Thematic Reports and Oral Statements on Article 16

 

Musawah asserts that the reform of laws and practices for the benefit of society and public interest (maslahah) has always been part of Muslim legal tradition and is therefore possible.

October 2017 - Musawah and Advocacy for Women in Peace and Security, Africa (AWAPSA), submitted a Joint Report on Article 16 for Kenya, to the CEDAW Committee for review at its 68th Session in Geneva, Switzerland. The report examines the necessity for codification of the Muslim family law based on equality between men and women, as well as other issues pertaining to access to justice. It also highlights discrimination faced by Kenyan Muslim women in the following areas: male-only positions in the Kadhi Court system, women’s equal capacity to enter into marriage, child and early marriage, polygamy and divorce. The report also highlights positive developments in Muslim family laws with examples of good and better practices from other Muslim contexts, based on Musawah’s research and comparative analysis of family laws and practices in 31 countries. Musawah and AWAPSA  also submitted a joint statement for Kenya.

. October 2017 - Musawah and Abolish Article 153, submitted a Joint Report on Article 16 for Kuwait, to the CEDAW Committee for review at its 68th Session in Geneva, Switzerland. The report examines Kuwaiti Personal Status Act (KPSA) that enforces discrimination against women in the following areas: equality in marriage, women’s consent and capacity to enter into marriage, child and early marriage, polygamy and divorce rights. The report also specifically highlights issues of gender-based violence in the context of family and discriminatory legal provisions, including Article 153 of the Kuwaiti Penal Code, which effectively gives men regulatory power over their female kin. Additionally the report contains sections on positive developments in Muslim family laws, with examples of good and better practices from other Muslim contexts, based on Musawah’s research and comparative analysis of family laws and practices in 31 countries.

On October 30th 2017, Musawah submitted an oral statement for Kuwait.  

. October 2017 - A Thematic Report on Article 16 for Oman was submitted to the CEDAW Committee for review at its 68th Session in Geneva, Switzerland. The report examines Omani laws and practices that enforce de jure and de factodiscrimination against women in the following areas: Muslim family law based on reciprocity of rights; child and forced marriage; women’s consent and capacity to enter marriage; divorce rights; polygamy; custody and guardianship of children; violence against women; and nationality. The report also contains sections on positive developments in Muslim family laws, with examples of good and better practices from other Muslim contexts, based on Musawah’s research and comparative analysis of family laws and practices in 31 countries.

An oral statement for Oman was submitted by Musawah on October 30th 2017.

. October 2017 A Thematic Report for Singapore was submitted to the CEDAW Committee for review at its 68th Session in Geneva, Switzerland. The report examines the necessity for a comprehensive reform of the Administration of Muslim Law Act (AMLA) in order guarantee equality for Singaporean Muslim women. It highlights the issues of male-only positions under AMLA, women’s equal capacity to enter into marriage, child and early marriage, polygamy, divorce and inheritance rights. The report also highlights Positive developments in Muslim family laws with examples of good and better practices from other Muslim contexts.

· July 2017 - A Thematic Report on Nigeria was submitted to the CEDAW Committee for review at its 67th Session in Geneva, Switzerland. Musawah highlighted key Article 16 related issues concerning Muslim family law - including early marriage and polygamy, divorce and violence against women, as well as examples of good and better practices from other Muslim contexts.

· July 2017 - For Thailand, Musawah collaborated with local advocates from PATANI Working Group for Monitoring of International Mechanisms, Thailand (a collective of 12 organizations and networks). The report primarily focused on issues faced by Muslim women in Southern Border Provinces of Thailand. In addition to Article 16 related matters specific to Islamic law applicable to marriages and divorces of Muslims, the report also highlighted gender-based violence and health related issues in the context of conflict faced by religious and ethnic minority women in Southern Border Provinces. 

· February 2017 - During the 66th session on Sri Lanka, a local lobby group Muslim Personal Law Reforms Action Group (MPLRAG) submitted a specific shadow report on Muslim women's issues related to Article 16 of the CEDAW Convention. Musawah was consulted in the final draft stage of the report which highlighted discriminatory legal provisions of the 1951 Muslim Marriage and Divorce Act (MMDA) and the impacts on Muslim women and girls in Sri Lanka. 

· July 2016 - The Musawah Thematic Report on Turkey was submitted to the CEDAW Committee for review at its 64nd Session in Geneva, Switzerland. Musawah highlighted key issues concerning equal rights and responsablities, early marriage and polygamy, divorce and violence against women.

· July 2016 - The Musawah Thematic Report on the Philippines was submitted to the CEDAW Committee for review at its 64nd Session in Geneva, Switzerland. Musawah highlighted key issues concerning equal rights and responsabilities, early and forced marriage, polygamy and divorce, maintenance and child custody

· July 2016 - The Musawah Thematic Report on Mali was submitted to the CEDAW Committee for review at its 64nd Session in Geneva, Switzerland. Musawah highlighted key issues concerning early, child and forced marriage, polygamy, divorce, violence against women and equality in rights and responsabilities.

· July 2016 - An Oral Statement on Mali was submitted by Musawah to the CEDAW Committee at its 64rd Session in Geneva, Switzerland. Musawah highlighted key issues concerning early and child marriage. The high of early and child marriage necssicate the urgent need for reform.

· February 2016 - An Oral Statement on Tanzania was submitted on behalf of Musawah by IWRAW-AP to the CEDAW Committee at its 63rd Session in Geneva, Switzerland. Musawah briefly highlighted polygamy as a key area of discrimination, and challenged the assertion that discriminatory laws and practices created in the name of Islam cannot be reformed.

· November 2015 - The Musawah Thematic Report on the United Arab Emirates (UAE) (WORD doc) was submitted to the CEDAW Committee for review at its 62nd Session in Geneva, Switzerland. Musawah highlighted key issues concerning equal rights and responsibilities in marriage, male guardianship, early and child marriage, polygamy and temporary marriage, access to divorce, custody and guardianship of children, and the right to confer nationality. The Report was accompanied by an Oral Statement on UAE made on behalf of Musawah by IWRAW-AP.

· November 2015 - The Musawah Thematic Report on Lebanon was submitted to the CEDAW Committee for review at its 62nd Session in Geneva, Switzerland. The Report highlighted key issues concerning equal rights and responsibilities in marriage, access to divorce, and custody and guardianship of children.

· July 2015 - The Musawah Thematic Report on the Gambia was submitted to the CEDAW Committee for review at its 61st Session in Geneva, Switzerland. Musawah highlighted key issues concerning marriage and family relations such as, early and forced marriage, equal rights and responsibilities, polygamy, divorce, and the custody and guardianship of children. The Report was accompanied by an Oral Statement on the Gambia.

· February 2015 - The Musawah Thematic Report on the Maldives was submitted to the CEDAW Committee for review at its 60th Session in Geneva, Switzerland. The Report highlighted key issues such as violence against women, early and forced marriage, polygamy and access to divorce. An Oral Statement on the Maldives was submitted jointly with the women's NGO Hope for Women.

· October 2014 - The Musawah Thematic Report on Brunei Darussalam was submitted to the CEDAW Committee for review at its 59th Session in Geneva, Switzerland, accompanied by an Oral Statement on Brunei Darussalam. Apart from highlighting key issues under Article 16, Musawah also brought attention to the Shyariah Penal Code Order 2013, covered under Article 2.

· June 2014 - The Musawah Thematic Report on Mauritania was submitted to the CEDAW Committee for review at its 58th Session in Geneva Switzerland. Musawah highlighted key issues concerning marriage and family relations such as, guardianship, early and forced marriage, equal rights and responsibilities, polygamy, divorce, custody and guardianship of children, and the right to confer nationality to children. The report was accompanied by an Oral Statement on Mauritania and Syria.

· February 2014 - The Musawah Thematic Reports on BahrainQatar and Iraq were submitted to the CEDAW Committee for review at its 57th Session in Geneva, Switzerland. Musawah challenged the ways the governments used religion to justify non-compliance. The Thematic Reports were accompanied by two Oral Statements: (i) Bahrain and Qatar, and (ii) Iraq.

· July 2013 - The Musawah Thematic Report on Afghanistan was submitted to the CEDAW Committee for review at its 55th Session in Geneva, Switzerland. In this report, Musawah takes a critical look at the status of marriage and family relations in Afghanistan, examining closely the governing legal structure and critical issues such as the equality of spouses, their rights and responsibilities, minimum age of marriage, forced marriage, polygamy, divorce, and the custody and guardianship of children.

· July 2012 - The Musawah Thematic Report on Indonesia was submitted to the CEDAW Committee for review at its 52nd Session. In this report, Musawah examines the status of marriage and family relations within the Indonesian context by reviewing the official Indonesian government report to the CEDAW Committee and offering responses to issues and points raised in the review process, as well as recommendations for action. The CEDAW Committee expressed its disappointment with the lack of progress in Indonesia since its last review session. The lack of progress was specifically evident in the way 'the country continued to allow traditional customs such as female genital mutilation, as well as archaic practices such as stoning and caning, polygamy, child marriages and gender stereotyping' to continue unabated (UN-NGLS). The Committee's Concluding observations, particularly in relation to Article 16, were more detailed than usual, specifying areas that need immediate attention. The Committee's recommendations included: 'Repeal, within a clear time frame, all discriminatory laws against women... and repeal, in particular, discriminatory provisions of Marriage Law No. 1/1974.' (OHCHR)

· February 2012 - The Musawah Thematic Report on Algeria and Jordan was submitted to the CEDAW Committee for review at its 51st Session. This report by Musawah takes a critical look at the status of marriage and family relations, as encapsulated in Article 16 of the CEDAW Convention. Algeria and Jordan are two member states of the Organisation of Islamic Cooperation (OIC) that reportred to the CEDAW Committee at the 51st Session. 

· October 2011 - The Musawah Thematic Report on Kuwait and Oman was submitted to the CEDAW Committee for review at its 50th Session. This report takes a critical look at marriage and family relations in both Kuwait and Oman, members states of the Organisation of Islamic Cooperation (OIC). This is Musawah's first thematic report on Article 16,  which was accompanied by two Musawah Oral Statements on Kuwait and Oman.

Relations between Muslim women and men in both the private and public spheres must be governed by principles and practices that uphold equality and justice.

Access articles and reports on Muslim Women's Rights in the Musawah Resource Library.

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