By Ada Jolly
Earlier this year in March Saudi Arabia’s confirmation as chair of the UN’s Commission on the Status of Women (CSW) sparked sweeping controversy. The CSW – which has a clear edict to advance women’s rights and strive for gender equality globally – saw the Saudi ambassador Abdulaziz Alwasil elected on the 27th of March after an unopposed bid.
The Saudi Track Record
“Saudi Arabia’s abysmal record when it comes to protecting and promoting the rights of women puts a spotlight on the vast gulf between the lived reality for women and girls in Saudi Arabia, and the aspirations of the Commission” said Amnesty International’s Deputy Director for Advocacy Sherine Tadros. Although the Saudi government hasn’t directly responded to criticisms from watchdog groups such as Human Rights Watch (HRW) and Amnesty International (Amnesty), they have boldly trumpeted what they cite as progress being made through their 2022 Personal Status Law. The legislation is based on Islamic Sharia Law and it provides guidance and clarification on the legal process for citizens to resolve personal status disputes such as divorce, property division, and child support.
However, this law in fact sows the seeds of gender-based discrimination in almost every aspect of daily life. In facets of family life such as marriage, divorce, inheritance, and child custody, the law codifies the nation’s failure to protect women, effectively arming men with carte blanche to dominate in their households especially as women are required to seek approval from male guardians to enter a marriage. The law also includes requirements for women to obey their husbands in a “reasonable manner” and states that a woman’s financial support from her husband is dependent on her “obedience”. Additionally, financial support can be revoked if a wife refuses to have sex, live in a marital home or travel with her husband without a “legitimate excuse”. This particular stipulation is strikingly aligned with definitions of forced prostitution and sexual slavery, forming a slippery slope towards what is effectively the legalisation of rape.
Aside from the 2022 Personal Status Law being flaunted by the Saudi government as some sort of honourable achievement for women, Amnesty’s report on the leaked draft of Saudi Arabia’s first penal code exposes other glaring violations of women’s rights. Particularly, Amnesty’s report highlights the immunity from prosecution awarded to perpetrators of ‘honour crimes’ (violent crimes committed with the intention of defending the ‘honour’ of a family). The idea of familial ‘honour’ is one that has its roots in history virtually everywhere, but in the current context ‘honour’ is predominantly weaponised to constrict women into the submissive norms assigned to them by the societies they live in. In reality, the defence of ‘honour’ is used as a tool to instill fear into the hearts of many women in conservative societies, allowing their male counterparts to get away with emotional and physical abuse. The leaked draft is also notably silent on the criminalisation of marital rape, leaving a gaping space to be exploited.
Watchdog Criticisms
Watchdogs such as Amnesty and HRW have called on Saudi Arabia to prove that they are not undeserving of their post by releasing all detained women’s rights defenders, abolishing male guardianship, and taking all other steps to eliminate gender inequality domestically. As Tadros points out, simply attaining a leadership role in the Commission doesn’t exempt Saudi Arabia from its failures, much less qualify the nation as an authority fit to lead development on an international stage.
Amongst other organisations, Amnesty and HRW have criticised the passive response of the Commission saying that to promote genuine progress it is imperative that Saudi authorities commit to undertaking action domestically. They must get rid of the male guardianship system and terminate their suppression of freedom of expression. This includes releasing all the citizens who have been incarcerated and held unjustly for using their voices, particularly on women’s rights issues for example, Manahel al-Otaibi who has been sentenced to 11 years in prison for violating the Saudi Anti-Cyber Crime Law. al-Otaibi’s violation was in fact when she tweeted to show her support for women’s rights and she posted a picture on Snapchat of herself in a mall without a traditional abaya. Yet she is not alone in her struggle as Amnesty reports countless other Saudi Arabian women have been sentenced to some of the longest prison sentences they have ever documented for merely expressing their beliefs.
The (Lack Of) International Response
Within the meeting of the CSW, there were no rival candidates and in typical fashion no dissent was expressed on the floor. The passive response could have been attributed, in part, to the fact that the previous holder of the position – the Philippines – was facing pressure from the Asian bloc to terminate its tenure early as its official membership of the CSW would be ending in 2024. Representing Amnesty International, Tadros also explains that a chairing position in the CSW holds significant sway over the agenda to be pursued by the commission, namely in planning, evaluating progress, and setting future targets for the organisation in its efforts to pursue development for women’s rights internationally.
Still, Human Rights Watch attempted to lobby other countries that are currently members of the CSW including the Netherlands, Japan, Switzerland and Portugal – nations that all have much better protections against gender inequality than Saudi Arabia. Louis Charbonneau, UN director at Human Rights Watch (HRW) said, “If they all raised a big enough stink, then it wouldn’t happen but everyone is just quiet. Someone could call a vote, and no one seems to want to do that either, which strikes me as ridiculous”. As they lobbied other nations to take a stand, Human Rights Watch declared that any nation which continues to support Saudi Arabia as chair for the CSW would “broadcast a lack of serious commitment to women’s rights.”
An Emerging Trend
Saudi Arabia’s appointment mirrors a recent and much more grave pattern of global regression in the field of women’s rights. In China, women’s rights have been repealed gradually and public announcements have told them to “uphold family values”. In the US, as Roe v Wade was overturned, 50 years of protection was rolled back and women’s constitutional right to abortion was removed.
In Afghanistan, the Taliban has returned to their practice of stoning women to death – publicly. The Taliban has also imposed severe restrictions on education and employment for women, destroying decades of efforts and progress prior to their rule. The appointment of Saudi Arabia is just another jarring reminder that gender equality is far from being achieved. It is also a confusing time when nations who previously prided themselves on the developments they have made in universalising women’s rights have chosen to remain mute in arenas where they have influence to help others.
All in all, the Saudi Arabian appointment as chair of the CSW forces people to question the integrity of the CSW as an organ for the genuine development of women’s rights. True change can only be achieved through dismantling the repressive systems we turn a blind eye to. Thanks to the inaction of CSW member states, women everywhere ask: even if gender equality is achieved, how long will it last?