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Resolution 1873 (2012) Final version
Equality between women and men: a condition for the success of the Arab Spring
1. Following the uprisings and demonstrations
that have shaken a number of countries on the southern shore of
the Mediterranean since January 2011, a process of democratic transition
is currently under way. The Parliamentary Assembly believes that
this process can be successful only if equality between women and
men is placed as a cornerstone in the legislative and constitutional
foundations of the new institutions and if women are fully associated
in building and enforcing them.
2. There have been no major improvements in women’s lives since
the beginning of the Arab Spring one year ago. On the contrary,
the elections in Egypt and Tunisia have led to lower levels of women’s representation
in politics, while in the Moroccan Government there is only one
woman. The elections have also resulted in the victory of religion-inspired
parties, which has raised questions as regards the prospects of
a gender equality agenda. In Libya, women’s rights do not feature
amongst the priorities of the Transitional National Council.
3. Despite such developments, the Assembly believes that the
window of opportunity to strengthen equality between women and men
is still open in all the countries of the region. In particular,
it welcomes the positive steps taken by the authorities in Morocco
and Tunisia not only to keep a line of continuity with past acquis, but to go even further in
the promotion of women’s rights.
4. Thus, in Morocco, the new constitution guarantees the principle
of gender equality and the precedence of international human rights
instruments, to which Morocco has adhered, over national law. Morocco
and Tunisia introduced special safeguards aimed at boosting women’s
representation in their assemblies in the elections that took place
respectively in October and November 2011. Furthermore, both countries
have committed themselves to withdrawing all reservations to the
United Nations Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW).
5. These measures should inspire other countries in the region.
Moreover, to have a tangible impact on the status of women, they
should be followed by action to bring legislation into line with
international human rights standards, to ensure the effective and
consistent enforcement of the law and to remove the legal and practical obstacles
that limit women’s access to justice.
6. The evolution of law and policy can have a durable and effective
impact only if it is accompanied by an evolution of mentalities.
In the months to come, politicians, institutions, the media and
the education system should play a key role in removing the invisible
barriers which hamper women’s enjoyment of human rights.
7. The Assembly stands ready to contribute to building, also
in neighbouring countries on the southern shore of the Mediterranean,
an area of democratic stability sharing the same values and the
same commitment to pluralist democracy, human rights and the rule
of law, in a spirit of dialogue and mutual respect, based on the
conviction that human rights, of which women’s rights are an integral
part, are indivisible and universal. It recalls, in this regard,
that the status of partner for democracy creates a structured framework
of co-operation with parliaments of non-member states in neighbouring
regions wishing to benefit from the Assembly’s experience.
8. In the light of these considerations, the Assembly calls on
the authorities of all the countries of the region to:
8.1. make a clear and unequivocal
commitment to introduce reforms to enhance the status of women and
eradicate all forms of discrimination against them;
8.2. introduce, in the electoral legislation, specific measures
aimed at promoting women’s representation in elected public bodies,
at all levels, such as an appropriate quota of reserved seats or the
obligation to alternate women and men candidates as a condition
for the admissibility of electoral lists;
8.3. bring legislation in the area of marriage, family, inheritance
and personal status law into line with international human rights
standards, as set out in the CEDAW; and to ensure the application
of this convention in its entirety;
8.4. promote the full participation of women and women’s organisations
in public life;
8.5. introduce a specific legal framework to prevent and prosecute
all forms of violence against women, including domestic violence,
female genital mutilation, neglect of female children, so-called “honour”
crimes and sexual violence, and effectively punish offenders, and
ensure the implementation of this framework;
8.6. set up programmes and services to provide assistance to
women victims of violence and other victims of domestic violence;
8.7. promote women’s rights and gender equality in the authorities’
public discourse, with a view to creating a climate conducive to
the effective empowerment of women;
8.8. involve the media in promoting a culture of gender equality
and in combating gender-based stereotypes;
8.9. improve the legal training of members of the police and
the judiciary in the field of human rights, set up mechanisms to
monitor and ensure the consistent implementation of the law throughout
their territories, facilitate women’s access to legal advice and
representation and organise awareness-raising campaigns on women’s
rights;
8.10. guarantee the participation of women in the transitional
justice process as well as the prosecution of the acts of violence
suffered by women either during peaceful demonstrations or in situations
of armed conflict, irrespective of the perpetrators’ political allegiance;
8.11. organise training on gender equality for civil servants
and awareness-raising activities on gender equality for educators
and students, at all levels;
8.12. provide financial support to non-governmental organisations
working to promote women’s rights and involve them in drafting,
implementing, monitoring and evaluating all projects undertaken
in favour of women;
8.13. promote women’s access to education and introduce specific
measures aimed at reducing the illiteracy rate among women;
8.14. develop specific policies to improve the situation of
women in rural areas.
9. The Assembly calls on the countries of the region that will
shortly undergo a process of constitutional reform – Egypt, Libya
and Tunisia – to ensure that:
9.1. the
draft constitution is the product of an inclusive process and based
on the extensive consultation of all the stakeholders, including
civil society and human rights and women’s organisations;
9.2. the principle of gender equality is enshrined in the constitution
and reflected in the implementing legislation;
9.3. the constitution explicitly permits taking positive action
and introducing policies in order to promote equality between women
and men;
9.4. the constitution establishes the precedence of ratified
international human rights instruments over national law.
10. The Assembly calls on the authorities of Morocco to:
10.1. sign and ratify the Optional
Protocol to the CEDAW, which recognises the competence of the Committee
on the Elimination of Discrimination against Women to receive complaints
from individuals or groups;
10.2. initiate a public debate on abolishing polygamy;
10.3. set up, as a matter of urgency, the authority for parity
and the fight against all forms of discrimination foreseen in Article
19 of the constitution, and endow it with sufficient human and financial resources.
11. Recalling that Tunisia has been a pioneering country in the
region as far as gender equality is concerned, and has adopted far-reaching
measures such as the abolition of polygamy, the Assembly calls on
its authorities to:
11.1. continue
to place the enhancement of the status of women at the centre of
the reform effort;
11.2. take advantage, as a full member of the European Commission
for Democracy through Law (Venice Commission), of its expertise
in the field of democratic transition by means of consultation and exchanges
of views in the context of the drafting of the new constitution;
11.3. withdraw the general declaration regarding the interpretation
of the CEDAW;
11.4. reform the Personal Status Code so as to consider spouses
as joint heads of the household;
11.5. criminalise marital rape.
12. The Assembly calls on Morocco and Tunisia to:
12.1. finalise the process of withdrawal
of all the reservations to the CEDAW as soon as possible;
12.2. start without delay a process of legislative reform to
bring legislation fully into line with the CEDAW, if necessary relying
on the expertise of the Venice Commission, of which they are both members;
12.3. consider it as a political priority to tackle violence
against women, in particular by:
12.3.1. countering the idea
that domestic violence is a private matter and affirming that violence against
women should always be a matter of public interest;
12.3.2. ensuring that the police investigate all cases of violence
against women, even when the complaint is withdrawn;
12.3.3. organising campaigns to raise public awareness of violence
against women and to encourage victims to report all forms of such
abuse to the authorities;
12.3.4. collecting, on a regular basis, information, data and
statistics on domestic violence as well as on other forms of violence
against women, such as so-called “honour” crimes, neglect of female
children and forced marriages;
12.3.5. repealing the legal provision which enables the rapist
of a minor to avoid criminal prosecution if he marries the victim,
and ensuring that the fact that the victim is underage represents
an aggravating circumstance in the context of criminal proceedings;
12.3.6. considering acceding to the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210);
12.3.7. setting up co-operation activities with the Council of
Europe in this area.
13. The Assembly recalls that the Parliament of Morocco has held
the status of partner for democracy since June 2011 and it reiterates
its call on the National Constituent Assembly of Tunisia to consider
the prospects for parliamentary dialogue offered by the status of
partner for democracy with the Assembly. It extends a similar call
to the other countries of the region. Similarly, it invites the
authorities of the countries of the region, if they have not yet
done so, to consider joining the European Centre for Global Interdependence
and Solidarity (North-South Centre) and the Venice Commission.
14. The Assembly also draws the attention of the relevant authorities
of the countries of the Mediterranean southern shore to the importance
of the North-South Centre – of which Morocco is a member – as a
platform for co-operation linking governments, parliamentarians,
local and regional authorities and civil society. It invites them
in particular to support – and encourage active participation in–
the North-South women’s empowerment process, set up by the centre
in the framework of the follow-up to the conference Women as Agents
of Change in the South of the Mediterranean (Rome, 24-25 October
2011).