The Realization of Gender Equality in Somalia

[KyrieJama]

The terms ‘Gender’ and ‘Equality’ are often contentious. Therefore it is often difficult to find a viable definition which is not oversimplified. ‘Gender Equality’ means an equal visibility, empowerment and participation of both sexes in all spheres of public and private life. It requires the acceptance and appreciation of the complementarily of women and men and their diverse roles in society.

Somalia is drafting a new gender policy, and women in the diaspora know what 'gender equality' entails having experienced life in the west. I am not advocating for Western individualism and thought, but women's rights must be improved in Somalia. The women back home do not understand nor grasp this concept, so I invite you to this discussion, because the 'wearer of the shoe knoweth best where it pinches'

It is undeniable that gender roles, especially in an cultural context still exist. The question is how do we redress the imbalance whilst accepting this fact, or is this a misnomer and we need to redress it? And within this multi-layered question, what comes before the other, law or social change? Should we be advocating for Somali Xeer legal reform or should resources be channeled towards grassroots sensitization, education and awareness? Those are a few pertinent questions, which must be raised when discussing gender roles within the Somali family.

I consider myself to be a feminist and I believe women's empowerment is the key to Somalia's development. Women will have a large role to play in the reconstruction of the new Somalia, creating the environment where women are educated, self-confident, strong and most importantly free from discrimination in all its forms is crucial.

Men and women give your input, we must make a change for the sake of our country. The ordeal Somali women have been through is a tragedy, and we all know this. Injustice is the reason why we find ourselves in this predicament.

[BlackVelvet]

Have we already changed? The videos I've seen which show schools and universities in Somalia have plenty of girls. The kacaan was pro gender equality so a lot of women our mothers' age have gone to school and a lot of them worked.

There are injustices that happen to women but those are just that and are not a reflection of our culture. The only thing I will say though is that there seems to be a glass ceiling (as with every other country). A woman can be the foreign minister but never the president. And just like gudniin, most people hold this view because of their perception of Islam and what they've been taught. So how do you change perceptions and values? Through Islam of course, control how religion is presented and you can change their way of thinking.

[Gabre]

What are the problems women face in Somalia? People who are actually there or have visited recently should comment, others should give disclosure.

[CilmiDoone]

Have we already changed? The videos I've seen which show schools and universities in Somalia have plenty of girls. The kacaan was pro gender equality so a lot of women our mothers' age have gone to school and a lot of them worked.

There are injustices that happen to women but those are just that and are not a reflection of our culture. The only thing I will say though is that there seems to be a glass ceiling (as with every other country). A woman can be the foreign minister but never the president. And just like gudniin, most people hold this view because of their perception of Islam and what they've been taught. So how do you change perceptions and values? Through Islam of course, control how religion is presented and you can change their way of thinking.

Jasmine, its about more than just going to school or university, although even there Somali girls and women are very much under represented. Its also about a woman's role and position within society and recognition of them as persons in their own right who do not 'belong' to their husband/father etc. What are your thoughts on that?

[KyrieJama]

Gabre,

It would be nice to get firsthand accounts of some of the issues women face in Somalia.

I'm a lawyer, and from a legal perspective I think the provisional federal constitution is very progressive in redressing gender inequality through affirmative action provisions. However, ownership issues will arise during the implementation phase. Is the constitution a document written by Somalis, or was it written for Somalis? Do we have the political will and means to initiate social transformation? Implementation will depend on the legislators, judges and cultural/religious leaders. For example, article 15(4) of the constitution states "Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited". Somalia has the highest FGM rate in the world at 98 percent, words written on a piece of paper will not halt the practice. A robust and active civil society can be instrumental though.

Article 11 of Somalia provisional federal constitution guarantees equality for all. And certain aspects with the Somali Xeer and the Shari 'ah conflict with the principle of equality. I listed a few examples below;

Age of Consent for marriage:

In Somalia the age to attain adulthood in Islamic family law(Shari 'ah) is fifteen years old. The provisional federal constitution of Somalia sets the age to attain adulthood at eighteen years in article 29(8).

"In this Article a “child” is defined as any person under 18 years of age.

Article 29(7) of the constitution stipulates;

“In every matter concerning a child, the child’s best interests are of paramount importance.”

Based on the inter relatedness and interdependence of rights giving a female child the capacity to marry affects her ability to enjoy other rights accorded to her by domestic and international law. In particular, her right to education and health will be affected by marrying at 15 years of age. This violates the duty of a state to consider the best interests of the child. In Somalia, school enrollment of female’s decreases at the secondary and tertiary due to early marriages(see UNICEF world report or MDG's), with females only representing 30% of the enrolled students. The lack of a proper education has caused women to take up menial employment due to the lack of trained female professionals. Furthermore, the institution of marriage is supposed to be contracted into by two consenting adults. A child is more likely to be coerced into marriage than an adult.

In effect, by setting the age of consent for marriage at fifteen undermines the girls child's right to health, education and the best interests of the child, making child marriage unconstitutional and in contravention of international human rights law.(Convention on the Rights of the Child, Convention on the Elimination of Discrimination against women)

Male guardianship over women in Islamic family law is is one of the many features of inequality between men and women in marriage, divorce, and related matters. Qiwama connotes male guardianship which means, ‘the act of being superior to, a degree above, or given more physical strength.’ Male guardianship is based on a literal interpretation of the Quran, in verse 4.34; which refers to men as ‘guardians’ (qawamun) over women, and has been used to justify gender roles and male privileges. Conservative Islamic interpretation presupposes that the home is the domain of the woman and a protective safe haven from the brutality of the outside world. The man is the protector and provider. At the same time Islam seeks to establish symmetry between the respective rights and obligations of men and women, by stating in the Quran verse 2:228;
“And women shall have rights, similar to the rights against them, according to what is equitable.
Prophet Muhammad instructed his companions to respect women. To demonstrate that respect he assisted in household chores, despite his busy schedule and urged men to listen to the wishes of their wives and children in family matters stating; ‘The best to you is the best to your family (wife)’.

In modern day societies male guardianship can have human rights implications on the woman in many aspects of life which include; equality, education, employment, freedom of movement, and social and political factors; moreover it can lead to male domination and tyranny within the familial setting. A woman must consult and gain permission from her husband in all endeavors. The final decision on familial matters is detained by the husband, if he provides the material necessities of the family. For example if a woman wishes to travel to another country she must have her husband’s consent. If she does not gain consent, under Islamic family law he can file a complaint at the district court and request discontinuation of his requirement to provide maintenance. The courts after reviewing the particulars of the case can issue an ‘order of obedience’ forcing the wife to go back to her home. The legality of male guardianship over adult women contravenes the principle of equality.

The Universal Declaration on Human Rights guarantees equality between men and women;
“The rights and freedoms set forth in this declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Furthermore, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights asserts equal rights without discrimination for men and women in both covenants whether it be economic, social and cultural rights or civil and political rights.

Convention on the Elimination of Discrimination against Women states that women and men shall have the same rights and responsibilities during marriage and at its dissolution.

The Maputo Women's Protocol states a woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children. This provision in the Maputo protocol uses specific language to break gender roles by stating that a woman and man shall jointly ‘safeguard’ and ‘protect’ familial interests. Furthermore, the Maputo women's protocol accords to women the right to control their fertility, and right to decide whether to have children, the number of children and the spacing of children.

The provisional federal constitution of Somalia clearly accentuates that the State must not discriminate against any person on the basis of gender. While consultation is desired between spouses the state should not enforce the prerogative of the husband over his wife. They are equal under the law (constitution).

Other practices which are detrimental to gender equality include, divorce, inheritance rights, arranged marriages, the taking over/inheriting a wife by the brother of a deceased husband (dhumaal) and marrying the sister of a deceased wife (godobtir), forced marriage of a rape victim to the perpetrator etc, I will elaborate on these customary practices another time.

[Nomand]

no such thing as gender equality, name one country who has this?

77% of british MPS are men.

Fortune 500 companies in 2012 only 18 were females CEO.

[KyrieJama]

no such thing as gender equality, name one country who has this?

77% of british MPS are men.

Fortune 500 companies in 2012 only 18 were females CEO.

That is true indr, however men and women are given the same opportunities to excel in the UK. You cannot say women in the 'west' do not enjoy the same rights as men. I'm advocating for removing barriers that serve as impediments to gender equality so we can have a society that utilizes it's human resources effectively. In the west women's emancipation came through social dialogue, and it's imperative that we do the same.

[BlackVelvet]

Have we already changed? The videos I've seen which show schools and universities in Somalia have plenty of girls. The kacaan was pro gender equality so a lot of women our mothers' age have gone to school and a lot of them worked.

There are injustices that happen to women but those are just that and are not a reflection of our culture. The only thing I will say though is that there seems to be a glass ceiling (as with every other country). A woman can be the foreign minister but never the president. And just like gudniin, most people hold this view because of their perception of Islam and what they've been taught. So how do you change perceptions and values? Through Islam of course, control how religion is presented and you can change their way of thinking.

Jasmine, its about more than just going to school or university, although even there Somali girls and women are very much under represented. Its also about a woman's role and position within society and recognition of them as persons in their own right who do not 'belong' to their husband/father etc. What are your thoughts on that?

Some of that comes from our culture, gabarta tolkeeda aya laga soo doonta. And then gabada ayaa la guursada, I realised at a young age that it's incorrect to say it the other way around and that is a reflection of what you mentioned. Dumaal is also another factor of our culture that reinforces the idea that women, like property are things to be owned and inherited. But then again it depends on how you look at it, would you rather widows were treated as they are in some parts of India? A cursed being that should be buried with their husband? There is a form of protection provided to women that comes from our way of doing things.

That aside, my view on women in Somalia is largely biased because I come from a family with strong female personalities so I tend to favour independence but there are women who are very happy being "taken care of". It would be amiss for us to dictate the role that women should take. That would be akin to liberating women by forcing them not to wear a veil; at the end of the day liberty comes from having the power to choose without coercion. The only way one can do that in my opinion is by being educated on the choices which is why my focus when it comes to this debate is how and what these young girls are taught both in schools and in duksi. After a broad picture, they should be able to decide on the direction they want their life to take. We all belong to each other, that is a beautiful part of our culture which if not used to exploit can be a great strength.

[BigBreak]

women are equal but different to men - simples

[Suleiman117]

If the Somali government wants to empower women, it needs to help them economically and also make them part of the government. Money talks, people. Always.

[Gabre]

Not letting this die on the vine.

[LoveandLight]

If Somalia is to make Moral, Scientific, Technological and Economic Advances girls must be able to enjoy the Right to go to school, Reproductive Rights, and not be treated like property.

Women are the backbone of the Family. The Family is the Cornerstone of Society. The condition of womenfolk and children will reflect in Society. Women are our Mothers, and they bear and raise future men. Women should be protected and held in high regard.

Happier women will raise happier children who in turn will envision and bring about a more peaceful and prosperous nation.

A lot of Women in Somalia are frustrated with their plight. But, they endure. I am sure many would have liked to be educated and in control of their own lives.

I think social change through grassroots level education and awareness outreach will be most effective in changing people's perceptions. Women are half the population. The emancipation of Women will be advantageous for the country.

When girls are educated and exposed to new ideas they can form their own opinions. This is one reason why some girls are not educated. It is about the control of the girl's mind. They also have a way to control the girl's body to make her docile and subservient. These conditions are what brought disaster to the Somali people.

garad13 wrote: Men and women give your input, we must make a change for the sake of our country. The ordeal Somali women have been through is a tragedy, and we all know this. Injustice is the reason why we find ourselves in this predicament.

I wholeheartedly agree.