Report on the Arab Conference on "Success Stories of Arab Women Judges 11 to 12 April 2010 1 Table of Contents Page Introduction ………………………………………………………………….. 3 First Day: …………………………………………………………………………. 4 Opening Session: ……………………………………………………………… 5 • Press Conference First Session ………………………………… 14 • Second session ………………………………………………………… Second Day: • Statement by Tahany el Guebaly…………………………………….. • Session II ………………………………………………………………. • Session III ……………………………………………………………… • Closing Session …………………………………………………………. Attachments: Annex I (Conference Program) Annex II (List of participants (men and women) Annex III (Biography of Arab Women Judges) Annex IV (statements of the opening session) Annex V (Statements of Session I) Annex VI (Statements of Session II) Annex VII (Statements of Session III) Annex VIII (Statements of Session IV) Annex IX (Recommendation by Arab women judges to the Arab League) 2 Introduction The Alliance for Arab Women, in cooperation with the League of Arab States and the Swedish Institute in Alexandria, held its third conference to highlight the success stories of Arab women who occupy the position of judge. The Alliance for Arab Women has been the first to highlight in 1998 that Egyptian women are deprived of the post of a judge at a time when women in eleven other Arab country sharing with Egypt the same culture, history, language and heritage can reach this position. Therefore, the Alliance has lobbied to support Egyptian woman to occupy the position of judge. It held its first conference under the title "Arab Women in the judiciary" in cooperation with the Judges Club in 1998, followed by its second conference on "Arab Women: Years after became judges in 2002 in cooperation with the Supreme Council of culture. The Alliance held its third conference from11 to 12 April , 2010 in cooperation with the League of Arab States and the Swedish Institute in Alexandria on “success stories of Arab Women Judges "with the aim of benefitting from the experiences of Arab countries which preceded Egypt in the appointment of women judges and where women have assumed senior positions in the judicial system and to shed light also on the success stories of Egyptian women who have assumed the position of a judge since 2007, this, especially that the experience in Egypt has proven that women are capable of assuming that position. The Swedish Institute in Alexandria supported the convening of this conference. The conference was held at the headquarters of the League of Arab States over two days, in five sessions in addition to the opening meeting 3 (Annex 1: Programme of the Conference). The conference was attended by a group of Arab and Egyptian judges, a large number of media experts, numerous public figures in Egypt in all fields, (male and female) members of NGOs, and civil society associations (annex 2: List of participants(men and Women). The Conference had keys addresses and initiated a variety of discussions with seven women judges from Yemen, Sudan, Morocco, Jordan, Syria, Lebanon and Tunisia. (Annex 3: Biographies of Arab Women Judges) 4 DAY ONE Opening Session Ms. Randa Abul Azm, Director of Al‐Arabiya News Channel Office in Egypt, opened the session. She said the goal of the conference is to shed light on the success stories of women judges from various Arab countries. She added, in addition to guests from Egypt, the Conference is attended by seven Arab women judges from seven Arab countries who would focus on their success stories; from Yemen, Judge / Samia Abdullah Said, of the Supreme Court Chamber of personal status, from the Sudan, Judge / Rabab Mohamed Mostafa of the Supreme Court, from Morocco, Judge / Al Batoul El Nassery, Chairman of the Chamber of Commerce of the Supreme Council and Judge / Boshra Alawi of the Court of Appeal, from Syria / Sahar Okasha, member of the Department of Legislation, Ministry of Justice, from Tunisia Judge / Jamila Al Kathiri , First President of the Court of Appeal of Nabel, from Lebanon, judge / Zalfa good judge of urgency, and from Jordan Judge / Ihsan Zuhdi Barakat, judge at the Court of Appeal. The conference was also attended by a group of Egyptian judges (today): Judge / Susan Abdel‐Rahman Fahmy, Cairo Court appeal, Judge / Rasha Mansour North Cairo Court, Judge / Sarah Adly Hussein, North Court, Judge / Ola Hussein Al‐Giza Court, Judge / Rania Sana El Molk, North Cairo Court and Judge / Sherin Farhood, Supreme Constitutional Court, Judge/Rania, of the Court of Northern Cairo. The meeting was inaugurated by Ambassador Mervat El Tallawy, former Under‐Secretary‐General of the United Nations and former Minister of Social Affairs of Egypt, who indicated that the Alliance has been making every effort for over ten years regarding this important issue and explained that women's 5 issues has been an integral part of the societal issues and that the issue of gender equality has been an everlasting issue throughout history where women took steps forward and backwards, which meant that women’s rights was an issue that required guardians watching over and maintaining them. She mentioned the International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Ambassador Talawy had the honor to be a member of its drafting Committee for six years, which has linked women's rights to human rights, the situation of women to international peace and security and the status of women with globalization and the impact of the global economy on them. She pointed out the senior positions in the judiciary, which Arab women as well as Egyptian women have been able to reach. Ambassador Mervat Tallawy, at the end of her speech, wished the meeting would demonstrate the women successes and their achievements in the judiciary, so as to become known to the public and thus come up with lessons learnt from the experiences of various countries, especially regarding how to preserve women's rights despite the existence of opposition trends. She called upon NGOs and civil society to monitor and follow up on the status of women and their rights and to establish a monitoring observatory to prevent a relapse of women's rights.
Another speech followed by Dr. Sima Bohouth, Assistant Secretary‐General for Social Affairs, League of Arab States, who said that despite the persistence of some forms of discrimination against Women in the Arab region, recent decades witnessed considerable progress in the field of gender equality. There has been an increased presence for women in the political arena as women participated effectively in the parliamentary election as candidates and voters, in local government institutions. Arab women also received several ministerial 6 portfolios which, for decades, had been the exclusivity of men. Dr. Sima Bohouth referred to the importance of the efficient role played by Arab women in the judiciary, which helped to achieve the administration of justice. She mentioned, for example, that Algerian women reached the highest position in the judiciary, where Judge Fella Honey has assumed since 2004 the Presidency of the Council of State of Algeria, and Jordanian Judge Tagreid Hekmat has also been selected for the membership of the International Criminal Court. Dr. Sima Bohouth said the Secretariat of the League of Arab States has been particularly focused on the issues of legislations and laws with the aim of achieving a higher degree of gender equality, and pointed to the encyclopedia published by the General Secretariat to monitor all materials and texts on women in Arab legislations as a reference document to guide States in developing and changing their laws. Dr. Fatma Khafagy, board member of the Alliance for Arab Women delivered a speech on behalf of Dr. Hoda Badran, Chairperson of the Board of Directors and explained the primary attention given by the Alliance and the hard work that have been undertaken since 1998 in order for Egyptian women to assume the position of judge. She further explained that the Alliance and other civil society organizations have strongly defended the right of Egyptian woman to assume all public positions, including the position of a judge. She added that there should be no room for some of the voices that are now questioning the ability of women judge and inventing excuses and using some justification that have been outmoded and surpassed by the other Arab States. 7 She called in her statement for the need to open the door to female law school graduates to be accepted in the Public Prosecution as a first step to the judiciary like other male graduates. Dr. Fatma Khafagy said the percentage of Lebanese women judges has reached 50% ‐ 60% of all those who assumed the position of judge and that Moroccan women have reached the tribunal since 1961 and therefore, it was unacceptable to retract this right which has been recently attained by Egyptian women. Then, Dr. Emad Abu Ghazi, Secretary‐General of the Supreme Council for Culture, addressed the opening session. He focused in his speech on the approach of Culture and women's assumption of leading positions in Egypt and said it was not a legal or constitutional problem but rather a problem related to societal culture. He mentioned an incident with Dr. Aisha Rateb in the late forties when she requested the State Council to announce the posts in the judiciary to enable her to apply for one, but her request was rejected and ever since then the debate had been centered on the eligibility of women for this post. It was strange that this debate was going on in the Egyptian society at a time when Egyptian women had a privileged and prominent position throughout history where women had been partners with men, leading in the making of civilization since the days of the Pharaohs. He noted that women had assumed the position of the queen of the country, such as Hatshepsut and Cleopatra, and that she had played a prominent place in the marriage contract that guaranteed gender equality, which was held in the era of Islamic civilization. He concluded that we should work together to change the culture of the society and to remove the dust which distorted the inherent substance. 8 Moroccan Judge Al Batoul El Nassery then delivered her speech at the opening session since Morocco was the first Arab country to appoint a female judge in 1961. She stated that the Arab Women’s occupation of positions in all areas witnessed many success stories and that women's access to these positions was the result of struggle of many women, and that women were able to balance between their domestic work and their professional career. She explained that Morocco was among the first countries that appointed women in the Judiciary since1961; Moroccan woman assumed the post of president of court, and that there were five women ministers in Morocco and one of the king's advisers was a woman and that women also held the positions of ambassadors and other important positions. She emphasized that women represented half of the society and they were able to bear the same responsibilities of men. The Moroccan judge reviewed the position of Islamic law, which established the principles of women's dignity, independence, wisdom and her right to equality with men in assuming various positions. She also pointed out the international conventions on women’s rights. At the end of her statement, she reviewed the historic developments that preceded the assumption by Moroccan women of positions in the judiciary since 1961. She referred to the success stories and the growing number of women judges in various courts as well as in the Supreme Judicial Council. She further explained that the exercise of the functions of judge in Morocco has never been smooth as there were many objections at the beginning. She added that men demanded that women should fulfill certain conditions before their appointment in the judiciary. These conditions included that women should not assume higher positions than men, should not be paid higher wages or should not excel in their work to 9 the point of fame. In conclusion, she went on to attribute women’s success in judicial functions to efficiency, decent appearance, integrity and application of measures that would promote the judicial work such as timelines of court decisions and respect for dates of deliberations and hearings. The last speaker at the opening session was Counselor Adly Hussein, former President of the Court of Appeal, member of the National Council for Women, member of the National Council for Childhood and Motherhood and the Governor of Qalyubia. He mentioned that Egypt has been rather late in appointing judges as compared to other Arab countries although Egyptian women judges, within the recent short period, have made a remarkable success. He added that Ms. Suzanne Mubarak, as President of the National Council for Women, has played a major role in this Endeavour as well as the Minister of Justice and the Supreme Council of Magistracy. He pointed out the latest achievement in modern Egypt, namely the allocation of quota for women in the Parliament in the forthcoming elections. He explained that the State Council did not reject the appointment of women judges, but rather postponed the consideration of the matter to the next Council meeting in July. The Council will consider amending some articles and will discuss some of the rules governing the conditions to be met for women's membership of the State Council. He also noted that in order to complete the success stories, the Attorney General should take the first step by appointing women at the Public Prosecution. He concluded his statement by calling upon Egyptian women to follow suit on the successful experiences of Egyptian women judges to make up for the time lag between what happened to Egyptian women judges and other women judges in the Arab countries. 10 Annex 4 (s opening session) Press conference: Following the opening session, a press conference was held and was attended by many journalists as well as by some public figures. The press conference began with a comment by Dr. Bayoumi Mohamed Bayoumi ‐ Vice President of the State Council ‐ saying that he has always supported women's issues, and that he has done a lot of research in this area and he never found anything in Islam that prevents women from holding judicial office. He also said that Messenger Muhammad, May peace be upon him, had appointed a woman judge as an auditor and controller of markets, hence the appointment of women in one area should be followed by the appointment of women in all branches of the judiciary. Then, a reporter asked Dr. Emad Abu Ghazi ‐ Secretary‐General of the Higher Council for Culture: When you reviewed in your speech today the history of Egyptian culture, it has become evident that Egyptian culture is not opposed to women's rights nor to their high rank, so how do you explain the inferior status of women in the Egyptian society which we are witnessing today? Dr. Ghazi Abu replied by saying that the problem lies in the cultural developments and not in the cultural heritage. Another question by the press was addressed to Counsel Adly Hussein – former President of the Court of Appeal and current Governor of Qaliubeya: Despite the fact that the State Council did not reject the appointment of women judges, yet the delayed appointment is unconstitutional since the six month period has already passed after their appointment, which is the case of women judges appointed in 2008. Counsel Adly Hussein responded by saying 11 that this is a controversial issue within the State Council between the Assembly on the one hand and the Special Board and the President of the Council on the other. This led the Minister of Justice to send an inquiry to the Supreme Constitutional Court for an interpretation of competence. The reply was that the competence is that of the Special Board. Another question was addressed by a reporter to Dr. Sima Bohouth ‐ Assistant Secretary General for Social Affairs Sector at the Arab League ‐ that there are Arab countries which have experiences of women occupying senior positions in the judiciary, such as Jordan and Tunisia without controversy, why is this happening in Egypt? Dr. Sima replied that there are three main factors in the Arab countries, which led to the appointment of women in senior positions in the judiciary: • Enabling legislation. • Political will • Using Culture as an enabling factor. Women’s struggle and determination together with the solidarity of both men and women are all contributing factors to success. Counselor Adly Hussein, commented by saying that the issue is primarily cultural. With the opening up of the media now, we are hearing fatwa’s such prohibiting women’s assumption of judiciary posts, prohibiting men’s wearing suits. In addition, there is also a difference in media coverage of events related to women. Then spoke Ms. Buthaina Kamel, a media reporter saying that the speakers had expressed the view that there were positive points, such as the support of Mrs. Suzanne Mubarak, the National Council of Women for the women judges, but 12 the problem is that the judges see it as something coming from the top, which made the judges feel some kind of coercion. The fact that some of the judges in the State Council rejected the appointment of women does not only reflect a backward culture , but also an attempt by the judges to search for their independence. Then, Dr. Georgette Killieni ‐ Member of Parliament – commented that women attained and fought for their rights on their own, and not by superior orders. Certainly, there is the support by the First Lady, the National Council for Women and NGOs ‐ led by the Alliance for Arab Women. However, Egyptian women continued to file lawsuits for the past 60 years to attain those rights. Counselor Adly Hussein added that the Egyptian judiciary enjoys full fledged independence. He said that the President of the Italian Constitutional Court had once told him that he learnt about independence from the Egyptian judiciary. Then, Judge Ihsan Barakat from Jordan made a final comment at the press conference, saying that there must be objective criteria applied to both men and women; namely efficiency, impartiality and integrity. She assured that Women’s access to senior judicial positions does not affect the independence of the judiciary in any form. 13 Session I: "Cultural changes and women’s occupation of the post of Judge" Chairperson: Judge Jamila Al Khathiry from Tunisia Speakers: Judge Rabab Mostafa from the Sudan Judge Samia Abdullah from Yemen Judge Susan Abdel‐Rahman from Egypt Judge Rasha Mahmoud from Egypt Judge Jamila Al Khathiry, First President of the Court of Appeal of Nabel, Tunisia was the chairperson of this session during which, two judges from the Sudan and Yemen and two judges from Egypt spoke. Judge Rabab Mustafa tackled the issue of the conditions to be met by whoever holds the post of judge and asked whether femininity is a barrier to women's access to this position. She pointed to the long standing controversy over women’s work in all areas, in general, throughout all eras in various religions and customs. She said there has always been a major and substantial controversy between proponents and opponents. Some came entirely prohibitive, and some were partially objecting. In this context, she did not talk about proponents, but rather dealt with the arguments advanced by the opponents to the notion of a woman judge and responded to their arguments. She went on to say, the judiciary is indisputably of great worth as it regulates human behavior. It is a haven for the oppressed. Therefore, there must be certain conditions that must be met for a person to become a judge; he or she has to attain high academic qualifications and good record of conduct. She said, some opponents are basing themselves on the Shari’a as to the 14 masculinity requirement for the judiciary, by relying on the interpretation of the hadith saying "No society can ever succeed if led by a woman” although this hadith is disputable among jurists. There are other arguments based on norms, customs and traditions. She added the customs, traditions and norms are evolving with the change of time and place and they develop as a result of the experiences of states and their exchanges. She said it has been proven that women in the majority of countries, including the Sudan, have succeeded as judges and reached high ranking positions. No failure in performing their work has been ever observed. Regarding the notion that the legal profession runs counter to women’s natural role, Judge Rabab Mustafa asked why does women’s work in the judiciary, in particular, is perceived as such. At the time when she works as a medical doctor and spends significant time at work and when she is even called to work in night shifts. On the third issue, which describes women as being emotional, she wondered whether men do not have any emotions. She said men and women have the same degree of emotions. God has increased women's emotions in certain situations, especially during pregnancy and breast feeding to be more perseverant and patient. Men and women judges are not making judgments out of emotions, but based on laws and documents of each and every case and here there is no difference between men and women. She added if women’s judgments were characterized by emotions, then there would have been no room for their promotion. What is happening is that when women were promoted to the highest degree of the judiciary and this was never taken against them. In the judiciary, there is no room for emotions as the judge is 15 accountable before God and his/ her conscience; they must fear God in their work. The judge is responsible for his judgments which could be challenged. She wondered which side a women would take; the creditor or the debtor? She replied that the question is based on sheer facts regardless whether the judge is a male or female Speech by Judge / Samia Abdullah ‐ Member of the Supreme Court, Circuit of Personal Status in Yemen: Yemeni judge Samia Abdullah, began by stating that it had been confirmed that the teachings of Islam put men and women on equal footing and that verses of the Qur'an address all people and do not discriminate between men and women, and women's rights are not new. There are reasons and elements that confirm women’s work in the judiciary as there is no definitive text of prohibition. Jurists were divided into three groups: those opposing, those allowing in certain cases and those approving. The reality is that women are stronger than men in certain situations. This has been further confirmed for Arab women working in the judiciary as proven by this growing number of women judges by the day. With reference to constitution of Yemen, men and women have been granted the same rights. The Yemeni constitution also stipulates that women and men are equal in rights and duties. She gave examples of women who were appointed at the Public Prosecution office and at the judiciary in Yemen. She mentioned that their number reached 55 in the judiciary and the first woman judge to be appointed was Professor/Hamida Mohammed. Women have continued to be appointed at the judiciary since 1983 and after the unification of Yemen, 6 women judges graduated from the High Judicial Institute and their 16 total number reached 42. Moreover, the political leadership treated men and women on equal footing. Thus women reached the highest authority in the Judiciary. Speech by Judge/ Susan Abdel‐Rahman – Appellate Counselor at the Commercial court ‐ Cairo ‐ Egypt: The Egyptian judge Suzan Abdel Rahman spoke about her career development in the Egyptian judiciary starting from first counselor to the chief of administrative prosecution in 2007, to the Chief Justice of Giza Court of First Instance, and then promoted to appellate Counselor in 2008. She said she represents Egypt for the first time in this conference and she is widely supported by men. She said a great support came from the Ministry of Justice, although it is a masculine community, and received the support of the Minister of Justice. She mentioned that judicial training seminars and workshops were organized and benefitted both men and women judges. She stated that the first group of Egyptian women judges was enrolled at the Administrative Prosecution Authority, which is a subsidiary organ of the Supreme Council of the Judiciary. She explained that earlier training had been organized at the Administrative Prosecution followed by a competition at the level of administrative prosecution and public issues for women who wish to join the judiciary. 100 women members applied and sat both written and oral tests and have proven their competence and skills throughout the process. She added they met with the most senior members of the judiciary in Egypt during the training and they were briefed of many sentences, as part of their training. In May 2007, women judges were distributed on various courts of justice; not only in family circuits; not only in the administrative judiciary as well as in the area of misdemeanors and felonies. The Egyptian Judge added that all judges are subject to inspection reports and that cases are equally distributed to all. She said Egyptian women judges have proven their efficiency and some of them were promoted within less than a year. She noted that there is great support by NGOs as evidently proven by the Alliance for Arab Women for women judges. 17 Speech by Egyptian Judge / Rasha Mahmoud ‐ First Chief Justice of North Cairo Civil Court:
Judge Rasha said that she used to work at the administrative Prosecution. In 2008, she was promoted as a Chief Judge of court. She pointed out the importance of sharing experiences. She then reviewed her career development. In May 2007, she was appointed as left member of a civil and commercial circuit ‐ and then a right member of the damages circuit in 2008/2009. She was then chosen by the general assembly of North Cairo Court to be the first Chief Justice of circuit. Regarding the difficulties encountered by women judges in Egypt, Judge Rasha said that initially there was some apprehensions by litigants but when they felt the soundness of rulings and that there is no difference between the rulings of male and female judges, some litigants preferred to have a woman judge. In conclusion, she said at the end of her speech that the efficiency proven by Egyptian women Judges was behind their rapid promotion in the judiciary. Interventions: Dr. Bayoumi, Vice President of the State Council, said he was proud that Egyptian women took the position of judge and hoped that the next meeting will include woman judges from the Council of State in Egypt. There was a question from the audience on how to confront the notion that women are emotional and therefore their rulings might not be accurate. Women speakers responded by saying that the argument that a man has no emotions is wrong and that the judge issues rulings according to specific legal provisions as the judge is governed by the law and conscience. Women speakers also mentioned that women judges’ determination to prove their efficiency and competence, has been the reason behind their success. One of the Egyptian women judges mentioned that at the beginning of her career as a judge, the secretary of a court sitting refused to put in writing what she was dictating him. She added that at the beginning, her fellow judges in the Court of Appeal which is composed of three judges, showed their resentment and rejection . She explained that some of them could not imagine 18 how to deal wit her as a woman until they discovered that she was more capable and resilient. The secretary of the sitting who has worked with her cried when she left the circuit and asked to work with her again even though he had been working for twenty years with men. Another Egyptian woman judge said there was insistence on achieving success because there was this idea by colleagues that a woman judge can never succeed. She added that a colleague said he never imagined he would be working with a woman. Another colleague said, after working with her, he never saw anyone covering work in such efficiency and described her as more capable than a hundred men and said he had changed his view of women judges after working with them. The speaker said the effort made by women judges earned them the first award at the level of Giza courts. There was a third question on: why the subject of women's work as judge was raised once again after the appointment of 30 women judges and followed by another 12? The response was that the Constitution is categorically clear. In Egypt, the French system or the dual system applies; however, there is a law governing the appointment of the State Council and another for the normal judiciary, which does not exist in Arab countries. The judiciary in many Arab countries follows the common or the Anglo‐Saxon law. The speaker expressed the wish that the dual system would be adopted in Arab countries because it is more developed. European states have developed and adopted it. However, the USA and Britain do not apply it. In the Sudan, the judiciary is independent starting with from the appointment of a judicial assistant upwards. He said that in Egypt, there is faith in the rule of specialization; he believes that the administrative judiciary should be specialized so as to have a greater prestige.
The last question was about the difference between the judicial studies institutes in Egypt and the Arab countries. Women speakers said that in the Arab participating countries, the function of the Judicial Studies Institute is to train the judges before the exercise of their work for approximately two years, where they study and analyze the various rulings. In Egypt, the Institute for Judicial Studies strengthens the skills of male 19 and female judges after they commence work. The Institute provides training courses in languages, IT and others. The Lebanese woman Judge said the institute in its earlier form help to achieve equality between men and women in the chair of the judiciary as the most competent graduate is the one who assumes the chair. Annex 5: (interventions during the first session) 20 Session II: "Women and conditions of judicial work" Chairperson: Judge IhsanBarakat from Jordan Speakers: Judge Albatoul Alnasseri from Morocco Judge Zolfa Al Hassan from Lebanon Judge Ola Hassin from Egypt Judge Sarah Adly Hussein from Egypt The meeting was chaired by Judge Ihsan Zohdy Barakat, Court of Appeal, Jordan and judges from Morocco, Lebanon, and Egypt spoke at the session. Speech by Judge Albatoul Alnasseri ‐ President of the Chamber of Commerce of the Supreme Council, Kingdom of Morocco: The Moroccan judge dealt with three axes in her speech: The first theme, the status of women between Islamic Sharia and international conventions. At the time when the true religion of Islam has honored women and lifted her in the Holy Quran to the rank of prophets, Arab women in all Arab countries played an important role in the national struggle against foreign colonialism and in building their countries in various fields and on all fronts, yet they did not take their due rights that are commensurate with their duties. This might be due to the social heritage, the backward conditions and fanatic trends. An in depth consideration of this inconsistent equation show that one of the obstacles hindering the development of the status of women is the Muslims’ perception of her position. In the name of religion, the status of women in the society has remained the same for hundreds of years. Meanwhile, the family law remained unchanged, and women continued to be deprived of political rights and are denied, in some countries, decision making positions or assuming key public or judicial position. In the name of religion, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is neither signed nor ratified. 21 Accordingly, we believe we should revert to the original and true sources of Islamic Sharia to find out the true tolerant position of the true Islamic religion which support women's rights and respond to some of those who are issuing anti women fatwa’s and rulings. After the Moroccan judge reviewed the stance of Islamic Sharia vis a' vis women's dignity, independent personality, wisdom and equality with men and their right to assume various positions, she reviewed the international conventions on human rights which guarantee women’s rights. The second theme: the eligibility of women in the Judiciary ‐ jurisprudence and law: It is well known that the judiciary is one of the decision‐making positions where the holder has the right to exercise influence in the affairs of others. It entails applying the binding Islamic Sharia ruling to settle disputes between people, to prevent the harm done to the rights of a group or to settle the dispute between the ruler and his subjects. The function of the judge is to understand the essence of the problem between adversaries and to ensure the applicability of legal provisions on the parties concerned. Muslim jurists have given importance and special attention to the judiciary. Some jurists set some 13 stringent conditions to be met by a judge: :Puberty ‐ wisdom ‐ faith ‐ justice ‐ purity of birth ‐ judgment‐ Masculinity ‐ Hearing ‐ Sight ‐ Speech ‐ Freedom ‐ Writing. The third theme: Moroccan women’s Success in the judiciary: The Judge said the preamble of the Moroccan Constitution provides for Morocco's commitment to international treaties. Chapter V stipulates that all citizens are equal before the law. Chapter VIII stipulates that women and men shall enjoy the same political rights whereas Chapter XIII confirms that all citizens are equal in terms of their right to work and education. Morocco has opened wide the door for Moroccan women to assume all posts in the judiciary. She works in the public prosecution and represents the public right in cases of misdemeanors and felonies. 22 The Moroccan female judge works as an investigating magistrate as well as in the sitting judiciary; she considers all kinds of cases (misdemeanor, criminal, urgent, civil, commercial, administrative and personal status) as an individual judge or as a part of collective judiciary. She is also provided with opportunities for various positions of responsibility, where she heads various chambers in the courts of first instance and appeal and the Supreme Council. She also presides over first instance and Appeal courts and family law divisions, in addition to being a member in the Constitutional Council and assumes the post of liaison judge at the embassies of Morocco abroad. This happened during the rule of His Majesty late King Hassan II, and when His Majesty King Mohammed VI may God protect him, took over, a new era of women's lives began in various fields at the forefront of which is the judiciary. The King has worked dynamically to introduce the important changes that took place during the reign of his father's into the Code of Personal Status. During the reign of King Mohammed VI, significant changes have been introduced into the Personal Status Code and also with regard to citizenship in 2004. Moreover, all international conventions against all forms of discrimination against women have been ratified, which gave women's associations a strong impetus to continue their struggle. Suffice it to note that there are five women in the current Government of His Majesty, a woman adviser to His Majesty. Women constitute 11 percent of the membership of the Moroccan House of Representatives. There are also many women ambassadors, directors‐general and governors. Women occupy senior leading positions in the various political parties, trade unions and civil society organizations, where two women are presiding over two of the most important human rights organizations, namely the Human Rights Organization and the Moroccan Association for Human Rights. Moroccan women have climbed the hierarchy of responsibility in the judiciary step by step since 1961 up to date. As for her presence in the various courts of Morocco, the number of women judges reached 643 until the end of 2009 as follows: ‐ In the courts of first instance which amount to 86 courts , there are 337 judges and 63 judges in the prosecution. 23 ‐ In the 21 courts of Appeal, there are 72 women judges and 13 Prosecutors General. ‐ In the 8 commercial courts; there are 49 women judges and six judges in the Public Prosecution. ‐ In the 28 administrative courts, there are 2 presidents and 5 presidents of chambers in the administrative courts of appeal and 23 judges. – The Supreme Council comprises 42 women counselors, President of chamber, one first attorney, three General attorneys, five counselors and two attaches to the Supreme Council. Amongst the six presidents of chambers “practitioners" that make up the Council, the Chamber of Commerce, chaired by Professor Al Batoul Al Nassery, in addition to six counselors presiding over various divisions of the above mentioned chambers. We cannot say that women’s practice of the Judge function has gone very smoothly; the Moroccan society, like the rest of the Arab and Islamic societies, is full of ideas that undermine the status and ambitions of women. In conclusion, the judge said that it was heartening and promising in the Arab world, that most judicial systems have equaled between women and men in the judiciary, leaving only a few which we hope will not remain lagging behind, thus putting into practice the Hadith saying “women are the sisters of men”. Speech by Judge Zulfa Hassan – Judge of Summary Affairs, State of Lebanon In her speech, Judge Hassan dealt with two main themes: Theme I: The status of the Lebanese women and the difficulties they are still facing due to discrimination between men and women. In dealing with this theme, she cited the legislative situation in Lebanon, noting that the Lebanese law guarantees equality amongst citizens, without discrimination between men and women. Article 7 of the Code of Civil 24 Procedures guarantees the right to prosecute and the right to defense for all natural or legal persons whether Lebanese or foreign. Women in Lebanon have full competence as men upon reaching eighteen years of age. Interpretative judgment has established that the exercise of the right to prosecute and the right to defense in court entails no liability, except in the event of right abuse, in accordance with Article 10 of the Code of Civil Procedure. The Lebanese law gives the right to seek legal assistance to both men and women without discrimination, and in all phases of the trial, pursuant to article 425 and the subsequent articles in the same law. The National Committee for the Follow‐up of Women Issues launched, in 2005, its second document eliminating all forms of discrimination against women in Lebanese laws. The study included the nationality law, the labor law, the social security law, the Penal Code and the personal status law. The most important requirements are the following: ‐ The acceleration of the Nationality Law for full equality between women and men. ‐ Equality of the mother and father to take advantage of the family reduction of income tax. ‐ Women as household caretakers are equal to men in the management of the family, as well as in working to ensure women’s equality and enjoyment of all social benefits. ‐ Abolishment of article 562 and the amendment of articles 503 and 504 of the Penal Code. ‐ The issuance of a civil law of personal status. On the progress achieved in judicial provisions and practices, the judge stated that this progress is general and its impact is not limited to safeguarding women's rights in particular. It extends to the protection of human rights in general, thereby contributing to the spread of litigants’ feeling of justice and reassurance. 25 In this respect, the speaker stressed that the Lebanese judiciary is keen to narrow the scope of crimes of honor. Discretionary interpretive judgment established, about ten years ago, that personal motivation is not an honest motivation, and that the killing by the brother of his sister, for example, is not the honorable motive provided for in the Penal Code. It is not a motive free from selfishness or personal considerations, and therefore cannot be used by the offender to benefit from a mitigating excuse. This request is still awaiting an amendment of the Penal Code. The second theme: the status of women in the Lebanese judiciary According to the Lebanese judge, the right to citizenship and the right to equality are human rights that should not be subject to review or compromise or put to vote. These rights are foregone conclusions and an integral part of Islamic law. Islam is innocent of all claims for discrimination between human beings on the basis of sex, race, color, or wealth. Discrimination between men and women is condemned by Islamic law and is contrary to the principles of Sharia as well as to the constitution and international conventions. In many Arab countries, women have become judges as in Syria, Iraq, Jordan, Bahrain, the UAE, Sudan, Tunisia, Morocco, Algeria, Yemen and Lebanon. In the past, Arab women were denied that post by tradition and not by law which never required the exclusive appointment of men to this post. The decision to appoint women as judges has social and professional positive aspects. This judicial post gives women an ability to help other women in revealing many details, especially regarding personal relations between women and men, because women are more forthcoming in talking about their problems and in providing related details with a woman judge. It is these details that may turn out to be critical in support of women's position before the court. Besides, women constitute half the society, and have efficiency, capacity and potential to develop and occupy the highest positions as well as political and administrative posts. Judiciary posts are among the highest and most honorable of these posts. Women judges excel and are more efficient in the fields of personal status and family courts that deal with family affairs and conditions as well as matters relating to marriage, divorce, children and inheritance. Women are often 26 better able to deal with such cases than men, noting that there is no difference between women and men at work as judges in the Sharia courts, because it is based on the holy Koran and the Sharia. Therefore, the sources of its provisions are clear. As for the real need for the presence of female judges in juvenile courts, obviously women are better able to feel the humanitarian issues of childhood, juveniles and adolescence than male judges. I am saying this out of a vivid experience from Iraq, where female judges were more able to pronounce judgments that protect juveniles from delinquency and deviation on humanitarian, legal and social grounds. Indeed, it is certain that a society that marginalizes the role of women suffers from frustration, degradation and discrimination. The Lebanese judge reviewed the stages leading to an acceptance of women judges in the Lebanese judiciary. Initially there was the stage of accepting the presence of women in the Lebanese judiciary. It was followed by the stage of the Lebanese women reaching sensitive and influential positions in the Lebanese judiciary. At the current stage, female judges in the judiciary body still face difficulties, such as short maternity leave as well as assignment to work in places other than the places of their residence. At the end of her speech, she emphasized that although Lebanese women are facing some difficulties in working in the judiciary, they are enjoying acceptable, or rather good conditions, both in terms of the number of women in the judiciary and access to senior positions, or in proving their ability to carry out efficiently all aspects of judicial work. Practically, there is no discrimination between female and male judges. Besides, the difficulties faced by women judges are much less than those faced by women working in other sectors. Speech by Judge Ola Hussein Kamel Hanafy, Egypt: Chief Justice, Court Category (b), the Giza Court of First Instance The Egyptian judge stated at the beginning of her speech that she was one of the first thirty female judges appointed in Egypt and has attended a number of training courses abroad. She also talked about the importance of the role of women in society, as they represent half of the society and are men's partners 27 in life. She further said that since her appointment in 2007, she has proved her efficiency and competence in the judiciary, although at the beginning of her career she was appointed in governorates she was not living in. However, as a woman, she was patient and perseverant. She added that scientific research has proven that the composition of women’s brain does not differ from that of men. She went on to talk about her career before joining the judiciary. She said she is the only one among women judges who worked in most of the specializations of the civil justice system, which is characterized by dealing with difficult cases. She further noted that as the chief justices of the Giza Court of First Instance, had trusted her efficiency as a judge, they assigned her to those specialized circuits in civil court which require a high degree of professionalism and the exertion of great effort to decide on the various cases in this specialization. Speech by Judge Sarah Adly Hussein, Egypt: Chief Justice, North Cairo Court of First Instance Egyptian Judge Sarah Adly Hussein spoke at the outset on international conventions, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and that Egypt and other Arab countries did not hesitate to sign it, while the United States and some European countries refrained. She indicated that Egypt and Arab countries are moving towards reform. She further referred to the trend in Egypt to appoint female judges, thanks to Mrs. Suzanne Mubarak. Batches included the appointment of (3000) male judges and (42) female judges. She noted that this ratio is almost weak for women, but is good as a promising start for a bright future for women judges in Egypt. She then commented on some arguments that working conditions in the justice system do not suit women. She dismissed them as a tool to thwart women in the judiciary. Then she reviewed her experience with the training courses she got with three women judges from Morocco where judges take cases home for three days. Compared to the Egyptian justice system, each department considers the case in 3 days and the rest of the days the judges work from home. The obstacle was how to conduct deliberations. Verdicts are signed by (3) judges who must conduct their deliberations on them before signing them. To solve this problem, three 28 suggestions were made, namely: • Deliberation of the case one hour before the sitting. • Deliberation after the sitting. • Contact by phone or email with the head of the sitting. By working as a judge, she faced some problems in the beginning with the heads of court departments because they were not willing to accept the situation. However, they ultimately accepted it. Some of them literally said “when I heard I am going to deal with a woman in my work, I felt it was catastrophic; but after a year and a half I changed my mind”. Later on, we found that our bosses are proud of us and support us in our work. They also advise us that we do not confine our work to Family Courts and should work in the civil justice system. In conclusion, she proposed that the Alliance invite to meetings like today’s, male heads of circuits and judges that the women judges had worked with. Interventions: The participants raised questions on what was said at this session, including: • How do women balance their family duties and child‐aising, on one hand, and work as a judge on the other? • How would women sit on the podium if they are pregnant? • How to solve the dilemma if women are assigned to work far from their place of residence because men work far from their residence a lot? • What is the role of lawyers vis‐à‐vis the problems which women faced as judge at the beginning? • Is residence in the in the province of work compulsory for women judges? • Do Arab women have to be superheroes to prove to the world that they are able to strike a balance between work and family obligations? • There are only 3000 judges in Egypt, which puts a significant burden on them and leads to prolonged periods of litigation until verdicts are passed. It is said that justice delayed is injustice. Hence, barring women from the post of judge forever delays the administration of justice to citizens‐ men and women‐ in a 29 timely manner. The entry of women to the judiciary is not only a matter of right for them, but also has to do with the right of every citizen to expedite the process of litigation. Comments by the speakers stressed that the employment of women as judges did not affect their management of their families’ affairs, because work in the judiciary enriches women and makes them wiser in dealing with children. It also enriches children with information. Besides, working women, whether as judges or otherwise, know how to balance work and family. As for pregnancy and childbirth, they are women's rights and there is no problem with them. Women have the right to get maternity leave, whether they are judges or not. It was also stated that when thirty women judges were appointed in Egypt, not all of them were assigned to their places of residence. Some were appointed in other governorates and this did not constitute a problem to them. The experience was very useful. Furthermore, their stay in the work region is not mandatory. The women judges who are appointed in the provinces they are not residents in, work in courts for three days a week. . It was also stated that at the end of the day a lawyer is an adversary and his main concern is with the law regardless of the fact that the judge is a man or a woman. . It was further stated that women have to change the social legacy and to demonstrate that they are exceptional in order to open the door for the appointment of other judges, because the burden is on the first generation of judges to pave the way for others. Annex 6 (Speeches by the speakers in Session II) 30 Day 2 The second day began with an opening speech by Judge Tahany El‐Guebali ‐ Vice President of the Supreme Constitutional Court, Arab Republic of Egypt. The Egyptian judge dealt with the main implications of the Egyptian women’s access to the judiciary. The Egyptian judge began her speech by mentioning the date of women’s accession to the judiciary since Professor Dr. Aisha Rateb opened the judiciary to Egyptian women. Judge Guebali pointed to the sovereignty of political decision in Egypt and its siding with right and its trust of women's abilities. She noted that the question of women in the judiciary is an issue of comprehensive development and is not limited to what is happening within the judiciary. The judge shared her personal experience when she was the only woman in a male –dominated society in the Permanent Bureau of the Arab Lawyers Union. She also won men’s confidence and got membership of the Supreme Constitutional Court as yet another experience in an all‐ man community. She said that rights are exercised by speaking about them. It is the actual exercise of rights itself that causes the desired change. The existence of rights in texts and provisions is not the ultimate end. It is the realization of rights on the ground that achieves equality. She also stated that women had always been waiting for respect for their rights although, from time immemorial, women stood on an equal footing with me in carrying out their responsibility. However, at many stages women waited for their right to take up posts in public life. There were cultural gaps which women faced, but we have to say that there were always informed circles, including supporting official circles. She concluded her speech by encouraging judges to be part of an enlightening battalion and not to confine themselves to courts and the roles of their profession. 31 Day 2‐ Session 3 "The role of the state and women in leadership positions and the judiciary" Chairperson: Judge Sahar Akkash Speakers: Judge Bushra Al‐Alawi, Morocco Judge Ihsan Barakat, Jordan The meeting was chaired by Judge Sahar Akkash, Member of the Legislation Department at the Ministry of Justice, Syria. Speaking in the session were women judges from Morocco and Jordan. Judge Bushra El‐Alawi ‐ Court of Appeal in Morocco The Moroccan judge asked at the beginning whether women's work is a grant or a right. She sees it as a right. Then she spoke about the challenges women are facing and their ambitions. She noted that in some communities there is fear of women’s excellence. She further noted that change in attitudes towards women’s work must be gradual. She asked whether women succeed in the judiciary. Her reply was “Yes, through a combination of work at home and family responsibilities.” Then she spoke about the evolution of women in the judiciary in Morocco and about the role of the Ministry of Justice internally and externally, and the presence of a judicial institute. She also spoke about the role of the Ministry in sending judges to training courses and meetings. Judge Elwi then talked about the governmental agenda in addressing gender issues in all programs (2010‐2012) in Morocco. She said she expects that there will be more successes for women in Morocco and more women judges in other Arab countries. She also explained efforts to promote women proper representation in Morocco, adding that the Supreme Judicial Council does not have any women so far. At the end of her speech she said that there are 642 women judges in the judiciary in Morocco and reviewed their distribution among various courts and their chairmanship of different departments in Morocco. 32 Address of Judge Ehsan Barakat‐ Chief Judge at Court of Appeal, Jordan The floor was given to Judge Ehsan Zohdy Barakat, Chief Judge at Court of Appeal in Jordan. She addressed how the state had contributed to women’s access to leading and judicial positions, underlining the effective and pivotal role the state undertook in this respect. The state indicates the statute of the legislative authority that enacts laws and the executive authority that implements the laws. She discussed equality before the law and further emphasized that women constitute a substantial creative potential. Hence, the state has to eliminate all the hurdles that impede women’s access to high‐
ranking positions. The state has a legal responsibility to bear; it has to enact and observe laws, and secure the implementation process. The Judge has stressed that God addresses men and women jointly. The state has to create a favorable environment to entrench the “rule of law” principle and secure the right to equality in order to exploit all the available potentialities, especially that most of the students who rank first at the Colleges of Law are female; the same applies to the graduates of the judicial institutes. She wondered why women were marginalized. In conclusion, she requested the provision of guarantees, elimination of impediments, and adoption of national strategies to realize equality in all fields. Interventions Honorable Judge Tahany Al‐ Guebaly commented on key points mentioned in the words of the panelists in this session: 33 1‐ International covenants resemble a source for observance of women’s rights. She believes that there is a polemical Arab issue related to the cultural and judicial specificity of the Arab society. This polemical nature is imposed on us in the dialogue as there is always an emphasis on the hard‐line vis‐à‐vis enlightened jurisprudence; and against the so‐called state pressures. True, the society acknowledges its adoption of Islamic Sharia, however, certain issues are still controversial. As these issues are not definite, any disagreement in opinion entitles us to differ and to demand a religious ijteehad (i.e. independent reasoning) at the Arab level and an up‐to‐date jurist consensus. 2‐ Avoidance of any endeavors to “extort’ rights. She wondered why the emphasis that pressure is exercised only in the field of women’s rights; there are numerous political and economic pressures, however, no one questions their specificity. Our voices have to be reverberated as regards the insult to our Arab history with the use of the specificity rationale, inimical to equality and justice. 3‐ Ownership of a national agenda. Hon. Judge Al‐Guebaly called for the assignment of a day for Arab women judges to celebrate their accomplishments. 4‐ The role of the sate in women’s access to the judicial positions is part of its legal obligation. It is not a grant to be awarded as any modern state is obliged to do so. In a comment on the address by Hon. Judge Boshra, a judge observed that the society is waiting for women to err, at the family or professional level. If women prove a success, this attitude will vanish. As regards women’s creative potentials, the core is to provide the opportunity for women to give vent to these potentials, irrespective of being a judge or not. 34 Judge Rabab expressed her wish that the retrogression that Judge Tahany feared would never happen, aspiring that change shall always be for the better. She proposed the formation of an association for Arab female judges to meet regularly and highlight the accomplishments of Arab women. She further suggested that this association could be a branch of the Arab Women Association, as the organizer of this conference. Judge Boshra observed that access to right has to be incremental. Concerning the celebration of a day for female judges, she takes pride in the establishment of an Arab association that hosts all Arab countries. She addressed the husband’s substantial role in helping the woman to reach this position. He can simply constitute a hurdle at home, finally driving her to quit her work under the pretext of failure to honor her obligations. On the other hand, the husband can support his wife and relieve her psychologically to enable her to do her work. Each spouse has to relinquish some of his/ her rights. Hon. Judge Ihsan Barakat commented that the judiciary is a critical utility. Objective standards are needed to highlight women’s access to this public position. Women in the judiciary are decision makers, and guarantors of rights and freedoms. Accordingly, women occupy key positions in one of the most crucial authorities nationwide. Concerning the Legal Network of Arab Women that the Jordanian judge suggested as an entity that fosters the interests of Arab female judges, it an informal legal network that hosts 18 countries. The Network is keen to promote the efficiency of Arab women in all the legal fields. It further designs professional training programs. The Network seated in Jordan has 590 female members from the Arab countries. 35 Hon. Judge Tahani Al‐Guebaly from Egypt expressed her wish that the countries would become committed through the Ministry of Justice and the Secretariat of the ministers of justice in the League of Arab States (LAS) instead of being an unheard‐of non‐governmental entity. She added that this matter should be submitted through the permanent Secretariat to the Arab ministers of justice to form this association under the umbrella of the League of Arab States. Countries have to be committed in order to support the civil society. Thereupon, the state commitment shall become an integral part of the concept of development in the Arab society. - Comment from LAS: A procedural intervention was suggested. The participants are requested to prepare an explanatory note concerning the adoption of an Arab Day for the female judge. The note together with recommendations shall be submitted to the Council of Arab ministers of justice. A participant observed that the core and crux of the whole issue is in the implementation of the law and not its enactment. There are laws that equate between men and women. Implementation is negatively reflected on women. She further added that the Egyptian law on the judicial authority does not differentiate between men and women. However, the dominant mindset is differentiation; to change the mindset necessitates an exercise of rights. She followed up that women’s issues are incorporated in the five‐year plan in Egypt, as is the case in Morocco. In addition, women’s involvement in the non‐
governmental organizations is essential as they do not voice women’s rights but the community right as women have to work for the community to walk on two feet not one foot. The core issue is for women to stand on solid grounds at work; actions then become louder than words. Another participant stressed the need for a practical study on Egyptian female judges and their feats in the past period. 36 Annex VII (panelists’ papers, Session 3).
37 Session 4 Women and elements of success in the judicial work Chairperson: Judge Rabab Mostafa, Sudan Speakers : Judge Jamila Al‐ Khaziry, Tunisia Judge Sahar Akkash, Syria Judge Rabab Mohammed Mostafa, Sudanese Judge at the Supreme Court, chaired the session. There were two panelists from Tunisia and Syria. Address by Judge Jamila Al‐Khaziry‐ Senior Judge at the Court of Appeal, Nabel At the outset, the Judge underlined some of the objective factors that helped entrench the position of female judges in Tunisia. As of independence, the march of reform and modernization has started, championing the liberation of women. The Personal Status Code promulgated in 1956 formed an effective legal mechanism for the support of Tunisian women. The Constitution promulgated in 1959 stipulated that: “… all citizens are equal in rights and duties; and are equal before the law.” As a result of women’s dedication and seriousness at work, proving to be a vital partner to men in community development, women’s assumption of the judge position in Tunisia was accepted and encouraged. The first female judge was appointed in October 1968. At present, the number of women judges amount to 547 out of a total of 1842, i.e. 29.7%. She further emphasized that the civil society organizations played a pioneering role in enhancing the gains of Tunisian women in all fields and positions. 38 Judge Al‐ Khaziry presented her personal experience as a Tunisian judge, explaining that this profession was not by sheer chance but a dream she had had ever since her childhood out of belief in the sublime goal of the judiciary. She graduated from the College of Law and Political Science in Tunis in 1977; was appointed in 1978 in the Court of First Instance in Monastir; a counselor at the Court of Appeal in Sousse; then deputy chief justice of the Court of First Instance in Sousse and finally Chief Justice of the Court in 1999. In 2003, she became the Training Manager at the Higher Institute of Judiciary. In 2007, she became Deputy at the Chamber of Deputies and Advisors, Court of First Instance, Ariana. As of 2008, she has become the Senior Judge, Court of Appeal, Nabel , which is considered the highest position in the Tunisian judicial system. Judge Al‐Khaziry further added that being a woman did not hamper her progress. She managed to prosper and get promoted to reach the highest judicial positions. Her career did not conflict with her personal life. Her colleagues appreciated her efforts and held her in high esteem. She has stressed that her success career‐wise is not only confined to her humble self but is true of several female judges in Tunisia, reflecting the lofty position of Tunisian women. This was only feasible through the aforementioned objective factors, mainly the genuine political desire to promote women’s status. The Judge expressed her opinion in women assuming the position of judges. Islam does not prohibit this as the essence is permissibility. According to the Holy Quran, women have occupied prestigious positions. As enshrined in Surat Tauba ( Repentence), verse 71 : The Believers, men And women are protectors, One of another: they enjoin What is just, and forbid What is evil: they observe 39 Regular prayers, practise Regular charity, and obey God and His Apostle. On them will God pour His mercy: for God Is exalted in power, Wise. Judge Al‐Khaziry concluded that women’s rights are human rights. It is incumbent to open new horizons for the Arab women, and strengthen efficiency through full partnership with men in the household and in the community.
Intervention by Judge Sahar Akkash‐ Member of Legislation Department, Ministry of Justice, Syria
Judge Akkash started her intervention by stressing that women’s access to the judicial positions has always been subject to a lot of debate and controversy. As for Syria, it witnessed tremendous institutional developments where women assumed several positions. The first female judge was appointed in 1975. In 2009, the number of Syrian female judges amounted to 200 out of a total of 1307, i.e. 13.7%. Their positions far exceed the numbers in importance: • 54 female counselors • 2 attorneys general • 10 in the Court of Cassation In addition, there 250 international lawyers in Syria out of 400 in total, more than male lawyers in this respect. The number of women in the judicial field is on the rise. The state relentlessly seeks to entrench the culture of women empowerment. 40 Women are always under the microscope, especially if they err, unlike men. Judge Akkash has been keen during her work as a chief judge at the Court of Cassation and the chief justice of the Court of Appeal in Damascus for 9 years to eliminate the emotional trait associated with women. She concluded that there are certain elements of success that women have to enjoy in order for them to prosper in this field: knowledge and efficiency; and familiarity with the key cases, rulings and judicial opinions in their country and other countries in order to acquire more experience. Women have to be tactful, courteous, self‐composed and balanced. Furthermore, impartiality, self‐denial, and observance of customs and traditions are essential. Interventions Some attendees mentioned that shedding light on the role of female judges and answering to the opponents’ claims was not their responsibility. Some are not eligible to become judges, be they men or women. Judge Rasha Mansour, chief justice of North Cairo Court and the first female chairperson of a circuit in Egypt added that the following results and suggestions could be concluded from this session: • Significance of the role of national constitutions; • Dissatisfaction with the present number of women judges, and pursuit to increase their numbers particularly in the Arab countries that have a limited number of women judges or where women have no access to the judiciary; • Application for jobs shall be open to men and women to realize equal opportunity principle; • Highlights of the success of female judges, and the importance of media coverage; 41 • Refuting the allegations of opponents as regards women’s access to the judicial positions, and the adoption of objective requirements for both sexes‐ not all men are eligible and vice versa Annex VIII: Addresses of panelists from Tunisia and Syria. 42 Closing Session Chairperson: Judge Boshra Al‐Alawi, Morocco Panelist : Dr. Fatma Khafagy, Alliance for Arab Women Judge Boshra Al‐Alawi, judge at the Court of Appeal, Morocco, chaired this session. Dr Fatma Khafagy presented the key points discussed during the two days, and the recommendations agreed‐upon. 1‐ The state has to undertake the role of enabling women to have access to the judiciary, opening all horizons before them, by virtue of the constitution and the international conventions which the Arab countries acceded to. 2‐ Women’s success to assume and maintain the position of a judge, and to get promoted rest on the following: a‐ Political will b‐ Women’s efficiency c‐ The supporting role of the civil society, especially the feminist associations. 3‐ It is imperative to open the field of public prosecution before female graduates of the Law Schools in Egypt with the purpose of increasing the number of women judges in Egypt, realizing gender equality in this domain. 4‐ The limited number of female judges in Egypt results in further burden for male judges, since they have to handle a large number of lawsuits and therefore sentences are delayed. Delayed justice is no justice, as they say. Accordingly, opening the horizons for women to become judges from the beginning through the public prosecution shall benefit the society at large. 43 5‐ The Judicial Studies Institute shall qualify all graduates to become judges. This is the first step towards gender equality on the basis of merit and not sex. 6‐ The state has to create a favorable environment to enable women to attain their rights and become judges. 7‐ The state has to address the procedural problems that women judges in some Arab countries face, such as short maternity leave. 8‐ The civil society has to document the success stories of women judges in Egypt and other Arab countries. 9‐ The civil society has to raise awareness regarding the significance of having women judges; discuss the groundless allegations used to exclude women from key positions; and reveal that a great portion of a judge’s work is conducted electronically through the internet and e‐mail. The claim that a female judge cannot reconcile between her family responsibilities and work is groundless. 10‐ A recommendation shall be submitted to the League of Arab States, to submit in turn, to the Council of Ministers of Justice to approve the selection of a Day for Arab Women judges that would coincide with the date of the appointment of the first Arab woman judge (in Morocco). 44