Domestic violence bill approved but not without mutilation and with mixed reactions of CSOs and MPs

The Parliament endorsed during its first session yesterday the domestic violence bill which was referred by the Parliamentary commission and which takes into consideration the prerogatives of religious family laws and the various religious interpretation of guardianship and heads of households, rather than using human rights as a reference.  The endorsement of the law came at a time when Kafa had called for a sit-in in front of the Parliament whilst 3 of its members were attending the parliamentary session, in addition to lawyer Iqbal Dughan.
The law was hastily endorsed in just ten minutes since Speaker Berri did not intend to give the chance for discussions on new amendments. MP Ali Ammar, who was the first and the only one to speak, complained about the violence of civil society who organised campaigns for the law to be endorsed.  He also added that the revisions brought to the original text were drawn from the spirit of the Constitution and were essential to preserve the fabric of the community and the family laws.  He added anecdotally that he is now asking CSOs to propose a project law to protect men from domestic violence!  After that, MP Simon Abi Ramia raised his hand asking to read the statement issued by Kafa.  However, Berri ordered that there will be no discussion and added that Parliament does not legislate under pressure.  Paradoxically, and after being lobbied by Kafa, 70 MPs agreed, before the session, to propose new amendments to the domestic violence bill so as bring it back to its original form. But despite those pledges, the project law was passed with no objections.
The positions of civil society diverged vis-a-vis this event with some welcoming the endorsement and calling for a baby step approach with others refusing it in the present form, namely Kafa who considered that the adopted revisions violate the essence of the original law.  Kafa officials expressed their disappointment, and that of civil society following the parliamentary session, pointing out to several objections namely that the law was diluted to include all members of the family and has limited procedures in relation to child custody to what is applicable by religious family laws.  The revisions also stipulated that the law restricted the measures to protect women victims of violence and their children to the personal status laws specific to each different sects in Lebanon, while giving the investigating judge, and not the public prosecution, the authority to adopt a protective resolution, thus making it impossible to seek protection during weekends and holidays.  The women activists also protested to keeping the clause related to the mandate and primacy of religious court which is in contradiction with the essence of the original law.  
For her part, Setrida Geagea considered that endorsing the law was an achievement but she expressed her reservation with regards to the title of the law and the fact that it is no longer specific to women, and did not criminalise marital rape.  In the same vein, University Professor Azza Baydun regretted the process and asked for the criminalisation of marital rape and to be considered as regular rape.  She noted that it is important for women victims of violence to be able to resort to the district attorney.  
Former Minister Rayya al Hassan noted that what PM Hariri said was loud and clear and that the Future movement is with rights and against violence and harm against women.  She added that this is a first step and a major achievement which should be build on .  She added that the demands by Kafa are fair and the MPs could have endorsed many of these without touching on the privileges of religious institutions.  The coordinator of the women sector at the Future Movement, Afifa al Sayed, noted that the law is below expectations and she called for taking into account Kafa’s objections and for adherence with the position of PM Hariri regarding the domestic violence bill and women's right to transmit nationality.
Moreover, and in a radio interview before the endorsement of the law, MP Robert Ghanem said that the law was studied in depth and it will be endorsed by the assembly without difficulty. He also added that the reservations expressed by a number of religious leaders have all been addressed.  He reiterated that what will be endorsed in the Assembly is enough to protect women.  MP Sami Gemayel considered that what happened is an important first step and he congratulated women for this achievement which can surely be improved later.  He stressed that had discussion about the law been open during the parliamentary session, then it would have risked not being endorsed.
Source: Al-Nahar, Al-Safir, Al-Mustaqbal, Al-Akhbar, Al-Diyar 2 April 2014