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19 March 2020 | Story Opinion article by Prof Hussein Solomon | Photo Supplied
Hussein Soloman
Prof Hussein Solomon, Senior Professor: Political Studies and Goverance

The world celebrated International Women’s Day on 8th March 2020. Such symbolic days, however, seem to have little effect on the actual status of women in the world as a recent United Nations report notes. Despite strides towards greater gender equality, the world body notes there is not a single country which has achieved gender equality. Moreover, 90 percent of men and women hold some bias against females. The statistics are alarming: 50 percent of men thought they had more rights to a job than women, and a third of respondents in 75 countries felt it was acceptable for men to hit women. In China, 55 percent of respondents felt that men make better political figures. Even in what used to be regarded as the bastion of liberal democracy, the USA, 39 percent agreed with the statement that men make better political leaders than women.

Participation of women in the labour force

Disappointing as these figures are, there is hope if one considers how patriarchy is being overcome in the Middle East North Africa (MENA) region. It is here where patriarchy first developed between 3100 B.C and 600 B.C. It is also the region which has experienced the least gender progress in the world. The figures are incontrovertible. Given the widely held view that women belong in the domestic sphere focusing on keeping house and child-rearing, there are low rates of participation of women in the labour force. Only 24 percent of women in the MENA region are employed, whilst the figure for their male counterparts is 77 percent.  Moreover, according to a report of the International Labour Organization, young women with higher education have a slim chance of entering employment than their less-educated male counterparts. This has negative consequences for the household economy and the economy at large, and it perpetuates greater dependence male family members (husbands, fathers, brothers) -patriarchy, built as it is on vertical power relations, is further entrenched.

The absence of women in positions of power is glaring in the MENA region, as is their absence in governance which is made possible by patriarchal attitudes.  According to the Arab Barometer the majority of respondents believe in limiting the role of women in society. Within the home, 60 percent believe that the husband should be the final decision maker in matters impacting the family. Moreover, only a third of the Arab public believe that women are as effective as men in public leadership roles.

Resisting marginalisation

Whilst the marginalization and oppression of women is a sad truism of MENA countries, this should not be the norm. Patriarchy was constructed and can be deconstructed. The challenge for feminists then is to actively resist their marginalization in conjunction with other progressive players and to utilize the tectonic changes underway in the Middle East – from the penetration of the internet, to making common cause with progressive forces in society to open up the democratic space. Democratic space in this sense does not only mean the fight for the ballot but also emancipation in every sense – including freedom from patriarchy. There is reason to believe that some of this is beginning to happen in the region.  Consider, for instance, how Morocco’s rural women in an effort to access land from conservative tribal authorities, formed action committees called Sulaliyyates. These challenged tribal authorities and women’s subordination in the family and the work place.

There is reason to believe that women’s experiences in mobilizing against authoritarian regimes in the region have resulted in a new consciousness on their part. They see the connection between their own oppression and the need for emancipation of the broader society. When women took to the streets against Al-Bashir in Sudan it was their awareness of how fuel shortages and inflation brought on by corrupt and inefficient governance were increasing household food security. Following the July 2019 agreement between the military junta and the alliance of opposition parties, there was an effort to force women back into the home to play their “traditional” roles. However, women have remained politically engaged and mobilised – decrying everything from the persistence of sexual harassment to demanding the prosecutions of those involved in wrong-doing from the Bashir era.

Social justice and gender equality

Women activists are also pushing back on the streets of Tehran, Ankara and Algiers. In Tehran, women’s’ grassroot movements are calling on Islamic Republic to fulfil their promises of social justice and gender equality. Their resistance to patriarchy has taken the form of disobedience, refusal, and subversion. Initially their activism sought to reform the rule of the mullahs within the prevailing system spurred on by a reformist president – President Khatami - who demonstrated greater receptivity to gender equality. In the past two years women’s groups in Iran increasingly called for the end of Iran’s post-1979 system of governance as they view such theocracy as antithetical to the cause of gender emancipation. In Ankara, feminists have taken on domestic violence by forming the Purple Roof Women’s Shelter Foundation in an effort to collectively fight abuse in the family.

Meanwhile, in Algiers, women have been at the forefront of the protest movement against the establishment or what Algerians term a “Le Pouvoir” – the cabal of generals, businessmen and politicians of the ruling party which govern this North African country. For 19-year old Miriam Saoud, it was seeing the back of this political elite that impoverished ordinary Algerians through their corrupt practices. For 22-year old political science student Amina Djouadi, it was about real political representation for male and female citizens. Whilst the presence of this younger generation of women makes sense given the fact that half of Algeria’s population is below thirty years of age, who bear the brunt of unemployment - older women have also been on the Algerian streets. Elderly Nissa Imad was also on the streets protesting. All five of her children are unemployed. Explaining her presence against the barricades she defiantly states, “I am here for the young, for our kids. There’s nothing for the young generations. No jobs and no houses. They can’t get married. We want this whole system to go”. It is clear from the narratives of these women that they see the connection between their daily lived experiences of disempowerment and marginalization, and the broader structural causes, and therefore are actively seeking the end of the patriarchal and oppressive political and economic order.

Changing attitudes

Despite the MENA region having the largest gender gap of all regions in the world, there is hope too. Attitudes are changing and becoming less patriarchal - the Arab Barometer starkly demonstrates this, where 75 percent in the MENA region support women’s access to tertiary education, 84 percent believe that women should be allowed to work in the labour force, whilst 62 percent believe that women should be allowed into political office. What accounts for these progressive attitudes? First, there seems to be a generational divide with younger people (which comprise the majority in the MENA region) holding less patriarchal views. Second, with access to tertiary education, those holding post-secondary qualifications are less discriminatory in their attitudes than those without post-school qualifications. The momentum for a post-patriarchal MENA region is therefore increasing.

This article was written by Prof Hussein Solomon, Senior Professor: Political Studies and Goverance 

News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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