Since the onset of the democratic spring in the Middle East and North Africa in 2011, known as the Arab Spring in 2011, women have been at the forefront of the protests across the region. From Freedom Square in Tunisia to Tahrir Square in Egypt, Clock Square in Homs, Pearl Square in Bahrain, and Martyrs’ Square, women have played pivotal roles in demonstrations spanning the Arabic-speaking region. The right to freedom of peaceful assembly holds particular significance for women, serving as a platform for them to voice their concerns, engage in public discourse, advocate for equality and justice, and contribute to positive societal changes. However, women in many countries across the region have encountered challenges and barriers in exercising this fundamental right. They were subjected to threats, arrest, and sexual harassment while participating in demonstrations, as well as discrimination and repression from both authorities and society at large. More recently, women of the region have continued to lead demonstrations in support of Gaza, albeit this time from exile, and countries of asylum whose governments endorse genocide and the Israeli apartheid regime.
Legal entry
Women’s right to peaceful assembly is safeguarded by eight key international human rights instruments including the Universal Declaration of Human Rights (Article 20), the International Covenant on Civil and Political Rights (Article 21), the International Covenant on Economic, Social and Cultural Rights (Article 8) and the Convention on the Elimination of All Forms of Discrimination against Women-CEDAW (Article 7), the International Convention on the Elimination of All Forms of Racial Discrimination (Article 5), the Convention on the Rights of Persons with Disabilities (Article 29), the Convention on the Rights of the Child (Article 15), the Declaration on Human Rights Defenders (Articles 5 and 12), and the ILO Convention on Freedom of association and protection of the right to organize (No. 87).
Additionally, this right is protected by regional treaties such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 11), the African Charter on Human and Peoples’ Rights (Article 11), the African Charter on the Rights and Welfare of the Child (Article 8), the Arab Charter on Human Rights (Article 28), and the American Convention on Human Rights (Article 15), the European Convention on Human Rights (Article 11) and the European Union Charter of Fundamental Rights (Article 12).
From traditional violence to innovative violence
The issue of the right to peaceful assembly and association for women is an intersectional matter that necessitates discussions about the discrimination to which women in general, and female activists in particular, are exposed. The contemporary feminist understanding of the term “intersectionality” dates back to 1989, Kimberlé Williams Crenshaw, an American activist and pioneering scholar in the field of critical race theory, coined the term. Crenshaw introduced “Intersectionality” to elucidate and analyze the unique and multifaceted experiences of oppression and discrimination encountered by black women in America. This concept emerged as a response to the prevalence of “white feminism” in Western American discourse, which focused only on the experiences of white, middle-class women while disregarding the experiences of women of other racial backgrounds, social classes, and ethnicities. Consequently, the term “intersectional feminism” refers to how systems of oppression intersect to shape women’s diverse experiences based on factors such as gender, race, social class, religion, national origin, disability, educational level, and sexual orientation.
Therefore, to understand the violations of women’s right to peaceful assembly, it is necessary to look at the gender-based violence that women are exposed to while exercising this right as structural violence directly related to the imbalance of social, economic, and political power between men and women. Hence, raising the issue of women’s right to peaceful assembly from an intersectional angle is important to demonstrate that women’s identities are not separate categories, but instead intersect to affect each woman in a different way. In the case of women in the Arabic-speaking region, these intersections come together to form patterns of discrimination that women share.
To address the issue of women’s right to peaceful assembly, it is essential to analyze and understand several influential factors, such as the culture of discrimination and violence rooted in our societies. Violence and discrimination against women participating in protests often begins before they take to the street. As soon as they express their desire to protest, they face oppression from their families and societal stigma, as society often believes that “the street is not for women” and that “women’s place is in the home.”
On the street, violence escalates into harassment, as well as physical, sexual, and verbal assaults, bullying, and abuse. These violations are often reinforced by the involvement of the security authorities, either directly through attacks carried out by security personnel, or indirectly, by turning a blind eye to attacks carried out by civilians against female demonstrators. In this context, HuMENA for Human Rights and Civic Engagement had published testimonies of Lebanese women recounting the violations they experienced during their participation in demonstrations and protests from 2019 until today. The testimonies highlight the “traditional” violence they face in public spaces as women, as well as “innovative” forms of violence practiced by the authorities on women, such as violence against their children in front of their eyes to intimidate and deter from participating in the protests.
The MENA Region: A Closer Look
On September 30, 2023, demonstrators in Beirut were attacked during the Freedoms March organized by more than 24 civil society organizations, led by feminist organizations, to protest the recent crackdown on personal and political freedoms in Lebanon. However, during clashes that lasted for nearly an hour, members of the Internal Security Forces present at the scene did not intervene effectively to prevent dozens of assailants on motorcycles from throwing stones at demonstrators, physically assaulting them, and directing anti-LGBT insults. After this incident, at least two demonstrators were transferred to hospitals due to injuries and bruises to the face and eyes.
In Iraq, the main slogan of the October 2019 demonstrations was, “Nrid Watan-We want a country”. This slogan reflects what many Iraqis have lost: a functioning and livable state with strong infrastructure and services, in addition to the ability to live without fear of being killed by a vast network of armed groups simply for expressing demands. The unprecedented scale of women’s participation transformed what could have been just another wave of popular protests into an uprising. Thousands of Iraqi women chanted the slogan “Your voice is not a shame, your voice is a revolution” in Tahrir Square in Baghdad. The demands raised by women reflected the daily challenges they face amid the economic crises, the collapse of state institutions, waves of violence and militarization, and the rise of patriarchal conservatism.
Since that moment, at least 540 peaceful demonstrators have been killed, 20,000 were injured, and many forcibly disappeared. While most of the protesters killed during the uprising were on the front lines of confrontation with Iraqi security forces during the protests, women were also targeted. Female protesters such as Saba Mahdawi and Mary Muhammad were kidnapped. In Basra, Sarah Talib, her husband Adel, and Reham Yaqoub were killed by armed groups, and Zahraa Ali was killed in Baghdad.
In Tunisia, women’s activism during the 28-day Jasmine Revolution in late 2010 and early 2011 inspired thousands of citizens to unite against the then Ben Ali regime. Tunisian women brought their social issues to the forefront and demanded equality in rights and freedoms. Despite often being subjected to violent harassment by security forces, women have managed to challenge patriarchy and disrupt gender norms in Tunisia. However, political unrest and economic stagnation returned in late 2016, leading to a second wave of protests at the end of 2018. In 2021, as a result of the repression and tyranny exercised by President Kais Saied, elected in 2019, almost daily protests broke out across the country. In January 2021, demonstrators on Habib Bourguiba Street called for the “overthrow of the regime,” recalling slogans from the first wave of the Arab Spring. Security forces, however, beat the demonstrators with sticks to disperse the opposition’s protest against the president. Nonetheless, Tunisian women activists protested vigorously online, in the streets, and in the political arena, steadfastly fighting for their causes and rights. For example, Aswat Nisaa launched the Women’s Political Academy, which has trained more than 200 current or aspiring female politicians and community leaders under the age of 35 on how to integrate gender issues into public policy and work across party lines to advance women’s rights. After President Kais Saied dissolved the Supreme Judicial Council in February 2021, some feminist organizations, such as the National Union of Tunisian Women and the Tunisian Association of Democratic Women, were targeted and accused of serving foreign interests.
In September 2022, the Tunisian President signed Law 54 , which prohibits all foreign funding for non-governmental organizations in Tunisia, regulates civil society movements in the country, and gives government authorities carte blanche to interfere in the way civil society operates. This has restricted the work of civil society organizations, particularly feminist organizations and human rights organizations. Despite Tunisia’s democracy gradually declining, the continued efforts made by women have proven their resilience and vision for a more democratic Tunisia.
In Sudan, women were at the forefront of demonstrations and played a key role during the 2019 uprising that led to the overthrow of President Omar al-Bashir. Pictures of Alaa Saleh, the architecture student who became the icon of the Sudanese revolution, chanting “Haboubti kandaka,” became widespread at the time. Since the start of a series of protests in 2022 against the dismissal of the last civilian-led transitional government, Sudanese citizens have marched, demanding the return of constitutionalism. However, the ongoing war between the army and the Rapid Support Forces is being fought over women’s bodies, as the Rapid Support Forces use rape of women as a systematic weapon of war. Human rights and feminist associations documented more than 200 cases of rape against Sudanese women during the nearly year-long conflict. In addition to sexual assaults, there have been cases of assassination and killing of women due to their activism, such as the murder of Siham Hassan Mustafa, a volunteer in the Women’s Response Room in Al-Qarif.
The situation is no different in Bahrain. On February 14, 2011, tens of thousands of Bahraini men and women demonstrated peacefully for greater civil, political and human rights during the Arab Spring movement that swept the region at the time. The government responded with violence, suppressing civil and political associations and targeting human rights defenders and political figures. Zainab Al-Khawaja, a Bahraini activist, was arrested on February 12, 2012 while participating in a march toward the Gulf Cooperation Council Roundabout (also known as Pearl Square) in Manama, the capital of Bahrain. She was charged with “unlawful assembly of more than five people” and “participating in an illegal march”. Zainab Al-Khawaja had previously been arrested for participating in a public protest on December 15, 2011 alongside Masouma Sayed Sharaf, and reported that she was beaten during her arrest.
In the following years, and especially since 2017, the government has intensified repression through arrests, detention and condemnation of Individuals who draw attention to the Kingdom’s human rights record or criticize the government. Female activists such as Amira Al-Qashmi, Ibtisam Al-Sayegh, Faten Nasser, Hajar Mansour, Madina Ali, Najah Youssef, Zahra Al-Sheikh, Zainab Marhoon, and Zakia Al-Barbouri were all targeted by the authorities in an attempt to eliminate their human rights activism and prevent them from expressing their political opinions. They were convicted in unfair trials under Bahrain’s broad counter-terrorism law.
In Saudi Arabia, Israa Al-Ghomgham, a well-known Shiite activist, was arrested on December 6, 2015, along with her husband Musa Al-Hashem, after participating in the 2015 protests against the state’s abusive treatment of Shiite citizens. Al-Ghomgham was denied access to a lawyer during the early stages of her detention. On August 6, 2018, Al-Ghomgham’s trial began before the Specialized Criminal Court and she was charged with several Charges Criminal charges , including “participation in protests in the Qatif region,” “incitement to protest,” “chanting anti-regime slogans,” “attempting to incite public opinion,” “photography of protests and publishing on social media” and “providing moral support to the rioters,” the Public Prosecution then demanded the death penalty. On February 10, 2021, the Specialized Criminal Court sentenced Al-Ghomgham to eight years in prison, followed by an eight-year travel ban in October 2022. The appeal increased Al-Ghomgham’s sentence by five years, to 13 years in prison.
In May 2018, the Saudi authorities arrested some of the country’s most prominent female human rights defenders, such as Loujain Al-Hathloul, Nassima Al-Sada, and Samar Badawi, due to their activism and peaceful demand for women’s right to drive cars, ending the male guardianship system, and achieving justice and equality. They were accused of committing fictitious crimes. Most of them were released few years later, but they have been banned from continuing their activism or traveling outside Saudi Arabia, and some are still on trial.
The situation may be worse in Egypt and Syria, but to monitor and explain everything that women were exposed to as a result of exercising their right to peaceful assembly in these two countries, we need a separate analysis, different approaches, and special methodologies. The popular uprisings in these countries have atypical characteristics and outcomes, requiring an in-depth deconstruction and analysis of concepts such as the centrality of the body In social culture and conflict, the militarism, exile, and a detailed analysis of the rise of patriarchal conservatism and traditional family values.
The centrality of the woman’s body in the street, between control and protection
Repression, arrest, sexual assaults, and assassinations are some of the tools that the authorities and armed groups have used against women who have shaken the foundations of oppressive patriarchal systems and participated in demonstrations and protests. However, the issue of violence extends to a broader scope than the violence of authority. Female demonstrators in the streets face another form of violence, which is the guardianship exercised over women in the squares by the “ally” male demonstrator. This underscores that the issue of the centrality of women’s bodies is always present during protests and movements, whether as a tool for oppression or liberation. It can manifest either by repressing this body socially, culturally, or politically, or considering it as private property and attempting to protect it.
This type of practice often has one root cause: the patriarchal system asserting ownership over the square, the street, and the women’s body. It dictates whether women are allowed to participate in protests and demonstrations and engage in public space and it determines the margins and limits of women’s movement in those spaces. This concept was highlighted feminist academic Denise Kandiyoti, who argued that women’s bodies are an essential tool for defining the identity of the post-colonial state in the Arabic-speaking countries. Arab nationalism, according to Kandiyoti, regards women’s bodies as crucial in defining the group’s identity. Both modernists and conservatives construct their image of the nation around an idealized image of women, influencing various political projects. Thus, the policies of modernity and their concepts of identity intersect deeply with the issue of gender.
Therefore, it can be said that there is a thin line that separates the modernist man’s guardianship over women during demonstrations and protests from being an ally of the feminist movement. Being an ally requires a man to believe that a woman is his partner in and on the street, and to develop an undiminished and objective understanding of the dynamics of relationships and the balance of power. This understanding must not isolate violence and the question of the centrality of the body from their historical, political and cultural contexts.
The first step to developing this understanding may be for the male allies to stop practicing what is known as mansplaining. Some men go on to explain to women what feminism is, who is a good feminist, what patriarchy is, who the victim is, and what tools and tactics that we must use. This ranges from language to participation in demonstrations and extends to physical and sexual freedoms. This behavior reproduces historical narratives fueled by structures and policies established by dominant groups, which are predominantly patriarchal. These structures are based on hierarchical relationships, domination, discrimination, submission, and unjust policies, and they lack inclusive and legal frameworks that protect and guarantee women’s rights, including the right to peaceful assembly at the national levels, as well as accountability for perpetrators of violations and violence against women.
This requires us, as women human rights defenders and activists in the field of human rights in general, to analyze and approach each human right from an intersectional feminist perspective. We need to think together about how to reach safe and enabling spaces and environments in which women can fully exercise their rights. This involves moving the discussion of the centrality of our bodies in the street and protests from individual thoughts and contemplations to the stage of “post-politicization of the body” by engaging in public and political debates. It is crucial that this debate be conducted on our terms and with sensitive and inclusive intersectional standards that view guardianship as a type of violence and reject it for any purpose, whether to control or protect.
