F.136 Rana Sweis, “Arab Spring Fails to Allay Women’s Anxieties.” New York Times opinion/15friedman.html. 133 Moshe Arens. “Arab Spring Will Just Bring upon Islamist Dictatorships.” Scholars (2012)available at 132 Kendra Heideman and Mona Youssef, eds. rundown/2011/03/-yemen-protesters-are-hoping.html. 131 PBS. “In Shadow of Libya, Protests Continue inYemen, Oman, Bahrain.” PBS, 01Mar. 2011. http://www.pbs.org/newshour/ eID=18249&Language=EN%20. 135 Thomas Am a Friedman, “”I Man””Editorial. New York Times icans-should-fear-the-middle-east-and-north-africa-revolutions.html. 134 Niall Ferguson, “Un-American Revolutions” 27Feb. 2011available at print-edition/opinion/arab-spring-will-just-bring-upon-islamist-dictatorships-1.396976. the beginning of beginning the Arab the Spring.”137 Coleman highlights that “there is no guarantee that women’s As noted by of Council the Europe, have “There no been major improvements in women’s lives since and substantial the rollback on reforms for women region. inthe 136 and human rights, but rather represents silencing the of women’s voices, harassment of female activists, .” e on tor stating “I am aman,” remarking “If there is one that sign sums up whole the Arab uprising, it’s that 2011 op-ed, New York Times The impact grave,on women especially been has despite their significant therole in protests. Ina May means Islamists like Muslim the Brotherhood.”134 pass to organized, best the most and radical, most elements ruthless revolution, inthe case inthis which Niall Ferguson predicted far that more “The likely outcome—aspast in revolutions—isthat power will Islamic, or ‘moderate’ Islamists, but leaders are their neither nor mild moderate.”133 Similarly, historian selves into that believing Islamic the contesting parties elections the Arab inthe countries are ‘mildly’ different outcomeLibya in Egypt, whenor elections Syria, are there…Observers mayheld them- fool mantlethe of dictators…Tunisia the is coming under Islamic And there rule. is no a reason to expect accuratelywho gauged significance the the of revolts, thatpredicted “the Islamists are going to inherit regimes.abuses of Moshe that those deposed the rivaled Arens, one of commentators few political the (In Syria, Islamist may parties control take Assad ifthe government These forces falls.) often engaged in quickly took power and inEgypt Tunisia, and gained asignificant presenceLibya’s in new government. what world the was witnessing was not an “Arab Spring” but rather an “Arab Winter.” Islamist parties As revolutions the swept through Libya, Egypt, and Syria, it quickly apparent, became however, that were quick to adopt theme. this end to gender and religious discrimination. Many pundits political and human rights organizations of human rights. In particular, it was hoped that changes political these would to lead reforms and an long-standing dictators from power would and usher to eraof flourishing inanew lead the democracy SECTION III: THE “ARAB SPRING” 135 Ironically, however, that sign the captivated Friedman is not asymbol of eraof anew freedom the demonstrations.the 132 It was thought that massive the popular protests and removal the of Morocco,place inBahrain, Oman, and Jordan.131 Women were active and highly visible in thrown inTunisia, Libya, Egypt, and Yemen. Mass protests demanding reform took also for beginning new MENA the region. Dictatorships and authoritarian regimes were over he “Arab Spring” revolutions, in Tunisia beginning 2010, were in December hailed as a http://www.wilsoncenter.org/sites/default/files/International%20Women%27s%20Day%202012_4.pdf. columnist Thomas held asign up Friedman describes Libyanby a protes- Reflections on Women in the Arab Spring: Woodrow Wilson International Center for available at 14May 2011available at http://www.thedailybeast.com/articles/2011/02/27/why-amer Haaretz http://assembly.coe.int/ASP/Doc/XrefViewPDF.asp?Fil . N.p., 7Mar. 2012available at , 22Nov. 2011 http://www.nytimes.com/2011/05/15/ available at http://www.haaretz.com/ http://www.nytimes. - -

SECOND CLASS RIGHTS PAGE 23 SECOND CLASS RIGHTS PAGE 24 global-gender-gap-report-2013. noteGender Gap 6;The Rep.Global Report. Geneva: WorldEconomic Forum, 2013, available at 140 2013 is out of 136 countries; 2011 and 2012 are out of 135 countries; 2010 is out of 134. Hausmann, Tyson, 2012, and Zahidi Source/IAW_arab_spring_report.pdf. Women’s Organisations in the MENA Region. Rep. N.p.: International Alliance of Women (2013)available at el Rabia Morabet also Day%202012_4.pdf.; See Belhaj and Anje Wiersinga. Wishes, Demands, and Priorities of National and Regional International Center for Scholars (2012)at 3available at 139 Rola Dashti inKendra Heideman and Mona Youssef, Reflections eds. on Women in the Arab Spring: Rep. N.p.: Woodrow Wilson com/articles/2011/12/20/arab_spring_women. 138 Isobel Coleman, “Is Arab the Spring for Bad Women?” Foreign Policy Magazineavailable 2011 . 20Dec. at attacks have continued despite change the inpower. Shocking examples included gang the assault on against Mubarak the regime were marked by harassment mass sexual and assault on women, and these to some reports, were harassment. of victims the sexual Indeed, demonstrations the inTahir Square For years, studies had shown that a significant proportion of women,Egyptian up to 70%according Egypt (2010-13) Gap (out Index Gender Global Rankings of 135)for theMENA Region tom of Gap Gender Global the Index, and showed little improvement in2013. revolutions,the most of countries the MENA inthe region had dropped or remained bot- near very the These bleak predictions are in changesreflected Gender the in Global Gap Index. In2012, oneyear after repressive regimes to rejection with Islamists regimes.”139 exclusion from governments new the and have position their move seen “from marginalization during gains” and there is “concern that rights their women erode.” see will 138 Many women have experienced able be torights turn activists will engagement their into longer-term economic, and political social, Saudi Arabia Mauritania Lebanon Morocco Bahrain Algeria Jordan Kuwait Tunisia Yemen Egypt Oman Qatar Libya Syria UAE Iraq Iran 140 2013 SCORE 109 130 124 136 129 133 125 123 132 122 127 119 116 115 112 ------http://www.wilsoncenter.org/sites/default/files/International%20Women%27s%20 2012 SCORE 109 120 107 126 129 135 132 125 122 127 119 131 115 121 ------111 2011 SCORE 108 105 103 129 124 125 123 135 127 110 114 118 131 121 117 ------111 http://www.weforum.org/reports/ http://www.coe.int/t/ngo/ http://www.foreignpolicy. 2010 SCORE 105 120 103 134 107 129 124 123 125 122 127 110 119 116 113 117 ------supra es/2013/08/201381494941573782.html. Trew,148 Bel “Egypt’s assault sexual epidemic” Jazeera, Al 14 August 2013available at Women also see views/2012/01/25/190506.html; inDemocratic Transitions MENA inthe Region. 2013,supra 147 Najat Al-Saeid, “No Arab Spring without Women.” Arabiya Al News (2012)25Jan. 2012available at June 2012available at Nabila also see views/2011/11/08/176045.html; Ramdani, “Egyptian women:were doing ‘They better under Mubarak’”Guardian The Dawood,146 Aliaa “Backlash against ‘Suzanne Mubarak laws’ was inevitable” 08Nov 2011 available at 145 Moushira Khattab inHeideman and Youssef, supra 144 “Male actor dresses as woman harassment” sexual to experience CNN.May 23,2013.https://www.youtube.com/watch?v=LvNZt1T5rAQ. center.org/sites/default/files/Women_in_democratic_transitions_in_the_MENA_region_compilation.pdf at 44. 143 Global Women’s143 Global Leadership Initiative, punched-whipped-flag-poles.html. Mail Online. Daily Mail UK,21Feb. 2011available at 142 “Stripped, Punched and Whipped with Flag Poles: Full Horror of Logan’s Lara Attack Emerges.” Mail Daily http://www.dailymail.co.uk/news/article-1382653/Lara-Logan-reveals-new-details-sex-assault-Egypt.html. Terrifying New Attack of Details Sex inEgypt.” Mail Daily 141 ”’TheyRipped off Clothes My andTook PicturesCell on Their Phones They as Groped Beat and Reveals Lara Logan Me’: Reporter system established under Mubarak the government, hadwhich mandated level a minimal of women’s nation on gender, based orientation, sexual or gender identity. also Thetheabolished SCAF quota basis of race, origin, language, religion, creed, disability, status, and social it didnot prohibit- discrimi provisionsseveral of concern for women. While it prohibited discrimination against citizens on the 30. There were no women appointed the committeeto that document, drafted the which contained bypassed referendum by 77%of electorate the on March 19,2011,and came into force on March power two days after Mubarak’s departure, proposed amendments to Egypt’s constitution,which were Prior to parliamentary new elections, Supreme the of Council Forces Armed the took (SCAF),which summerthe of 2013.148 were aprominent also feature of demonstrations the surrounding ouster the of Mohammed Morsi in unclothedand through dragged partially streets the of Tahir harassment Square. 147 Sexual and assaults home and babies” their feed and at 2011 protest a December one woman was kicked by troops Egyptian memorate International Women’s Day was met with chants by Islamists radical telling women to “go regime and therefore that had dismantled. believed to be they 146 A March 2011 demonstration to com- of reform country. inthe As aresult, however, many reforms these Egyptians viewed to old the as tied turned against them.”145 Suzanne Mubarak active on women’s was very issues and instituted some level year later, women Egyptian that find trainthe of change has not behind, onlythem left but has infact rated. As stated by Moushira Khattab, aformer ambassador Egyptian to Italy and“One South Africa, Following demonstrations the and overthrow the of Mubarak, situation the for women deterio - further something he wouldn’t wish on anyone.”144 can’t imagine living my life single day.” like that every He remarked that living as awoman “is inEgypt as afemale what to experience it was like for women and country inthe commented, “I, as aman, I “virginity tests” by military. the investigative143 Amale reporter for show apopular dressed inEgypt TV tacking her. demonstrators142 Other were subject to similar harassment and afterwards administered with sticks and flagpoles by a mob of 200 men.141 The mobalso chanted “Israeli” and “Jew” while at- clothesCBS reporter Logan, whose Lara were ripped off assaultedshesexually while was whippedand http://www.guardian.co.uk/world/2012/jun/04/egyptian-women-better-under-mubarak. Women in Democratic Transitions in the MENA Region. (2013) note 11at 2. http://www.dailymail.co.uk/news/article-1358944/Lara-Logan-attack-Stripped- Report (2011): n. pag. Mail (2011):n.pag. Report Online. Daily Mail, 02May UK 2011available at http://www.aljazeera.com/indepth/featur available at http://english.alarabiya.net/ http://www.alarabiya.net/ note 144. Report (2011): n. pag. (2011):n.pag. Report http://www.wilson- , 4

SECOND CLASS RIGHTS PAGE 25 SECOND CLASS RIGHTS PAGE 26 at ¶14. of violence against women and girls” 19March 2013available at 159 United Nations Economic Council, Commission and on Status the Social of Women, elimination “The and prevention all formsof 158 USState Department Human supra Rights Reports, Women’s157 Global Leadership Initiative, supra 156 Sweis, supra hrrpt/humanrightsreport/index.htm?year=2012&dlid=204357#wrapper. 155 USState on Reports Human Department, “Egypt: Country Rights for Practices 2012”available at Women’s154 Global Leadership Initiative note supra , 143,at 30. 153 Esfandiari, note supra 150,at 3. 152 Id. 151 Freedom House, “Egypt: Freedom World inthe 2013”available at wilsoncenter.org/sites/default/files/Arab%20Awakening%20Marginalizing%20Women_0.pdf at 3. 150 Haleh Esfandiari “Is Arab the Awakening Marginalizing Women”. Wilson Center Program, Middle East 2012available at 149 Women inDemocratic Transitions MENA inthe Region. 2013,supra dutythe of States political, economic regardless and cultural of their systems to promote and protect and and variousparticularities religious historical, cultural backgrounds must borne inmind, be it is against Women.” noted159 Thethat documentfurther the significance “while of national and regional obligations with to respect its elimination out as set Declaration inthe on Elimination the of Violence on States to “to refrain from invoking any custom, tradition or religious consideration to avoid their on UNMember States to work to eliminate gender-based violence and human trafficking. called also It laration elimination on “The and prevention all formsof violenceof against women girls,”and calling strengthen women’s rights. In March UNCommission 2013,the on Status the of Women issued- adec The a also took hostile new in regime approachEgypt to international initiatives to protect and fundamental individual rights”157 and “limits women’s rights compatible to those with Islamic law.”158 pressed shock at resulting the “male gender constitution.”156 Specifically, it places “public morals above scientist Association heads the who social for Development and Enhancement of Women ex- inEgypt, and many of law new the aspects discriminated against women.155 Iman Bibars, aprominent Egyptian resulting document adopted equality provisions 2012erased inDecember men and between women, tives dropped out of discussions the due to concerns regarding inclusiveness the of process. the 154 The for The committee Egypt. was dominated by Islamist parties, and many secular representaand liberal - A committee formed was also around of time the presidential the to election draft constitution a new president.153 campaign,the for instance, he said that women and non-Muslims should barred from be for running to his it election, was clear that he would not achampion be for women or minority rights. Before In June 2012,Muslim Brotherhood candidate Mohamed Morsi Egypt’s was elected president. Prior to lesselected than 10seats down from previous 64inthe government. more than 50%of upper the house’s 270seats inJanuary and February 2012elections.152 Women were and SalafistAl Nour party won morethan 70% the lowerof house’sseats.same 498 parties 151 These won In parliamentary elections November held between 2011and January Muslim 2012,the Brotherhood rights.150 to lower age legal the of marriage for girls to age limit FGM,and 9,legalize women’s further custody participation parliament. inthe constitutional the 149 During process, proposals were put forth seeking note 136. note 143at 30. note 91. http://www.un.org/ga/search/view_doc.asp?symbol=E/CN.6/2013/L.5 http://www.freedomhouse.org/report/freedom-world/2013/egypt. note 144. http://www.state.gov/j/drl/rls/ http://www. 168 Esfandiari, supra articles/139605/robert-springborg/sisis-islamist-agenda-for-egypt. Springborg,167 Robert “Sisi’s Islamist Agenda for Egypt,” Democracy%20Compass%20-%20August%202013.pdf. 166 Freedom House, Compass” “Egypt Democracy August 2013available at http://www.nytimes.com/2013/08/15/world/middleeast/egypt.html?pagewanted=all&_r=0. 165 David D. Kirkpatrick, “Hundreds Forces Dieas Egyptian Attack Islamist Protesters” New York Times 164 Id. online.wsj.com/article/SB10001424127887323899704578583191518313964.html. 163 Matt and Bradley Abdellatif, Reem Ousts “Egyptian President Military Morsi” Wall Journal Street Declaration for Violating Sharia Principles” 14March 2013available at 162 Ikhwanweb (The Muslim Brotherhood’sEnglish Official web site) “Muslim Brotherhood Statement Denouncing UN Women 161 Id. 160 Id. discrimination against women; there likewise, are no measures electoral inthe law adopted inJanuary society. The draft constitutional charter adopted in August 2011 contains no provision for prohibiting measures to ensure rights equal and frustrated participation equal and representation for women in governmental didnot include any women.168 The National TransitionalCouncil (NTC) take failed to The situationLibya in is similarly precarious. The opposition groups in charge of negotiating transition- Libya power, has agenda apolitical to seeking combine Islamism with militarism. 167 future. for women remain within country the and perilous highly are to not improve expected near in the Although,within Egypt. Muslim the Brotherhood is no longer incharge of government, the conditions troops. andpolice 165 At military of time the publication of monograph, this chaos continues to reign ed. followingmilitary mass protests.163 He and other members of Muslim the Brotherhood were arrest- In June 2013,events shocking turn Morsi when took afurther inEgypt was ousted by Egyptian the for need the ahusband’s consent inmatters like: travel, work, or of use contraception.”162 as: allowing Muslim women non-Muslim to marry men, and abolition of polygamy,” and “cancelling sharing of roles within family the men and between women,” “full equality in marriage legislation such bands accusing of them rape harassment,” or sexual “replacing guardianship with partnership, and full Brotherhood objected to document’s the “giving rights complaints wives to legal file full against hus - buildingbasic block of society, according toConstitution.” Egyptian the In particular, Muslim the that contradict established principles of Islam, undermine Islamic and ethics destroy family, the the Nevertheless, Brotherhood the sharply declaration the criticized arguing that it “includes articles protection of law.” the 161 tions for denying women freedom their of movement, the right to own property and right the to equal humanall freedoms.” rights and fundamental 160 It urged States to “refrain from justifica- using social 164 OnAugust 14,hundreds of Brotherhood members protesting coup the were by Egyptian killed page 10. ¶15. 166 Some commentators that evenbelieve commander the of Egypt’s armed forces, assumed who note 150,at 3. Foreign AffairsForeign http://www.ikhwanweb.com/article.php?id=30731 . http://www.freedomhouse.org/sites/default/files/Egypt%20 , 28 July 2013 available at , 4July 2013available at http://www.foreignaffairs.com/ . 14August 2013available at http://

SECOND CLASS RIGHTS PAGE 27 SECOND CLASS RIGHTS PAGE 28 thedailybeast.com/newsweek/2012/12/09/after-the-arab-spring-yemen-s-women-are-left-behind.html. 177 Janine DiGiovanni, “Afterthe Arab Spring, Yemen’s Women Behind.” AreLeft TheDaily Beast 2012 available, 10Dec. at 176 Esfandiari, supra transitions.foreignpolicy.com/posts/2013/05/08/isolation_law_harms_libya_s_democratic_transition. 175 Mohamed Eljarh, “Isolation Law Harms Libya’s Democratic Transition.” Foreign Policy Magazine. 8May 2013 available at foreignpolicy.com/posts/2013/03/15/libya_s_politicians_get_a_wake_up_call, 174 Mohamed Eljarh, “Libya’s Politicians aWake-Up Get Call.” Foreign Policy Magazine , 15Mar. 2013available at com/2013/03/11/grand-mufti-condemns-un-report-on-violence-against-women/. 173 “Grand MuftiCondemns Report UN on Violence Against Women.” Libya Herald 172 Coleman, 138. supra tent/constitution-delay-frustrates-libyans/1597427.html. 171 Jamie Dettmer, “Constitution Delay Frustrates Libyans.” Voices America of In-Libya-Islam-and-a-purple-hijab-help-spurn-domestic-violence-against-women. Monitor, Science Christian 14Mar. 2013available at Murabit,170 Alaa “In Libya, Islam – and Hijab a Purple – Help Spurn Domestic Violence against Women.” The http://www.coe.int/t/ngo/Source/IAW_arab_spring_report.pdf. MENAin the Region” January 2013.International Alliance of Women available at el169 Rabia Morabet Belhaj and Anje Wiersinga, M.D., “Wishes, Demands and Priorities of National and Regional Women’s Organisations ity for rape spousal and domestic violence. In ahorrific incidentSeptember in 2013, an eight-year old ministers are women. marriage177 Child and remain female illiteracy rampant. There is no accountabil- government.176 There is only one womanthe 301-member in Parliament, and threeonly thecabinet of for women inYemen remains as as ever. bleak No women were involved innegotiating transitional the Tawakkol Karman received Nobel the Peace Prize, recognizing her efforts. the situation Nevertheless, In Yemen, women were active participants protests inthe that to of deposing led the Abdullah Ali Saleh. Yemen detrimental consequences for women. Brotherhood. era officials from holding public office,a be tool may for strengthening the positionof the Muslim influential roletransitionalthe in process.174 Moreover, alaw inMay passed 2013,banning Qaddafi- to laws the contained Quran in the and Sunnah.”173 There is increasing concernthat he is playing an vocates “immorality and inaddition indecency to rebelliousness against religion and clear objections declaration, Libya’s Grand Mufti issued acondemnation calling it “menacing” and claimingthat it ad- figures political Other have made also hostile remarks. In response the to March 2013UN Women thatcertain his proposals not will become law. ward, polygamy would legal.” be 172 While he was forced to retract his remarks afterwards, notit is still “that any laws that contradicted sharia would annulled. be He mentioned specifically that, going for process.in the 171 At aceremony NTC’s 2011,the inOctober leader, Mustafa Abdel Jalil, announced constitutionthe has caused significant debate and controversy overwhether and how to include women heavily based on be Sharia lawwill and thereby exacerbate discrimination of women.170 The drafting of largelyAlthough secularists prevailed July inthe 2012elections, it is feared that constitution new the by NTC the includes only 2women.169 2012 to ensure representation the of women parliament. new inthe The 28-membercabinet appointed The ascendancy 175 Thethe ascendancy of Muslim BrotherhoodLibya, in could like haveEgypt, extremely note 150,at 3. http://www.csmonitor.com/Commentary/Opinion/2013/0314/ . 05Feb. 2013available at . 11Mar. 2013available at http://www.voanews.com/con- http://www.libyaherald. http://transitions. http://www. http:// - MEMRI, 10May 2013,available at 187 Anna Mahjar-Barducci, “Tunisian Interim President Moncef Marzouki- Invention ‘The of a President,the Illusion Democracy’”of a com/article/313937#ixzz2mRVUpi8s 186 Katerina Nikolas, “Tunisian women protest, fear under loss radicals,” of liberty November 5,2011,available at arab-spring-revolutions-dont-reach-women/a-16403996. 185 Mirjam Gehrke, “Arab Spring Revolutions Don’t Women.” Reach Deutsche Welle, 2012,available 25Dec. at 184 Mahjar-Barducci, supra 183 Women inDemocratic Transitions MENA inthe Region. 2013,supra center.org/2012/04/understanding-the-%E2%80%9Cislamist-wave%E2%80%9D-in-tunisia/. 182 Anna Mahjar-Barducci, “Understanding ‘Islamist the Wave’ inTunisia,” GLORIA Center, 27Apr. 2012. available at 181 Al-Saeid, supra 180 Heideman and Youssef, supra eds., 179 AHDR 2005, supra forced-marriage-groom-40.html. Mail 178 Matt Blake, “Yemeni child bride, eight, diesof internal injuries on first night of forced marriage groomto five times her age” Daily in the constitutionin the that man equality between and woman is total and complete, but you cannot write Islam to Tunisia.187 He said inan Jazeera also Al that interview “Of course Iwould like for us to write Qatari government, is which Ennahada’s main financialbacker seeks whichandto export its brand of largely considered a “secularist,” appeared to disparage protection of human rights and promote the In aMay Interim 2013speech, President Moncef Marzouki, from Congress the for Republic the party, Many women’s polygamy. legalize that will rights party Ennahada activists worry the 186 constitution new the when erased is adopted. 185 governmental power.184 As aresult, there is fear that enshrining the of women’s equality inlaw be will in charge of drafting a provisional constitution forthe country, inserting provisionsthat increase its The new government has fewer women ministersAli Ben than regime. was183 Ennahada the also under 49women182 Ofthe parties. to post-revolutionary the elected parliament, 42are members of Ennahada. ofbloc 2011elections, due seats October (89)inthe to asplitting of vote the among and liberal secular Theresome have been negative also consequences for women. Islamist Ennahada party won thelargest arethey working hard to “preserve rights their instead of winning ones.” new 181 women have not sufferedsame the to extent as women,Egyptian political in environment an uncertain strengthening force the of that treaty.180 As noted by one commentator, however, although Tunisian have some positive been developments such as removal the of some reservations to CEDAW, thereby ing country. the Most of rights have these since overthrow the preserved been and Ali of there Ben riage were outlawed, and women didnot to need obtain permission from relative amale prior to leav- GapGender Index [108out of 136in2011].)Unlike most of its neighbors, polygamy and child mar (Although, is this relative. It should noted be that Tunisia ranks near bottom still the of Global the Prior to 2011revolution, the Tunisia as of amodel was viewed women’s rights Arab inthe world.179 Tunisia imperative of active engagement on women’s rights concerns region. inthe 178 bledgirl to death on her wedding night afterbeing forced a40 year-old to marry man,the highlighting 9 Sept. 2013available 9Sept. at note 147. note 20,at 12. note 182. http://www.dailymail.co.uk/news/article-2415871/Yemeni-child-bride-8-dies-internal-injuries-night- http://www.memri.org/report/en/0/0/0/0/0/0/7177.htm note 11. note 144. http://digitaljournal. http://www.dw.de/ http://www.gloria- -

SECOND CLASS RIGHTS PAGE 29 SECOND CLASS RIGHTS PAGE 30 Her Family,” Arabiya Al News Channel, 16Apr. 2013,available at at 193 Associated Press inTunis. “Tunisian Feminist Who Staged Topless Protest ‘Fears For Her Life’”Guardian The cles/2013/03/17/tunisia-s-dark-turn.html. 198 Sweis, supra 197 Esfandiari, supra 196 APTunis, supra 2013 available at 195 Carlo Davis, “Amina Tyler, Topless Tunisian FEMENActivist, Family, Escapes Staying With Friends.”Post The Huffington newyorker.com/online/blogs/elements/2013/04/amina-tyler-topless-photos-tunisia-activism.html. 194 Emily Greenhouse, “How to Provoke National Unrest with aFacebook Photo.” The New Yorker 8Apr. 2013available at Topless-Tunisian-activist-escapes-her-family-.html. 192 Jamie Dettmer, “Tunisia’s Dark Turn.” Newsweek alarabiya.net/en/News/middle-east/2013/04/18/Tunisian-Salafists-storm-female-student-hostel-to-stop-dancing.html. 191 Reuters, “Tunisian Salafists Storm Female Student Hostel to StopDancing.” Al Arabiya. 18 Apr. 2013,available at Mar. 2013available at 190 Viola Gienger, “Tunisian Academic Cite Leaders Worrying Delays inEconomic, Political Progress.” United States Institute of Peace, 25 http://www.nytimes.com/2013/02/21/world/middleeast/women-face-fight-to-keep-their-rights-in-tunisia.html?_r=0. 189 AidaAlami, “Women Face Fight to Keep TheirRights in Tunisia.” New York Times 188 Id. advancementsSmall for women in Kuwait appear also to have In erased. 2009, been four women were Constitution, leaving uncertainty as to women whether would some lose of protections. their 198 stitution. However, word the “gender” was removed from aproposed amendment 6of inArticle the elections held in 2011.197 Following demonstrations demanding reform, Jordan reevaluated its con- ing to significant consequences for women. In Morocco, Islamists won 26% seatsof parliamentary in tests, upheavals the Tunisia, inEgypt, Libya, and Yemen had significant influence politicslead- on Although many other countries MENA inthe region didnot regime experience change or mass pro- MENAOther Countries ministered “virginity tests.”195 She is now planning on leaving Tunisia.196 members, outraged by attack the on “honor,” their kidnapped her her and and drugged ad- allegedly for her “stoned to be to death.”194 She feared raped being and beaten ifcaught by police. the Family cleric and of leader the Tunisia’s Commission for Promotion the of Virtue and Prevention of Vice called ofShe “scandalizing” was accused Tunisia and was forced into hiding by death threats.193 ASalafist with words the “my belongs body to me and is not source the of anyone’s honor” written on her chest. In one notorious inMarch case 2013,aTunisian woman atopless posted photos of herself on Facebook pressure to wear hijab the inpublic.192 and attacks harassment for with men.191 Sexual socializing and has risen women are feeling increasing versities.190 This includes raids danceon and performances,music assaults for wearing “Western” dress, against women.” 189 Female students and have academics intimidated been by Salafists at Tunisian- uni perceived as supporting women’s rights, “hatred against dictatorship the is expressed through action tempts to control women public in the sphere regimehave Ali was largely Ben the increased. Because In addition to potential changes legal affectingthe status of women, attacks on activists female and at- Christians or Jews, and forth. This so be a would problem.”188 downthis constitution, inthe it because would mean that Tunisian women would able be to marry http://www.guardian.co.uk/world/2013/apr/07/tunisian-feminist-fears-for-life; “Video: Amina Tyler, Topless Tunisian Activist Escapes note 136. http://www.huffingtonpost.com/2013/04/16/amina-tyler-escapes-family_n_3092916.html. note 193. note 150. http://www.usip.org/publications/tunisian-academic-leaders-cite-worrying-delays-in-economic-political-progress. /Daily Beast , 17Mar. 2013 http://english.alarabiya.net/en/News/africa/2013/04/16/Amina-Tyler- , 20Feb. 2013available at available at http://www.thedailybeast.com/arti- . 07Apr. 2013available http://english. http://www. , 16Apr. 204 USAID, “Syria” 2013available at 203 Al-Saeid, supra bahrain-the-revolution-that-wasnt. 202 Kelly McEvers. “Bahrain: TheRevolution That Wasn’t.” 5 NPR. Jan. 2012,available at com/kuwaits-conservative-tribes-election-gains-072659070.html. 201 Hussain Al-Qatari, “Kuwait’s make conservative gains,” election tribes AP/Yahoo News, 28July 2013,available at at 200 Fadi and Walid Al-Zein Sulayman. “Kuwait Parliament: Islamists Sharia Amendment.” Seek Akhbar English. Al 9Feb. 2012available 199 Id. strengtheningthe of rights. their likely to power. take In such ascenario, it is unlikely that any be there will improvement for women or Syrian opposition, Islamist forces and Qaeda-affiliated Al organizations areascendancy the on and Assad appear regime also fall dismal. While there are and some democratic secularist groups in the humanitarian crisisand of use the rape as aweapon of war. 204 Prospects for abetter future should the Spring demonstrations. This conflict has proved destructive for especially women duethe extreme to As of publication of report, this undergoing Syria is still adevastating war civil that grew out of Arab the regionthe may restrictions to on lead evenfurther lives. their 203 countriesthese remain. Women Gulf fear inthe also that indiscriminatory laws rise the elsewhere in segregation, guardianship strict the system, and other mass systematic violations of women’s rights in largely inrepressing successful protests the following 2009presidential the elections. As aresult, gender In Gulf, the situation the for women remains as ever. as grim Similarly, Iranian the government was ment agreater gives parties these role political or eventually they assume power. opposition,Bahraini it not does appear that situation the for women’s improve rights will govern if the - der.202 Nevertheless, clashes have continued into 2013.Given prominence the of Islamist inthe parties intervention by Saudi Arabia, to seeking prevent establishment the of aShiite government on its bor ernment inaShiite majority country. demonstrations These were quickly repressed, however, after major experienced Bahrain protests winter inthe of 2011,where aSunni minority gov heads the - seats. gained201 several also bloc tribal servative country.200 In July two women 2013,while were back into elected parliament, the Islamist the and con- areparties to seeking amend constitution the that so Sharia becomes only the source of law in the parliamentary elections and four all women were voted out of office.199 After gainingpower, these ofbeginning greater freedoms for women. However, inFebruary 2012,an Islamist-led opposition won to Kuwait’selected parliament- a first forthe Gulf region. This event generated that hope it the was http://english.al-akhbar.com/node/4069. note 147. http://www.usaid.gov/crisis/syria. http://www.npr.org/2012/01/05/144637499/ http://news.yahoo. -

SECOND CLASS RIGHTS PAGE 31 SECOND CLASS RIGHTS PAGE 32 G coverage increased from pre-2011 levels,on sustained specifically women’s advocacy rights not is still tremendous uncertainty, however, has not Amnesty and seen HRW stepthe vacuum. into fill While to lobbybody and advocate for our rights”207 inorder prevent deterioration. further of period This MENA region. Theresense is a of urgency among womenthe activistsin region to “create a strong important given of ascendancy the Islamist and against parties backlash the women throughout the In aftermath the the of Arab Spring, sustainedcampaigning the more all these NGOsby been has foil to USpolicy. Often,the NGO agenda appearedbe driven to interestby media and prominent worldevents, or as a groups chose to on focus issues related detention, to criminal armed conflict, and counter-terrorism. sionistic, not aimed at achieving concrete objectives and without sustained advocacy. Instead, these Amnesty’s and HRW’s campaigning on women’s rights MENA inthe region was sporadic and impres- 1990and between activities their 2011demonstrate that is this not, an infact, accurate assessment. NGOs project an image of prioritizing women’s rights, quantitative both and qualitative analyses of MENAthe region leading up to Arab the Spring was not apriority for Amnesty and HRW. While these Despite advantages the affordedpowerful internationalas NGOs,campaigning on women’srights in play role acritical for campaigns local and issues. arewho not under scrutiny by international the community. For reasons, these Amnesty and HRW can oftion. Lack coverage groups make can local also more vulnerable to harassment by authorities the makers andacademics, to policy conclude that problems the are not serious enough to warrant atten- governmental Conversely, persecution. violations ignored by Amnesty and HRW may media, the lead groupsof local and attention increased global the may human inoculate local rights defenders from such as UNand the other institutions.backing206 The of international NGOscan strengthenthe work organizationsthese could give women’s issues inMENA international prominence, including infora distinct advantage inchampioning women’s rights MENA inthe region. Research and by advocacy and tremendous influence among makerspolicy frameworks, and inUN Amnesty and HRW have a women’s rights.205 In contrast, as NGOs with huge budgets of rivaling those multinational corporations groupsficult for local to organize and engage ineffective lobbying for protection and promotion of association, as mores well as conservative social enforced by community structures, it is often dif- Moreover, due to heavy restrictions by placed MENA governments on and speech free freedom of toward promoting women’s rights within MENA the region. to followseem that organizations these should direct significant resources and sustainedcampaigning 207 Lina Hundaileh207 Lina inHeideman Youssef, supra 206 Id. at 6. supra205 AHDR, HUMAN RIGHTS WATCH SECTION IV: THE CAMPAIGNS OF INTERNATIONAL AMNESTY & note 20at 3. above, given that women’s rights are least the protected within MENA countries, it would Amnesty International and Human Rights Watch (HRW). in detail And as described of focus should most the a primary they prominent be human rights NGOs, specifically ciety, promotion the of democracy, liberal and strengthening the of other human rights, iven importance the of women’s rights and contribution their to development the of- so note 10at 17. gitagate-two-years-after. 214 Meredith Tax, “Gitagate, Two Years After,” Dissent 213 Id. 2009 available at 212 James Ron and Howard “Why Ramos. Are United the States and Israel at Top the of Human Rights Hit Lists.” Policy Foreign 211 Id. 210 Id. Peaceof Research 209 Howard James Ramos, Ron, and Oskar N.T. Thoms. “Shapingthe Northern Media’s HumanCoverage,Rights 1986-2000.” Journal php?UID=jamesr; http://www.hrw.org/cities/toronto/committee. 208 Ron aconsultant is also to HRW and a“friend” of NGO’s the CanadaCommittee. http://www.polisci.umn.edu/people/profile. atporting for all some MENA countries; inother instances, abuses reporting minimal the soft-peddled issues MENA inthe region from documented 1990through below. be 2011,as will There was no re- of core the Because agenda drivers for NGOs, these there was relatively little campaigning on women’s Muslim Right.”214 terrorism, thus enabling to them claim universality endorsing while and ideas organizations of the rights of women and and religious sexual minorities into that silos donot affecttheir work on counter- women’s rights advocate Meredith Tax, there is a“tendency of human rights organizations to put the systemic violations and abuses, and therefore efforts advocacy have these limited impact. As noted by women’s rights, but often will to they choose onfocus relatively minor concernsthat do not address icy, armed conflict, and counter-terrorism. times, At Amnesty and HRW might decide to report on region. Instead, Amnesty and HRW priority assigned higher to issues connected to U.S. foreign- pol and favors has post-colonial NGOs caused perspectives, these to bypass women’s issues MENA inthe Similarly, agenda ideological the of Amnesty and HRW, prioritizes which coverage of Western abuses HR 3.The lesstractable you appear,the less criticism you’ll receive.”213 dom you have to abuse 2.The them more youthe media, the stifle more you can get away with abusing negativethe ramifications the of NGO pooreragenda-setting, “1. The people your are, the more - free Watch.” andporting “found that few of countries these were covered much by either Amnesty or Human Rights and conflictsome to identify the of worst places earth.”on then They correlated this data to NGO re- HRW’s research agenda. In another study, Ron and his colleagues analyzed “data on poverty, repression, but press the couldn’t give arat’s ass.’”211 As aresult, is amajor focus media driver of Amnesty’s and there.” One senior Amnesty official summed this up attitude, “‘You can all work likeyou on Mauritania, information about Niger, it ma[kes] little to invest sense substantial reporting andresources advocacy poor,small, or unnewsworthy to inspire much interest. media With few journalists urgently demanding tuous (or vicious) that cycles drive public attention.” “Neglected countries” therefore are “simply too about acountry, more the information watchdogs supply.” will This “feedback loop” creates vir “the feel compelled to respond to interest. media Supply with demand; rises more the journalists ask who concernstheir inways that appeal to media.” the 210 According to study, the human rights “watchdogs movementsocial scholars” that believe “the most influential activists arecapable those packagingof note significant the influenceplayed mediathe by onpriority setting forbecause NGOs. This is “many Oskar Thoms, publishedthe Journal in Peace of Research A 2007study conducted on priorities the of Amnesty and HRW by Howard James Ramos, Ron,208 and core issues that determine organizations’ the agendas. mainthe for focus Amnesty and HRW region, inthe and campaigning remains intermittent due to the Comment by “PAMPL” at 10:22AMET, November 4,2009. at 401. at 399. 212 One astute commentator to Policy aForeign http://www.foreignpolicy.com/articles/2009/11/03/are_human_rights_groups_biased?page=0,1. 44.4(2007):385-406,available at http://www.jamesron.com/AcademicPubs/ShapingNorthernMediaHRCoverage.pdf , June 27, 2012,available at article discussing Ron’s research aptly described supports findings. these 209 For instance, they http://www.dissentmagazine.org/blog/ 3Nov. -

SECOND CLASS RIGHTS PAGE 33 SECOND CLASS RIGHTS PAGE 34 rights receive prominence the deserve. they overhaul of agenda methodologies, their setting, and driving inorder ideologies to ensure that women’s of Amnesty and HRW on women’s rights suggests that organizations both aserious to need undertake tion and events the early inthe inAlgeria 1990s)and apply it to present day circumstances. The record NGOsboth display an inability to from learn historical events 1979Iranian the (inparticular revolu- andbetween dominant the agendas political of organizations. these case studies These demonstratethat women region, inthe of rise Islamist the governments aftermath inthe the of Arab Spring, and conflicts MENAthe region prior to NGOs’ 2011,the approaches towards supposed human rights “reforms” for studies case forSeveral each organization highlighted, including be will coverage of women’s issues in uprisings, approach the was often naïve and downplayedthe reality for womenthe in region. upheavals. While Amnesty both and HRW eachincreased reporting somewhat aftermath inthe the of by repressive governments. As aresult, NGOs these were ill-prepared with Arab the to deal Spring A Migrants.”215 (human rights defenders), “International justice,” “Abolish death the penalty,” and “Refugees and “Demand dignity” (poverty), “Security with human rights” (counter-terrorism), “Individuals at risk” The corecampaigns forthe organization are in“Conflict Syria,” “Arms control and human rights,” 2011%20to%2031%20December%202011.pdf. at 221 Amnesty International Limited, “Report and Financial Statements for Period the 1April 2011”available 2011to 31December 220 Id. 219 Wallace and Baños Smith, supra mde180172000en.pdf. 24-26 November 1999available at 218 Amnesty International, on Seminar “Towards Making Women’s Lebanon”,Case Theof Rights aReality: Lebanon,presentedBeirut, in at 2. Available at 217 Amnesty International, “MakingDuty The of RightsStates aReality: to Address Violence Against Women” Amnesty International, 2004 en/4ecdebb4-d618-11dd-bb24-1fb85fe8fa05/nws210022004en.html. 216 Amnesty International. “The Wire.” The Wire 34(21 Feb. 2004):available at Campaigns page but appear does on Amnesty’s homepage “Campaigns” inthe sidebar. www.amnesty.org. See 215 Amnesty International, “Campaigns” available at “Empowering People Living inPoverty,” “Defending unprotected people on move,” the “Defending plan for 2010-16,adopted at NGO’s the 2009Annual Meeting General on focuses four core concepts: The only item relating directly to women’srights is “maternal health/mortality.”221 Amnesty’s strategic Amnesty’s financial reports for year-end 2011(latest available) listthe objectiveskey the of organization. ambivalent approach, lacked and focus, to led inconsistent by advocacy organization. the to organization’s the approach.”220 Indeed, Amnesty’s work on women’s rights has often an reflected rights.”219 It noted that further Amnesty’s work on women’s and not issues small-scale central “had been violence, organization the based “was ‘late to table’ the up intaking women’s rights as core human Yet, as acknowledged inan audit commissioned by NGO the for acampaign it conducted on gender- and government institutions, are keys to the overcoming hurdles.” these 218 through human rights education programs, as well as publicizing to them and sectors of civil society announced,also “we are convinced fully that raising awareness of women’s rights and promoting them and that “[a]dvocates for women’s human rights are essential to make rights areality.”group217 The has Amnesty has stated that “violence against women is greatest the human rights of scandal our times”216 Women’s Rights at Amnesty AMNESTY INTERNATIONALAMNESTY http://files.amnesty.org/archives/AIL%20Report%20and%20Financial%20statements%20for%20the%20period%201%20April%20 at 5 at http://www.amnesty.org/en/library/asset/ACT77/049/2004/en/5b1dc6a9-f7a7-11dd-8fd7-f57af21896e1/act770492004en.pdf tional justice, and economic, and cultural rights. social, rights law. In to widened agendainclude 1990s, the the further armed conflict, interna- an end to death the and penalty to monitor state compliance with international human conscience. The mandate the of organizationthe expanded 1970s in and 80s to promote mnesty International was founded 1960sto inthe campaign on of behalf prisoners of note 12at 5. http://amnesty.org/en/library/asset/MDE18/017/2000/en/547d3c4c-ff33-4a4c-85bf-e1a4f854356c/ http://amnesty.org/en/campaigns; “Migrants and Refugees” not does appear on the http://amnesty.org/en/library/asset/NWS21/002/2004/

SECOND CLASS RIGHTS PAGE 35 SECOND CLASS RIGHTS PAGE 36 amnesty.org/en/appeals-for-action/Urge-Syria-First-Lady-to-use-influence-for-womens-rights. 224 Amnesty International. “Urge Syria’s First to Use Lady Her Influence for Women’sRights!” 07 Mar. 2012 223 Id. 50_002_2010%20Public%20ISP.pdf. International Meeting Council (ICM) held inAugust 2009available at 222 Amnesty International, “Amnesty International’s Integration Strategic Plan 2010 to 2016,” 29April 2010. Adopted at the “Colombia,” “Democratic Republic of Congo,” “Egypt,” “Indonesia,” “Japan,” and “Arms Trade Treaty.”“women’s rights” page) directs to apage that issues: lists several “Gender-based violence,” “Militarism,” ground information on above the issues.” This“background” (also link available the leftsideon the of At bottom the of women’s the right page, following the appears: link “Want to know more? back- Read conscience inIran. to Yemen the authorities to address women’s rights; and apostcard campaign for afemale prisoner of “solidarity photo” campaign insupport of women drivers inSaudi Arabia; a letter writing campaign Bashar al-Assad, vaguely on calling her to “use her influence for Syrian humanrights defenders”;224 a Day 2012.Suggested campaigns include writing aletter to Asma al-Assad, wife of Syrian President outdated page on “Women’s rights” that concentrates on related activities to International Women’s about human rights” page, includes which to alink “women’s rights.” Clicking on to leads an link this The majority of information related to women’s issues appears on Amnesty’s websitethe under “Learn below). in 2010(discussed following departure the of of head the unit, the Gita Sahgal, wake inthe of Moazzam the scandal Begg within province sole the of Unit. Gender the It unknown department the is whether also remains active tions of Amnesty are responsible for producing material related to women’s rights or ifsuch activity is amount of funding provided to department. the It is unclear as country/regional to- the whether sec organization’s financials do not break down resources based on unit, making it difficult toassess the ever, appears on Amnesty’s website or on other open source material regarding department. this The advance of launch the of its Stop Violence Against Women campaign (SVAW). Little information, how- Amnesty’s International Secretariat appears to have established Unit a Gender mid-2000s, in in the objectives and inachieving successful NGO them. the whether has been show,will it is unclear extent the to Amnesty which has devoted sufficient resources to these achieving sexuality, identity or including beliefs, by non-state actors.”223 Despite loftythis these as goals, analysis and “campaign for stronger state actionto address discrimination and exclusion on gender based and tion or gender”; “work for elimination the of gender violence and and based sexuality discrimination”; eliminationthe of and persecution discrimination on race, based ethnicity, religion, orienta sexual - vention and resolution and post-conflict reconstruction.” The groupclaims also toobjectives “work for ofparticularly women and children” and aims to have “greater participation of women inconflict pre- armed conflict, seeks Amnestyto “work for protection and empowerment of civilians during conflict, discrimination acause as both and aconsequence of migration.” To “defend people from violence” in provisionsspecial for women and services and girls and recognition of gender and based sexuality human rights.” In its core to goal “defend people on move” the Amnesty to ensure seeks “access to gies,” and “AI’s research, partnerships and campaigningthe impacts reflect fully povertyof on women’s development, implementation and evaluation of national and international poverty reduction strate - powering people living inpoverty” would that be “women rights-holders are active participants inthe Some of core these goals touch on women’s rights. For instance, “signs” of success for of goal the “em- freedom from discrimination.”222 people from violence by state and non-state actors,” and “Protecting people’s freedom of expression and Charts C1-C4. Charts http://www.amnesty.org/sites/impact.amnesty.org/files/POL%20 available at http://www. 229 Wallace and Baños Smith, supra www.thenation.com/article/who-speaks-human-rights#. 228 D.D. Guttenplan and Maria Margaronis, “Who for Speaks Nation Human The Rights?” 227 Wallace and Baños Smith, supra 226 Amnesty International, “16Days of Activism Against Violence,” Gender available at 225 Amnesty International, “Activist Toolkit,” available at Publications Issued by Region Amnesty’s Stop Violence Against Women Campaign: Americas (14),Europe (26),the was Africa and Asia Central (11),Asia (7),and MENA (6).229 Amnesty produced 64publications during campaign. the By region, number the of documents issued rights activistsacross world…Absurd! the And no money. of money time!” the Iwas starved 228 all er), “I 400-500 people International inthe had one colleague to service Secretariat and women’s the all campaign (and fired in 2010 for outspeaking against Amnesty’s collaborationwith a Taliban support- According to Gita Sahgal, was who hired in 2002 to Amnesty’s head Unit Gender and SVAWto the lead organizationthe “were ambivalent about women’s rights meriting level this of attention.” 227 There appearedbe internal to opposition to adoptingthiscampaign, however,somebecause part in in on and economic,focused cultural rights rather social than and civil freedoms political for women. ing on women’s rights, “Stop Violence Against Women” (SVAW). Thecampaign lasted until 2010 and In 2004,Amnesty adopted its first long-termthematic global campaign and its first campaign- focus Stop Violence Against Women Campaign page. Days” campaign from 2012focusing on gender violence same inthe countries as on “Background” the shop for non-governmental organizations.”225 The “women’srights” page includes also alink to a “16 for youth,” “Human rights education workshop for journalists,” and “Human rights education work- lence against women,” Violence against women inarmed conflict,” “Humanrights education workshop states to address violence against women,” “Gender Awareness Workshops,” “Campaigning to stop- vio lighting of general a series guides published in 2004 and 2005: “Making The rightsduty a reality: of offocus Amnesty campaigning on women’s rights. to Alink an “Activist Toolkit” to leads apage- high No explanation is offered whyas to these topics are highlighted these areasor if constitutethe main 226 note 12at 12. note 12at 6. http://amnesty.org/en/womens-rights/activist-toolkit. http://amnesty.org/en/womens-rights/16-days. . March 18,2010(online) available at http://

SECOND CLASS RIGHTS PAGE 37 SECOND CLASS RIGHTS PAGE 38 236 Guttenplan and Margaronis, supra at 235 Gita Sahgal, “A Statement by Gita on Sahgal Leaving Amnesty International.” New York Times 234 Id. 233 Id. 232 Id. 231 Id. 230 Id. herDuring tenure, was Sahgal not only frustrated by lack the of institutional support for work on women’s support to department the inorder for out it to its carry objectives.236 Campaign. Gita was Sahgal hired as of head Amnesty’s Unit Gender group the when beganto develop its SVAW Sahgal Gita MENA region were not mentioned. BRIC countries (Brazil, Russia, India, and are China) akey priority for NGO, the countries inthe problem of alack of systematic project management methodologies.” While report the noted that the women’s rights,” “a process for strategic priority setting to needs place,” take and that there is a “wider toneed avoid raising expectations of women’s rights movement able that be to AIcoverwill issues all of International women’s takes rights seriously urgently.” is needed 234 The notedalso that report will “AI The main recommendationevaluationthe in that was “a clear plan for ensuringthat Amnesty to work on VAW and women’s rights has declined.”233 women’s as rights; optional,” it seen is still and “with ending the of SVAW number the of staff employed gender explicit being [strategic inthe plan],” “Some staff the dotolearn need notaboutsee or work on campaigns “lack any explicit analysis of or commitment to women’s rights, despite acommitment to ofpart Amnesty International’s DNA.” Disturbingly, noted they many problems, including that new Going forward, reviewers the found that evenafterthe SVAW campaign, “Women’srights are not yet Statethe took responsibility for state both and non-state actor actions on VAW (due diligence).” research and campaign work) to ‘change conversation’, global the make VAW unacceptable or ensure little that evidence Amnesty International was able to its use ‘might’ (name and reputation, resources, that Amnesty International is well known for.”232 Ultimately, consultants the concluded that “there is work transparently; contrasts this sharply with robust the critique of governments and other agencies Moreover, “there appeared a lot to be of resistance to self-analysis, criticism external and to sharing ability were evident.”231 there appeared “a to be fragmented way of working, lack of shared vision and shared of sense account- shared narrative around SVAW the work within teams, across functions, or across movement,” the and what happened.” actually In conducted interviews with staffevaluating thecampaign, “there was no ways.” concluded230 They that “it was difficult to understand anddefine whattobe was achieved and a coherent campaign” global and that “SVAW staff acrossthe movement felt marginalized in many SVAW team lacked authority the to co-ordinate or manage research the to underpin needed and policy rights organization in the and confirmed statements made by Sahgal. The consultants found that“the of program.pact the In evaluation, their consultants the highlighted atroubling towards view women’s At conclusion the of SVAW the campaign, Amnesty hired two consultants external to evaluate im- the http://www.nybooks.com/articles/archives/2010/may/13/statement-gita-sahgal-leaving-amnesty-internationa/. At 17. at 15. at 20. at 10. at 7. 235 As noted above, remarked Sahgal that little Amnesty money very allocated and staffing note 228. Review of Books, 13May of Books, Review 2010available 246 Christopher Hitchens, “Suspension of Conscience.” Editorial. Slate 245 Id. times.co.uk/sto/news/uk_news/article198308.ece. and_politics/fighting_words/2010/02/suspension_of_conscience.html. 244 “Salman Rushdie’s statement on Amnesty International,” 243 Tax, supra 242 Guttenplan and Margaronis, supra at 241 Mindy Sawhney and Ravindran Daniel, “Amnesty International: Working with an Others: Independent Review.” July 2010available news_details.asp?NewsID=18613. 240 Amnesty International. “Human Rights Are for Response to All: Media Article,” 7Feb. 2010available at 239 Cageprisoners, “Cageprisoners :About Us” available at 238 Guttenplan and Margaronis, supra daytimes.co.uk/sto/news/world_news/article197042.ece. 237 Richard Kerbaj, “Amnesty International is ‘damaged’ by Taliban link” Sunday The Times He urged Amnesty members to withhold dues. their An editorial in the “degenerationcalled the and politicization” of Amnesty “a moral crisis that implications.” has global 246 ourtions, contempt.” that deserve they 245 Columnist Christopher Hitchens NGO the criticized and also wrong.” leadership is sufferingfrom kind a of moralbankruptcy, and hasthe lost ability to distinguishrightfrom Amnesty “has done its reputation damage” incalculable and much that “it very looks as ifAmnesty’s Amnesty’s Salman Rushdie stated who actions were that widely condemned, including by author article’s publication, Amnesty suspended her. Times to Sunday the interview International’s integrity and, more importantly, constitutes a threat to human rights.” gave243 Sahgal an Amnestythe leadership, partnership the calling a“gross-error injudgment” that “damages Amnesty in 2008 and Amnesty was believed white-washing his record.242 As a result, she wrote a memo to ofcause counter-terror avictim he had been She policies. began to voice objections to partnership the wasSahgal deeply disturbed by Amnesty’s promotion as a human of Begg rights defender, simply- be over opening the of Amnesty UK’s 2005Annual Meeting. General 241 universality of human rights.” was acentral figure 240 Begg at many events,Amnesty including presiding was “compellingbasis that Begg speaker” and of because Amnesty’s “upholding commitment to the Amnesty formed and apartnership Cageprisoners. with Begg The allianceNGO the justified the on prisoners and others detained “War inthe on Terror.”239 Despite his role as a visible Taliban supporter, he founded organization the Cageprisoners, an NGO that campaigns on of behalf Guantanamo Bay his arrest inPakistan in2002.238He was released from prison in2005and went back to UKwhere the Afghanistan due to his support for Taliban. the was imprisoned Begg inGuantanamo Bay following publications as ameeting place for interested and those served injihad against Union. Soviet the Onhis return to England, he opened abookstore that distributed Qaeda Al a UK national,Begg, went to Afghanistan 1990s andin the inspired became by mujahedeen the fighting suspended for Sahgal publically criticizing alliance. the 237 supporteralleged of Taliban. the Sunday Times OnFebruary 7,2010,the rights, but beganto become increasingly concerned by NGO’s the partnership with Moazzam an Begg, http://www.amnesty.org/sites/impact.amnesty.org/files/Working_with_others.pdf. 244 He commented further that “Amnesty have and Begg revealed, by statements their and ac- note 214. note 228. note 228. on February 7,2010about her concerns, and within afew hours of the http://www.cageprisoners.com/about-us. The Sunday Sunday The Times , 15Feb. 2010available at , 21February 2010,available at , 07Feb. 2010available at . In 2001,he leftEngland for Wall Journal Street (UK) reported that Amnesty (UK) reported that Amnesty http://www.slate.com/articles/news_ http://www.amnesty.org.uk/ http://www.thesunday- http://www.thesun- noted that

SECOND CLASS RIGHTS PAGE 39 SECOND CLASS RIGHTS PAGE 40 253 Sawhney and Daniel, supra 252 Sahgal, supra 251 Cordone, supra Muslim Lands: The FirstObligation after Iman, available at updated 20June 2005,available at 250 Christopher M.Blanchard, “Al Statements Qaeda: and Evolving Ideology.” for Report Congressional Congress, Research Service Human Rights.’” Amnesty International, 28Feb. 2010,available at 249 Claudio Cordone, “Amnesty International’s Response to ‘the Petition Global to Amnesty International: Restoring Integrity the of 8483-0030483394fa. repetitionr.com/repetitions/global-petition-to-amnesty-international-restoring-the-integrity-of-human-rights/6c348e68-6c97-102d- 248 “Global Petition to Amnesty International: Restoring Integrity the of Human Rights” Repetitionr.com. available at 14 Apr. 2010,available at 247 “Amnesty International and Jihad: Why Is aHuman Rights Group Working with aTaliban Supporter.” Editorial. The Street Journal Wall fact checkingfact was frequently repeated by staff on event-by-eventan basis, thereand appears to have and/or CageprisonersBegg] was inadequate for of collaboration purpose the that developed; limited and Recommendations.”253 The notedreport that the “due diligence undertaken on MB[Moazzam report inJuly 2010,“Amnesty International, Working with an Others: Independent Review, Findings In wake the of scandal, Amnesty the commissioned of areview incident. the evaluators The issued a Amnesty announced Sahgal’s departure from organization the inApril 2010. relatingpolicies to systematic violence and discrimination, against particularly women and minorities.” promotes of destruction the human rights generally and contravenes Amnesty International’s specific of killing the rejects some indeed civilians, is anideology integral of part philosophy apolitical that of universality the a mockery of rights.”252 She that added “adherence to violent jihad achievementwaste to every on women’s equality by Amnesty International inrecent years and made In ahard-hitting reply to Cordone, admonished Sahgal that “Unfortunately, [Amnesty’s] stance has laid to has them not reflected in Amnesty’s necessarily been activities. gram and monograph this demonstrate, importance the of women’s rights and Amnesty’s commitment to enhancing our gender analysis areas inall of our work.”251 Yet, as evaluation the from SVAW the pro- women developed at actually same the as time our campaign to Guantánamo. close We are committed that Amnesty International gives to women’s rights ingeneral –our campaign to end violence against towards women’s rights. He stated that “I that trust Idonot have to stress with you importance the Cordone attempted also to blunt criticism the of Sahgal’s supporters by discussing Amnesty’s approach for Taliban the to that of working with Catholic the Church on death issues. penalty found throughout Salafist texts.250 He compared also Amnesty’s and partnership his support with Begg conceptthe of “defensive jihad remarking that “jihad sponse on February 28,2010.249In statement, the Cordone and Amnesty’s defended Begg partnership, discrimination.’”248 Amnesty’s Claudio General, Cordone, interim Secretary issued an official re- ment maintaining an objective distance from groups and that ideas are committed to systematic “raised afundamental point of principle is which ‘about importance the of human the rights move- Restoring Integrity the of Human Rights” (750,012signatures).petition The reiteratedthat Sahgal Following her suspension, Sahgal’s supporters launched a“Global Petition to Amnesty International: to sanitizing oppressors.” the 247 “it’s apity that agroup that wasto born give voice of to victims the oppression should now devote itself note 235. note 249. http://online.wsj.com/article/SB10001424052702303720604575169414119507770.html?mod=googlenews_wsj in self-defence” in is not “antithetical to human rights.” Cordone to failed note that note 241. http://www.history.navy.mil/library/online/al-queda%20evolve.htm; Abdullah Azzam. Defense of the ” was first in1979 articulated by a mentor to Laden Osama and Bin is http://www.kalamullah.com/Books/defence.pdf. http://www.human-rights-for-all.org/IMG/pdf/Claudioletter-2.pdf. , even ifsuch http://www. , (2013). 260 Meredith Tax, Double Bind: The Muslim Right, the Anglo-AmericanLeft, and Universal Human Rights. Centre Space for Secular amnesty.org/en/node/17505. 259 Amnesty International, “Working with -AMessage Others from Amnesty International’s Claudio Cordone” available at 258 Id. 257 Id. 256 Id. 255 Id. 254 Id. its stance political relatinging post-colonial ideology; to counter-terrorism and policies; to atendency ofbehalf women Thislack Middle in the East. of consistent is reporting due to many factors, includ- inconsistent by advocacy organization. the failings These evidentare particularly in campaigningits on Amnesty’s campaigning towards women’s rights overall has reflected an ambivalence,lack of andfocus, As confirmed the external by auditors the SVAWof campaign and the by Begg affair,Moazzam Amnesty in the Middle East extensive criticism of HRW’s soft-peddling of below).Islamist (described regimes the Muslim Right, the Anglo-American Left, and Universal Human Rights. expressed has260 Sahgal also ism and to voices.amplify seeks secular In Februarygroup 2013, the published a book After her ouster, Sahgal went on to Centerfoundthe whichSecular forfundamentalSpace, opposes - reasons inprinciple why we should not have worked with Moazzam or Cageprisoners.” Begg 259 he was detained unlawfully werewhile right on and appropriate based research” and that “we find no Cordone stated of that case the Moazzam there “in is no question Begg, that our actions on his behalf comments on evaluation the mirrored his previously tone-deaf remarks about “jihad tional changes suggested by evaluators, the including integrating gender into corporate the culture. His incident,Sahgal raising questions as organization to the whether was prepared to make institu the - In his response to review, external the it appeared that Cordone internalized few lessons from the workthis out. was evercarried actually of Taleban on rights the rule of women Pakistan/Afghanistan in the border regions,”258 it is unclear if women’s human rights” and Sahgal’s “Gender Unit was given additional resources to at look impact the given approval and funding for aproject by led GS[Gita on Sahgal] impact the of fundamentalisms on tential for scope its actions.”257 Although it appears that early “in Policy 2009the Programme was and organic of part ‘lens’ the through organisation the which world the views around it and- po the that Amnesty had “critical work” to doin“mainstreaming gender that so it becomes an embedded choices may shaped being be by unexamined assumptions and values.”256 In particular, concluded they example, investing inreflecting time on howthe issues AI chooses campaignto on and how these ing out of on dialogue ‘lenses’ the through AIconstructs which problems and evaluates success for Moreover, reviewers the found that prevailing inAmnesty’s ideologies cultures resulted crowd in“The - and employment through direct or indirect violence.”255 groups practices that impact on women such as restrictions of movement, and of denial the education and that “although AI has done some work, it has yet contribution to make a full to topic the of armed Amnesty culture gave “insufficient weight to research topics which disproportionately affect women” regarding aspects several approach the to gender issues at Amnesty, including aconclusion that the littlebeen building upon or transfer of institutional knowledge.”evaluators254 The commentedalso on at 8. at 11. at 12. at 9. at 7. in self-defense.” Double Bind: http://www.

SECOND CLASS RIGHTS PAGE 41 SECOND CLASS RIGHTS PAGE 42 few publications briefly addressing women’srights in Similarly,Egypt. the first documents significantly abuse. In for Egypt, instance, until January the 2011 protests in Tahrir Square, Amnesty issued only a actions for women sentenced to death or flogging, but did not involve discussions detailed of structural terrorism, or expression. free In Iran and Saudi Arabia, Amnesty’s publications were generally urgent abuses within context the of much longer discussions of violations related justice, to criminal counter- did not contain substantive treatment of women’s rights violations, but rather only ashort mention of and Saudi Arabia output the cases inwhich was slightly higher. Many of documents, however, these crimination related to status personal laws MENA for every with exception the country of Iran, Iraq, Appendix 1),Amnesty published approximately adozen documents or fewer discussing gender dis- Amnesty’s SVAW global campaign.the 1995-2010(as reflected country in charts and Between in MENAthe region. As noted, MENA the region received least the coverage (only sixdocuments) in From 1990-2010, Amnesty published few documents addressing oppression structural of women in Amnesty related to women’s issues as compared to its overall reporting for MENA countries: The following theshowsection charts highlighted in next the relative number of publications issued by topics. marriage” (104),and “personal status” laws (104)are of also low priority compared when other to these exceeds results for “dress codes” (56),“polygamy” (66),and “child custody” (70).The issues of “early (490), “Abu Ghraib” (235),“Pussy Riot” “Goldstone” (111),the (102),and Report “Wikileaks” (90)far For example, number the of results for “Counterterrorism” (807),“Same-sex (marriage/partnerships)” for women compared to other topics: Inputting various terms into Amnesty’s search engine demonstrates relative the priority of key issues tions, rather than on systemic or issues structural causing human rights violations. onfocus single incidents of government abuse and of cases individual detentions, torture, or- execu

MDE14/005/2009/en/e6cda898-fa16-4944-af74-f3efc0cf6a4d/mde140052009en.pdf. 265 Amnesty International, “Trapped by Violence: Women inIraq,” 2009available at en/26351fc6-d454-11dd-8743-d305bea2b2c7/nws210022006en.html. 264 Amnesty International, “The Wire, March 2006,” 21 Feb. 2006, available at 263 Id. MDE19/008/1997/en/db259342-ea7c-11dd-b05d-65164b228191/mde190081997en.html. “Libya: Gross Human Rights Violations and Isolation,” amid Secrecy 19Aug. 1997, available at en/library/asset/MDE19/001/1991/en/4dc47e13-ee50-11dd-9381-bdd29f83d3a8/mde190011991en.html; Amnesty International. 262 Amnesty International, “Summary of Amnesty International’s Concerns inLibya,” 19Jan. 1991,available at MDE19/007/2010/en/65e2d9ca-3b76-4ea8-968f-5d76e1591b9c/mde190072010en.pdf. 261 Amnesty International, “‘Libya of Tomorrow’: What Hope for Human 2010,available Rights?” at environmenthostile for women. Moreover, slight the uptick inpublications relating to women’s rights conflict, ignoringsectarian long- standinglaws culturalandthat practices created adiscriminatory and country.265 However, Amnesty chose to attribute violence the to U.S.-initiated the war and resulting group, “Trapped by Violence: Women inIraq,” importantly highlighted violence against women inthe U.S. war and counter-terror operations. For example, a short (8 pages) March 2009 report issued by the Amnesty’s coverage of country, the including women’s rights, largely on issues focused related to the Thoughpolicies discriminatory against women in Iraq mirror those of most MENAother countries, mention women’s rights as an issue of concern.264 of conscience, to guarantee for fair and trials all to stop practice of the torture,” but didnot specifically againcountry in2007and resumed its reporting, on it “the called authorities to prisoners release all began in2011.In Amnesty fact, had anine-year absence from country. the 263 When it didvisit the gent actions mid-2000s,but inthe didnot address issues these again substantively until war civil the Amnesty briefly mentioned rape and torture of women in ina1991document Syria and acouple ur or abuses against women.262 toporting document gross human rights violations didnot country inthe discriminatory laws discuss focusing on women’s rights in Libya were only issuedissued in in 2010.261 1991 Reports and 1997 pur

http://amnesty.org/en/library/asset/NWS21/002/2006/ http://www.amnesty.org/en/library/asset/ http://amnesty.org/en/library/asset/ http://amnesty.org/en/library/asset/ http://amnesty.org/ - -

SECOND CLASS RIGHTS PAGE 43 SECOND CLASS RIGHTS PAGE 44 org/en/library/asset/MDE29/001/2013/en/f868e056-17d7-421f-86fc-b27269d9681d/mde290012013en.pdf. “Morocco/Western Sahara: Comprehensive Reforms to End Violence against Women Long Overdue”, 2013,available at amnesty.org/en/for-media/press-releases/bias-penal-code-puts-women-and-girls-danger-morocco-2013-03-01; Amnesty International, 269 Amnesty International. “Bias inPenal Puts Women Code and Girls inDanger inMorocco,” 1Mar. 2013,available at org/en/library/asset/MDE31/003/2002/en/48051f1f-d819-11dd-9df8-936c90684588/mde310032002en.html [addother docs] Amnesty eg. International,268 See “Yemen: Human Rights Violations Have No Justification,” 31 Mar. 2002, nesty.org/en/library/asset/MDE31/014/2009/en/896fa17d-266c-45d6-a49f-818b36956750/mde310142009en.pdf. 267 Amnesty International, “Yemen’s Dark Side: Discrimination and Violence Against Women and Girls,” 2009,available at ACT77/005/2010/en. 266 Amnesty International, “Beijing+15: Women’s Realizing Rights,” 2010,available at why Amnesty had not commented on it previously, at of inparticular time the woman’s the death. The government to change law. the law Although discriminatorypenal the was long standing, it is unclear It appears Amnesty statements the timed to coincide with aJanuary 2013proposal by Moroccan the (Marchoccurred 2012),however, statements the were issued more than ayear afterthe woman’s death. of liability than Rather reporting subsequently victims. their on ifthey incident this marry at it time the Amnesty’s publications incident the used to comment on Moroccan the law penal that absolves rapists documents relating to awoman herself ayear earlier killed who afterbeing forced her rapist. to marry 269 Amnesty didnot on focus women’s rights until country inthe March Amnesty 2013,when issued two In Morocco, aside from aregion-wide publication discussing reservations to CEDAW the convention, Yemen has centered on issue the of counter-terrorism and armed conflict.268 even though it appears were these likely issues Instead, cases. in the Amnesty’s coverage primary on Amnesty did not incidents these take as an opportunity to comment on child marriage or rapespousal ing to flogging sentencesor death imposed for adultery or related to domesticviolence. 267 Surprisingly, issueddismal, only they one 8-page “campaign digest” on women’s rights and afew urgent actions relat- guardian male their (wali).”266Yet, given that Amnesty acknowledges plight the of women inYemen as “extreme restrictions on woman’s freedom of movement, and forced marriage of women and girls by since UNBeijing conferenceally the in1995,there was ashort passage noting that inYemen there are A similar pattern appears for Yemen. In a2010document progress reviewing on women’s rights glob- tion that began in2003. issues issued country in the in 2004 and 2005, suggest that were they driven by U.S. the opera- military http://amnesty.org/en/library/info/ available at http://amnesty. http://amnesty. http://www. http://am- 24-26 November 1999,” 1Jan. 2000,available at 273 Amnesty International, “Lebanon: on Seminar “Towards Making Womens Lebanon”,Case Theof Rights a Reality: Lebanon,Beirut - asset/MDE18/003/2009/en/6f6b390d-e815-438e-a03c-f5998a44b85a/mde180032009en.html. MDE18/003/2010/en; “Lebanon: A Human Rights Agenda For Elections,” the 7May 2009,available at “Lebanon: Give Women TheirRight to Pass on Nationality Children,”to Their Apr. 2010,available at at able IOR41/002/2005/en; to “2006Elections Human the Rights Background Council: Information on Candidate Countries,” 2006,avail and AppraisalReview of Beijing Declaration the and Platform for Action,” Feb. 2005,available at amnesty.org/en/library/info/MDE18/009/2001/en; “No Turning -Full Back Implementation of Women’s Human Rights Now!10 Year “Lebanon:272 See Torture and Ill-treatment of Women inPre-trial Detention: ACulture of Acquiescence,” Aug. 2001,available at Dib Ghalib,”Conscience: Elie Nov. 1996,available at at Imminent /Possible Flogging Prisoner of Conscience and New Prisoner Concern: of Dib Ghalib,” Conscience: Elie Nov. 1996,available of Dib Ghaleb,” Elie Case Jan. 1997,available at available at available at available at info/MDE25/004/2000/en; “United Arab Emirates: Further information on death by penalty stoning: Karteen Karikender,” 24April 2000, en/library/info/MDE25/005/2000/en; “United Arab Emirates (UAE): Flogging,” 2000,available Sept. at 2004, “UAE: Flogging,” 2005,available Oct. at MDE25/006/2006/en; “Death by Stoning/ Flogging,” June 2006,available at Further Information on Death by Stoning/ Flogging.” Amnesty International, July 2006.available at Emirates (UAE): “R.A.”, Flogging: teenage girl,” 28June 2007,available at amnesty.org/en/library/asset/MDE25/004/2009/en/40e0346f-998c-4da6-872e-8ac18d6b8ddd/mde250042009en.html; “United Arab 271 Amnesty International, “United Arab Emirates: End Imprisonment for Relations,” Consensual Sexual 4June 2009,available at 270 Annual are Reports available online from 2007. sued and lack on of women’s UNadvocacy issues inLebanon subsequent to conference, the it does issues and develop an actionplan for improving rights protection.273 Given few publications the is- “Makinga seminar inBeirut, women’s rights areality,” that was intended to raise awareness for women’s handful of documents mentioning women’s rights country. inthe 272 In November 1999,Amnesty held thatfact had a nexus cases the to prisoner and detention issues. In Lebanon, Amnesty has issued only a general coverage of issues relating to women and Middle inthe East was probably driven more by the rested for committing and adultery sentencedthe to in flogging UAE.271 But was this an exception to its Interestingly, group the did issue urgent several actions and a short statement relating to women ar mentioned on Morocco section inthe inany of Amnesty’s Annual from Reports 2007-12.270 dressed law the at absence inthe of all government the proposal. Indeed, law the was not specifically failure to advocate on of behalf issue this question the earlier begs Amnesty whether would have ad- http://amnesty.org/en/library/info/MDE25/013/1996/en; “United Arab Emirates (UAE): Imminent / Possible Flogging Prisoner of available at http://amnesty.org/en/library/asset/IOR41/006/2006/en/40fa06a5-d437-11dd-8743-d305bea2b2c7/ior410062006en.html; http://amnesty.org/en/library/info/MDE25/001/2000/en; “UAE: Death Penalty by Stoning: Karteen Karikender,” March 2000, http://amnesty.org/en/library/info/MDE25/002/2000/en; “UAE: Imprisonment and for Flogging Marriage across Faiths: The http://amnesty.org/en/library/info/MDE25/003/2000/en; “UAE: Death Penalty by Stoning: Karteen Karikender,” Feb. 2000, http://amnesty.org/en/library/info/MDE25/003/2004/en; “UAE: Flogging,” Nov. 2000,available at http://amnesty.org/en/library/info/MDE25/006/2005/en; “United Arab Emirates: Flogging,” Dec. http://amnesty.org/en/library/info/MDE25/003/1997/en; “UAE: Further Information on http://amnesty.org/en/library/info/MDE18/017/2000/en. http://amnesty.org/en/library/info/MDE25/011/1996/en. http://amnesty.org/en/library/info/MDE25/002/2007/en; “UAE: http://amnesty.org/en/library/info/MDE25/005/2006/en; http://amnesty.org/en/library/info/ http://amnesty.org/en/library/info/ http://amnesty.org/en/library/info/ http://amnesty.org/en/library/ http://amnesty.org/en/library/ http://amnesty.org/ http:// http:// - -

SECOND CLASS RIGHTS PAGE 45 SECOND CLASS RIGHTS PAGE 46 www.haaretz.com/news/national/israeli-leftist-activists-we-are-being-sexually-harassed-in-the-west-bank-1.419167. 277 Avi Issacharoff, “IsraeliLeftist Activists: Sexually Being We the in Are Harassed West Bank.” Haaretz com/misogynist-ad-campaign-exposes-hypocrisy-within-the-left/37624/. 276 Anonymous. “Misogynist Ad Hypocrisy Campaign within Left,” the Exposes +972Magazine, 11Mar. 2012,available at 275 Id. at 274 Avi Issacharoff, AreReport/ “MESS the Palestinians Silencingthe AttemptedRape of U.S. Peace HaaretzActivist?” activists were asked to comply with dress at codes protests. Many of women the lamented victims that women activists were “slut” called and harassment subject to sexual Palestinian inthe 277 Other villages. that feel we and all experience.”276 Issacharoff did a follow in up story March 2012highlighting how sault of one of activists.But their there are examples everyday the also that don’t make but news, the harassment,sexual or International the Solidarity Movement to cover (ISM) as- trying up sexual the examples that make like director news, the the of aprominent left-wing organizationbeing sued for gable question of it’s whether acceptable for us to wear tops tank in Palestinian There villages. arethe to protestimagery Israeli settlements, remarking, “I’m about talking much more than indefati the - In February 2012,another activist published ascathing critique of solidarity posters that rape used public” and to “avoid tainting image the of popular the protest.” 275 Palestinian Authority to withdraw charges of attempted rape “to prevent her from makingstory the howThe described an internationalarticle female protestor was forced solidarityby activists theand thored by Avi Issacharoff, “Arethe Palestinians silencingthe attempted rape of 274 activist?” peace U.S. place Palestinian inthe solidarity movement. In July 2010,Ha’aretz Amnesty provided no coverage on accusations of harassment severe sexual of female activists taking published more than 60documents (mainly condemning Israel) on 2006Hezbollah-Israel the war. not appear that organization the engaged insignificant follow event.up this to In contrast,groupthe http://www.haaretz.com/blogs/2.244/mess-report-are-the-palestinians-silencing-the-attempted-rape-of-u-s-peace-activist-1.301905. published alengthy articleau- , 17Mar. 2012,available at , 14July 2010,available http://972mag. http:// available at 279 Amnesty International, “Saudi Arabia: 2013Promises aDark Year to Be for Freedom of Expression and of Association,” 10Apr. 2013, Iran”, 7March 2007,available at 278 Amnesty International, “International Women’s Irene Day: Khan for and call Shirin Ebadi end to discrimination against women in no mention of restrictions on women’s rights.279 Amnesty’s on Saudi section Arabia inits 2013Annual sion in Saudi Arabia highlighted restrictions on expression free and freedom of association but made impacted rights the of women. For example, an April 10,2013document discussing increasing repres- Saudi Arabia. documents Other touched on abuses Kingdom inthe but to failed how discuss they 2013, Amnesty issued no publications addressing guardianship the system and gender segregation in Aside from afew token statements regarding women’s right to drive, from January 2011through May have more the all been essential. impact was minimal. In light of 2009protests the inIran, international this support by Amnesty would was unaccompanied by asustained campaign by Amnesty to bolster objectives. As these aresult, the Iranianthe system. legal time The is long overdue to thismake a reality.”278 Yet, going forward, call this second-class citizens. It noted also that “[t]he women of Iran are entitled to status equal with men under excludeswhich women from areas critical of participation, political treating women were as ifthey The document acknowledgedthat “womenserious face andwidespread discriminationthelaw, under Iranian rights activistShirinEbadi, for calling an end to discrimination against women country. inthe March 2007, following publication the of a statement Irene General by Amnesty Khan with Secretary nation inIran priority. ahigher This small uptick, however, was not sustained and appeared to end in slightly more 2004and activity between 2006,it appeared that efforts were - to underway make discrimi lawsthe discriminating against women or country inthe repressive the guardianship on system. Based on government harassment and detention of women’s rights activistsrather scrutiny than detailed of In Iran, Amnesty issued a few documents on women’s rights, but most of statements those centered opposition to occupation.’ the humanthe rights community was “belittling significance the the of harassments,the in nameall of ‘the http://amnesty.org/en/library/asset/MDE23/015/2013/en/0927befd-6d71-4044-99fb-f3d37cafc87d/mde230152013en.html. http://www.amnesty.org/en/library/info/MDE13/023/2007/en. ” Again, Amnesty remained silent.

SECOND CLASS RIGHTS PAGE 47 SECOND CLASS RIGHTS PAGE 48 Arabia, 15 June 2012, 281 Amnesty International, “We Support Saudi Arabian Women’s Drive to Freedom,” Shetty’s Salil letter to King Abdullah of Saudi at 280 “International Women’s Day Campaign,” Flickr.com, contributed by European Amnesty International groups, 01Feb. 2012,available ship with government officials and help them tothatrecognize integrating government objectives with governmental organization and advocacy monitoring of national governments can stimulate arelation - including committee the that oversees State compliance with CEDAW. According to NGO,“ the non- at Human the Rights Universal Council, the Periodic Review, and human the rights treaty bodies, One areas of primary the where Amnesty its exerts influenceframeworks, withinis UN particularly UN Lobbying/CEDAW without fear of imprisonment. other UNfora. As of publication of report, this Saudi women are unable still to drive Kingdom inthe it appear that issue the was byraised Amnesty during meetings of UN Human the Rights or Council bying on makers issue the home intheir with policy countries to pressure exert on Saudis. the Nor does anybeen follow up publications to campaign, this nor it does appear that group the didintensive lob- Saudi King Abdullah urging himto allow women right the to drive.281 There not does appear to have posite image and included inaletter dated June Shetty Salil to General 15,2012by Amnesty Secretary support Saudi Arabian women to drive way their to freedom.” 280These photos were intoturned acom- where women were photographed standing near cars or an Amnesty banner holding saying asign “I campaign consisted of apetition circulated by organization, the as well as national sections’ events waspaign supposed to support an internet campaign launched by Saudi women inJune 2011.The 2012 In March 2012,Amnesty initiated asolidarity campaign to support awoman’s right to drive. Thiscam - Campaign Driving Saudi “counter-terror and security,” “discrimination–Shia minority,” and “torture and treatment.” other ill addressesReport women’s rights in a short blurb, fifth discussionsafter on “repression of dissent,” mde230152012en.pdf. http://www.flickr.com/groups/womens-day/pool/. available at http://amnesty.org/en/library/asset/MDE23/015/2012/en/8ce807ff-b25b-4d99-986c-7b6593f08cbf/ asset/AFR38/005/2005/en/f72ee99c-d511-11dd-8a23-d58a49c0d652/afr380052005en.html. on Occasion the of Its on Bureau Election the of Commission the on Human Rights,” 2005,available at 285 Amnesty International, “Mauritania: 2005UNCommission on Human Rights: Recommendations to Government the of Mauritania April 2008,” November 2007,available at 284 Amnesty International, “Tunisia: Submission to UNUniversal the Periodic Review, First Session of UPR the Working Group, 7-11 org/en/library/info/IOR51/009/2004/en. Weakening Protection the of Women from Violence and Middle inthe East North Region,” Africa 3Nov. 2004available at 283 Amnesty International, “Reservations to Convention the on Elimination the of Forms All of Discrimination against Women - www.amnesty.org/en/library/asset/ACT77/049/2004/en/5b1dc6a9-f7a7-11dd-8fd7-f57af21896e1/act770492004en.pdf at 2. 282 Amnesty International, “MakingDuty The of RightsStates aReality: to Address Violence against Women,” 2004,available at tion of status personal laws, were issued.285 It is unclear ifAmnesty campaigned to prevent Mauritania’s and to remove reservations to CEDAW. No specific recommendations, includingtheseeking elimina - Amnesty issued recommendations that brieflythe country on to accede to called humanrights treaties dismal records. For instance, in2005,Mauritania to was Commission. the elected In conjunction, generally made only reference minimal to women’s rights despite that candidates fact the several have as members of HRC the and its predecessor, Commission the on Human Rights. These statements Amnesty, on occasion, has issued statements on human the rights records of countries up for or elected Morocco. In second has which the cycle yet completed, to be Amnesty did not file reports all forat Algeria and report on Tunisia relating to women was adiscussion about harassment of women wearing hijab. the 284 despite severe the repression facing women countries. inthose The in onlyAmnesty’s issue discussed Mauritania,Egypt, and Morocco, and organization the didnot file any reports for Kuwait, or Oman, UPR cycle, ending in2011,Amnesty didnot address women’s rights inits statements on Bahrain, in its shadow reports. Nevertheless, according to UN’s the archive of NGO shadow reports, first inthe human rights record, Amnesty generally didmention women’s rights of as part acatalogue of issues Universal the During process, Periodic is which Review aimed at of examining acountry’s aspects all filing shadow withthe CEDAW reports committee as mentioned above. tions inmost countries It discussed. surprising is also that Amnesty didnot advance concerns these by notdoes appear to have any been follow-up to report this despite continuing the existence- of reserva In 2004, Amnesty published of reservations country to a survey CEDAW MENA in the region.283 There Ethiopia, Nepal, Korea, Chad, Cote D’Ivoire, Zimbabwe, Indonesia, and Mexico. for Canada,Switzerland, Fiji, Papua New Guinea, Russia, Burkina Faso, Uganda, Kenya, South Africa, Saudi Arabia, Yemen, and however, Lebanon. same this During period, time Amnesty didfile reports examining compliance the of Jordan, Algeria, Kuwait, Oman, Tunisia, UAE, Egypt, Libya, Bahrain, reports appear for CEDAW meetings on countries Middle East UNarchives, inthe despite sessions formethod campaigning on women’s rights Through Middle inthe East. 2012, no Amnesty shadow reports” and oral statements. Nevertheless, Amnesty not does appear to have key advocacy this utilized One of main the ways participation this frameworks place takes inthese is through filing the of “shadow to respond. CEDAWthe committee allows NGOs to influencewhich issues are theplaced on agenda forcing states principalthe instruments governing States obligations relating to women’s rights and interacting with CEDAW principles producessocio-economic beneficial principles.”282 As CEDAW discussed, is one of http://amnesty.org/en/library/info/MDE30/011/2007/en. http://amnesty.org/en/library/ http://amnesty. http://

SECOND CLASS RIGHTS PAGE 49 SECOND CLASS RIGHTS PAGE 50 amnesty.org/en/library/asset/MDE01/001/2012/en/e2985922-558f-486d-8e68-ef54a7d25222/mde010012012en.pdf. 287 Amnesty International, “Year of Rebellion: The State of HumanRightsEast the in andMiddle Africa,”North 2012,available at Shetty,286 Salil “Leading from Streets” the Annual 2012, available Report at wordsthe and of deeds governments powerful and institutions and were undermined. It exposed can ests of region’s the people.” disenfranchised 287 groupThe statedfurther that the “disjuncturebetween governments]erful took timely, effective and consistent action to protectthe humanrights and inter stance, despite international intervention inLibya to protect civilians, NGO the claims that “No [pow- Africa,” Amnesty continued to blame West the for lack the of freedoms MENA in the region. For in- In another publication, “Year of Rebellion State the of Human Rights and Middle inthe East North Spring and governments the that assumed power aftermath inthe clearlybelie Shetty’s assessments. that don’t leaderswho no longer expectations will these meet accepted.” be Yet, events the of Arab the ments show leadership by promoting human rights, justice, equality and dignity. The world has shown His essay with claim closes the that “Protesters have thrown down gauntlet the demanding that govern- He continues, fers to Arab Spring countries prior to 2011and remarked: events Shetty Salil Middle inthe East, chastised Western governments for authorizing weapons trans- ers. For instance, introductory in the essay to NGO’s the 2012 Annual commenting Report, on the Amnesty’s overall assessment of Arab the upheavals largely consisted of an indictment of Western pow- offering overly optimistic assessments the of reality for womenthe MENA in region. worldview and was marked by harsh language directed towards Western powers, at while same the time largely driven by issues that garnered attention. media Amnesty’s coverage reflected post-colonialits impact on women remained and like spotty; HRW’s below), reporting it (see appears to have been While Amnesty increased its coverage of issues Middle East afterthe Arab Spring, its attention the to Spring Arab practice of slavery. first inthe election givenplace, the appalling situation for womenthe country in theand continued to promote human rights at home as well. ing economic crisisand tolerance ahigh for ever-growing failure their inequalities exposed humanspect rights. But same countries, inthese domestic that policies to continu led the - and foreign hypocritical self-serving the of policies states’ exposed Africa that claim to re- ernments have always oversimplified. been The East uprisingsthe in Middle and North The clearthat lines politicians to distinguish draw governments try good to from bad gov- doomed toseems failure.286 to governments that violate human rights, role their as guardians the and of security peace as long as there is no strong Arms Trade Treaty that could prevent from them armsselling largest profiteersfrom global trade? thearms As longtheir as powerveto is absolute and resolution to trusted pursue be international are also they when the and security peace The question remains, countriesthatcan the very are able to vetoCouncil any Security http://www.amnesty.org/en/annual-report/2012/foreword. http:// - press-releases/egypt-new-president-must-restore-rule-law-govern-all-citizens-2012-06-29. 291 AI,“Egypt: New President must restore of law, rule govern for all,” 29June 2012available at en/for-media/press-releases/egypt-year-after-virginity-tests-women-victims-army-violence-still-seek-jus. “Egypt: Ayear after ‘virginity tests’, women victims of army seek violence justice,” still 9 March 2012,available at en/576aa9cc-bd07-4724-a410-95b02009c317/mde120292012en.pdf; “Agents of Repression: Egypt’s Police for and Case the Reform,” 2012,available at en/library/asset/MDE12/017/2012/en/a6fbc51f-a151-4b74-8c93-7b625d5cdb75/mde120172012en.pdf; “Brutality Unpunished and Unchecked: Egypt’s and Kill Torture Military Protesters with Impunity,” 2012,available at e6736e55-d411-41d0-8ad7-947000114d3d/nws210062012en.pdf; Clare Fermont, “Fighting Back,” The Wire Nov/Dec 2012,available at d666f7f3-9a98-405c-8172-067ca6a75ced/mde120362012en.pdf; “Egypt: of Letter Interior to Ministry the [Postcard],” 14Nov. 2012available at http://www.amnesty.org/en/for-media/press-releases/egypt-s-new-constitution-limits-fundamental-freedoms-and-ignores-rights-wom; fundamental freedoms and ignores rights the of women,” 30November 2012,available at news/egypt-s-new-constitution-limits-fundamental-freedoms-and-ignores-rights-women-2012-11-30; “Egypt’s constitution new limits constitution limits fundamental freedoms and ignores rights the of women,” 30November 2012,available at http://www.amnesty.org/en/for-media/press-releases/egypt-human-rights-must-come-first-critical-moment-2011-02-10; “Egypt’s new 290 Amnesty International, “Egypt: Human rights must come first moment,”at critical 10 2011,availableFebruary at http://amnesty.org/en/library/asset/MDE01/001/2011/en/1d1b94fb-ad55-4907-9e5a-224f224d90fa/mde010012011en.html 289 http://www.amnesty.org/en/for-media/press-releases/egypt-human-rights-must-come-first-critical-moment-2011-02-10 288 Id. ner.” incredulously Amnesty also claimed (SCAF).”291 Shetty noted that he hoped “this stage of transition the might aturning herald of cor the of cycle the abuse under perpetuated Hosni Mubarak and Supreme the of Council Forces Armed the extremely naïve approach. Amnesty “called on Egypt’s president new to challenge to the rise of breaking man rights, Morsi when President was elected inJune 2012,Amnesty ignored record, this an taking Egypt’s military. Despite much information pointing towards Morsi’s of views women’s rights and hu- duringin Egypt protests the in2011and 2012.289 Amnesty didoffer more coverage of harassment of women protestors theand forced “virginity tests” widely throughout practiced region. the honor (Jordan, killings PA), and restrictive nationality laws (Lebanon), are policies eventhough these Similarly, Amnesty briefly referredsome countries, to selected in suchpolygamypractices as (Libya), Although such MENA laws exist inevery country, it is unknown why Amnesty out singled Tunisia. In Tunisia, Amnesty commented on repressive the status personal laws, but again with few details. of a two year “penalty” for perpetrators of rape in Syria, previously, when no were penalties imposed. ing as has to this had whether any impact on practical improving women’s lives) and imposition the the elimination–specifically of Morocco’s reservations to CEDAW (though as thereyet is datano show- in Saudi Arabia. on Sections Morocco and Syria minimally referred “reforms” to so-called law inthe specifics or detail provided regardingtheviolations, except for a short blurb regardingrightthe to drive UAE. as Discrimination “severe” was described inOman, Yemen, and Saudi Arabia, but without any on Iran, sections in the Egypt, Algeria, Kuwait, Lebanon, Libya, Palestinian the Authority, and the onmade sections in the Iraq, Bahrain, and Qatar. Women’s rights issues were only briefly mentioned odology, and women’s rights received only attention. minimal No mention of women’s rights at was all In of sections country the its 2012Annual Amnesty didnot Report, appear to follow aconsistent- meth uninterrupted passage of oil supplies before human the rights of abillion half people.”288 only hoped that be year the of rebellion an signals end to that policies put ‘stability’ an illusory and the elections last year, giving no indication of elements which could support. they Mohamed Amnestysign International’s Human Rights Manifesto for Change of ahead parliamentary until recently, to human rights remains unknown. The FJP werethe only major party not to commitmentthe of Freedom the and Justice Party Mohamed (FJP),which Morsi chaired 290 Yet, most of criticism this was directed towards http://amnesty.org/en/library/asset/NWS21/006/2012/en/ http://amnesty.org/en/library/asset/MDE12/036/2012/en/ http://amnesty.org/en/library/asset/MDE12/029/2012/ http://www.amnesty.org/en/for-media/ http://www.amnesty.org/en/ http://www.amnesty.org/ http://amnesty.org/ -

SECOND CLASS RIGHTS PAGE 51 SECOND CLASS RIGHTS PAGE 52 8e7f-459a-9757-41bbf2e6e5fd/mde190152011en.html. ClaimsRape Is Eman Al-Obaidi,” Released: 4Apr. 2011, available at updates/qatars-deportation-eman-al-obeidi-violates-international-law-2011-06-03; “Libya: Further Information: Woman after Detained 298 AI,“Qatar deportation of violates Eman al-Obeidi international law”, 3June 2011,available at b306f1ee-22e0-413f-b7ad-a0e45e4c502c/mde190282011en.html. 297 AI,“Libya: Human Rights Agenda for Change,” 2011,available 13Sept. at areashighlighted inthe of researchers the expertise. 296 AI,“Amnesty International Team from Libya Available for Interview,” 1June 2011,available at MDE19/025/2011/en/8f2e1c49-8f43-46d3-917d-383c17d36377/mde190252011en.pdf. Battle 295 AI,“The forLibya: DisappearancesKillings, and Torture,” 2011,available at MDE12/019/2007/en/0eff73e2-d38b-11dd-a329-2f46302a8cc6/mde120192007en.html. -HumanLeaders Rights Groups, Media Trial,” Barred from Observing 4June 2007,available at MDE12/028/2007/en/30d4ef42-d36d-11dd-a329-2f46302a8cc6/mde120282007en.html; “Egypt: Flawed Trials Military for Brotherhood 294 AI,“Egypt: Continuing Crackdown on Muslim Brotherhood,” 30Aug. 2007,available at en/264f5149-eb32-4dce-bb33-1b932b127111/mde120072010en.html. 293 AI,“Egypt: End Stranglehold on Muslim Brotherhood,” 8 Feb. 2010, available at 292 Id. lated to expression free and detention issues. For instance, inatwo-year update on demonstrations, the to government violations during protests. the Instead, NGO the has on focus sole placed restrictions re- against women and other women’s rights issues eventhough it has released dozens of documents related As inother countries, Amnesty’s coverage of uprisings the silent has inBahrain been on discrimination likely had an her because case extremely profile. media high 298 ditional campaigning. Amnesty didissue afew statements about Eman most rape the al-Obeidi, victim However, it not does appear that Amnesty has promoted recommendations those by engaging inad- Libyan government, included which afew bullet points on women’s issues near end the of list. the 297 it has not issued any follow-up report. Amnesty issued aproposed “agenda for change” for new the it had two researchers inLibya for more than amonth.296 Moreover, as of publication of paper, this tions.” Yet, Amnesty didnot explain why it could not proper the given collect that especially evidence, first-handto collect testimonies the andclaims, evidence to other verify and is continuing its investiga- women during Libyan the conflict.”295 Moreover, group the that added “the organization was not able stated explicitly that its report “does not include information on allegations violence of against sexual Amnesty’s main report on uprising the inLibya didnot address issues related to women’s rights and practices impacting women,societal including FGMand polygamy. Moreover, throughout Amnesty to failed same this issue period, any statements on laws Egyptian and Brotherhood itself must rights respect relating to expression, free association, assembly, and religion. Jews, and other minorities. failed also to They offer cautionary notes demanding that the Muslim and made no society mentionEgyptian of Brotherhood’s the offensive highly views on women,Copts, repression,political statements these offered no context the controversialto role the of Brotherhood in It issued two similar statements in 2007.294 While it is important for Amnesty out to speak against uphold rights the to freedoms of expression, association and assembly” of Brotherhood members.293 governmentEgyptian on and it called “to stop [sic]crackdown their dissent political on and peaceful In aFebruary 2010statement, “End Stranglehold on Muslim Brotherhood,” NGO the condemned the In prior fact, to Mubarak’s overthrow, Amnesty statements issued several supporting Brotherhood. the Egyptians. certainty about his commitment to uphold human circumstances, rights inall and for all parent organization, Muslim the Brotherhood. The President must now dispel any un- Morsi has, however, now formally resigned from his position from FJPand the both its 292 http://amnesty.org/en/library/asset/MDE19/015/2011/en/bcda4c8c- http://amnesty.org/en/library/asset/MDE19/028/2011/en/ http://amnesty.org/en/library/asset/MDE12/007/2010/ http://www.amnesty.org/en/news-and- http://amnesty.org/en/library/asset/ http://amnesty.org/en/library/asset/ http://amnesty.org/en/library/asset/ ;Note that women’s issues were not 304 Id. 303 Year of Rebellion, supra en/85db44f3-b00f-4998-a363-4b5a61177b72/mde310122012en.pdf. 302 AI,“Yemen: Human Rights Agenda for Change,” 2012,available at 9d92-46a7-bbe3-fea155a21582/mde310142012en.pdf. Rights (10-28September),” Council 26September 2012,available at 301 AI, “Yemen: Ensure accountability and remedy for human rights violations. intervention Oral at 21st the session of UN Human the asset/MDE11/032/2012/en/8a4f8127-9cd4-400b-9ab1-0286ebbb23a0/mde110322012en.pdf. 300 AI,“Bahrain must commit to accountability at Universal Periodic Review,” 16May 2012,available at MDE11/005/2013/en/4d918fc6-f8e8-4feb-8540-3ebfcb46aa15/mde110052013en.pdf/. 299 AI,“Bahrain: ‘Freedom has aPrice’: Two Years afterBahrain’s Uprising,” 2013available at ofhope that transition period the bring will abetter future for Tunisians.” all 304 expressed extreme concern over Tunisia’s future, that “ the onveil used to ID personal cards.” be 303 Amnesty concluded, in contrast to many the analysts that have step” “the government’s decision in April to allow women to pictures use are in they which wearing a In its assessment of impact the of regime change on women in Tunisia, Amnesty hailed as a “positive listed country the upholding rights the of women and girls as seventh out of eleven proposed items.302 and Saleh leader his associates.deposed Areport presenting a“Human rights agenda for change” in Instead, group the emphasized arrests unlawful and detention conditions, and immunity proposals for 2012 session of UNHRC the on state the of human rights inYemen didnot mention women at301 all. crimination facing women country. inthe For example, Amnesty’s oral statement to September the on and arrests of protestors and Islamists, with comparatively little attention paid to extreme the dis- Amnesty’s reporting on protests the and regime change inYemen has on similarly crackdowns focused ow.” l s about how 2008commitments these were ignored, except to blandly note that progress “very has been restrictions on freedom of expression.” Amnesty offered detail no or specific condemnation, however, positively to recommendations to measures take to address discrimination against women and to limit ing previous the in2008and review for “making numerous voluntary commitments and by responding UN Human Rights Council, Amnesty praised government the for engaging constructively” “very dur mentioned. In another document, issued in advance of Bahrain’s 2012 Universal at Periodic the Review officials to justice violations.for Nothing related to women’s rights orsystemic abuses against women is prisoners of conscience, ending restrictions on freedom of expression and association, and bringing responsible for human rights abuses have held to been account.”group299 The calls for the release all of change people is are whether inBahrain for jailed being still expressing and those views, their whether “Freedom has aprice: Two years afterBahrain’s uprising,” Amnesty measuretrue remarked, “The of 300 note 287at 8. http://amnesty.org/en/library/asset/MDE31/014/2012/en/0ef3a596- http://amnesty.org/en/library/asset/MDE31/012/2012/ ‘jasmine revolution’‘jasmine grounds is good for http://amnesty.org/en/library/asset/ http://amnesty.org/en/library/ -

SECOND CLASS RIGHTS PAGE 53 SECOND CLASS RIGHTS PAGE 54 L ers.313 It is unclear how work Women’s the is between divided Division and other departments inthe ment by is headed Gerntholtz. Liesl ThereDeputy is a Director, a Global Advocate, and six research- creation311 Today, of section. this project the is known as Women’s the Rights Division.- 312 The depart program.”310 The Ford Foundation, one of HRW’s main donors, reduced fundingits as a result the of rights ‘stigma.’ There who were actively to discouragethose tried from us adopting a women’srights “I remember jokingly being admonished not to on take women’s as rights not so to dilute human the Project was established, meeting with controversy within organization. the Ken Roth has remarked, byedged Neier, it was not acentral of focus division. Middle the East 309 In Women’s 1989,the Rights Women’s rights was not an area of priority for organization the throughout 1980s,and the as acknowl- division’s the between establishment…and Arab the revolutions of 2011.”308 “consumed more and energy resources of division Middle the East of HRW than any other country area of concern for Watch Middle East was Iraq. Neier how has discussed campaigning related to Iraq formedto be global in 1989. The brand name of HumanRights Watch was adopted in 1987.307 The first WatchAfrica were formed in1985and 1989,respectively. Watch Middle East was last the committee on violations of with U.S. the regimes aligned America inCentral War. Cold inthe 306 Asia Watch and the305 This activity lead to ficials. formation of Americas Watch. particular,In Americas Watch focused conduct of American foreign and to policy engage in “political combat” with Reagan administration of- executive director, Neier, Aryeh early in the group 1980s, the its believed role was to influencethe ternational attention to rights the of dissidents living According bloc. Soviet inthe to NGO’s the first HRW was founded as Helskini Watch in1978by Random House to raise Bernstein in- CEORobert change Middle inthe East. and prioritization to document human rights violations against women and to actively campaign for objectivitythe of organization’s the reporting. factors These have led to an inconsistent commitment 313 HRW, “Women’s Rights Experts.” available at on ground.” the toward realization the of women’s empowerment and gender equality—protecting rights the and improving lives the of women and girls are and needlessly high, women are prevented from making deeply choices personal private intheir lives. Human Rights Watch is working some are trappedwhere inconflicts rape as a perpetrated weaponis of war. Aroundthe world, deaths related to pregnancy and childbirth as childrenmarried or trafficked into forced labor sexslavery. and They access arerefused to educationparticipation, political and and “Despite great made by strides international the women’s rights movement over many years, women and girls around world the are still 312 Women’s Rights Division, available at 311 Neier, supra handle/2027.42/89426/PRACTICE_TO_POLICY.pdf?sequence=4. Ford R. Gerald of School Public Policy, University of Michigan, 2010,available October at Walling Booth 310 Carrie and Susan Waltz, “Human eds. Rights: From to Practice Policy - Proceedings of aResearch Workshop” 309 Id. 308 Id. 307 Id. 306 Id. 305 Neier, 2012,The Aryeh, International Human Rights Movement: A History, Princeton University Press, 230-31. at also 205;see HUMAN RIGHTS WATCH: POLITICS OVER PRIORITIES at 228. at 219. at 215. at 208-09. head ofhead &North Middle the East Division, Whitson, Africa Sarah Leah has compromised policy. In addition, overt politicization by HRW Executive Director Kenneth Roth and the centered on post-colonial politics and oppositional stance to U.S. counter-terror and foreign large by part interest, media an overwhelming on focus armed conflict, and an ideology ike Amnesty, HRW’s output on women reflects Middle inthe East an agenda motivated in note 305at 228. http://www.hrw.org/topic/womens-rights; The description the division’sof work states, http://www.hrw.org/by-issue/experts/681. http://deepblue.lib.umich.edu/bitstream/ 320 Id. 319 Ron and supra Ramos, 318 Walling and Waltz, supra eds., 317 Neier, supra default/files/related_material/Financial-Statements-2010.pdf 316 HRW, “Human Rights Watch, Inc. Financial Statements: Year June Ended 30,2010,” 2010,available at default/files/related_material/financial-statements-2011.pdf. 315 HRW, “Human Rights Watch, Inc. Financial Statements: Year June Ended 30,2011,” 2011,available at default/files/related_material/financial-statements-2012.pdf. 314 HRW, “Human Rights Watch, Inc. Financial Statements: Year June Ended 30,2012,” 2012,available at For instance, HRW issued more than twenty statements relating to Edward Snowden, former-NSA the There are many examples of is strategy howrepresentedthis media-focused inHRW’s reporting agenda. repression, and conflict are not covered proportionately by HRW. 320 as mentioned above, Ron and his colleagues have found that countries the sufferingfrom most poverty, demand, and businesses that much dotoo of latter the quickly into will run trouble.”319 As aresult and NGO to spearhead issues: “It’s people to what easier sell already want they to create than to try new as noted by Ron and HRW Ramos, functions like abusiness, meaning there is little incentive for the felt organization the was often incompetitionwith HRW for coverage. media 318 In environment, this ting NGO the apart from other human rights organizations.317 Amnesty officials havestated that they of publications “to maximum secure public attention” is one of distinguishing the characteristics- set driverThe is a media of HRW’sprimary agenda. According to Neier, HRW’s efforts time the to release Media-Driven Agenda ing earmarked for work on women’s rights Middle inthe East. HRW not does provide breakdown a detailed of resource allocation by or country amount the of- fund follows: According to HRW’s 2012financial the reports, organization’sallocation foreach of its divisions is as requests made by author the information. this to clarify extent two the departments collaborate. Neither HRW nor Ms.Gerntholtz responded to numerous of Women’s the under purview the falls Division or MENA the Division. It unknown is to also what organization. It is responsibility unknown ifprimary for reporting on women’s rights Middle inthe East Health andHumanRights Europe andCentral Asia note 305at 210. International Justice Children’s Rights Women’s Rights Other Programs DIVISION Americas MENA note 212. Africa Asia US note 310at 25. 13,477,056 6,404,355 4,282,969 5,433,146 2,367,775 1,873,626 3,867,015 1,755, 871 2,077,916 1,587,843 2,533,126 2012 314 11,384,854 2,083,890 4,629,535 3,104,643 5,859,910 4,123,959 1,325,749 1,331,448 1,962,015 1,551,463 1,105,571 2011 315 http://www.hrw.org/sites/ http://www.hrw.org/sites/ http://www.hrw.org/sites/ 2,069,850 3,824,840 9,589,236 1,204,866 3,729,262 1,422,990 1,497,380 1,276,024 5,263,931 2,487,143 855,543 2010 316

SECOND CLASS RIGHTS PAGE 55 SECOND CLASS RIGHTS PAGE 56 323 Id. 322 Neier, supra sochi. HRW321 See “Multimedia” at http://mm.hrw.org/; HRW also see search for “Sochi” at http://www.hrw.org/search/apachesolr_search/ of HRW’s work, as HRW’s addressed Bernstein, by Robert founder: rights law not connected to armed the conflictsCold the of War. This choice continues to mark much U.S. foreign policy. HRW thus assigned lower priority and attention to systematic violations of human comments on violations committed by U.S.-proxy paramilitaries groups, and guerilla and to challenge solely on violations of human rights law, it would not have foundation had alegal on its to which base lawsthe of armed conflict generally obligate actors.all Therefore, had HRW limited itself to reporting Moreover, obligations the while of international human rights law donot upon fall non-state actors, tification for HRW to spend its resources on monitoring U.S. compliancewith related internationallaw. forrespect human rights was considerably more advanced U.S., inthe there wouldmuch been less jus- NGOs, as opposed to HRW, centered on state compliance with international human rights law. As by War-allied Cold governments. work 1980s,the the 323 During of Amnesty and other human rights rights agenda of U.S. the government and to country’s highlight the potential complicity inabuses tarian law/the laws of armed conflict was a means forthe organization to draw attention the to human Amnesty and other NGOs.322 Emphasis on armed conflict and compliancewith international humani- PR strategy, asignificant is also focus this waywhich HRW in at its inception distinguishedfrom itself onReporting armed conflict is another major factor influencing HRW’sLike agenda. its sophisticated Conflict Armed stantive impact. that it is promoting change, there is little that evidence any of its campaigns media have had any sub - spotlight go unreported. While strategy garners this HRW publicity, allowing it to claim to its donors Intense profile on high focus these events invariably meansthat abuses incountries out the of media HRW engaged insimilar campaigns relating to Formula and 1inBahrain 2012London the Olympics. dozensmedia, of statements, and pop-ups on HRW’s website encouraging visitors to apetition. sign 321 izing on attention media surrounding Winter 2014Sochi the Olympics. This effort has includedmulti - Similarly, HRW has launched a major PR campaign to highlight Russia’s human rights record, capital- spotlight. media the Papua New Guinea with – a country significant humanrights problems, but remote, small, and out of 2002andbetween September 2013(11years), HRW issued only twenty-seven statements relating to garnered major attention media mid-June between and mid-September 2013(3months). In contrast, contractor classified documents leaked who the to press on programs,U.S. surveillance since his story , at 206-11. are trying to act like to areferee act are trying at event, asports war calling of crimes come sides.They both considered awar and crime what should not. The resultthat is humanrights organizations fare, deciding what constitutes alegitimate of act war and what not, does what should be have they into waded lawssocieties, inthe to of muddle the become experts war of trying on insuring human basic rights for citizens all across Arab the world and inother closed treated from upholding Universal the Declaration of Human Rights. Instead of focusing In my opinion, over last the few years, many human inthe rights field have steadily re- note 305. - article.php?id=2776#2009. 328 NGO Monitor, “Collection of Annual on Reports Human Rights Watch,” January 30,2013available at 327 Id. watch?v=9TaVVs6NgiY. 326 “VerityCurrents: Whitson, Sarah Leah Human Rights Watch, 21 2011”available Sept at Q&nomobile=1 h?v=ooRICVYWHyQ&feature=player_embedded&desktop_uri=%2Fwatch%3Ffeature%3Dplayer_embedded%26v%3DooRICVYWHy 325 Russia Today, “Bombing for Syria better strike than September peace: nothing?” 8,2013,available at http://www.youtube.com/watc NYC available at Bernstein’s “Robert L.Bernstein, 324 Robert Remarks Upon Receiving Dr. Heller Bernard Prize,”May 02,2013,Hebrew Union Collge, agendathe and of policies USgovernment. the More problematically, insome instances, HRW not will severe human rights situations are ignored by organization the are if they not somehow connected to A nexus to U.S. determine priority the also foreign will of agiven policy issue on HRW’s agenda. Often, U.S. Foreign Policy Spring were as they unfolding. below) andcussed the left organizationill-prepared to respond adequatelyevents the to the of Arab depletedin focus resources the of MENA’s budget, forcing funding to them from seek Saudi elites (dis- on any other Mid-East issue, including protests 2009post-election the inIran.328 HRW’s abrupt change more than 40statements promoting UNHRC’s the Goldstone –far surpassing Report HRW’s output reports on GazaWar the than on any other issue or conflict. In addition,the in2009-10, NGO released lengthy reports, sixof were which directed at violations alleged committed by Israel. HRW issued more resources towards Israel and GazaWar. the campaign 327 This new resultedthe in publication seven of trate on abuses of women region, inthe but HRW abandoned plan, this choosing instead to direct its Moreover, she that revealed in2009,HRW’s MENA department was initially to scheduled concen- MENA division, admitted that NGO the didnot direct enough resources towards women’s rights.326 In to awomen’s aSeptember 2011talk group inToronto, Whitson, Sarah Leah director of HRW’s pushed aside work the on women’s rights. reportingbetween on armed conflict or abuses of humanrights law directed against women, havethey of armed conflict. HRW officials explicitly haveacknowledged whenthat confrontedwith a choice women’s rights MENA inthe region, was which relegated status to secondary compared to situations Roth’s is clearly view the reflected in relative unimportance assigned by HRW to systematic abuses of concern to HRW than deaths resulting from armed conflict war.or civil tor or authoritarian regime may(which include also mass over killing of a long istime) of period lesser month.” In other words, mass systematic scale, abuses of human rights of millions of people by- adicta he over was ruling country…He aunified ruthless dictator was a but he wasn’t 5,000civilianskilling a is worst the Moreover, case. he noted that “no one for was intervention calling military over Assad when stated that asituation where differing factions are controlling acountry and “masskilling” occurring is ians, he commented that he didnot dictatorships think were “worst the possible scenario.” Rather, he possibilitythe inretaliation strikes of USmilitary for Assad’s of use chemical weapons on Syrian- civil Ken to Roth alluded choice this on as well inaSeptember Russia 2013interview Today.325 Discussing Defense Forces and occasionally with Hamas, Hezbollah, and from to time time, Iran.324 across like agroup of litigator lawyers playing agame of “Gotcha!” mostly with Israeli the http://www.ngo-monitor.org/article/remarks_upon_receiving_dr_bernard_heller_prize. http://www.ngo-monitor.org/ http://www.youtube.com/

SECOND CLASS RIGHTS PAGE 57 SECOND CLASS RIGHTS PAGE 58 as that it was branded of part an “axis of evil” by U.S. then President George Bush. e.g. Neier See, thatto fact the North Korea regime is a closed and HRW allocates much less resources towards criticism of such governments, as well authorities. Thelast report aimed the at North Korean government dates itself back to 2007.HRW’slack of coveragecanbe attributed 329 HRW has issued only sixin-depth reports on North Korea, last the one in2008and that report was primarily directed at Chinese the and Council afew sentences15, 2000,to UNSecurity the in athirteen-paragraph May 2001letter to the werepolicies four short sentences of middle buriedinthe atwelve-paragraph letter, dated December related to fightingbetween Taliban and opposition forces. Theonly mentions of anti-womenTaliban 1996 through September 11, 2001, HRW issued only 18 total documents on country. the of All these reveals that NGO the didnot doany reporting on plight the of women at hands the of Taliban. the From Despite horrific the circumstancesthe country, in a of HRW’sreview Afghanistan archives on its website spectators at Kabul the stadium. 333 soccer filmed and broadcast by CNN, showedthe shooting of a motherfront seven in of of 30,000 cheering involvedsome occasions, spectacles these execution. incident, gruesome One particularly clandestinely including and adultery fornication, are publicly lashed at stadium the infront of large crowds.”332 On ings on street: the “Women violate who Hudood the Ordinance with regard to questions of morality, equipped “women’s only” hospitals.whoviolated Those these strictures were subject to publicbeat - sectors. Women services and social were subject to segregation care, inhealth including woefully and some women, mostly needy widows, were allowed to work in limited circumstances health inthe tional pressure, by 1999some girls aged 6-10were allowed to attend religiously-run schools primary permitted to attend school. could They not leavethe homewithout a male relative. Following interna- covering entire the including body face. the Women were forbidden from working, and girls were not Under Taliban, the women and girls were forced to wear burka, the an extreme of style Islamic dress and rights the to education, freedom health, of movement and freedom of association.”331 women.” noted330 She that further “they are subject to grave indignities areas inthe of physical security that “discrimination against the of livesaspect women of every is officially sanctioned pervades and eradication of rights for women and girls. AUNrapporteur, visited who in1999,remarked country the of daily life by Islamist courts and religious police. One of defining the characteristics the was of rule its most brutal and oppressive regimes encountered. Taliban was marked rule by control aspect over every 1990 withdrawSoviet from country. the groupThe established an Islamist government and one the of Afghanistanpowerthe in1996,filling vacuum resultingfrom politicalthe upheavalthe wake in the of HRW’s reporting on Afghanistan is aprime example of phenomenon. this The power seized Taliban in cies or U.S. administrations organization the opposes. devote attention to ahuman rights crisis (such as North Korea) as not329 so to appear with- poli aligned 333 Janelle Brown, “The Taliban’s BravestOpponents.” Salon 332 Id. 331 Id. GEN/G00/115/81/PDF/G0011581.pdf?OpenElementat. September 1999)”13March 2000,UNDocument E/CN.4/2000/68/Add.4, at 5 available at submitted inaccordance with Commission on Human Rights resolution 1997/44. Addendum: Mission to Pakistan and Afghanistan (1-13 Against Women; of Rapporteur Report Special the on violence against women, its causes and Coomaraswamy, consequences, Ms.Radhika 330 United Nations Economic Council, “Integration and Social OfThe HumanRights Of Women Genderthe and Perspective: Violence man rights country.”) inthe Korea about human the rights situation inNorth Korea have contributed to and adeep unhelpful politicization of discussion the of hu- (“U.S.node/11323/section/3. rhetoric about North Korea forming of part an “axis of blindness evil” and among willful some inSouth Theof Survival: North KoreanGovernment’s Control of theRiskand Food of Hunger,” 4 May 2006,available at Iran page 67),it (see appears that NGO the agenda the didnot of want administration. the as serving HRW, seen to be See “A Matter org/news/2004/02/09/status-international-religious-freedom-analysis-state-department-s-2003-annual-repor. HRW’s Like approach to International Religious Freedom: An Analysis of State the Department’s 2003Annual Report,” 11Feb. 2004,available at at 7. , 2 Oct. 2001,available, 2Oct. at http://www.salon.com/2001/10/02/fatima/. http://daccess-dds-ny.un.org/doc/UNDOC/ supra note 301 at 12; HRW, “Status of http://www.hrw.org/ http://www.hrw. serviceeurope.com/article/3491/dark-future-for-womens-rights-in-afghanistan#ixzz2U0vU3YjE. 336 Heather Barr, “’Dark Future’ for Women’s Rights inAfghanistan.” Europe Public Service www.hrw.org/news/2000/12/13/letter-un-security-council. 335 Kenneth Roth and Joanna Weschler, “Letter Council,” to UNSecurity Letter toV. H.E.Sergey Lavrov, 2000,available 15Dec. at www.hrw.org/news/2001/04/30/letter-un-high-commissioner-refugees-ruud-lubbers. and Reilly 334 Rachael Sidney Jones, “Letter to UNHigh Commissioner for Ruud Refugees, Lubbers,” 2May 2001,available at trast, HRW’s website lists only 2 pages for polygamy, 4 pages for child marriage, and 5 pages on FGM. vastthe majority of documents listed under HRW’s Iraq page address conduct by U.S. forces. In con- rorism, 50pages on Guantanamo Bay, 15pages on rendition, and 12pages on Abu Ghraib. Moreover, 9/11 attacks. For instance, HRW has archived on its website more than 100pages discussing counterter Campaigning against U.S. counter-terror of highest been priority has policies also for HRW since the to pre-9/11 levels or ifAfghanistan retain will its centrality for organization. the and international attention elsewhere, drifts it whetherremains HRW’s seen be to coverage will return munity to people the of Afghanistan since 2001.”336 Once U.S. the completes military its pullout in2014 riorating climate for rights, it would of abetrayal be one of key promises the of international the com- published by HRW’s Afghanistan researcher lamented that “If women are abandoned indeed inadete- Ironically, a May 2013 op-ed discussing anticipated/announced the 2014 withdrawal by coalition forces coalition bombing campaign began. report on women’s rights inAfghanistan was ashort 27-page report, dated 29,2001,afterthe October U.S. conduct, rather than abuses committed by Taliban the fighters. or Qaeda Al The first in-depth Moreover, operation once military the began,asignificantpercentage documentsthese of related to for overall. country the below showing number the of HRW publications related to women inAfghanistan versus publications following 9/11that HRW beganclosely following conditions as illustrated country inthe chart inthe appliedequally be directly to HRW’s coverage of Afghanistan; it was not until U.S.-led the invasion continue against perpetrated to be country’s the own civilian population.”335 Yet, failings these could andbin supporting Laden foreign activity, criminal and not does directly address grave the abuses that unfortunateparticularly that present the discussion is limited to Taliban’s the role inharboring Osama Afghanistan “because Council: admonished rarely Security the appears on Council’s the agenda, it is UN High Commission of Human Rights.334 Surprisingly, 2000letter, December inthe Kenneth Roth , 22May 2013.available at http://www.public- http:// http:// -

SECOND CLASS RIGHTS PAGE 59 SECOND CLASS RIGHTS PAGE 60 HRW’s Core Priorities greatest the one see will amount of and focus publication output by HRW. an issue. The following Venn diagramillustrates these priorities. Wherethe priorities overlap,where is to where most the human rights protection largely is needed, HRW determines whether report on will The confluence of driversagenda (media interest, armed conflict, and U.S. as policy), opposed foreign endemic issues MENA inthe region. chart on(See page 73)Therefore, intense criticism of policies coverage trumped U.S. has of other more occurs. occurs. parameters (i.e., Syriaof since beginning the its war), civil acorresponding uptick inHRW attention Conversely,porting. circumstances when change such that atopic more falls centrally within HRW’s attentionLess is paid towards countries, donot these within HRW’s they because fall criteria for re- repressive countries (as ranked globally by Freedom House): its website). For example, NGO the has issued far more reports on U.S. the and Israel than on most the This resourceallocation in also is reflected HRW’s output of in-depth (classified reports as “reports” on

SECOND CLASS RIGHTS PAGE 61 SECOND CLASS RIGHTS PAGE 62 Divorce,” 17 September 2012,available at 338 HRW, My IGet “’Will Harm …Before Dues IDie?’: to Women from Bangladesh’s Discriminatory Laws on Marriage, Separation, and Nw. J. Int’l Hum. Rts.126 (2012)available at Gerald M. Steinberg, International also 337 See NGOs, Arab the Upheaval, and Human Rights: Examining NGO Resource Allocation, 11 followingthe terms: The following chart representsthe number pagesof of results inHRW’ssearch enginewhen entering girls MENA inthe region alone. riage, honor and crimes, dress problems codes, impacting more than one hundred million women and prison rape, and 50pages on Guantanamo Bay. These topics were morealso numerousthan marchild pages of results appear as opposed to 6pages on Goldstone the 7pages on Report, drones, 5pages on tion” against women.338 Yet, term“polygamy” the when into is inserted HRW’s search engine, only 2 Notably, ina2012publication on Bangladesh, HRW polygamy described as a“key basis for- discrimina ing on such topics as Wikileaks, Goldstone Olympics, the Sochi the Report, and abortion. ofdenial women’s participation political MENA in the region have ofteneclipsed been by HRW - report segregation, child marriage, polygamy, forced genital mutilation, abusive status personal laws, and the countries, HRW has provided no coverage at337 For all. instance, intense scrutiny of systematic gender by factors the driving HRW’s agenda, abuses these have addressed inconsistently, been and insome systematic the Because violations of women’s rights MENA inthe region are not usually encompassed HRW on Women Reporting in the MENA Region orbit, are they not amajor priority for organization. the Similarly, women’s because rights issues MENA inthe region generally donot oftenwithinthis fall http://www.hrw.org/node/109683/section/3. http://scholarlycommons.law.northwestern.edu/njihr/vol11/iss1/5/. - low priority of women’s Appendix also issues. (See 1) sues MENA inthe region out of total publications show 1995-2012,also issued between relatively the The followinggraphs, provide a breakdown the of number of publicationsthat addressed women’s is-

SECOND CLASS RIGHTS PAGE 63 SECOND CLASS RIGHTS PAGE 64 340 HRW, “Browse by country,” available at 339 The detailed numerical breakdown is available at exclusive the never been of focus report on adetailed any topic. Prior to 2011,HRW had not issued a to same the status personal laws that impinge on rights their inother MENA countries. has 340 Oman HRW has no page country for Mauritania, anation where is slavery endemic and women are subjected female protestors. HRW ignored also reports media regarding harassment sexual by Palestinian solidarity activistsagainst againdo so until 2005.From 2000-2010,HRW issued only one document on Tunisia. Amnesty, Like 2010 and Qatar until 2011. While organization the issued one document on in 1999, it Algeria did not minimal. For instance, HRW didnot issue any documents relating to women’s rights inYemen until in 2007and Saudi Arabia in2008,and for most of MENA the countries, coverage was either absent or issued more than eight documents focusing on women’s rights for with exception a country the of Iran two each for Jordan. Until 2010, even though there few reforms had been region, in the HRW never HRW issued only one document each for Iran, Egypt, Bahrain, Algeria, Kuwait, and Morocco; and Palestinian Authority, Qatar, Syria, Saudi Arabia, Tunisia, UAE, the or Yemen. five these Over years, ing on violations structural of women’s rights for Iraq, Lebanon, Libya, Mauritania, Morocco, Oman, each year, and in1999there were four. HRW same this During period, issued no documents- focus touching on women’s rights for entire the region. From 1995-1998,there was only one piece issued in From 1995throughgraphs,the 1999,as reflected in 339 HRW only issued approximately ten documents http://www.hrw.org/browse_by_country. Appendix _ us-ratify-women-s-rights-treaty. 344 HRW, Women’s “US: Ratify Rights Treaty”, 15July 2010,available at 343 Id. 342 HRW, “Documents on Kuwait.” available at letter-jordans-minister-justice-honor-crimes. or-killings; “Letter to Jordan’s Minister of Justice on ‘Honor’ Crimes,” 10August 2009,http://www.hrw.org/news/2009/08/10/ Killings,’” 9September 2009,available at with341 A few honor documents deal including: killings HRW, “Jordan: Tribunals No Substitute for Reforms on ‘Honor for advancing women’s rights at home.”344 Yet, through 2012,no HRW shadow report appears inthe that CEDAW “improve[s] status the of women internationally and provide[s] an important mechanism HRW has repeatedly noted that compliance with CEDAW is apriority. For instance, group the has stated priorityhigher on HRW’s agenda. against perpetrated tices women subject to draconian Kuwaiti status personal laws such that it merits a condemned. Its existence, however, surely not does outweigh or daily ineither the scope injus scale - Undoubtedly, discrimination against transgendered the inKuwait is worthy of comment and should be Saudi Arabia.343 NGOthe that use opportunity for suffrage to call full for women in countriesother like neighboring rightthe to vote was finally obtained, HRW did not issue a press release or any other statement, nor did of general human rights issues and country inthe briefly mentioned votingrights for women.342 When one filing thewith UN to an accompanying press release, and one that (2000) report on a list focused until 2005.Yet, 1999and between 2005,HRW issued only one short press release (1999)on issue, the tematic discrimination against Kuwaiti women. Women didnot get right the to vote country inthe In contrast, since 2000,HRW has not issued asingle report that provides in-depth details of sys- the is, extent, to acertain about rights the of men. touching on gender in Kuwait for more than and a decade, in reality, issue the of “transgender women” women” for cross-dressing. In appears this fact, only the to be sustained topic of campaigning for HRW releases, two op-eds, and one in-depth report on arrests by Kuwaiti the against police “transgender dressed like or as identify women). who 2008and September 2013,HRW Between issued three press stance, only the in-depth report touching on women’s issues dealt with “transgender women” (men In other countries, HRW appeared to on focus marginal issues related to gender. In Kuwait, for in- status laws that women impact all country. inthe 341 only statements seven issued on honor little and killings attention very directed towards personal the unjust practices against domestic and migrant workers (fourteen documents). In contrast, there were In some countries, such as Jordan, majority the of HRW’s on focus women dealt with labor laws and until June 2012. press release focusing exclusively on Qatar since 2003,and its first the wasreport country on not issued http://www.hrw.org/news-all/230?date_filter%5Bvalue%5D%5Byear%5D=. http://www.hrw.org/news/2009/09/01/jordan-tribunals-no-substitute-reforms-hon- http://www.hrw.org/news/2010/07/15/

SECOND CLASS RIGHTS PAGE 65 SECOND CLASS RIGHTS PAGE 66 kuwait-court-victory-women-s-rights. 349 HRW, “Kuwait: Victory Court for Women’s Rights,” 6May 2012,available at 348 Neier, supra ohchr.org/HRBodies/UPR/Documents/Session7/IR/HRW_UPR_IRN-S07_2010_HumanRighstWatch.pdf. guardianship system or other discriminatory laws against women. HRW, See “UPR Submission: Iran,” August 2009available at 347 HRW’s shadow report for Iran includes adiscussion regarding discrimination against homosexuals, yet has no discussion of the research agenda attention, (media USforeign policy, and armed conflict). 346 HRW’s extensive on focus ICC, the as opposedto women’s rights, is explained by its under falling main the criteria that drive HRW’s laws or gender discrimination inany countries. depth inthese unclear that absence inthe of issue this of abuse, is which apriority for organization, the ifHRW would have addressed status personal status laws and family but codes, vast the majority of publications these address violations related to labor or citizenship rights. It is migrant domestic workers. Some of documents may these briefly touch on gender discriminationthe in region resultingfrom personal 345 little equalityvery inKuwait. While HRW included aline at end the of statement the for calling reform that are guaranteed inKuwait’s constitution and international laws,” despite that fact the women enjoy Stork commented, important “This ruling reaffirms the principlesbetween of menequality and women women from gaining level employment entry at Justice the Ministry.349 MENA Deputy Director Joe statement praising as an “important aKuwaiti victory” court decision canceling aministerial bar on Kuwait is one such example where HRW abuses.peddles soft In 2012, for instance, HRW issued a press Kuwait status laws. Morally, HRW’s double standards weaken foundations the of universal human rights. dampens pressure on abusive regimes to implement real reform, such as abolishment the of personal level of accountability for violations as it for does Western countries. Practically, approach selective this in aWestern country. As aresult, HRW not does hold governments MENA inthe region to same the tematic violations against women –violations that would not tolerated be by HRW were to occur they mosteven the minor of positive developments, tough failing criticism while to for levy continued sys- Part of soft-peddling abuses against womenthe MENA in region involves HRW offering praise for through other governments.”348 governments through intergovernmental nor didit bodies, have much success ininfluencingthem Yet, according Neier, to Aryeh HRW has not “able been to gain much with indealing abusive traction gloves” “kid this approach that on it theory is the is based amore effective way to implement change. tive terms. This is incontrast to donereporting the by organization on Western countries. It appears HRW oftensoft-peddles while abuses, overly praising minimal reforms and presenting posi- them in In addition to sporadic coverage of women’s issues reporting by the Middle inthe East, undertaken Soft-peddling Questionable & Abuses Fundraising profilehigh setting. wouldwhich have an important been opportunity to promote women’s countries rights inthose ina second Iran, cycle), 347 Moroccocycle), (first Syria, Tunisia (first cycle), theand UAE(first cycle) -- reportsthe it didfile for MENA countries did not include any discussion of women’srights (Bahrain, first cycles),norsecondthe Mauritania, Moroccocycle), (second Oman, Qatar, and Several of Yemen. Similarly, HRW didnot shadow file reports for Universal for (neitherAlgeria Review Periodic forthe engaged inintensive lobbying, and has issued dozens of reports, statements and other publications.346 efforts to promotethe InternationalwhereCourt, HRW Criminal has formed broad coalitions, has campaigning for strengthening women’s the rights treaty, stands insharp contrast to HRWs extensive CEDAW archives for any country.345 The limitedparticipation the CEDAW in framework and minimal Id. It noted should be that also many of documents the for region gulf the relating to women’s rights are on abuses focused aimed at note 305at 231. http://www.hrw.org/news/2012/05/06/ http://lib. at 355 Mahmoud Ahmadinejad, “Full transcript of Ahmadinejad Speech at Columbia University,” New York City. 2007, 24 Sept. 354 Id. 2006,supra353 Schindler at veriran.html; Paul Schindler, “Scott Long’s Troubling Style of Advocacy.” ZNet Recent Items. Gay City News , 8Apr. 2008.Web.available e.g. Paul352 See Schindler,BattleOver “The Iran.” 351 HRW, “World 2013:Kuwait.” Report available at 350 AHDR 2005, supra of policies the Bush the administration: “HRW…warned that Western gay for calls change inIran could one commentator, HRW chose to downplay Iranian abuses as not so inalignment to be to with seem country.”355 It appeared that HRW and Long’s stance was motivated by ideology. political According to surdly claimed, “In Iran, we don’t have homosexuals like inyour country. We don’t have that inour made by Iranian President inhis Ahmedinejad address to Columbia University he in2007when ab- over Iranian of them “cryingaccused repression wolf” of LGBTs. 354 Long’s comments those recalled Long retorted that activists were the “imputing aWesternized ‘gay’ identity on youths,” these 353 and counts of rather case, the than offering healthy skepticism of claims made the by repressive regime.352 angered many gayactivists in the community that asserted who Long was accepting official Iranian ac- executedthe boys were punished actually for offenses such as rape or child abuse.Long’s response orientation,sexual of head the HRW’s LGBT department, Scott Long, urged caution and claimed that regime.the Following hanging the inIran teenagers of several to have believed targeted been for their HRW’s coverage of LGBT issues inIran garnered also significant criticism for downplaying abuses by Iran is provided. against women is reducedcountry in the to three short sentences third in the paragraph, and no detail for men both and women inuniversity. The entirety the discussionof regardinglaws discriminatory levelsecondon jobs. Theparagraph entry secondpraises a decision requiringequal testing standards near end the 351 The of first section. the paragraph repeats the praise the for court regardingdecision its Similarly, HRW’s 2013World chapter Report on Kuwait includes three paragraphs on women’s rights window dressing for regimes.” ruling the 350 Women in power arefrom often selected the ranks the of elite or appointedfrom as party ruling the cause “[s]uch appointments donot however reflect a trend general towards women’s empowerment. as noted Arab inthe Human Development events reports, these must with skepticism viewed - be be atminimal and best has not translated into of repeal the repressive the status personal laws. Moreover, openingin the of sections monograph, this women’s participation Kuwaiti inthe parliament has been Parliament inMay of 2009(all whom lost seats their February But 2012election). inthe as described (though HRW did not comment on event the at andtime) the on ofelection the four women to In statement, the HRW praised for country also the 2005decision the to allow for women’s suffrage decision was enforced. actually paigns to bring about change, this nor there does appear to have follow-up been to ensure that court the nationalityin the laws inKuwait, statement this was not followed up by additional statements or cam- http://www.globalresearch.ca/full-transcript-of-ahmadinejad-speech-at-columbia-university/6889. http://www.zcommunications.org/scott-longs-troubling-style-of-advocacy-by-paul-schindler. note 20at 9. note 352. Gay City News, 20 July 2006, http://www.hrw.org/world-report/2013/country-chapters/kuwait?page=2. available at http://gaycitynews.com/gcn_529/thebattleo- available

SECOND CLASS RIGHTS PAGE 67 SECOND CLASS RIGHTS PAGE 68 36, 357 Scott Long, “Unbearable Witness: How Western Activits inIran.” (mis)recognize Sexuality Contemporary Politics 15.1(2009):119- 2006,supra356 Schindler violence indetention is used sexual which remains unclear, due to lack of access to detention facilities release titled, “Syria: Detention and Abuse of Female Activists,” HRW again degree claimed,to “The to support claims that violence is happening sexual on amassive scale.”362 In aJune 24,2013press years and we’ve found certainly of cases rape against men and women. But we have found no evidence that rape is widespread or systematic. Human Rights Watch documenting has that been conflict fortwo the opposition rebels. OnApril of head 9,2013,the HRW’s Women’s Rights Division published an op-ed in by organization the of of use the systematic rape Syrian in the the between conflict Assad regime and Another strange campaign adopted by HRW, echoing Scott the Long controversy on Iran, is denial the Rape in Syria? research misconceptions dispelled and deceptions about state the rights.” of sexual 361 appeared unapologetic for his work on Iran, noting, “I remember our efforts in Iran,where our accurate afterculpa, citingthe from mea recovery a embolism.pulmonary In his resignation statement,Long expressing concerns their about Long, but no action was Long taken. left HRW in August 2010, shortly and offensive HRW activities. been had approached fiveyears earlier by LGBT community members ing campaign by LGBT the community demanding HRW responsibility take for Long’s controversial about him in recent years by Scott Long.” 360 The responsecame after a long public naming and sham - that it “apologizes to Peter Tatchell for anumber of inappropriate and disparaging comments made On June 30,2010,HRW was forced to apologize for Long’s behavior, issuing apublic statement saying Muslim community inBritain.”358 Tatchell considered and false article to defamatory. the be 359 agendas” and claimed he was “ Politics Contemporary campaign against Tatchell. The attacksculminated ina2009 article authored Longby and published in issue with Long’s approach towards Iran. As aresult of criticisms, these Long launched apersonal One of Long’s most outspoken critics was Peter Tatchell, an LGBT activist from took UK,who the Iran.”356 well dovetail with Bush administration goals of whipping up an Iraq-style intervention frenzy aimed at liesl-gerntholtz/its-not-just-about-sexual_b_3045633.html. Gerntholtz,362 Liesl “It’s Not Just About Violence,” Sexual Post The Huffington blinding-effusion-of-white-light-20100823/#ixzz2Wk3RFSx7. Queerty,post. 23Aug. 2010,available at 361 Scott Long, “Disgraced Human Rights Watch’s Director Queer Scott Long Quits after ‘Blinding Effusion of White Light’” Weblog Routledge for Contemporary the Politics article. craftedfully part and some asif of sortphrased settlement. of legal It is unknown if Tatchellthreatened to or did sue HRW,Long, and available at org/copy-human-rights-watch-letter-apology-peter-tatchell; Pink Wire, “Human Rights Watch Apologises to Peter Tatchell,” 16July 2010 360 Kenneth Roth, “Human Rights Watch Letter of Apology to Peter Tatchell,” 30June 2010,available at longs-iran-essay-refuted for adiscussion of claims the article. inthe Peter359 See Tatchell, “Scott Long’s Iran Essay Refuted.” Editorial, 27Nov. 2012,available at 358 Id. 2B(mis)recognize%2Bsexuality%2Bin%2BIran.pdf available at Huffington Post Huffington http://www.pinkwire.co.uk/article.php?section_id=2&category_id=1&article_id=833. Interestingly, letter the appears care- http://xa.yimg.com/kq/groups/5515418/1891615793/name/Unbearable%2Bwitness,%2Bhow%2BWestern%2Bactivists% stating that Syria, for “in example, there is little credible to support evidence claims note 352 The article accused .357 The accused article Tatchell being of “obsessed” by his “own inward looking http://www.queerty.com/disgraced-human-rights-watchs-queer-director-scott-long-quits-after- ‘going after’ British Muslims and adopting‘bullying a tone’ towardthe , 09Apr. 2013available at http://petertatchellfoundation.org/scott- http://www.huffingtonpost.com/ http://petertatchellfoundation. (Nijhoff 2012). M.Steinberg,370 Gerald Anne Herzberg, &Jordan Best Berman, Practices for Human Rights and Humanitarian NGO Fact-Finding thestar.com/news/world/2013/04/06/syrian_women_who_fled_to_jordan_tell_of_horrific_rapes_back_home.html. 369 Hamida Ghafour, “Syrian women fled to who Jordan tell of horrific back rapes home,”Star The at¶91 available at 368 UNHuman Rights Council, “Report of Independent the International Commission of Inquiry on Syrian the Arab Republic,” 2013, 367 Id. rescue.org/sites/default/files/resource-file/IRCReportMidEast20130114.pdf. 366 International Committee, Rescue “Syria:Commission ARegional Crisis: The IRC on Refugees,” Syrian 2013.available at org/blog/entry/syria-has-a-massive-rape-crisis. 365 Lauren Wolfe, “Syria Has aMassive Crisis,” Rape Women Under Siege, 3Apr. 2013available at why_is_the_u_s_media_ignoring_rape_in_syria/. Soraya Chemaly, “Why Is U.S. the Media Ignoring in Syria?” Rape 3 Apr. 2013.Web. available at com/2012/07/12/is-the-syrian-regime-using-rape-as-a-tactic-of-war/; Lauren Wolfe, “Syria Has aMassive Crisis.” Rape The Atlantic 364 Amy Friedman, “Is Syrian the Using Regime as a Tactic Rape of War?” syria-detention-and-abuse-female-activists. 363 HRW, “Syria: Detention and Abuse of Female Activists,” 24June 2013,available at and abuse existing the had evenwhen shown evidence manifestly to them be wrong370. It is unknown War, where HRW didnot hesitate to make exaggerated and, claims insomefalse cases, of violations in Kosovo, Colombia, Democratic the Republic of Congo, 2006 Lebanon the War, and 2008 Gaza the modus not the certainly operandi been of HRW inother conflicts, suchthe 1999 as NATOcampaign credibility of organization. the It more the is all strange that when extreme skepticism and caution has larly bizarre that group the is insisting on “accuracy” on point, this inorder seemingly to bolster the of systematic with significant faced when rapeevidence the inSyria, contrary.to especially - particu It is It HRW is unclear it what serves purpose to an take overly cautious approach and to deny existence the negative attached, stigma inareligiously particularly conservative countries.369 in armed conflict have commentedalso that women mightbe hesitant to rapebecausereport the of found that “sexual violenceapersistent has been feature of conflict.” the violence on sexual 368 Experts assaulted sexually been to safeguard honor.” their 367 Similarly, UNCommission the of Inquiry on Syria offtheirdaughters to ’protect‘fromthem rape.Others earlyto revert marriagetheirdaughters if have the country.son families their fled Thefear of sosignificant is rape that many families aremarrying violence was consistently identified by Syrian women, men and community - leaders as a rea primary feature of Syrian the war. civil In course the of three IRC assessments inLebanon and Jordan, sexual refugees were fleeing was Syria out of a fear of rape.366 It stated, “Rape is asignificant and disturbing viewed. conducted by NGO the Women Under Siege, rape was reported by more than 85% of witnesses inter Evidence gathered by other NGOs and UN,however, the contradicts HRW’s conclusions.364 In astudy reprisals.” by human rights monitors and reticence the of many to come victims forward for fear of or stigma at 6-7. 365 Another NGO, International the Committee Rescue (IRC), claimed that main the reason 363 http://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/A-HRC-23-58_en.pdf. http://www.theatlantic.com/international/archive/2013/04/syria-has-a-massive-rape-crisis/274583/; Salon , 9 Mar. 2013 Time Magazine, 12 July 2012 available at available at http://www.hrw.org/news/2013/06/24/ http://www.womenundersiegeproject. , Apr 062013,available at http://www.salon.com/2013/03/09/ http://world.time. http://www. http://www. - ,

SECOND CLASS RIGHTS PAGE 69 SECOND CLASS RIGHTS PAGE 70 371 HRW, “World 2013:Saudi Report Arabia.” available at since country’s the establishment. Strangely, report’s the analysis opens with adebate on the whether Minors,” was not published until discriminatory laws 2008 even though these have in place been For instance, first the major issuedreport by HRW the Saudion guardianship system, “Perpetual under international law and universal human rights norms. continued downplayed to be by NGO the and were judged by standards other proscribed than those 2008, nearly two years later. Moreover, an analysis of post-visit publications these shows that abuses In late 2006, HRW was provided access to country. the Yet, reporting didnot to increase until begin well-known. Yet, HRW chose not to prioritize attention or call abuses. to these system, complete lack of rights, political and violations committed against women Kingdom inthe were ofbecause alack of access to country. the This explanation is insufficient, however. The guardianship ing that could not they report on women’s rights inSaudi Arabia would to degree the they have liked Women’sthe Rights division nor MENA the division. HRW officials this lack justified focus of by claim- women’s rights to vote country. inthe The abuses suffered by Saudi women were neither apriority for little to no campaigning on of behalf Saudi women to eliminate guardianship the system or to promote definition legal the of crimes against humanity.Despite this reality,from through 1991 2006,HRW did Itin South Africa. represents one of worst the examples of human rights abuse world inthe and meets sive dress This code. system is similar in many discriminatory the racially to respects apartheid regime and segregation imposed legally areas in all of life. Women may not vote and are subject to an oppres- IIabove, inSection As women discussed inSaudi Arabia are repressed guardian under astrict system groupthe itself admits, on eliminating systemic abuse. to on focus relatively minor issues that may garner attention, media but have had little to no impact, as and sustained campaigning on core the issues relating to women Kingdom. inthe Instead, it has chosen Arabia is untenable.371 Yet, despite recognition, this organization the little has undertaken substantive than its relating activities to Saudi Arabia. HRW acknowledges that situation the for women inSaudi Perhaps better no illustrates case HRW’s “softpeddling” approach on women’s Eastissuesthe in Middle Saudi Arabia NGOs and activists, or ifother factors are motivating HRW. if, like Scott inthe Long controversy, HRW’s position reflects disputes and one-upsmanshipwithrival http://www.hrw.org/world-report/2013/country-chapters/saudi-arabia?page=1. 376 HRW, “Perpetual Minors,” supra reports/ireland0110webwcover.pdf. 375 HRW, “A State of Isolation: Access to Abortion for Women inIreland,” 2010at 16available at 34 available a 374 HRW, “Perpetual Minors: Human Rights Abuses Stemming from Male Guardianship Segregation and Sex inSaudi Arabia,” 2008at saudi-arabia-witchcraft-and-sorcery-cases-rise. 373 HRW, “Saudi Arabia: Witchcraft Cases theRise,” on Sorcery and 24 Nov. 2009,available at http://www.hrw.org/news/2006/03/23/nigeria-obasanjo-must-withdraw-bill-criminalize-gay-rights. files/reports/ireland0110webwcover.pdf; “Nigeria:Obasanjo Must Withdraw Gay to Criminalize Bill Rights.” 24 Mar. 2006.available at e.g. HRW,372 See “A State of Isolation: Access to Abortion for Women inIreland,” 2010available at ashortundertake list of general measures without guidelines. specific In contrast to recommendations own report. The recommendations wateredalso is section down. HRW merely urges King to Abdullah andcivil freedoms. political These claims of “reform” also appear to contradict passages other inHRW’s dures.” Freedom same this During period, time House gave Saudi Arabia lowest the rankings inboth ernment, and reform justice inthe system may bring more transparency and fairness injudicial proce- segregationless sex subject to rigid inpublic places, citizens have greater latitude to gov criticize their - fresh air.” HRW states oddly also that “Saudis are were than freer they five years ago: Saudi women are King reins the Abdullah “loosened stifling Saudithatandsociety” was rule his “one of a brief respite of suffrage and maintenance the guardianshipof system,the paragraph opening the of thatclaimedreport and only criticism mild for persistence the of severe abuses. Despite continued the of denial women’s King Abdullah’s Reforms in Saudi Arabia” offers praise forthe most minor rights of illusory and reforms Similarly, Uncertain Rein, 2010 report the “Looser Gain: A Human Rights Assessment of Five Years of of themselves.376 and segregation,” sex as existence ifthe of system the and segregation were not grave violations inand Minors” represented “efforts to investigate humanrights violations stemmingfrom guardianship male issue clearly to that rises level, are not found Saudi inthe report. HRW how describes “Perpetual also violation of women’s rights.” 375 Words like “immediate” and “egregious,” even though conduct the at ately ensure” and that access to failure the abortion services to ensure access this is “the most egregious Kingdom.in the In contrast, inareport on Ireland’s abortion policy, HRW demands Ireland- “immedi alone clearly demonstrate beyond any doubt that there is an utter lack of commitment to women’s rights advance women’s rights”374 (emphasis The guardianship added). system and systematicother abuses in CEDAW articles critical and its general reservation to treaty the doubt cast on its commitment mediacy. “Perpetual Minors,” for example, contains an absurd line that “Saudi Arabia’s to reservations Moreover, HRW’s reporting on Saudi Arabia lacks language the of demand, certainty, urgency and im- has probative value inwitchcrafttrials.” 373 such acrime. The official confirmedlegal definition that no exists and could evidence what not clarify definition the crime of witchcraftof in Saudi Arabia evidence necessary for a tothe and court prove March 2008,Human Rights Watch asked of ahigh-ranking officialthe in Ministry the Justice toclarify “witchcraft” and “sorcery” prosecutions. In one 2009 press release, for instance, HRW remarksthat “In In other HRW cases, engaged inbizarre correspondence with Saudis, the regarding government’s the Catholic Church, has which obviously motivated government372 policies. in other religiously conservative countries, HRW not does include any discussion of canon law of the Indeed, discussing when gay rights and abortion, are which controversial highly and often outlawed sion by HRW regarding justification the of abusive thelawpractices by of other religions. guardianship system is required under Islamic law. One would hard-pressed be to- find asimilar discus t http://www.hrw.org/sites/default/files/reports/saudiarabia0408_1.pdf. note 374at 45. http://www.hrw.org/news/2009/11/24/ http://www.hrw.org/sites/default/files/ http://www.hrw.org/sites/default/ to to

SECOND CLASS RIGHTS PAGE 71 SECOND CLASS RIGHTS PAGE 72 378 Eltahawy, supra http://www.trust.org/item/20130828043037-kacqu. Anderson,377 Lisa “Saudi Arabia historic passes domestic abuse legislation,” ThomsonReuters Foundation, 28 Aug 2013available at releases, five op-eds, one 52-page report, an oral statement the UN to HumanCouncil,Rights and a guardianship system. From of beginning the 2012through June 2013,HRW issued at least ten press tire MENA region), far surpassing its coverage of of denial the women’s suffrage theand draconian nization, on unseen any other issue related to women’s rights Kingdom inthe (or throughout en - the HRW’s Saudi and women’s campaign sports generated a tremendous amount of output by orga the - had little concrete impact and diverted HRW resources from focusing on less “media topics. friendly” lowing Saudi women to participate 2012London inthe Olympics. Thistype campaigning, of however, campaign for women inSaudi Arabia, was which aimed at promoting women’s access to and sport - al on profile high events media the like Olympics. In 2012,HRWlaunched its only major and sustained As mentioned, one way HRW inwhich to draw tries attention to human rights concerns is to focus Saudi Olympics Campaign Mona Eltahawy, sums up soft-peddling the dryly approach used by HRW and others: obtain protection under it. is empirical demonstrating evidence that law the is enforced and that, practically, women can actually would suggest that one should withhold value judgments, such step the as calling “major,” until there guardian may who her abuser. be infact, 377 Responsible commentary on law, new this Roth’s, unlike guardianship strict the system, women not able will be to file chargeswithout the presence of a male one year. Moreover, as noted by aSaudi human rights law activist, evenifthe into goes under effect, tion (not yet implemented) only imposes aminimum one-month jail termand amaximum of only #Saudi Arabia domestic criminalizes abuse.” Yet, an examination of details reveals the that- legisla the In another example, soft-peddling on August 28,2013, RothKen proclaimed on Twitter, “In major step demand for international prosecutions or other hard-hitting measures. or fact-finding inquiries, forcall no the imposition of internationalsanctions and embargoes, and no nations and international institutions, no demand for establishment the of international investigations in its reports on U.S., the Israel, and other countries, there for is no call intervention external by other Abdullah, is hailed as a“reformer.”378 paternalistic pats on backs are their greeted with delight as monarch the King them, behind elections in--wait for is it bad it for --2015.So women inSaudi Arabia that tiny those that aroyal decree promised to enfranchise for them almost completely symbolic local Saudi Arabia, where women can’t still vote or inelections, yet run it’s considered “progress” note 23.

August 1, 2012 ticles/2012/08/03/for-saudi-judo-player-a-quick-loss-but-a-barrier-broken.html;Christoph Wilcke, “Women and Girls inSaudi Sport,” hrw.org/news/2012/08/03/saudi-judo-player-quick-loss-barrier-broken originally published at http://www.thedailybeast.com/ar girls-play-sports; Minky Worden, “For Saudi Judo Player, But aQuick Loss Broken,” aBarrier August 3,2012,available at “Sauditfzv5; Arabia: Girls All Play Let Sports,” May 8,2013available at news/2013/05/10/olympic-anniversary-end-hurdles-saudi-women originally published at http://www.trust.org/item/20130510201018- 379 Minky Worden, “On Olympic Anniversary, End Hurdles for Saudi Women,” May 10,2013,available at Kingdom.the games, the During Shahrkhani was forced to comply by set Saudi the rules with special grewupwho U.S., inthe to compete under Saudi the flag has not led to major changes for women in Unlike organization’s the claims, however, allowance the of two women, one of whom is aU.S. citizen space for women to get rights, and hard be it will for Saudi hardliners to roll back.”383 a senior HRW official, Minky the Worden,move described as “an important precedent that will create grew up United inthe States.382 Afterthe decision was announcedallowing thetwo women to compete, second woman, Sarah Attar, astudent from Pepperdine University, is aUS-Saudi dual national who compete in Judo only after she received an invitation the by International OlympicCommittee. The and diplomatic pressure). One woman, Wojdan Seraj Ali Abdulrahim Shahrkhani, was permitted to tangible results. Two Saudi woman were allowed to compete at London the Olympics (aresult of IOC Nevertheless, despite significant the resource investment by HRWthiscampaign, in it produced few Olympics.381 HRW’s efforts the increasedon weremedia timed attention to piggyback surroundingLondonthe 2012 Internationalthe Olympic Committee dating (IOC) back to 2008 and intensifying in 2010. Rather, itsto campaign begin issue the when of allowing Saudi women to compete amajor had been effort of have initiated been by HRW, nor organization didthe offer explanations whyas to it waited until 2012 guardianshipin the system and other discriminatory practices.”380 Thecampaign not does appear to pressing concerns on basis that the “ending discrimination has in sports potential the to cracks widen Q&A document.379 HRW justifiedthe strategy of focusing the on issue ratherof sport than other more for Olympics,” the July 10, 2012 news/2012/07/11/saudi-arabia-reversal-women-olympians; Minky Worden, “Saudi Arabia’s unacceptable failure to field female athletes athletes-olympics-will-be-breakthrough; “Saudi Arabia: on Reversal Women Olympians,” July 11,2012available at Female Athletes at Olympics ‘Breakthrough’,” be will July 12,2012available at Starting Line,” July 26,2012available at tanddev.org/?4689/1/How-to-end-exclusion-of-women-and-girls-from-sport-in-Saudi-Arabia; “Olympics: For Saudi Women, Only a world-middle-east-18813543. “London383 BBC, 2012Olympics: Saudi Arabian Women to Compete,” 2012available 07Dec. at com/2012/07/14/sports/olympics/sarah-attar-is-a-saudi-arabian-trailblazer-by-way-of-the-us.html?_r=0. Pilon,382 Mary “Saudi Arabian Trailblazer, by Way of United the States.” New York Times olympics), however, appears the no to document be HRW inthe archives regarding Olympic participation earlier than February 2012. Women to Compete inOlympics,” 28June 2012,http://www.hrw.org/news/2012/06/28/saudi-arabia-allows-qualified-women-compete- 381 HRW claimed in a June 28, 2012 press release that on its issue the advocacy began in June 2011 (“Saudi Arabia Allows ‘Qualified’ org/news/2012/02/15/questions-and-answers-olympics-women-and-sports-saudi-arabia. 380 HRW, “Questions and Answers on Olympics, the Women and Sports inSaudi Arabia,” February 15,2012available at news/2012/02/15/iocsaudi-arabia-end-ban-women-sport. women-and-sports-saudi-arabia; “IOC/Saudi Arabia: End Ban on Women inSport,” February 15,2012available at and Sports in Saudi Arabia,” February 15, 2012 news/2012/02/27/statement-sports-and-human-rights-un-human-rights-council; “Questions and Answers on Olympics, the Women htm; “Statement on and sports human rights at UNHuman the Rights Council,” February 27,2012available at Arabi Al Quds (inArabic) at http://www.alqudsalarabi.info/index.asp?fname=today\21qpt479.htm&arc=data\2012\03\03-21\21qpt479. 21, 2012available at saudi-arabiaioc-women-s-olympic-debut-only-first-step;Christoph Wilcke, “Why a Token Saudi Female is Athlete not Enough,” March persist; “Saudi Arabia/IOC: Women’s Olympic Debut Only First Step,” March 23,2012available at Hurdles for Saudi Women Persist,” May 23,2012available at for Women,” June 25,2012available at http://www.hrw.org/news/2012/06/28/saudi-arabia-allows-qualified-women-compete-olympics; “Saudi Arabia: An Olympic Advance female-athletes-olympics?CMP=twt_gu; “Saudi Arabia Allows ‘Qualified’ WomenCompete to in Olympics,” June 28,2012available at athletes-olympics originally publishedGuardian inThe available at http://www.hrw.org/news/2012/03/21/why-token-saudi-female-athlete-not-enough originally published inAl http://www.hrw.org/news/2012/08/01/women-and-girls-saudi-sport originally published at http://www.spor available at http://www.hrw.org/news/2012/07/26/olympics-saudi-women-only-starting-line; “Saudi Arabia: http://www.hrw.org/news/2012/06/25/saudi-arabia-olympic-advance-women; “IOC: Olympic http://www.hrw.org/news/2012/07/10/saudi-arabias-unacceptable-failure-field-female- available at at http://www.guardian.co.uk/commentisfree/2012/jul/10/saudi-arabia-failure- http://www.hrw.org/news/2012/05/23/ioc-olympic-hurdles-saudi-women- http://www.hrw.org/news/2012/02/15/questions-and-answers-olympics- http://www.hrw.org/news/2012/07/12/saudi-arabia-female- http://www.hrw.org/news/2013/05/07/saudi-arabia-let-all- , 13July 2012available at http://www.hrw.org/news/2012/03/22/ http://www.bbc.co.uk/news/ http://www.hrw.org/ http://www.hrw.org/ http://www.hrw.org/ http://www.hrw.org/ http://www.nytimes. http://www.hrw. http://www. - -

SECOND CLASS RIGHTS PAGE 73 SECOND CLASS RIGHTS PAGE 74 that would apartheid never racial excuse wind up greeted being as plausible rationalizations for gender spread predisposition to downgrade significance the of any gender discrimination” suchthat “defenses As noted by scholar legal Mayer, Ann Elizabeth sentiments expressed like those by Roth reflect wide- “a 2012, Roth wrote: Director Ken Roth’s apparent endorsement of gender segregation. In on a tweet posted September 11, The worst example of HRW’s minimizing of Saudi abuses of women is in reflected HRW Executive Segregation? Endorsement of Gender sites/default/files/reports/saudi0212webwcover.pdf. 388 HRW, “Steps of Women’s Denial of Devil:” the and Girls’ Rights to Sport in Saudi Arabia, 2012.Print. available at saudi-arabia-let-all-girls-play-sports. item/20130510201018-tfzv5; “Saudi Arabia: Girls All Play Let Sports.”, 8May 2013,available at hrw.org/news/2013/05/10/olympic-anniversary-end-hurdles-saudi-women originally published at http://www.trust.org/ 387 Minky Worden, “On Olympic Anniversary, End Hurdles for Saudi Women,” May 10,2013,available at workplace-battle-continues-saudi-women. 386 Wilcke, Christoph. “Workplace Battle Continues for Saudi Women,” 22Aug. 2012,available at world/2012/August/First-Saudi-Female-Olympian-Finishes-Last-/. 385 “First Saudi Female Olympian Finishes Last,” Broadcasting Christian Network, 9Aug. 2012,http://www.cbn.com/cbnnews/ sportcheck-taboo-over-1.107154. 384 “Sportcheck: Taboo Over,” New Straits Times, 14July 2012,available at inmorediscussed below). detail 388 of allowing HRW officials into the tocountry promote fundraise and for its campaigns against Israel – government has not allowed HRW researchers back into since country 2006 (with exception the the and licensing the calling of asingle female trainee an legal “encouraging” reform.387 Notably, Saudi the atin sports private schools, subject to dress and codes segregation, as a “breakthrough” and “change” oftice promoting of façade the “reform” Kingdom, inthe hailing allowance the of girls to participate statements on segregation sex focused and guardianship the system. Similarly, HRW continued its prac- rights Kingdom. inthe Out of 25documents issued on Saudi Arabia afterthe Olympics, only six short Furthermore, since ending the of sporting event, the HRW went back to its sporadic on focus women’s workplacethe issues. actorsprimary directing intensive towards focus media Olympics the paying while scant attention to attention.”386 Wilcke apparently irony the missed of his own statement, since HRW was one of the lamenting that Olympics, the unlike “another battle attracted over women’s little outside rights has campaign, sports the Christoph Wilcke, an opinion penned piece on women Saudi inthe workforce, Ten days afterthe theclose of Olympics, HRW Saudi Arabia researcher theand mainpoint person on narrow “reform,” it which could leverage to deflect attentionfrom the continuing systematic abuse. of women’saspect lives inSaudi Arabia provided government the on atoken based with aPR victory ianship system and gender segregation. with full If anything, by focus the HRW on aless significant significant reforms for womenthe since Olympics concluded. Women livemust thestill under guard - hind Saudi male the delegates during opening the ceremonies.385 More importantly, there have no been athletes Both were required to wear clothing that complied with Sharia law and were forced- be to walk government, including accompaniment by guardian a male and a prohibition on “mixing” with men.384 , will matter, will ifsegregated even most.” (emphasis added) reforms for women--municipal voting, Olympics--a #Saudi greater work role, “Of new http://www.nst.com.my/sports/other/ http://www.hrw.org/news/2013/05/07/ http://www.hrw.org/news/2012/08/22/ http://www.hrw.org/ http://www. monitor.org/article/hrw_goes_to_saudi_arabia_to_demonize_israel_and_raise_money. 394 NGO Monitor, “HRW to Saudi Goes Arabia to Demonize Israel Money,” and Raise May 27,2009available at Co-chairs,” April 22,2013available at join Joel will Motley 2013,Elmasry 393 Starting as co-chair inOctober of HRW the board, “Human Rights Watch Names New Board org/news/2008/01/10/francesaudi-arabia-sarkozy-should-raise-human-rights-issues-saudi-arabia. 392 HRW, “France/Saudi Arabia: Sarkozy Should Human Raise Rights Issues inSaudi Arabia,” 11Jan. 2008available at articles/2011/03/23/libya-war-samantha-power-and-the-case-for-liberal-interventionism.html?cid=hp:mainpromo8. 391 Tara McKelvey, “Samantha Power’s for Case War on Libya.” The Daily Beast . 22Mar. available2011 at monitor.org/article/hrw_s_whitson_exploits_race_to_vilify_israel_bait_jewish_community. 390 NGO Monitor, “HRW’s Whitson Exploits to Vilify Race Israel, Bait Jewish Community,” April 20, 2011, 389 Mayer, supra Impact of Gulf Money on HRW’s Agenda? public figure. Hell From referredalso to her as “the genocide chick” in a reference to her Pulitzer prize-winning book, Obama foreign advisor (later policy appointed UNAmbassador), “stands out” “she’s because hot.” He 2011, Tom Malinowski, HRW’s Washington, D.C. director, was quoted as saying that Samantha Power, In aDaily Beast article discussing decision the by U.S. the government to intervene inLibya inMarch Roth’s tweet is not only the offensive highly comment made by an HRW inofficial relation to women. such policies. she ever castigated any other minority group Jews besides for supposedly failing to demonstrate against another U.S. minority ethnic group and blamed for them of policies the home their country, nor has as responsible being for Israeli government territory. inthe policies 390 Whitson out has never called tor Whitson regarding West Palestinians. Bank Whitson has evengone far so as to single out U.S. Jews invokedcasually accusations of apartheid and discrimination racial made by Roth and MENA direc- Roth’s of view blasé gender segregation inSaudi Arabia stands insharp relief to repeated yet false, one gets offensive aclear of sense truly the nature Roth’sof statement. Americans or other minority groups. If one replaces word the “women” with any other group, ethnic apartheid.”389 It is inconceivable that Roth would have made asimilar statement relating to African- funds for organization. the HRW held a“welcoming dinner” where Whitson encour and Elmasry International of Board Directors and MENA’s raise Advisory Committee, visited Saudi Arabia 394 to In May 2009,“senior members” of HRW, including Whitson and Hassan Elmasry,393 amember of the itself, is putting “business of ahead people’s deals human rights.” priorities and agenda setting, HRW’s commitment to moral andprinciples, ethical and HRW, whether elites. This financingplan raises numerous questions regarding the impact of suchfunding on HRW’s is that it appears to coincide strategy with by anew organization the to intensify fundraising from Gulf The mosttroubling of HRW’saspect soft approach the MENA to region, and Saudi Arabia in particular, about pursuing business in Saudi deals Arabia, HRW is apparently not bound by similar constraints. While HRW’s MENA division director issued astrong condemnation towards French President Sarkozy rights.” Whitson392 –Sarah Leah (January 2008) mistreats migrant workers. France shouldn’t put business of ahead people’s deals human abuses… Saudi Arabia represses dissidents, women and minorities, tortures prisoners, and shouldn’t stop President Sarkozy from out speaking about human its pervasive rights “Saudi Arabia’s regional importance and lucrative the foreign contracts available there .391 It is doubtful that Malinowski would make similarly degrading statements about a male note 123at 240. http://www.hrw.org/news/2013/04/22/human-rights-watch-names-new-board-co-chairs. http://www.thedailybeast.com/ available at http://www.ngo- http://www.ngo- http://www.hrw. A Problem -

SECOND CLASS RIGHTS PAGE 75 SECOND CLASS RIGHTS PAGE 76 Perspective,” Business Ethics Quarterly 2013,23(1),draft version available at Implications_and_Potential_Remedies; Yusuf M. Sidani and Jon Thornberry, “Nepotismthe in Arab World: An Institutional Theory of Business Ethics, 2010,91(1):35-49 available at 401 Yusuf Sidani and John Thornberry,“The Current Arab WorkEthic: Antecedents, Implications, and Potential Remedies,” Journal 400 Id. 399 Id. com/international/archive/2009/07/fundraising-corruption-at-human-rights-watch/21345/. 398 JeffreyGoldberg, “FundraisingCorruption at HumanRights Watch.” The Atlantic article/SB124528343805525561.html. 397 David “Human Bernstein, Rights Watch to Saudi Goes Arabia,” The Street Journal Wall 396 Nasser Salti, “HRW lauded for work inGaza,” 26May 2009,Arab News http://www.arabnews.com/node/324566. home.php. 395 “Al-Hejailan ConsultantsCompany,” -The available at In correspondence with Ken Goldberg, Roth admitted that members of Saudi the government had attendedwho dinner the and would donating be money to HRW –from government. the 401 against her. In aauthoritarian like Saudi society Arabia, it is impossible to separate regime elites –those not, some Arabs in human believe rights too.” Whitson to failed grasp main the point of criticism the livethey inatotalitarian country, must they people too.” bad be 400 She concluded, shrilly it “Believe or ing about “misconception the that efforts to raise support among Saudis arebecause, unseemly well, if dependent verification of her claims impossible. Moreover, Whitson’s created a strawman by complain- HRW to refused or release video awritten transcript of Whitson’s presentation and remarks, making in- justice system and lack the of women’s rights, as well as our work region, inthe including Israel.”399 Yet, spendmuchdid indeed of inseriousdiscussion time the about Saudi violations, including its troubled Whitson responded to exposure the of dinner the defensive with ahighly statement claiming that “we to dominate world the politically, culturally and economically.”398 …InSemitism much of Arab the world, ‘pro-Israel pressure group’ suggests conspiracy aglobal by Jews crossing its borders, and religious whose leadership often propagates expressionsthe crudest of anti- apparently “trafficked ina toxic stereotypeabout thatJews ina country bans most Jews from even flowthe funds,of if you don’t‘behave.’” Journalist JeffreyGoldberg commented397 also that Whitson emanating from a brutal dictatorship leaves you vulnerable to that brutal dictatorship later cutting off manifold human rights violations, and without apparent concern that becoming dependent on funds how money the to fight is needed ‘pro-Israel forces,’without the felt to discuss need any the Saudis’of about raising funds among elite the of one of most the totalitarian nations with on a pitch earth, about scathing commentary in a After NGO Monitortrip,the George exposed Mason University a ProfessorBernstein issued David sending donations.”396 As on aresult, “businessmen called Masry El inSaudi Arabia and Arab the world to support HRW by financial crisis global theand work on Israel whichand depleted Gaza, HRW’s budget forthe region.” majorthe reason forgroup Saudi the seeking funding: “The is facing a shortage becausefunds of the of discrimination and lack the of freedoms, political Whitson cited HRW’s and Elmasry on focus Israel as onfocus systematic abuses against women and other violations Saudi inthe regime, including religious of Transportation, of Higher Ministry Education, and Saudi the Fund for Development. than395 Rather of Defense & Aviation,Ministry of Interior, Ministry National the Guard, of Health, Ministry Ministry that firm the to government,providesservices including projects forof Ministry WaterElectricity, & bin Jameel Al-Hejailan, apparently connected to Al-Hejailan Consultants, aleading Saudi engineering aged “prominent members of to Saudi financetheir society” work. The dinner was hosted by Emad Wall Journal Street http://www.academia.edu/187669/The_Current_Arab_Work_Ethic_Antecedents_ http://www.alhejailan-consultants.com/aboutus.asp; http://www.hejailan.com/ op-ed, noting that HRW officials “see nothing unseemly http://www.pdcnet.org/pdfs/forthcoming/BEQ23-1_1.pdf. , 15July 2009available at 15July 2009available at http://www.theatlantic. http://online.wsj.com/ 406 Elie Mystal,406 Elie “Freshfield’s Affiliated Counsel in Saudi Arabia Recruitmenta Makes Mistake.” Above the Law Saudi funding, NGO the removed donor information from its website. 405 It difficult to is also verify HRW’sclaims because following concerns raised by NGO Monitor regarding indirect government and 404 Id. supra403 Goldberg, connect/ShuraEn/internet/Historical+BG/. 402 ”Majlis Ash-Shura -Historical Background.” Kingdom of Saudi Arabia government available at In 2010, HRW December launched Committee its Beirut and marked event the with a fundraising In addition to Saudi seeking funding, HRW soliciting has been donations inLebanon and Kuwait. organization moral pause. built on a foundation of systematic religious discrimination and gender segregation did not give the Southlaw the linked to firm African apartheid regime. Yet, apparently, intimateties to aSaudi regime partment. It is inconceivable that HRW would have appointed to its board member the of an all-white by board, amember being of he advisory clearly the has ability the the to MENA in influencepolicy de- woman appears Al-Heijelan’s to be daughter. 409 It is unknown ifAl-Heijelan has donated to HRW, but barred from obtaining alicense to until practise [Saudi] law changes.”408 It is notable that one this As pointed out by acommentator Guardian inthe women applying for position the would most likely excluded, be though that was not explicitly stated. retraction, Al-Heijelan invoked his position with HRW in order to exonerate himself.407 Of course, Continent.” Al-Heijelan and Freshfields were forced to apologize forthe discriminatory ad. In his Anglo-Saxon we mean of Caucasian ethnicity as opposedto lawyers from MENA the or Asian Sub- liberately an seeking “Anglo-Saxon” attorney to406 The join firm’s firm. the explainednotice that “By Bruckhaus Deringer, was involved inacontroversy it in2009when sent out arecruitment notice de- gime, to its Mideast Advisory Board, Hiswhich is firm, affiliated firm theUK with of Freshfields HRW appointed also Al-Heijelan, Salah aprominent Saudi lawyer with apparent to Saudi ties the re- including Whitson, were forced to comply with extreme Saudi female dress during codes meeting. the segregated,ian.the The did sex whether dinner notalso was NGO disclose and if attending women, fundraising dinner, and if so, able they without whether to do so accompaniedbeing by guard a male - In responding to criticism, HRW Saudi never whether revealed also women were allowed to attend the donations from Oxfam Novib, inturn which is largely by funded Dutch the government.405 rectly. We never have.” Yet, HRW accepted has infact indirect government funds at including times, claimedalso that “we don’t or seek accept government money from any government, directly or indi- that pitch telling –is inpart about liesand the obfuscation that are inevitably thrown our way.” 404 He lobby standard Our se. per spiel our is work to describe region. inthe Telling Israel the of –part story Whitson’s raising of specter the aJewish conspiracy, stating that “It wasn’t apitch against Israel the “not sure you’d whether consider government them or not.” reluctantly403 Roth also to defend tried responsible for draftinglaws and advisingthe King policy,on 402 but, claimed Roth weakly that he was attended dinner, the including amember of regime’s the Shura ruling Council. The ShuraCouncil is 409 Id. at 408 Laura Paddison, “Can Law Firms with Officesin Saudi ArabiaTake Women’sGuardian Seriously?” The Rights 407 Id. http://abovethelaw.com/2009/06/freshfieldss-affiliated-counsel-in-saudi-arabia-makes-a-recruitment-mistake/ . . http://www.guardian.co.uk/law/2012/oct/23/law-firms-saudi-arabia-womens-rights note 398. (UK), the firm’s (UK),the “only consultant legal female is http://www.shura.gov.sa/wps/wcm/ , 16June 2009,available at , 23 Oct. 2012, available, 23Oct.

SECOND CLASS RIGHTS PAGE 77 SECOND CLASS RIGHTS PAGE 78 least five families the 1996 of Abu Salim riotprison their wayon fromBenghazievent the to and denied Moreover, according to aWikileaks cable about press the conference, Libyan authorities “detained at was cut short by government agents and in“pandemonium.” ended 415 in an entirely positive light. An Times articleinthe ,” i l o ip Tr under auspices the of al-Islam and Qaddafi the Foundation. secondIn a op-ed, “Postcardfrom… Muammar Qaddafi’sson Saifal-Islam. 12,2009,HRWDecember On held conference a news Libya, in supposed human rights “reforms” and place country inthe taking attributed improvements these to 415 “Hardliners as Gaddafi’s break up rights meeting son tries to bring in reforms,” Times news/2010/02/11/postcard-fromtripoli, originally published in http://fpif.org/postcard_fromtripoli/. Whitson,414 Sarah Leah “Postcard from…Tripoli,” Foreign Policy in Focus, February 11,2010 available at tripoli_spring. Whitson,413 Sarah Leah “Tripoli Spring.” Policy Foreign 412 AHDR 2005, supra 411 HRW, “CONSULTANT, KUWAIT,” available at org/news/2010/12/06/lebanon-human-rights-watch-launches-first-middle-east-committee-beirut. 410 HRW, “Lebanon: Human Rights Watch Launches First Committee Middle East inBeirut,” 2010.available 6Dec. at regime, Whitson authored an op-ed published in example. as a primary Libya serves In 2009, two years before uprising the and overthrow of Qaddafi the continue to occur, yet of because HRW’s endorsement, become much they harder to combat. heralds such proclamations, giving much-desired credibility and PR to abusive regimes. Violations pressive status quo.” 412 thanRather approach announcements these with skepticism and caution, HRW governance,” but typically, reforms these are simply “to afaçade cover up continuation the of an op- As mentioned, MENA governments often announce “a host of reformstargeting freedom and good Libya power and influence, as the well as to abusivepreserve status quo? co-opt institutions like HRW inorder to garner much desired credibility, and to maintain political their Is HRW reporting now tailored inorder to attract other wealthy Gulf elites? Are elites these to seeking impactfunding its will agenda setting and current work, with regards particularly to women’s rights. HRW is soliciting funds from to with ties oppressive close those regimes region inthe and how this obtained and fromfundraising whom. These new efforts significantraise questions regarding whether available donor information from its website. It is unknown therefore, how much money has been Following concerns aftermath inthe raised the Saudiof funding controversy, HRW removed previously Director to advance plans for strengthening HRW’s presence local and support networks inKuwait.” current donors and develop commitment their to HRW and with MENA the partner Development prospects, existing donors and Kuwait at Council Large Members”; and “Propose astrategy to maintain general support funds from donors inKuwait”; “Research, identify, and cultivate, solicit new service including laying “the groundwork for a Kuwait of base financial support solicitingby majorgifts and Dinner.” 411 The responsibilityprimary positionthe of bolsteris to HRW’sfundraising efforts in Kuwait, Development and Outreach Consultant to facilitate events leading up to and including Kuwait Annual the dinner.410 In May 2013,HRW an posted advertisement applicants seeking “for position the of Kuwait timesonline.co.uk/tol/news/world/africa/article6955289.ece. 414 published inForeign Policy in Focus inFebruary 2010,Whitson spun her trip and event the note 20at 27. http://www.hrw.org/employment/2013/05/09/consultant-kuwait. . May 27,2009available at Foreign Policy Foreign (UK)noted, however that press the conference , “Tripoli Spring.”413 The article praised http://www.foreignpolicy.com/articles/2009/05/26/ , December 14,2009available, December at http://www.hrw.org/en/ http://www.hrw. http://www. 419 Freedom House, “Libya,” 2013, available at libya%E2%80%99s-son/. 418 Michael J. Totten, “Libya’s Son.” Magazine, Commentary 30Jan. 2008available at education/universityeducation/8918975/LSE-to-be-criticised-over-1.5m-Libya-donation.html. Graeme Patonsee “LSE over criticised to be £1.5m Libya Telegraph donation,” The was engulfed it inascandal,when was that revealed it had awarded aPhD to Saif al-Islam inexchange for alarge donation to school; the at able press. McConnell Dugald and See Brian Todd, “Gadhafipaid millions to U.S. firms polishimage,” to global his CNN, 7,2011avail April governmentbeginning in2006, officials.trips, These positiveresulted in articles about the Qaddafi the and country in regime the Western his image.payments These Boston included hiring a consultinggroup to organizepaidtrips Libyato tank for think analysts and former 417 These questions are notwithout foundation. According Qaddafispentto news reports, millions on anextensive PR effort to bolster co.uk/news/wikileaks-files/libya-wikileaks/8294704/HRW-RELEASES-REPORT-FROM-TRIPOLI-AT-LIVELY-MEETING.html. 416 Wikileaks. “HRW from Report Tripoli Releases at Telegraph Lively Meeting.” The brother Mohamed issued ascathing critique of how HRW and Amnesty approached his brother’s case: prominent dissident, in2009after died who fiveyears confinementsolitary of andtorture. Eljahmi’s by al-Qadhafi’sson, Saifal-Islam.” Even419 more upsetting of was case the Fathi Eljahmi, Libya’s most outlets inmid-2009with nationalization the of group, Al-Ghad media was which established in2007 of a supposed increase expression, in free remarking that “regime the hardened its monopoly on media himselfhe off passes as moderate.”418 Freedom contradicted also House Whitson’s and HRW’s praise may sincerely he’s believe areformer, but at look aclose his own statements proves that he’s lying when that he wants that to export system to as many countries as possible. Gullible diplomats and journalists Saif al-Islam committedtered that ideologically “is his to father’s preserving prison state system, and In contrast to reformer the image pushed by Whitson and HRW, journalist Michael Totten coun- reformer image, it is unknown ifhe promised adonation to HRW inexchange for help. this 417 thatrevealed al-Islam facilitated and visas meetings for HRW country. inthe Aside from promoting the mentioned that event this Saif al-Islam’s “helped solidify reputation as a‘reformer’.” In addition, it was but remained carefully within ‘red the lines’ that would cause significant offense.” Notably, the cable participants believed they were to adhere to expected a“script that exalted work the of Saif al-Islam debate audience inthe “appeared acarefully to be scripted piece of theater.” U.S. officialsstated that U.S. forces at Abu Ghraibhow prison. many described The documentfurther the exchangesof and by criticized when an audience member, that first it the had been organization to condemn abuses by increased of willingness the some public officials toacceptact criticism.”and on HRW emphasized, conferencebegan the by praising government, the “citing improvements on freedom of expression and for visas http://edition.cnn.com/2011/WORLD/africa/04/06/libya.gadhafi.image/index.html Similarly,Londonthe School Economicsof The organization is actively menacing my brother’s family.Some family members continue and Development, by is which headed Libyan the leader’s son, Saif al-Islam, as a ‘spring.’ Libya, efforts where shethe described Gaddafiby Foundation for International Charities before he wasto rushed Jordan. She wrote an article for Whitsontion. Sarah Leah is one of Human the Rights Watch researchers last who saw Fathi searchers inmarquee human rights organizations are vulnerable to regime’s the manipula- Libyan regime responsible for Fathi’s has shown death…Experience me that re country - Rights Watch didn’t for call an independent investigation and stopped short of holding the Perhaps fear still antagonizing they because Gaddafi,their in May 21 statement Human Fathi’s feared they workers because case case their might access to lose Libyan visas… Amnesty InternationalBoth and Human Rights Watch hesitated to advocate publicly for Washington Post and and New York Times http://freedomhouse.org/template.cfm?page=22&year=2010&country=7862. journalists to attend.”416 Thecable notedalso that HRW Foreign Policy Foreign , 27Nov 2011available at http://www.telegraph.co.uk/ http://www.commentarymagazine.com/2008/01/30/ , 31Jan. 2011available at upon her return from http://www.telegraph. -

SECOND CLASS RIGHTS PAGE 79 SECOND CLASS RIGHTS PAGE 80 428 http://www.tawtheeq.ps/en/home.php? letter-hamas-minister-interior. 427 HRW, “Letter to Hamas Minister of Interior,” May 24,2010available at gagement. 16 March 2011available at 426 David Held. “Dealing with Saif Gaddafi: naivety, complicity cautiousor engagement?” higher-educations-dirty-little-secret. tonpost.com/arvind-ganesan/higher-educations-dirty-l_b_836552.html and on HRW at http://www.hrw.org/news/2011/03/16/ Ganesan, March425 Arvind 16,2011.Higher Education’s LittlePost The Huffington Secret, Dirty libya-new-era-needs-focus-rights. 424 “Libya: New EraNeeds Focus on Rights,” 20,2011 available October at la-oe-whitson-libya-20110224 and on HRW at http://www.hrw.org/news/2011/02/24/libya-oust-tyrant. 423 Whitson, “Libya: Sarah Leah. To Oust aTyrant.” 24Feb. Times 2011LA hold-gadhafi-accountable-atrocities com/2011/OPINION/02/22/abrahams.libya.gadhafi/ and on HRW website at http://www.hrw.org/news/2011/02/22/ 422 Fred Abrahams, “Hold Gadhafi Accountable for Atrocities” 22,2011.CNNavailableFebruary at 20, 2011available at 421 David D. Kirkpatrick and Mona El-Naggar, “Qaddafi’sSon Warns of Civil WarLibyan as Protests Widen,” New York Times com/2009/06/15/fathi-eljahmi-libya-opinions-contributors-human-rights.html. 420 Mohamed Eljahmi, “Don’t My Let Brother’s In Vain.” Death Be Forbes Magazine, 16June 2009available at listen to all parties directly so she will prepare she directlylisten so will parties to all more objective and impartial reports.”428 Whitson also Gaza’s central prison. Yet, according to Hamas, Whitson assured al-Ghoul that she was visiting Gaza “to Hamas officials.427 The ostensible of visit her purpose was to requestpermission visitto detainees in Hamas Minister of Justice Faraj al-Ghoul and other2010, Whitson traveled to Gazaand met with QaddafiThe regime was thenot only repressive government courted by HRW and Whitson. In May a “Tripoli Spring.”426 of view Saif al-Islampartially attributed his as areformer to Whitson’s his own people.”425 This is despitethat the fact David Co-DirectorHeld, of LSEGovernance, Global had stated that “the London of School Economics didnot until act Saif al-Islam’s father literally began to kill ing “Abusive and corrupt officials their or families to launder their images in exchange for money,” .” and s ar e y well as lucrative business opportunities, tempered criticism their of his human rights record in recent “western governments’ apparent eagerness to embrace Gaddafi for his support on counterterrorism, as (LSE), for al-Islam dealings their and Qaddafi the regime. In October an press HRW wrote thatrelease, Shockingly, HRW governments criticized and organizations, including London the of School Economics did she apologize for her earlier central role inpromoting himas areformer.423 agenda long before past the week’s demonstrations.” Yet, Whitson had never made claim this before nor .” on s to murder its own citizens, HRW’s Fred Abrahams referred to Saif al-Islam as “the reformer so-called slowly back its walk claims of “reform.” 22, 2011, afterQaddafithe began regime Only on February television and vowing to fight “untilthelast man,thelast woman,thelast bullet,”421 HRW beganto As uprising the inLibya beganto unfold with increasing brutality and with al-Islam appearing on state 422 Two days later, Whitson denounced al-Islam, “Seif Islam abandoned infact his nascent reform lance and threats of rape and physical liquidation.420 to endure interrogation, of denial citizenship papers and passports, round- clock the surveil 424 HRW’s Business and Human Rights Ganesan condemned the Director Arvind LSE for allow- http://www.nytimes.com/2011/02/21/world/africa/21libya.html?pagewanted=all&_r=0. http://www.opendemocracy.net/david-held/dealing-with-saif-gaddafi-naivety-complicity-or-cautious-en-

available at http://articles.latimes.com/2011/feb/24/opinion/ http://www.hrw.org/en/news/2010/05/24/ Foreign Policy Foreign http://www.hrw.org/news/2011/10/20/

available at articledeclaring http://www.huffing- http://edition.cnn. http://www.forbes. , February ing terrorism, regional stability and diffusion of conflict with Israel,oil, and stemming migration to Western interests.” interests,436 These identified by asRoth fear risethe of of another Iran, combat- West the Africa, content seemed to back an array of Arab autocrats, long so inturn supported as they feared, hemmed in,controlled. In other regions, spread, democracy but and Middle inthe East North for instance, that “until recently Western governments frequently as Arab ifthe acted people were to be responsibleholding policy this for dismal state the of human rights MENA inthe region. Roth claimed articlewas50), the largely an attack on Western foreign and its policy relationship with Arab the world, Shetty’sSpring. Salil General Similar to Amnesty Secretary essay inthat NGO’s annual page report (see For introduction the of HRW’s 2012 World435 Ken Report, a6,500word Roth penned essay on Arab the ignored coming the impact of uprisings the on women’s rights. power beganto seize as they across region. the Most importantly, downplayed they and, insome cases, regimes, presenting areformist to façade developments, the and engaged inapologetics for Islamists the issues. Moreover, as Arab the Spring unfolded, HRW continued its pattern of soft-peddling abusive region Appendix (see 1).It is unclear to what extent HRW maintain will on focus any of specific these remained intermittent, and statements these remain percentage asmall of total reporting MENA inthe May 2013433and has paid greater attention to child marriage inYemen.434 However, coverage the has sues during and afterthe Arab Spring. Notably,the NGO issued a report on women’srights Libya in in Compared to its record from 1995-2010, HRW increased to some degree its reporting on women’s is- The Arab Spring 436 Id. 435 HRW, “World 2012”available Report at 434 HRW, “Yemen: Marriage,” End Child 11September 2013,available at revolution-all. 433 HRW, “A Revolution for Women’s All: Rights New inthe Libya,” 27May 2013,available at Appointed PM.” Lebanese News, BBC 25Jan. 2011.available at www.guardian.co.uk/world/2011/jan/24/hezbollah-backed-candidate-lebanon-pm; Connolly, Kevin. “Hezbollah-backed Najib Mikati 432 Martin Chulov. “Hezbollah-backed Candidate Poised Lebanon to Become PM.”Guardian The html. 431 Amin Saikal, “Lebanon: Hezbollah’s Political Triumph.” 28 The Drum, Jan. 2011available at 430 Id. 429 “Lost inconfessionalism? 5,2010available “December at governmentthe and its candidate Prime new the Minister became of Lebanon.432 Minister Rafik in2005.431AsHariri aresult, inJanuary terrorist 2011,the organization took control of order to block aUNinvestigation that was likely to implicate Hezbollah death inthe of former Prime ism.430 Just afew weeks after Whitson’s remarks, broughtHezbollah downLebanese the government in to implement will political change, and problems the created by country’s the confessional political - “lack of effectual and accountablestate institutions,”Specifically, he condemned the the absence of Houry characterized Lebanon as having a“failing formula,” preventing human rights reform.429 praised “the sophistication Lebanese for human rights.” In contrast, HRW Lebanon Director Nadim statuspersonal laws for women and systematic discrimination against Palestinian refugees, Whitson Whitson, gathered to human discuss rights reform country. inthe Despite continued the repressive In Lebanon at end the of November 2010, HRW staff and international committee members, including and Israeli allege violations of international law. promised terrorist the organization’s officials that HRW’s next report tacklewould settlements Israeli at 1. http://www.hrw.org/sites/default/files/reports/wr2012.pdf. https://now.mmedia.me/lb/en/reportsfeatures/lost_in_confessionalism. http://www.bbc.co.uk/news/world-middle-east-12273178. http://www.hrw.org/news/2013/09/10/yemen-end-child-marriage. http://www.hrw.org/reports/2013/05/27/ http://www.abc.net.au/unleashed/43298. , 24Jan. 2011available at .http://

SECOND CLASS RIGHTS PAGE 81 SECOND CLASS RIGHTS PAGE 82 440 Id. 439 Id. 438 Id. 437 Id. partment, Goldstein, Eric evenwrote inJanuary 2011 that activists in Tunisia telling had himfor been ists and commentators political predicted had indeed uprisings. the Her own deputy MENA inthe de - uprisings and that predicted nobody She them. madestatement this despite that fact the many- journal presentation inToronto Whitson page 57),Sarah Leah (see told her audience she was “shocked” by the Remarks made by other senior HRW officials appeared similarly out of touch. September the In 2011 parties: Roth ends his essay recommending engagement with Islamists, presenting apollyannish of view these broad governing coalition and rights respecting the of Tunisians” all have not borne out. been 439 inTunisia party Ennhada “promising” has been of because its “encouraging pledges about building a ofas part strategy to their obtain power once established the regimes fell. His claims that of rise the the in stark contrast to reality, the that particularly Islamist the maintained purposely parties alow profile as a sparkin evidence or sustaining force for uprisings; the it emerged mainly later.” stands438 Thisview most feared by West the lay last this behind year’s outburst of popular protest. Political Islam was little He naively then understates role the of Islamists Arab inthe upheavals: “Ironically, none of forces the impact of Islamist power on women’s rights and other freedoms: movementsthese For pose. example, his mentionsole of women long in the essay is to brush aside the and Salafist movements, and downplayeddanger real theand very to democracy humanrights that HRW approach towards treatment the of women, Roth painted inaccurate awildly picture of Islamist The most disturbing part Roth’sof essay, however, was hisviews regardingpolitical Islam.theLike highlighted are not matters of legitimate concern. Europe, are as scorned ifgovernments having and promoting interests are wrong and as issues ifthe at 13. at 10. at 6. at 4. political orpolitical religious complexion.440 ments merit rights, basic respect they presumptive international support, regardless of their Islam standing while against firm repression in its name.So longfreely as governelected - Nahdha Party, espouse. It is important to nurture rights-respecting the elements of political gressive interpretation of Islam that leaders such Ghannouchi, as Rashid of head Tunisia’s illustrated of restrictive the by views between some gulf wide Salafists the theand more pro- cratic principles … Embracing Islam political not need mean human rejecting rights, as religious of ethos many people region. inthe Ignoring that popularity would violate demo- counterparts did not share, and Islam political because in part the reflects conservative and Islamists because in part enjoyed organizational advantages that long-repressed secular programsing themselves from service state, corruptthrough the social and self-serving resents amajority preference. .Islamist jobof generally didagood parties distinguish- internationalthe community must come also to terms with Islam political it when rep- forrespect rights, Western governments have oftentreated them as untouchable.437 monolithic or implacably opposedto rights. Yet rather than engage with to them demand of autocratic the regimes that West the props up. Moreover, Islamic movements are hardly rights of women and restrict religious, personal, and freedoms. political But have so many Many Islamic have parties embraced indeed disturbing positions that would subjugate the 446 Minky Worden, ed. The Revolution:Unfinished Voices from Fightthe Global for Women’sSeven Rights, 2012. Stories Press. at able 445 Minky Worden, “Arab Spring and Women’s Rights.” Interview by Jayshree Bajoria. on Council Foreign Relations, 8Mar. 2012.avail 444 “World 2012”supra Report tunisia/experts-weekly-jan14-one-year. 443 James Schneider, Weekly: “Experts Jan14 One Year On.” Press, Africa Think 16 Jan. 2012,available at instituted to increase presence Arab inthe worldbecausethe organization specifically didn’t have a strong presencethere. 442 The claims of countriespresencethese in difficultalso square to is with HRW’s Challenge fundraising Global whichcampaign was Goldstein,441 Eric “A Middle Class Revolution.”, 19July 2011,available at power. As noted by Michael Totten, “Yet of viewpoints grimmest eventhis grim [on Arab the Spring] ger of how women might treated be once old the regimes were ousted and governments new assumed claims of eraof anew rights events Middle inthe East, preceding Arab the Spring were aclear harbin- andhistory politics of region the how and especially it would affect women.Despite the organization’s HRW’s approach to Arab the Spring reflected a also profoundlack of understanding surroundingthe History Ignoring negativethe impact of Islamists on women’s rights.446 context of her promoting an edited volume of essays released in2012that included pieces discussing any regard. in this evidence These statements thewere moreall bizarre becausethey were the made in Islamiststhe power taking region in the would to start suddenly support women’s rights given a lack of wouldparties now support women’s rights.445 It is entirely unclear on what basis Worden claimed that Another senior HRW official, Minky Worden, claimed “Therethat is some reason tohope” thatIslamist ings.” He claimed also that others, unlike HRW “understood background the uprisings.” to these 444 clamoring for are freedom, language the they talking of human are rights …these human rights upris- wall.” ofwitnessed since fall Berlin the He stated further that Arab inthe uprisings, “these people are Program Director Tom Porteous Tahrir the called Square protests “the most exhilarating I’ve experience Similarly, issued inavideo to coincide with release the of HRW’s 2012World HRW Report, Deputy heroic inthe succeed will have task they undertaken.”443 ance of ‘safe’ dictators. only Our role is to support efforts the peoplethe of of inthey hopes Africa North community has for longed too [sic]impeded change countries inthese by- choosing alli erstwhile the leadersareelected Islamist or secular, interms of protecting rights the of citizens …[t]he international and strengthened influence their the in Gulf, notably in Kuwait. She stated,“it shouldn’t mattertheir if power hadand seized inEgypt they Maghreb, the increasing their asserted influence in Syria’s war, civil In Whitson fact, persisted inher motif of denying negative the impact of Islamists, evenin2012after aside by HRW infavor of reporting on 2009GazaWar the and other armed conflicts. uprisings on women, didWhitson admit that reporting on women’s issues were consistently pushed rights at during all It her speech. was only after she was asked theduring Q&A aboutthe impact the of to same dothe poised inTunisia and Libya. It notable is also that Whitson made no mention of women’s She comments made these evenafterthe Muslim Brotherhood had gained control in andEgypt was marks inhis World introduction, Report was that “the one thing Arab [the Spring] isn’t about is Islam.” more the all surprising. 442 Another strange claim, made by Whitson at event, the and echoing Roth’s re- andEgypt, Yemen “for years.” Her failure to anticipate upheaval political the region inthe therefore is same the During presentation, Whitson claimed also that that HRW had apresence inTunisia, Libya, yearsseveral that revolt was imminent.441 He and Whitson apparently chose to ignore statements. these http://www.cfr.org/women/arab-spring-womens-rights/p27604. note 428. http://www.hrw.org/news/2011/01/19/middle-class-revolution. . http://thinkafricapress.com/ -

SECOND CLASS RIGHTS PAGE 83 SECOND CLASS RIGHTS PAGE 84 Social Research 69.3(2002):889-911, availableSocial at 452 Meredeth Turshen, “Algerian Women Liberation and inthe War: Civil the Struggle From Active Participants to Passive Victims?” supra 451 Al-Rahim, 450 Id. wilsoncenter.org/sites/default/files/Arab%20Awakening%20Marginalizing%20Women_0.pdf. http://www.ekurd.net/mismas/articles/misc2011/12/govt1874.htm; Wilson Center Program, Middle East 2012available at e.g., Joel449 See Wing, “How Iraq’s Religious Parties Attempted To Power Seize In The Post-Invasion Vacuum” 12 Feb.2011, available at ter.org/sites/default/files/Arab%20Awakening%20Marginalizing%20Women_0.pdf. “Iraq:448 Rend Al-Rahim, Frustrated Expectations” Wilson Center Program, Middle East 2012at 18available at org/article/arab-spring-or-islamist-winter. 447 Michael J. Totten “Arab Spring or Islamist Winter?” World Affairs (2012): Jan.-Feb. 2012 uprisings ’spring’…when ameaningful to Middle inthe East be women countries inthose are allowed Spring’…Only repressive when governments are replaced by can democracies we consider popular the “A Warning for Women of Arab the Spring,” with asharp caution, “I donot agree with phrase the ‘Arab enactmentthe of numerous discriminatory laws against women.” her article, begins Ebadi aptly titled noting, “Before revolution, the women’s rights were to recognized some extent. But revolution the to led what happened to us.” She likened developments the to inEgypt events afterthe 1979 revolution in Iran, where people have against risen dictatorships and overthrown reflect fromand will learn they them, Referring to Iran, human rights cautioned activist Shirin Ebadi that “I hope that Arab inthe countries antagonize them. reconciliation agreement, government the resumed of its appeasing policy Islamist as not so to parties of killing the women and were girls who not wearing hijab. the and During following war civil the and segregationsex and limits on ability the of women to work. A1994fatwa issued by FISallowed the for afterthe governmentsecondcancelledthe round of elections in1992(leading the war),forto called The platform the FIS of Islamistparty, which wonthe 1991 elections but was unable to assumepower thatcodes mimicked strictures the of Sharia law were adopted, severely women’s curtailing freedom. 452 promises with Islamist and parties resulting the war civil factions with during those 1990s.Family the dramatically changed for worse, the however, 1980s asin the a result beginning of governmental com- dence for and country the of gained amodicum rights afterthe conflict. The situation for women Similarly, women inAlgeria, wereactive war inthe with France very that ultimately to- led indepen out of university.450 There aconcurrentalso was polygamy, in rise marriage,child and honor451 killings. were assassinated or targeted for assassination and women were forced to adopt Islamic dress and drop ing physical and psychological intimidation, exclusion, and discrimination, whereby women activists status laws infavor of form astricter of Sharia law.449 Legislative initiatives were coupled with increas- power, regarding particularly women’s already rights, the to seeking repeal discriminatory personal werecritics who gaining support. 448 Afterthe fall of Saddam Hussein, their Islamists to assert tried first Gulf War,Ba’aththe adoptedregime a more Islamist stance to maintain control and placate Islamic immediately arepressive imposed system of laws on women with disastrous results. In Iraq, afterthe oncially rights the of women. In Iran and Afghanistan, extremist Islamic regimes came to power and to more evaluate realistically impact the of Arab the Spring from ahuman and rights perspective - espe Iran, Afghanistan, Algeria, and Iraq provide all historical examples that HRW could have drawn upon anti-Communist revolutions in1989.Cairo is not Warsaw, and Tripoli is not Prague.”447 is more West than inthe reality-based that of starry-eyed the liken current who the turmoil to Europe’s note 448at 18. http://www.meredethturshen.com/www/pdf/SR%202002.pdf. available at http://www.worldaffairsjournal. http://www.wilsoncen- http://www.

458 Kenneth Roth, “Women and Islam: ADebate with Human Rights Watch.” New York Times www.theglobeandmail.com/news/world/turkeys-protests-fuelled-by-leaders-quest-to-restore-islam/article12585932/. 457 Patrick Martin, “Turkey’s Protests Fuelled by Leader’s Quest to Restore Islam.” The Globe and Mail.15 June 2013 www.worldaffairsjournal.org/article/erdogan%E2%80%99s-grand-vision-rise-and-decline. 456 Hillel Fradkin Libby. and Lewis “Erdogan’s Grand Vision: and Rise Decline.” World Affairs (2013) Mar.-Apr. 2013available at 455 Heideman and Youssef, supra world-report-2012/time-abandon-autocrats-and-embrace-rights 454 Kenneth to Roth, “Time Abandon Autocrats the and Embrace Rights”, World 2011available Report at article/SB10001424052970203370604577265840773370720.html 453 ShirinEbadi, “A Warning for Women of Arab the Spring.” The Street Journal Wall They also take issuealso with They his naive approach and his failurethe lessons to learn of history, an honorable task your which and essay necessary largely neglects.” They go on to note: ofhead an international human rights organization role whose is to report on human rights violations, Brotherhood and in Egypt Tunisia.458 Pointedly, group the admonished “you are not a state; you are the a dozen other women’s rights groups took Roth to task for to embrace his call Muslim elected newly the Roth and published New inthe York of Books Review , Sahgal’s Center Space for and more Secular than Sahgal, ousted the former of head Amnesty’s Unit. Gender In a February 9, 2012, letter addressed to The most hard-hitting critic of HRW’s andRoth’s Arab Spring however,views, was none than other Gita major protests erupted of citizens Erdogan’s rejecting throughout policies Turkey.457 including imprisoning journalists and blocking YouTube and other internet platforms.456 In June 2013, Tayyip Erdogan from Islamist-aligned the Justice and Development Party assumed power in2002, efforts to “Islamicize”the country theand concurrent freedoms in decrease since Prime Minister Recep stitutions according to now the sultanate defunct values.”455 Moreover, HRW overlooked increasing the republic asecular constitution,still with asecular whereas Islamists are attempting to amend con the - for adoption the of aTurkish postrevolutionary inthe model Arab world tend to forget that Turkey is flawed. highly is also analogy As noted journalistLebanese by BissaneEl-Cheikh, who preach“those government elected servative that has not Islam used as apretext to undermine rights.” basic 454 Yet, this “despitebecause its distinct history, it remains example a powerful of with a country a religiously con- Instead of examples, looking to these Roth and HRW cited Turkey as for model the MENA the region did not absorb lessons. these in tocivic life.”part take 453 A version of Ebadi’s article was even published in Worden’s yet HRW book, http://www.nybooks.com/blogs/nyrblog/2012/feb/23/women-islam-debate-human-rights-watch/. talists in the West, inthe talists you keep demanding that Western governments “engage.” looking at track record…But, their rather than examine record the of Muslim fundamen- Brotherhood has not inpower been forlong, we very can get some of idea what by to expect to mention choice the not to veil—are under threat. it that And while is Muslim true the result, it when is already clear that freedom of expression and freedom of religion—not It is simply not enough to good say we donot know what kind of Islamic law, ifany, will voice of an apologist, not asenior human rights advocate. that you mention only them once…Are we really going bar the to that set low? Thisthe is You, however, are unconcerned so with rights the of women, gays, and religious minorities note 132. , 14Mar. 2012available at Review of Books, 23Feb. of Books, Review 2012available at http://online.wsj.com/ http://www.hrw.org/ available at http:// http://

SECOND CLASS RIGHTS PAGE 85 SECOND CLASS RIGHTS PAGE 86 459 Id. 1980sandthe 90s,noted following: the Catherine Fitzpatrick, an astute commentator on controversy the and former employee at HRW during form positive those early into signals governing founded policies on for respect rights the of all.” stronglythem engage if they in abusive practices, but for now we are actively pressing to them trans- have proceeding been cautiously and making some encouraging statements. criticize we will Certainly approach towards Islamist regimes: “Brotherhood officials since winning the parliamentary elections The responsewith a closes reiteration of HRW’s strategy soft-peddlingof positivetakingabuses a and United Kingdom or Norway. likened role the also of religion inan Islamist regime to that of role the played by Christianity inthe epitomized Wilders by Geert of Dutch the Freedom Party, not a productive does seem approach.” They Islamophobia, “Promoting tolerance of women and gays by way of intolerance for Islam, an approach Missing entire the point of Sahgal’s letter, HRW group the accused of women’s rights NGOs of convinced to avoid such discrimination.”459 and added, “we would not possibility the reject that agovernment by guided Islam political might be a continuing lack of knowledge regarding region, the again they invoked of Turkey analogy false the Islampolitical that discriminate against women, gays and lesbians, and religious minorities.” Reflecting paper)in this that “Human Rights Watch has along of history standing up to governments founded on option is to accept results the of elections.” those also wronglyreplied They demonstrated (asbeen has and inEgypt, conservative pluralitycially asolid parties political inTunisia. didso sole The democratic and other minorities that comes of with rise Islamist the “a because parties majority solid voted for- so Graeme (Director Reid of LGBT the Division), brushed aside concerns regarding impact the on women In response, Roth, along with Whitson, Gerntholtz Liesl (Director of Women’s the Rights Division), and bombs as away of achieving power but remain still committed to systematic discrimination.” markinglanguage that “This is deployed sanitizeto movementsthat may have substituted elections for condemnfurther efforts They whitewash to Islamist regimes by referring them to as “moderate,” re- instead of endlessly bags.” balancing saddle the orthis that regime… human rights groups would do better to ‘go where violations the are’ ‘political’ of act picking and choosing and cases priorities, and engaging with or rejecting man rights. Yet politicized manner, inahighly it so does not recognizing essential the is thatEast itself it ashonest sole the sees arbiter of what constitutes compliance with hu- chief problem“The of HumanRights Watchthis in and other matters related the to Middle T 461 Id. 460 AHDR 2005,supra policy makers mightpolicy ignore issues that donot appear on reporting the agenda of HRW and Amnesty. Downplaying abuses and reforms magnifying undermine work the can also groups. of local Media and is fight the whole.” as a of Arabsocieties 461 an situation entangled politico-social by themselves, confirms which that the fight for women’s freedom Development report, “it liesbeyond power the and resources of women’s the movements to affect such have access to influential networks the or ability to lobbyglobally. As notedthe 2005 in Arab Human international NGOs to is success the critical of campaigns by smaller, more groups local that donot and HRWdamage incalculable can inflict grassrootson women’srights NGOs. Support powerful,by Another negative consequence is that failure the to strongly advocate on of behalf women by Amnesty and give governments these cover for attacks on rights. speech free attempts by MENA regimes to suppress criticism of violations of under guise the “respecting religion” and by failing out to speak against abuses for fear of “Islamophobic,” labeled being NGOs these bolster In addition, by analyzing abuses under arubric of Islamic law, by minimally addressing violations, that and actively legitimacy credibility. seek thatspecific regimes have exhibited hostility to women’s rightsthose haveauthoritarianserved regimes and HRW’s soft-peddling of abuses, excessive praising eventhe of most minor reforms, and support for rights are simply a“democratic façade” or of evidence “western imperialism.”460 Moreover, Amnesty’s to respond to critics. It their similarly supports proffered excuses by autocratic that regimes women’s of intensive campaigning regimes allows these to scrutiny escape and inoculates from them having to engage insustained campaigning on women’s rights, Amnesty and HRW dynamic. this feed Thelack disproportionatetheir coverage of armed conflict, counter-terror, and Western abuses, theirand failure abusive the between alence of policies governments their and of policies the Western By democracies. frameworks of UN, repressive the regimes often dominatethe agendas and promote an immoralequiv - This skewed prioritization negativeseveral has had consequences. For instance,politicizedwithinthe against women MENA inthe region and campaigning for end. their policy, and armed conflict. As a result, these NGOs assign less priority towards documenting abuses agenda drivers,mary such post-colonial as media, the ideology, issues related to detention, U.S. foreign Amnesty and HRW instead devote far greater attention to issues that within orbit the fall of pri their - istic, and rather weak, than sustained, comprehensive, and hard-hitting. rights advocacy, attention of organizations these to abuse the of women sporadic, has impression been - Watch, have women the failed of MENA the region. By prioritizing over politics and ideology human organizations claiming to uphold universal human rights, Amnesty International and Human Rights Yet, despite dismal situation, this asreport this has documented, two the largest and most powerful women, and have consequently, diminished capacity the of region the to develop. SECTION V: CONCLUSIONS & RECOMMENDATIONS: at 12. over women’s lives have contributed all to making MENA the region least the hospitable to cluding polygamy, child marriage, FGM,severe dress and codes, innumerable restrictions statuspersonal lack the of codes, education and rampant illiteracy, cultural practices in- nificant humanrights issue the MENAaffecting region. Repressive and discriminatory he lack of freedoms civil, political, and for social women is one of, ifnot most, the sig- note 20at 22.

SECOND CLASS RIGHTS PAGE 87 SECOND CLASS RIGHTS PAGE 88 462 Ramos, Ron462 Ramos, and Thoms, supra to blooming the of an Arab actual Spring. groupsthese could play agreater role inpromoting reform true for MENA the region, might which lead liticizing of human rights and ongoing the dilution of universality. their By prioritizing women’s rights, currentThe approach to women’srights by Amnesty and HRW has immorally contributedpo- the to money narrowtheir furthers agendas that bolster power the of authoritarian regimes. human rights universally inaccordance with organizations’ the mandates. Donors are not aware that Finally, Amnesty and HRW fail donors, their to also that promote used be money their expect who will ist cultures and authoritarian regimes that religion use to suppress women’s rights. benefit Western women; thatand East womenMiddle be must thesubject to strictures fundamentalof - and rights political as women Western inthe world; that tough the that advocacy donot they deserve shielded from tough criticism; that women are Middle inthe East not entitled to same the freedoms HRW impart message the that authoritarian regimes and supporters their cannot handle and must be international human rights norms universally and countries in equally all world, in the Amnesty and asMiddle strongly East have as they for issues facing West the is aform of racism. By failing to promote It argued be that can also failure the of Amnesty and HRW to advocate for women’s rights inthe that assessment. NGOs that promote a narrative of reform to attack and harass on those ground the disagree who with monitoring mechanisms inplace. Authoritarian regimes leverage can also praise the of powerful the andminimized ignored by international the community and fewer be thereoversight media, will and employed by Amnesty and HRW real iftheir problems activistsindanger: place can local also are actorsthese are more aware of most the pressing issues and most affected them. by The approach ternational NGOs can marginalize priorities the and concerns organizations, of local the even though toDue power, their influence, and resources,the agendas and priorities established thelarger by in- Amnesty and HRW most can be effective.462 portance. Yet, as noted by Ron, “away from media’s the central zone of interest” is where impact the of In other words, ifAmnesty and HRW are not covering it, it must not aproblem be of significant im- note 209at 399. 463 Id. following recommendations: NGO Monitor therefore on calls Amnesty International and Human Rights Watch to implement the RECOMMENDATIONS dards, not religious law. • side events. stressed by NGOs the session including at every inwritten submissions, oral statements, and of agenda the of international institutions like UN Human the Rights Council. It should be • for an end to reservations that protections effectively the nullify of convention. the for MENA all countries inadvance of The NGOs reviews. their should extensively campaign • laws.tory HRW must devote sustained to support energy efforts torepressive end these and- discrimina • dotowardsthey U.S. the and Israel. • change concretely has been demonstrated. should not offer premature or disproportionate praise for announcements these until actual • no historically respect for women’s rights. • on women’scacy rights MENA inthe region. • to them. service • at 131. Amnesty and HRW must evaluate violations on international based human rights stan- Amnesty and HRW must keep issue the of women’s rights MENA inthe region at top the Amnesty and HRW must engage CEDAW inthe process, including shadow filing reports Elimination of status personal lawsmovements. of goal is local aprimary 463 Amnesty and Amnesty and HRW must adopt same the hard-hitting approach towards MENA regimes as Amnesty and HRW should express healthy skepticism towards reforms. political They Amnesty and HRW must not promote regimes political and movements that have showed Amnesty and HRW must invest sufficient resources and for staffing reporting and advo - Amnesty and HRW must prioritize truly women’s rights issues, and not simply pay lip

SECOND CLASS RIGHTS PAGE 89 SECOND CLASS RIGHTS PAGE 90 International and Human Watch Rights for theMENA Region 1995-2012 Data on Total and Documents Women’s Issued Documents Rights by Amnesty Raw data is available at www.ngo-monitor.org in passing are not included. a paragraph women’s discusses or section rights issues. Documents that simply mention women’s rights 2) “Women” – Documents where main the of focus publication the is related to women’s rights, or where Human Rights Watch on respective their websites. 1) “All” –The total number of documents foreach as country classified by Amnesty International and The followingMethodology: charts presenttwo categories data:of SECTION VI: APPENDIX 1

SECOND CLASS RIGHTS PAGE 91 AMNESTY INTERNATIONAL

92 APPENDIX

93 HUMAN RIGHTS WATCH RIGHTS HUMAN

94 APPENDIX

95