A Workshop about the Absence of all Levels in Judicial and University Positions
The workshop took place on , October 12.

The speakers were:

1. Judge Angham Faisal Qaid Ali - Vice President of the Supreme Court - Head of the Technical Office of the Supreme Court / Aden - the first Chief Justice of the Court of First Instance at the level of the Republic.
2. Lawyer Ishraq Al-Maqtari: Investigator in the National Violations Investigation Committee - member of the committee and official spokesperson
3. Dr. Aref Al-Haj: International Development and Peacebuilding Adviser

The meeting began with a welcome and introduction to the guests and a review of the importance and topic of the meeting, and each speaker was given 15 minutes to review its own theme and at the end of the presentation a number of recommendations were raised.

Judge Angham Faisal Qaid Ali spoke: On the topic of how to analyze the reality of the absence of women in the hierarchy of the judiciary, she referred to the pioneering role of women in the field of justice in the early seventies, and she was the first female judge in the Arab world, "Judge Hamida Zakaria", may God have mercy on her, and with the establishment of the College Rights and the Higher Judicial Institute The number of women working in the judiciary has increased, but until this moment women have been denied access to the hierarchy of the judiciary, which is the Supreme Judicial Council. The United Nations Republic for Human Rights and the Regional Office for the Middle East and North Africa, It was entitled “Women in the Arab Judiciary.” According to the results of the study, female judges are less susceptible to corruption, as their presence contributes to the stability of the judiciary and the improvement of the quality of judicial rulings. The study also revealed that the presence of women in the judiciary is still far from the principle of parity in most Arab countries, and there is a disparity between women and men in national judicial systems.

After the union, women were in the shadow of a tendency to keep them away from the judiciary, but the struggle of women in the south made them struggle to regain their position and stay in the judiciary, and the Judicial Authority Law No. “1” issued in 1990 was issued to recognize the right of equality between men and women in holding positions in the judiciary. But the fact that women remain in the judiciary is just a decoration, as the number of female judges in Yemen has reached more than 250, but in the leadership of the judicial authority there is one female judge as the head of a court of first instance in Aden, and in the people of appeal there is one judge, and now in the Supreme Court between 8 circuits there is a female judge One member does not preside over the court.

We still demand the implementation of the provisions of the constitution and international covenants that call for equality between men and women in rights, as the Supreme Judicial Council is masculine par excellence.

Here, we ask the question: What is missing from access to judicial decision-making positions, participation and contribution to the development of judicial affairs? This is a legal and acquired right.
With the passage of time from the seventies until now, women judges have not been able to assume leadership positions, and from here we demand the empowerment of women judges in their places and the application of a 30% quota system in appointing women to the hierarchy of the judiciary based on competence, experience and seniority, and there are many who have experience and competence as well as apply to them The principle of seniority.

I can say that there are a number of reasons that stood in the way of women assuming the hierarchy of the judiciary, the first of which is that the judiciary is not independent, although the constitution and laws stipulate that it should be independent, but the religious orientation and some religious sects, and the control of some males, made women’s participation in the hierarchy Judicial power is impossible. Among the manifestations of corruption in the judiciary is the absence of women in the leadership of the judiciary, because their presence represents an obstacle to some judges who have distorted the path and goals of the judiciary to achieve justice in society to achieve personal gains for them.
And they became in control of the budget of the judiciary, which is in the billions they own. There are a number of judges who are outside the authority and are deprived of medical care and the most basic services and the necessary needs that he needs to carry out his work honestly and impartially. There are female judges in the courts and female judges in the Niya, at least, who support their presence in the hierarchy of the judiciar

And if we fail to demand our rights, we will reach the level of exclusion, even we, the judges who are in the courts, and ask us to retire and stay at home or be satisfied with legal advice.

It concluded with a set of recommendations, the most important of which are:
1. Demanding the independence of the judiciary, and applying the principle of the right person in the right place.
2. Applying the Judicial Authority Law in promotions and positions of the judicial authority, based on competence, experience and seniority.
3. We demand compliance with all international human rights resolutions and covenants signed by Yemen (1325).
4. Demanding the outcomes and recommendations of the first judicial conference held in Marrakesh, Morocco, which was attended by representatives from Yemen, in which it was stated to guarantee the representation of women judges in the supreme councils of the judiciary, and from here we appeal for equal opportunities and combating discrimination against women.

Dr. Aref Al-Hajj spoke: What are the challenges and risks facing women’s representation and presence in the hierarchy of the judicial and university authorities, starting by addressing the Moroccan institutional experience and how is the experience of the judiciary, which began in the fifties, while the experience of the Yemeni judiciary began with the appointment of the first female judge in the seventies in Aden, which is Judge “Hamida” Zakaria”, besides that, the judicial movement in Aden was flourishing.

The major setback that occurred after the union in 1990 and within 14 years, any appointment in the field of judiciary was frozen, and female judges were appointed in administrative and office positions, until the first judicial conference came, and the judicial movement began to regain its activity and recognition after the deep controversy. The Yemeni government adopted the middle ground, which allows women to assume judicial positions, with the exception of criminal matters in the issues of hudud and retribution.

Yemen was one of the first countries in the region to sign the CEDAW Convention, along with the Arab Charter on Human Rights.
Here, a question must be asked: does the involvement of women in the judiciary have an added value, for evidence and indicators say that there are a number of benefits at the level of the judiciary and sustainable development. The participation of women in the judiciary is considered a human right in the judicial system, and diversity leads to increased innovation and the issuance of decisions It has objectivity.

Studies have also proven that the presence of women in the judiciary adds an additional value because they see in some cases different dimensions that the male judge does not see, and this was evidenced by the experience of “Pellet” when she was involved in the International Criminal Court that made the rape case turn into a crime against humanity, and the involvement of Women in the judiciary, especially in societies that suffer from wars and fragility, and women being one of its components gives legitimacy to one of the most important institutions that establish the law and this gives sustainability. In turn, this leads to encouraging women to reach justice and equality before the judiciary.”

In addition to what was previously mentioned, there are a number of structural obstacles, especially in the northern governorates. When we address this issue, we are talking about a masculine and tribal class. In the past, from the era of the Imamate to an earlier time, it was one of the conditions for joining the judiciary to be from judicial families. Elite families" and depriving other people of it. It was abolished at the Higher Institute of the Judiciary and marked a difference in the history of the judiciary.

Yemen has signed on to many international frameworks. The law of the judiciary does not deprive women of assuming the judiciary, and there is no legal text, but it is a jurisprudential debate about what is permissible and not permissible.

Among the obstacles and challenges are:

•    Despite this, there is no implementation of the presence of women in the hierarchy of the judiciary, and this indicates the absence of political will. The Moroccan experience and others see in it political commitment and credibility.
•    Religious thinking, or what we call them the political Islam group, rejects the participation of women, especially in positions of guardianship and decision-making.
•    Stereotypes that support the sayings that women are emotional, and that they are deficient in reason and religion.
•    The presence of women in the Supreme Judicial Council helps reduce corruption, and it is imperative that the judiciary be governed.
•    After the issue and transparency in appointment, nomination and promotion, why not leave women judges in the Judicial Institute Admission Committee
•    The judicial system was shaped by male hands, and women are absent. Reconsideration of the law of the judiciary, labor, civil service.
•    - When we talk about the involvement of women, we do not take the principle of gender balance, it has not been integrated into the judiciary.

He concluded with a number of recommendations:

    It is possible to work on the short-term path through: Activating the outcomes of the first judicial conference.
•    Rooting women's justice through the restructuring of the Higher Judicial Institute, as it is one of the conditions for access to the judiciary in Yemen, which is to have a license from the Higher Judicial Institute.
•    Reconsidering women's experiences in the judiciary, still in some governorates such as Aden, Sana'a, Taiz and in juvenile courts only, and geographical distribution must be taken into account.

    Long-term path through:
- Demanding inclusion, gender equality, and empowering women in power, in the context of modernization, development and reform in the judiciary.

Then, lawyer Ishraq Al-Maqtari spoke: What are the legal procedures to guarantee the rights of women due to their presence in the hierarchy of the judiciary? She began her talk about the role of civil society organizations and the National Committee for Women and their work in this field by supporting the presence and representation of women, However, while working on the CEDAW report in Aden by a number of civil society organizations, we found it difficult to obtain the true number of female judges.

The fact that the actual number of women in the judiciary is the biggest problem, as it is difficult to determine their presence in the hierarchy of the judiciary, bearing in mind that there was a legal obstacle facing women, which is the law of the Higher Judicial Institute, during the 15 batches in which women were not present, and through the 15 batch – In the 23rd, the number of female judges did not exceed 38, and the number of graduates in batch No. 21 was not proportional. The number of women was 2 judges.

There is only the Higher Judicial Institute in Sana'a and the Higher Judicial Institute in Aden. The number of graduates in the last batch reached 23, as the number of female students reached 31 compared to 300 male students. Hence, we can say that the first challenge facing women is to enter and join the Higher Judicial Institute, and graduates from the institute are in the courts and not at the level of the prosecution.

It ended with a set of recommendations:

• Re-reading the decisions and laws, especially the executive laws, that hinder women from working.
• Adoption of policies and strategies by the government to support the presence of women in the highest authority.
• By unifying the efforts of civil society organizations, especially those working with women, to carry out pressure and advocacy campaigns on the political will to support women in the hierarchy of the judiciary
• Increasing the number of women in the higher courts in Aden, where only "Judge Ikram Aidarous" is present.
• Work to create a 30% quota law at the Higher Judicial Institute and the Faculty of Law, to encourage women to enroll in the institute
• Raising the capabilities of existing female judges.

After the presentation of the axes was completed, an opportunity was opened for the interventions of the attendees, which were as follows:
Dr. Zina Omar: Corruption in the judiciary - the continuous obstruction of the judiciary in the liberated areas under the authority of legitimacy - and the lack of separation between the three authorities.

There are no women in the university authority hierarchy. Is it due to the lack of competencies and this is illogical, because women who have experience and competence exist, but they are excluded from the hierarchy of power even at the level of colleges, for example, the Faculty of Law at the University of Aden from the moment it was established to 2019 and there is no woman in its administration. How can these obstacles be overcome? How can preventive measures be taken to overcome this problem?

Ms. Hassiba Sheneef: Previously, after the Yemeni unity, when the north and south were merged, there was no political will for women to assume judicial positions. Women were not present when drafting laws, the previous constitution, and resolutions. “The absence of women in the three authorities - not only at the level of the judiciary, but at the level of the executive, but in the judiciary we find her marginalized and we see her in juvenile cases.”

We do not see it at the level of criminal or civil cases, and this is not because of women’s incompetence, but rather because there are some religious currents that prohibit women from taking up judicial positions justified by passion, and that they are deficient in reason and religion, as well as deficient at the level of inheritance. There must be a specific quota for women 30% as He emphasized it in the outcomes of the national dialogue and at the level of the three authorities, especially in the judiciary.

Ms. Amna Mohsen: The stereotypical image of women assuming judicial positions, especially because they are deficient in mind, religion and emotions, and how women in the seventies were proactive on the level of the Arabian Peninsula and not on the level of Yemen “in southern Yemen”, now the political will does not exist.

Abyan governorate is devoid of women, why? We have women judges in the Public Prosecution Office. We in the Yemeni Women’s Union demand that the female judges be transferred from the Public Prosecution Office to the judiciary, but we did not receive any response

There are no women in the Higher Judicial Institute, and women from the governorates must be given different percentages to ensure that they join the Higher Judicial Institute. Committees or a committee must be formed to follow up on the Higher Judicial Institute and universities to support the presence of women.
Professor Ali Muhammad: The Islamic religion has given women their full rights, and their rights are very clear. I see that the judiciary exists to implement Islamic law. We, as an Arab society, are very emotional. Can women take positions in the judiciary, for example, “If your husband said that he wanted to marry the second or third wife? How will your application of Islamic law in your home?

To Professor Taqiah Noaman: Women were present and strong before the union in Aden, represented by the presence of the first female dean on the level of the Arabian Peninsula, as well as the first female judge on the Arab level, “Hamida Zakaria”, but after the unity of women’s victories, women did not rise to defend their rights. There is also a tendency to remove women from these positions in the university … and others; In Aden there was a dean of the Faculty of Medicine - Faculty of Dentistry, they were excluded and replaced by men, and the female judges in the Juvenile Court were replaced by male judges. Where is the role of the National Committee for Women? Why was this committee formed?

We have 250 female judges, why do they not work together to support their presence through a statement of denunciation, pressure and advocacy campaigns, or a message to the United Nations to demand their rights. Political will, if we wait for it, we will not get our rights.

Dr. Ashwaq Muharram: The war is unfair to everyone inside and outside, and women were present, but the policy of exclusion is widely applied, “I am a doctor and I do not work. I was replaced by another woman and with a lower “preparatory” certificate, a lack of appreciation for cadres, will the 30% quota law be applied, even the 10% for the presence and representation of women has disappeared, because there are several reasons, including regionalism, partisanship and sectarianism.In Hodeidah 2 women were general managers, but one of them disappeared The other was replaced by a man

A while ago, I was detained by the security forces, and I wished that there would be a lawyer or a judge that I could communicate with, and that she would attend the police station to help me.” Often problems and cases occur and women are subjected to humiliation in police stations and we miss their presence in these facilities. Why are there no women in police stations?

Professor Nabila Dada’: Islam has given women their rights, but custom, customs and traditions play a prominent role in changing these rights. Here I am reminded of the scene of Fatima, daughter of Muhammad, the Messenger of God, when I went to her father, complaining that Ali bin Abi Talib would marry her. He then went out on the pulpit and said that Ali bin Abi Talib wanted to marry, so he had to divorce Fatima, for passion is an instinct.
Mrs. Houria Mashhour: Elimination of the male level - the class hierarchy in society, gentlemen, judges, and then tribes, and the judiciary was limited only to certain families inherited from one father to one grandfather.

In the south, after the union, the sisters who were judges demanded that they be appointed and distributed at the level of the judiciary, but this was rejected and they were absorbed into administrative work, close to the judiciary, such as the parliament.

Unfortunately, today the National Committee is absent. We were demanding that it be transformed into a ministry for women’s affairs, as is the case in Tunisia, Morocco and many countries. The Supreme Council for Women was headed by the Prime Minister and the membership of a group of ministers. The National Committee was the executive body of the Council, which approves policies, programs and plans that are being lifted.

Legal amendments were submitted and submitted to the competent authorities, and the necessity of appointing female judges and teaching graduates of the faculties of law, law and Sharia, as well as the level of assimilation of women in the Higher Institute of the Judiciary, was demanded. She does not see her face litigants. We are in an exceptional situation, but currently in Aden, the courts are closed for whom? There are many whose interests are disrupted

Mrs. Samira Sioud: Women must be present in all government platforms, but I hope that the judge will be fair in the courts. Most women are judges when they have cases to find justice for them?

Judge Angham Faisal: With regard to the participation of women in the admission committees at the Judicial Institute, since the establishment of the Judicial Institute in Aden three years ago, and I was one of the members of the admissions committee there, and we worked as much as possible to get women a percentage among those accepted to join the institute, and for Sana’a there An independent government, and there is only one female judge in the Supreme Court, which was formed 4 years ago, and that is Judge Khadija Amer.

I agree with the brothers that the absence of political will plays a role in the process of strengthening the presence of women at the level of all different sectors. But this situation has been imposed on all of us, and it is disappointing to see the recent formation of the government in which women have been permanently excluded.

With regard to women’s affection, the judge must apply Islamic law. The Islamic religion and Islamic law stand on the side of women, and the Prophet, peace and blessings be upon him, said, “Women are the sisters of men,” as well as “Take care of the bottles.” Women in the Faculty of Law and at the Higher Institute of Judiciary study these matters and legal issues, But when the judge performs his work, he applies the laws. The laws are derived from Islamic law, and there are guarantees that the law sets for the litigant, whether he is a man or a woman.

Passion is sometimes required, in cases related to juveniles and minors, it is preferable that women judges be women, and even in the prosecution of juvenile cases there are women. Women judges are free to choose the clothing that suits them.

Women are struggling on different levels, but the political will is weak, in addition to the negative role of the parties.
Dr. Aref Al-Haj: What can be done under the shadow of the political situation and the transition from the stage of fragility to the stage of disintegration, and the multiplicity of de facto authorities with their legitimacy, which casts a shadow on all aspects of life.

The judiciary, despite its fragility and lack of independence, added another dimension to the conflict and brought it into the cycle of political conflict, and the security issue. In the event of any ruling, the judge needs security. Hence, many judges are reluctant to issue rulings for fear of their lives in the absence of security.

Hence, I can stress the need to focus on the Higher Judicial Institute through the new generation of judges, and there are a number of women judges who are in retirement. It is necessary to bridge the gender gap "gender balance", and not to focus only on numbers, but rather to focus on the organizational structure of the judiciary, and provide the regulatory environment for the judiciary in its identity.
Focus on judicial education

Anda Hassan: What about women in the judiciary who suffer from the deteriorating situation and organizational structure, and the percentage of their presence, and from here it is necessary to raise recommendations to 3 government agencies and the need for the independence of the judiciary in addition to the role of civil society organizations in activating decisions and agreements supporting women, including Resolution 1325, 2250, pressure from Civil society by raising awareness to push women to join the Higher Institute of the Judiciary - job rotation - promotions - appropriate qualification of cadres in the judiciary.

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