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Post-war Lebanon: Women and other war-affected groups

CHAPTER 6 : ASSESSMENT OF GOVERNMENT POLICIES TOWARDS WAR-AFFECTED WOMEN
Assessment of governmental policies and actions towards assisting war-affected women, identification of the constraints and approaches to overcome them.

by Naila Nauphal
  sections
  Preface
  Executive Summary
  Acronyms
  Introduction and methodology
1. History,duration and features of the war
2. Rehabilitation in post-war Lebanon
3. The economic situation
4. The impact of war on the country and the gender implications
5. Women's activities: A comparison between the pre- and post-war
6. Assessment of government policies towards war-affected women
7. NGO's, IGO's and donar institutions
8. Conclusion and recommendations
  Bibliography
  Annex 1
  Terms of reference
  Annex 2
  Directory of NGOs and their heads in Lebanon
ISBN 92-2-110692-6
First published 1997
© Naila Nauphal 1997
ABOUT THE AUTHOR

The following chapter will look at the structures which maintain women in a subordinate status. Systems of laws which institutionalize gender relations help extend our understanding of how women, already marginalized from structures of power, are further disempowered by war. The second part of the chapter will look more specifically at governmental policy, political commitments and sensitivity to differences concerning war-affected women.

 

 

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6.1 State and gender
It has been commonly assumed that in a patriarchal society the State represents a neutral and autonomous forum in which women's interests are protected against the dominance of men and the power of religious institutions. The feminist literature has denounced these assumptions of state neutrality -- especially concerning women -- "since part of the definition of the State and the delimitation of the State's proper sphere involves the active codification and policing of the boundaries between the public and the private (Goetz, 1995:4). Thus, by confirming and institutionalizing this separation, States are directly involved in the institutionalization of gender differences on both the social and political levels.

For instance, the State sets the parameters for women's unequal positions in the political and familial arenas by accepting the unequal terms on which family laws are based and by tacitly condoning domestic violence, unequal access to social security or to jobs. Typically, States have construed women's identities for public policy as dependent and incapable persons. Based on these assumptions, women have been made the objects of welfare policies and given a place alongside children and the disabled. "At best such policies improve women's survival at the margin, at worst, they can reinforce the traditional gender ideologies which contribute to women's disadvantaged positions" (Goetz, 1995:4).

The factors which affect the state response to women's needs are the degree of gender polarization in society, the degree of state autonomy and the basis of the state legitimacy.
 

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6.2 Government policy regarding women
One of the key contemporary challenges facing the Lebanese Government today is to bring women into positions where they can more effectively shape women's perspectives, call society's attention to women's experiences, and contribute to the evolution of a social world view that incorporates the perspectives of both women and men. One can see the systematic neglect of gender as a critical consideration, and generalized references to "the citizen" as obscuring rather than illuminating. They also obscure the different relationships which women and men have to the State and to the public realm (Indra, 1987).

In 1975 the International Decade for women has helped to raise the awareness of the situation and status of women worldwide. The same year Lebanon was entering a war which isolated it from the development of such ideas and trends for almost 20 years.

The 1995 Beijing Conference gave momentum to women's associations and to the question of gender equality in Lebanon. The creation of a multi-sectoral National Committee for the Preparation of Beijing and of a Non-governmental Committee for the Advancement of Women encouraged institutional collaboration, research and debate. However, the greatest impact of this conference was to encourage Lebanon's ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. Following Beijing, a governmental decree was issued for the creation of a National Women's Commission which will implement the recommendations of the conference. It has devised an Action Plan for 1997-2000.

In order to promote women's empowerment and access to resources, some measures have been taken and some goals have been set to improve selected aspects of women's life and reduce discrimination in some limited areas. No serious initiative was taken, however, to deal with the structures of gender inequality: women's roles, duties and rights as defined in the Personal Status Laws which remain the legal domain of the religious leaders of each recognized community.

All previous improvements and amendments to the legal status of women were due to the concerted efforts of some individuals[51] who were able to influence the legislative body. The latest modifications concerned the right of women to testify in real estate matters, the right to commerce without the husband's approval and the ratification of the Convention on the Elimination of All Forms of Discrimination in 1996. These achievements are the result of two decades of consistent pressure emanating from influential individuals and do not reflect deep changes in the conceptions and attitudes of the rulers.

Note

[51]. Such as Laure and Joseph Moghaizel and Emily Fares Ibrahim to name a few.

 

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6.3 The degree of gender integration into public institutions
The participation of women in the post-war reconstruction process should not simply mean ensuring their access to positions in the public sector, nor should it just mean increasing their number in every development sector. Although such projects are useful in terms of employment, they do not engineer deeper changes by challenging the underlying gender biases that undermine the development process and the system of laws in the country. "The key measure of (the) participation (of women) is the degree of control or power in the decision-making process" (Voutira et al., 1995:v).

As noted in Chapter 5, women's access to participation in the design of policies is very limited. Very few women are in a position to participate at decision-making levels where they could promote the advancement of women.

There are a few gender units within the government bureaucracy. The Ministry of Youth and Sports has such a unit which promotes participation of young girls in certain activities; the Ministry of Social Affairs has a "woman-family" unit; and the Ministry of Agriculture has been trying to introduce such a unit into its structure. For the time being, a women component is only found in projects promoted by UNDP and FAO and implemented by the Ministry. The "General Administration of Statistics" is planning to integrate gender in its database. The recent national survey on "Population and Housing" undertaken by the Ministry of Social Affairs has introduced a "gender-sensitive" data collection system. Among the 27 existing ministries, it seems that only the Ministry of Social Affairs is actively supporting women's betterment through social care programmes and benevolent societies.

The official rhetoric concerning a national commitment to the integration of women into its structures and policy-making does not seem to be translated in practice. The budget submitted by the Government in 1995 does not include any specific allocations for women. The units in charge of women's affairs have been instituted in an ad hoc manner and do not correspond to a coherent policy for setting up a WID/GAD entity. Considering the institutional location of those existing units, women are still marginalized and held in their traditional roles. Typically, the enclave for women's issues is the Ministry of Social Affairs and in the Ministry of Youth and Sports. The existing units have no mandate which would allow them to pursue their agenda across other public departments.

The integration of gender units in all ministries -- while expanding the role assignment of existing units and allowing for co-ordination across ministries -- is necessary. The introduction of a quota system at every level in the civil service could be a way to ensure the participation of women at the executive level. At present, for instance, out of 330 permanent employers in the Ministry of Agriculture, only 42 women are employed with two or three at decision-making positions.
 

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6.4 Women and the law [52]
All attempts at modifying the position and conditions of women in Lebanon are mitigated by legal premises which define and confine women in a secondary role and ensure their subordination. The Civil Code contains many conflicting provisions, which are in oposition with both the international standards and the Family Laws. The structural edifice which establishes and regulates gender relationships, the Personal Status Laws (hereafter PSL), contradicts all the basic legal principles of equality and non-discrimination.

 

6.4.1 Lebanese system of laws

Lebanon has a system of civil and criminal law based on European, and mainly French, models. In addition, each of the 15 recognized religious communities has legal jurisdiction over the domestic affairs (marriage, divorce, inheritance) of its members. The 1926 Constitutionwas based on the French Constitution of 1871, and the Belgian Constitution of 1831 as well as the Egyptian one of 1923. In 1990, following the peace agreements in 1989, the II Republic was created with a new Constitution which made major amendments to the 1926 Constitution.

Equality between women and men/Taef Accords

No specific reference to the rights of women qua group was made in either the Taef Agreement or the new Constitution. These texts, however, recognize the equality of all the citizens. The Preamble of the 1990 Constitution is virtually a copy of the General Principles stated in the Document of National Understanding (Taef). Paragraph (b) of the Constitution states that as a founding Member of the United Nations, Lebanon is committed to respect the Charter of the United Nations and the Human Rights Declaration. The State embodies those principles in all areas without exception.

Paragraph (c) of the Preamble of the 1990 Constitution and the Taef Accord affirms the equality of all citizens: "Lebanon is a democratic parliamentary Republic founded on the respect of public liberties, the freedom of opinion, and of creed, on social justice and the equality of rights and duties of all its citizens, without distinction or preference." The Taef Accord partially eliminates confessionalism from the public sector and introduces the principles of merit and competence.

These provisions contradict the implications of article 9 of the Constitution. This article recognizes the Family Laws of 15 communities.[53] Despite the diversity -- and sometimes the contradiction -- between their legal content, the Personal Status Laws share a common approach on the inferior position of women. Conflict also occurs with article 7, Chapter II of the Constitution which states that "... all Lebanese citizens are equal. They have the same civil and political rights and the same duties, without any distinction".

Some international instruments

The principal international instruments ratified by Lebanon are: the Covenant on Economic, Social and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All forms of Racial Discrimination; the Convention on the Prevention of the Crime of Genocide; the Convention on the Political Rights of Women; the Convention on the Elimination of All Forms of Discrimination Against Women; and UNESCO's Convention against Discrimination in Education. The principal laws pertaining to labour are: the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Forced Labour Convention, 1930 (No. 29), the Abolition of Forced Labour Convention, 1957 (No. 105), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Employment Policy Convention, 1964 (No. 122).

As noted, Lebanon has very recently ratified the Convention on all Forms of Discrimination Against Women (CEDAW), yet with reservations on the nationality of children[54] and on Family Laws. The ratification of this charter for the human rights of women, was done in utmost secrecy so as not to antagonize traditionalist leaders.

 

6.4.2 The legal condition of women and work

The Lebanese Constitution and the Civil Code guarantees equal educational and working opportunities to all citizens without discrimination. The labour legislation also guarantees equal remuneration for the same positions and equality of treatment as provided for in ILO Convention No. 100 ratified by Lebanon. Some provisions in the Lebanese law apply to women specifically such as maternity protection (women working in their own family's business and women working in agriculture are excluded from this measure); the prohibition of underground work and night work which are considered harmful.[55] The law also prohibits the dismissal of a woman during pregnancy and maternity leave.

There is a conflict between the rights guaranteed under the Constitution and the restrictions established by the labour law and decrees pertaining to the employment of women. Article 12 of the Constitution states that "all Lebanese have the same right to public employment on the basis of merit and competence". This right is contradicted by a decree[56] of the Ministry of Foreign Affairs which stipulates that only a single woman may apply for a third category position in the diplomatic corps. Thus, in a single provision, women are twice discriminated against: first, the decree restricts their free access to any public position based on merit and competence, and second, it clearly discriminates against married women. If the working woman marries a foreigner she will be transferred to the administrative body. No such restrictions are imposed on men. Another example of discrimination in the public sector is women's access to social benefits. For instance, a married working woman contributes to taxes and pension funds but is not entitled to benefit from them -- nor can her children -- unless the husband is unemployed or disabled.[57] If the husband is incapacitated she will be reimbursed up to 50 per cent for medical expenses while the husband will be given 75 per cent[58]. As L. Shehadeh (n.d.) notes, the labour law has a separate section devoted to children and women thus perpetuating the image of women as incompetent. Another law which seems to offer an advantage to women, is her right to leave work when she gets married while benefiting from the totality of her indemnity which is a subtle way to encourage women to assume the role of housewives.

Penal sanctions should be introduced in the legal texts against discriminatory practices in both the public and private sector at the level of recruitment and employment.[59]
  • The law should ensure that working contracts will stipulate non-discrimination and equal remuneration for work of equal value.
  • Equal remuneration should also include in the definition the equal access to social security and social benefits.
  • Maternity provisions are very limited and incomplete, the reproductive role of women involves the society's responsibility and cannot be reduced to maternity leave. Protection should thus encompass all aspects of child-bearing which include the recognition of the father's role.
  • There should be a dissociation between maternity protection and the regulations which apply to working women in general.

 

6.4.3 Personal Status Laws

Modern Lebanon has reproduced the Millet system of the Ottoman Empire and has integrated into its legal system seventh century Family Laws which are based on male authority and maintain women in a state of total dependency. Lebanese are subject to the Lebanese authorities in fiscal and criminal matters. As noted, the Personal Status Laws -- concerning marriage, inheritance, education and religion -- are regulated by the authority of the respective religious communities. Thus, Lebanese family life is regulated by a multiplicity of laws and procedures: 15 PSL which vary in their legal contents but share a common characteristic, the inferior position of women.

The legal authority of the various sects is enshrined in the Lebanese Constitution: article 9 guarantees that "the Personal Status Laws and religious interests of the population to whatever religious sect they belong shall be respected".[60] The Lebanese Constitution also approves implicitly the many decrees issued on matters of personal status.

There is conflict between the Civil Code and Personal Status Laws: while the Lebanese Constitution grants all citizens equal rights (article 7), the same Constitution recognizes in the same chapter (article 9) the PSL which deprive women of those same rights. Conflict of jurisdiction between the sects' laws are also important. The PSL are also in conflict with all the international legal principles based on equality and non-discrimination.

The influence of those rigid practices and laws put a heavy constraint on women's participation in the country's reconstruction. The seemingly immutable character of these laws derives from a structural rigidity: unlike all modern legal texts, the Personal Status Laws do not contain within their texts any mechanisms for amendment.

The reinforcement of confessionalism as a result of the war has serious consequences on the well-being and position of women. Besides the traditionalist and reactionary climate in Lebanon where women live, this phenomenon affects attitudes vis-à-vis the legal framework that codifies their roles. Before the war, some eminent lawyers and politicians were able to present an optional Civil Code regulating family matters. Even though it was not enacted, it presented at least a chance for a debate. Today, no discussion is taking place concerning the PSL, which now appear to be sacred and immutable.[61]

The Lebanese Government has tried to raise the issue of the PSL. This attempt was met with such opposition from religious leaders that the debate was immediately halted. A strong State is necessary for the reconstruction of a war-torn country. It has to manifest itself through comprehensive reforms and affirmative action if it wants to establish itself as a central and unifying power.

Eliminating discrimination against women requires modifying the social, cultural, political and economic structure which maintain women's inferior status vis-à-vis men. When such structural and cultural barriers exist, as they do in Lebanon, the Government's intervention is essential in planning a long-term transformation of traditional and religious values which discriminate against women. The PSL has broader consequences pertaining to the national integration of citizens. The judicial distinction maintained by Personal Status Laws laid the foundations during the war for the spatial segregation of the Lebanese.

The PSL are common to most Arab countries. Tunisia, however, has adopted a gender-sensitive constitutional and legal framework, spearheaded by the Government, despite the resistance of religious groups. By thus departing from the past, while maintaining the spirit of traditional religious values, Tunisia has realized a balance between the need for gender-sensitive change and the cultural context. It has set a precedent for other countries such as Lebanon which is eager to demarcate itself from its neighbours and project itself as a modern country.

Research is needed on the history of this development in Tunisia and on the underlying factors which led to these progressive reforms. The role of women's organizations, academic institutions, non-governmental and governmental institutions and the importance of their contribution should be evaluated. Lebanon is in need of a legislation which would establish the rights of women within the family and which would reflect her equal status in economy and all areas of public life. The Tunisian example shows that a strong and motivated government can effect important change.

Notes

[52]. This section intends to provide a few examples of the discriminatory provisions in Lebanese legislation, it is by no means an exhaustive review of those laws.
[53]. The Lebanese do not have the same laws regulating marriage, education and inheritance.
[54]. A Lebanese woman has no right to grant her children citizenship unless the children are illegitimate, unless the father was deceased while the children were under age, or in case she registers the birth of the child before the father.
[55]. ILO Convention (No. 4), amended by Conventions Nos. 41 and 89, has been ratified by Lebanon. It prohibits night work in industry for women; ILO Convention (No. 45) prohibits women working in underground and in other such dangerous activities.
[56]. Decree No. 94/83 as of 4.11.1983; articles 6(d) and 43(2). Some of the examples are taken from (L.Shehadeh, n.d.).
[57]. Decree No. 47/83 (as in Shehadeh, n.d).
[58]. Decree No. 3950: article 48 and the Law of Benefits and Services, article 10 as modified by RulingNo.491, 14.7.1970 (as in Shehadeh, n.d.) The ILO Convention 118 on Equality of Treatment in Social Security matters was not ratified. In the Lebanese legislation a working women will no longer be entitled to social security benefits when she gets married she becomes a dependent on her husband.
[59]. Interview with the Lebanese lawyer, Mrs L. Moghaizel.
[60]. 1991 Constitution, Chapter 2, art.9.
[61]. Personal interview with Mrs. Laure Moghaizel, eminent Lebanese lawyer, responsible for most legal amendments in fabour of women's rights.

 

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6.5 The hands-off policy of the Lebanese State
This section will look more specifically at the Government's policies and actions towards war-affected women and groups.

The Government's underlying approach towards state intervention is to limit its role to the rehabilitation of the infrastructure which is necessary for economic growth and to remain neutral and non-interventionist vis-à-vis the development of the different sectors of the economy. This position involves a disengagement vis-à-vis social domains (such as primary health care, basic education and social security) and long-term development (ESCWA, 1996). The Government's rationale is that economic reforms leading to economic recovery will have a trickle-down effect on the social situation, the improvement of the latter being considered as a by-product of the former. Thus, governmental efforts have been mainly geared towards currency stabilization and the reconstruction of the physical infrastructure. This philosophy is determined by the traditional hands-off attitude which prevailed in pre-war Lebanon, now reinforced by the international neo-liberal trend encouraged by the World Bank.[62]

The disengagement of the State vis-à-vis the social sector as reflected in the shrinking investments in sectors such as education, housing and health are likely to have a gender-differential effect and could affect women differently, especially heads of households, widows, displaced women and other groups.[63] The imposition of recovery measures will force impoverished people to limit the amounts they invest on the health and education of their children, and prioritize between boys and girls.

The Government is regularly reminded by labour unions and NGOs, that "human beings should come before stones", alluding to the reconstruction process where human beings are not a priority. Recently, however, the second Government of Prime Minister Hariri has announced its new policy statement underlying the four main areas which are said to be of high priority: socio-political issues, administrative reforms, the repatriation of the displaced and the environment. On the socio-economic level, some of the future initiatives were stated as follows: support a state-housing policy mainly targeting those with low incomes; invigorate state-sponsored hospitalization; expand the public transportation network; energize the role of the national security fund and the national employment agency with a view to curbing the employment of non-Lebanese workers; develop and consolidate the state school system in order to cover all parts of Lebanon, and thus resolve all problems of education and tuition fees; develop technical/vocational education; and establish a balance between vocational training and the needs of the market. No mention is made concerning the specific situation of women.

Notes

[62]. The World Bank's strategy in the country will be developed in Chapter 7 dealing with bilateral and multilateral interventions.
[63]. As was discussed in Chapter 4.

 

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6.6 The Taef Peace Accords [64]

As noted in Chapter 1, in 1989, the Arab Summit created the Higher Tripartite Committee to propose a solution to the Lebanese problem. The document generated by the committee served as a basis for the peace talks. On 30 September 1989, following the intensification of the civil war, the Taef Peace Accord was adopted by the Lebanese deputies in Taef, Saudi Arabia. The agreement received both Arab and international support.

The Taef Peace Accord aimed at covering both the internal and external dimensions of the Lebanese problem. It presented a comprehensive approach to political, constitutional and social reform and dealt with the restoration of Lebanese sovereignty, territorial integrity, and national unity. The document is divided in four sections and sets the legal framework for reform; these sections are:

  • General principles and reforms/political reforms/other reforms
  • Sovereignty of the Lebanese State on its entire territory
  • III-Liberation of Lebanon from the Israeli occupation
  • Syro-Lebanese relations.
The document first affirms the sovereignty, freedom and independence of Lebanon. After the internal and external threats which Lebanon faced during the civil war in which political decentralization as well as territorial dismemberment became a reality, the opening article is fundamental for the restoration of the State's sovereignty and unity. The text declares that Lebanon is the "final nation for all its sons". This formula reaffirms the tacit agreement of 1943 -- the National Pact -- which defined the country's identity. However, the insistence on the permanent character of this nation is the manifestation of a deeper and larger political consensus than the one that sealed the agreement between the Sunnis and Maronite political élite in 1943. This time, no separatist or Pan-Arab claims opposed this declaration.

 

6.6.1 The unity of Lebanon

The Taef Agreement and the new Constitution proclaim the unity of the people, the territory and its institutions. Paragraph I of the Preamble states that "the Lebanese territory is one for all Lebanese. Every citizen has the right to reside in any part of the Lebanese territory. There shall be no segregation of the people on the basis of any type of belonging, and no fragmentation, partition and colonization". This article rejects the partition of the country and the division of the people along confessional lines as organized by the militias. The indivisibility of the territory refers to militia attempts at territorial dismemberment, but also to the occupation by Syria and Israel of large parts of the country.

The unified character of the institutions refers to political decentralization.[65] The "militia order" replaced the State during the war; they became de facto governments, acting as police forces and administrators in the areas under their control. Therefore, the Taef Accord gives great importance to the organization of the State and to administrative reform.

 

6.6.2 The displaced

The same paragraph of the Preamble and article 4, section II of the Peace Accord, establish the legal foundations for the Government's policy to return the displaced. Every "Lebanese refugee" (as opposed to the hundreds of thousands of Palestinian refugees) has the right to return to his place of original residence. The Government must "set up measures to guarantee this right and take the necessary steps in view of the reconstruction of the war-stricken areas".

In 1992 the Government created a Ministry of the Displaced and set up a comprehensive strategy for the resettlement of all displaced Lebanese.

 

6.6.3 Demobilization

Article 1, section II, proclaims the dissolution of all the militias, Lebanese and non-Lebanese, who surrendered their weapons to the State in the six months following the ratification of the document. The Government later resolved to integrate the majority of the militiamen in the army, internal security forces and the police. Only the Shi'a Hezbollah were excluded from these measures and remained armed.

Notes

[64]. Source material for this section: J. Maila, 1992; B. Menassa, 1995.
[65]. The Taef Accord does not mention explicitly "political decentralization", the Damascus Accord proclaimed the rejection of "all forms of particularism and political decentralization" (Maila, 1992).

 

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6.7 Policy towards war-affected women
The Lebanese Government does not seem to have a clear strategy to improve the situation of women qua group. Such a strategy would require the creation of mechanisms and budget allocations which would allow a policy to move beyond a declaration of intentions. Economic growth will not necessarily translate to the improved position of women and war-affected groups. Specific policy reforms by the Government are required.

There is no government pronouncement on a policy of reintegration of war-affected groups.Even rampant poverty -- which is considered a pressing issue -- has not benefited from a defined strategy. The approach of the Government to the problem is to try and reduce the spread of poverty "regarding it as a de facto situation whose negative aspects should be mitigated" (ESCWA, 1996; p.D) rather than devise means to address its root causes.

There seems to be no awareness at the governmental level of the different experiences of men and women during the war. It is largely assumed that both men and women have the same needs. Women heading households, widows and the displaced are subsumed under low socio-economic categories and are believed to share the same fate as men who are destitute or displaced. As a result, women's needs remain unacknowledged and their contributions unrecognized.

Gender relations have been affected by war but this aspect has not been considered in the development of policies. No gender analysis has preceded the setting up of government policies regarding war-affected women. The measures taken, for instance, to introduce women as an active part of the programme of return do not stem from the awareness of their difference. However, there is a certain recognition that their contribution is important considering their maternal role. It is likely that any inclusion of a gender dimension in programme design and implementation has been "encouraged" by UN agencies involved in the resettlement process.

On the other hand, underlying most policies of intervention for war-affected women is the belief in women's vulnerability. They are assumed to be victims of whatever injustice comes their way and passive recipients of aid. Therefore, their contribution to their family and society is overlooked.

A corollary to the view of women as vulnerable and in need of defence is the protectionist attitudes and the nature of the assistance designed for them which overlook their strength and resourcefulness. As was noted earlier, the institutional location of women's units reflect this ideology. The main enclave for women is the Ministry of Social Affairs where they are associated with children and the disabled. A patriarchal society produces paternalistic systems of assistance.

 

6.7.1 Violence and abuse

The issue of domestic violence and sexual abuse was raised by the National Committee for the Preparation of the Conference of Beijing during its travaux preparatoires. The generalization of violence during the war, did not allow a discussion on the experience of women subjected to other forms of violence or sexual abuse The Government has not taken measures to address the issue of domestic violence or sexual abuse, whether related or unrelated to the war. Considering the prevailing balance of power in the country and the influence of religious leaders, any discussion by the Government on the subject of violence against women is perceived as a direct attack on the Personal Status Laws (some religious texts contain justification of domestic violence). Even the civil Penal Code exonerates crimes of passion if committed by men: in such case where a man kills, without premeditation, his spouse, sister or any female relative found to have committed adultery. He benefits from diminished responsibility if he murders the woman while in a state of suspicion of her adultery. A woman's crime of passion will be treated as regular homicide.[66] Male violence is thus justified by the Civil Code.

States have the primary responsibility to ensure the physical protection of their (women) citizens. Women need to be legally protected from domestic violence and sexual abuse. The Government has to clearly define such practices. It should take the necessary measures in order to prevent and sanction this behaviour regardless of any cultural and religious considerations and provisions which state otherwise. Local customs, tradition and religion, which are in contradiction with international standards, are not a justifiable basis for the violation of women's integrity and dignity.

  • The issue of violence has to be taken out of the "private family matters" area where it is confined. The Government has to adopt a highly visible policy against all forms of violence against women.
  • The Government should eliminate all legal provisions which justify or encourage violence against women in the Civil Code and in Family Laws. It should develop penal, civil and labour sanctions in domestic legislation to punish violent deeds.
  • The Government has to enact and enforce national law in accordance with international standards. Ratification is not sufficient, mechanisms for enforcement have to be installed.
  • Local communities should be sensitized to acts of violence against women. As for all gender- related issues, the recruitment of women at all levels of the regional administration, and the election of women as mayors, the appointment of women as heads of municipalities, should be encouraged.
  • Social workers dealing with women may not be aware of the problems because of women's unwillingness or inability to report them. Consequently, they will fail to deal with the issue in a sensitive manner. Considering the negative consequences that reporting can have in Lebanon, social workers have to be specifically trained to handle these problems. Training of workers is also essential for raising awareness. The lack of understanding of the seriousness of such violations can lead them to dismiss the matter.
  • Women have to be informed and advised on their rights and procedures to follow, through active information campaigns. The media (especially the widely used television) and educational programmes at school could be used for this objective.

 

6.7.2 The displaced

The return of the displaced is a crucial component of the Government's reconstruction policy. The implementation of the Taef Peace Accords was the official rationale of its policy to organize the return of all the displaced to their places of origin. The strategy of return encompasses all the displaced from all geographic, confessional and socio-economic backgrounds. The Preamble of the Taef Accords re-establishes the freedom of movement which was severely curtailed during the war. It is addressed to all community leaders who attempted to turn Lebanon into a federal State through population transfers.

Besides the implementation of Taef Accords, the return of the displaced has several functions. It aims at restoring the demographic balance as some areas are overpopulated -- mainly the cities -- while the areas of displacement -- mainly rural -- are almost empty. Economic considerations are also important as the agricultural sector was severely affected by the departure of landowners and labourers. Housing is another complex issue affecting the entire country. On the one hand, some displaced people have illegally occupied the property of others; at the same time, their own homes have been destroyed or illegally acquired as part of the war strategy, or again occupied by others displaced from their own areas.

Through Decree No. 190, 4 January 1992, the Government established a Ministry of the Displaced and additional bodies to promote and facilitate the resettlement of all the displaced. In May 1994 a credit account valued at $474,400,000 was established to finance the return project. The Ministry acts as coordinator between the various ministries whose duties are related to the return.

The execution of the return project is to take place in three phases. By June 1993, the resettlement in 84 towns and villages that were scheduled as part of Phase 1 was completed. Since then progress has been slowed down due to financial problems, including alleged corruption.

In 1994, in co-operation with UNDP, the Ministry organized a programme of return called "Aidoun" designed to facilitate the "Reintegration and Socio-economic Rehabilitation of the Displaced". It is being executed in collaboration with the United Nations Volunteers Programme. It is said that special attention is given to vulnerable groups such as women-headed households, the elderly, orphaned children, pregnant women and physically and mentally disabled persons.

The assumption that return is the natural solution for the displaced must be questioned. It can lead to more suffering and impair reconciliation. Displacement has disrupted entire communities and dispersed families. For the majority of the displaced, return will mean yet another adaptation. Many of the displaced have to return to underdeveloped rural areas after having spent years in cities. Their children, born "in exile", are not motivated to return. Creating incentives, linked with long-term development goals, are essential to ensure a better adaptation.

The Government's programme of return is comprehensive and is sensitive to the psycho-social problems that this return movement can create. The lack of funding, the absence of a comprehensive development vision and the misuse of available funds are some of the main obstacles for its implementation.

According to UNDP (1996), approximately 50 per cent of the Ministry's expenditure went to people who were occupying houses but were not always displaced. The evacuation of occupied houses by the displaced is not coordinated with the possibility of return of the same people. Some, for instance, had to leave a flat while their home was not rebuilt in the village of return.

So far the impact of return has not been independently assessed. It is therefore difficult to evaluate the return policy without in-depth, long-term fieldwork. A case-study in a village of return (Na'meh) can give an indication of the discrepancies between the government discourse and reality. Many returnees have not been paid the compensation promised and the physical infrastructure of the village is only partially repaired. The school functions but lacks proper equipment. Security, a major pre-condition in the government policy prior to resettlement, is precarious. Many returnees fear their neighbours who were responsible for their flight.

Note

[66]. Article 562 of the Penal Code 250 and 251 (as in Shehadeh n.d.).

 

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6.8 Development programmes
There is no clear correlation between the rehabilitation-development stage the country is facing and gender empowerment. As was argued in this chapter, no overall strategy targeting war-affected women was evident in Lebanon. The Government has a few development projects which address gender concerns or the specific needs of women. This section describes some of these projects. Those which are promoted by UN agencies will be discussed in more detail in Chapter 7.

As noted earlier, Lebanon's development plans -- especially those related to women -- rely heavily on donor-funding and UN policies. The reliance on outside assistance affects the sustainability of these plans. For instance, the UNIFEM umbrella project for encouraging women to set up small enterprises has brought together the Ministry of Social Affairs, UNDP, ESCWA, and the Friedrich Ebert Foundation. The mechanisms for cooperation that were set up on an ad hoc basis will be dismantled once the project is over.

The Government has encouraged the establishment of small enterprises in order to expand the labour market, but has taken few measures to ensure lending. Most lending to small enterprises is marginal and comes from international organizations or agencies, or from the Ministry of Social Affairs. The banking sector still lacks the guarantees and incentives for a lending policy that benefits medium and small enterprises.

The Council for Development and Reconstruction (CDR) had earmarked $1.6m of the reconstruction programme budget for the "social affairs" sector, out of a total amount of $3.28 billion. The Rehabilitation Beirut Training Centre receives $0.3m, and the Social Development Centres receive $1.3m. The aim of the social affairs' sector, according to the CDR, is to provide health care and social assistance to disadvantaged and vulnerable groups in the community. Health advisory centres provide primary health care advice for pregnant women and children. They also promote vaccination campaigns. These centres provide basic household and family training such as knitting, embroidery, dress-making, local handicrafts, family planning, literacy classes. They also provide special care for the disabled.

The Ministry of Health has started a programme and a very active information campaign concerning the protection of women against AIDS. Recent estimates indicate that an increasing number of women are being infected by their "unfaithful husbands". The Ministry is also planning to form a working group in collaboration with NGOs working with women.

The Ministry of Agriculture (1994) acknowledges the importance of women in agriculture and reiterates a commitment to the integration of a Women in Development (WID) programme. But here again, the programmes which are in the process of implementation are sponsored by UN agencies such as IFAD and FAO or other multilateral donors.

The Ministry of Social Affairs has many programmes which list women among other vulnerable groups, with children, the disabled and the poor. Nevertheless, a serious effort was made by the Ministry in the collection of gender-segregated data for the national survey on population and housing. Some of the programmes undertaken by the Ministry are listed below.

The Basic Service Unit (BSU) in Bourj al Barajneh works in collaboration with Save the Children UK and with local and international NGOs on programmes with an integrated developmental approach. A specific programme was designed to help low-income widows who live within the area (for 1993-94:34 widows were helped). These programmes include vocational orientation (sewing, industrial sewing, loom workshops, handicrafts, knitting) and literacy programmes.

The agency entrusted with providing services for rural women is under the Ministry of Social Affairs. The programmes can be summarized as follows (Ministry of Agriculture, 1995):
  1. Educational services: This government-sponsored programme aims at improving the literacy of girls and women living in rural areas.
  2. Health services: The Ministry of Social Affairs runs 23 general service centres and 40 social and health care centres of which 14 of the former and 35 of the latter are in rural areas. These centres provide maternal and child health services, nutritional care for pregnant and lactating mothers as well as for children in their first years of life, and training programmes for families and children in principles of health and nutritional education. In 1993, 8,865 children and an equal number of mothers benefited from these programmes of which 4,983 were in rural areas.
    • Family planning projects: These projects provide guidance for the family in general and for the woman in particular on various methods of birth control and laboratory tests that are necessary for her and her child.
    • School health programmes: These programmes provide medical services for students enrolled in schools located within the geographical area of the centres of the Ministry of Social Welfare. Services include medical check ups, referral to hospitals and follow-up on critical cases; 3450 children were served during 1993.
  3. Social services programmes: These programmes provide training in home economics, health and education; 693 girls were enrolled in the programme in 1993. Professional training in sewing and other activities were also given to 957 girls. The social programmes also included services for the disabled.
  4. Community development services: Few governmental centres provide social development services to rural women through encouraging clubs and summer camps for children. In addition, there are 29 governmental day-care centres for children under 5 yerars with working mothers. These centres are caring for 2,707 children of which 20 are in rural areas providing care for 902 children.
  5. General social services: Under this programme social workers are trained to help in rural development.

>> CHAPTER 7

Naila Nauphal

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