Middle East / North Africa and the Millennium Development Goals ...

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Middle East / North Africa and the Millennium Development Goals Box 1 continued: Discrimination against women in the civil-status codes of Arab countries When it comes to actual guardianship for a child, however, the matter is different. In Egypt, for instance, married mothers are not allowed to travel abroad without their husband’s consent. Only the husband can apply for a passport for his children or register them for school. This may lead to major problems if the father e.g. works abroad or has ‘left’ his family. Under Algerian, Moroccan, and Tunisian law full child custody reverts to the mother only when the father has died. In Yemen, on the other hand, child custody is in this case transferred to the father’s closest male relation. Right to pass on nationality to children In nearly all MENA countries, a child inherits her / his father’s nationality. This means that women who are married to foreigners cannot pass on their nationality to their children, except in cases where children are born out of wedlock or the father is a stateless person. The only exception to this is Yemen. However, Jordan and Egypt are planning legislative reforms that would permit mothers to pass on their nationality to their children as well. The legal arrangements presently in place entail serious consequences for the children of foreign fathers. Sometimes they are refused official registration, classified as stateless persons, or refused cost-free admission to schools and universities or free access to health services or employment in the civil service. If such children travel abroad with their parents, they need a visa to return to their own country. Source: Abou-Habib (2003, 66 f.); Elsadda 2004; Schirrmacher (2004, 12–14); Würth (2004, 16–23). The provisions of customary law are not always and everywhere disadvantageous for women. In Algeria, for instance, there are tribes whose customary law accords to women far greater rights than they enjoy under national legislation or sharia (Würth 2004, 11). The problem is, instead, that women find it more difficult than men to enforce their claims under customary law. In many countries conflictmediation arrangements under customary-law are recognized by the government and judiciary, at least if they do not fundamentally contradict the spirit of national law. The problem herby is that women often lack adequate access to informal institutions of customary conflict mediation be- German Development Institute 67
68 Markus Loewe cause all these institutions are made up of men only (like e.g. the tribal councils of elders in Jordan). The situation is similar for national legislation and jurisdiction. In the end, it is national parliaments and governments that decide on how best to resolve the above-mentioned tensions between the constitutional principle of equal treatment and the inclusion in most constitutions in the region of a reference to šarī c a. These institutions must decide whether or not a law discriminates against women. At the same time, though, these institutions are composed wholly or chiefly of men. In Yemen, for instance, in 2001 this led to a situation in which a parliamentary committee introduced a bill which would have authorized the police to return back to their husbands wives that are living in separation. Conversely, the Jordanian parliament has for years now declined to stiffen penalties for the so-called honorkillings (Würth 2004, 13). Many courts are also dominated by men. This goes in particular for the civil-status courts of individual religious groups. It is true that only the minority religions (Christians, Jews, Druze) have civil-status courts of their own, while the official authorities are responsible for Muslims. But the members of these courts are as a rule appointed only after consultations with religious legal scholars and tend therefore to be made up of men only (Elsadda 2004; Schirrmacher 2004, 10 ff.). Finally, women’s access to the judiciary is also hampered by the latter’s lack of transparency. Many cases have become known of corruption and inequitable enforcement of legal norms and court decisions in numerous countries of the region. In addition, women wishing to file a legal suit find themselves faced with substantial bureaucratic obstacles. And seldom are there lawyers and legal assistant available to aid illiterate persons in filling out required forms. All this means that recourse to the law involves numerous uncertainties for anyone seeking it. However, the persons most in need of recourse to the law are women, since in matters of civil status men are, in cases of doubt, invariably in the stronger position – especially when it comes to questions of divorce (see Box 1). German Development Institute
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Middle East / North Africa and the
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Studies Deutsches Institut für Ent
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Foreword This study is the English
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Contents Abbreviations Executive Su
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Bibliography 163 List of Interview
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Figure 15: Trends in the implementa
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Table A15: Commitment of the govern
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GTZ Deutsche Gesellschaft für Tech
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UN HABITAT United Nations Human Set
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Markus Loewe ANND (Arab NGO Network
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Markus Loewe - (2003a): Länderberi
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Markus Loewe Clemens, M. / Ch. Kenn
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Markus Loewe Fues, T. (2005): Entwi
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Markus Loewe IMF / OECD / UN / Worl
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Markus Loewe - (2004d): Maßnahmen
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Markus Loewe Pogge, T. (2003): Ein
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Markus Loewe Schüler, D. / S. Klas
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Markus Loewe - (2004a): Human Devel
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Markus Loewe - (2004g): Kingdom of
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Markus Loewe Georg Schüller, Count
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Discussion Paper 16/2006 Brüntrup,
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