AllBlog

By Bassam Al Kadi
Translated by Elizabeth Broadwin & Sheila Weaver, edited by Basel Jbaily
2010-01-27

It goes without saying that civil society organizations that have not received “the go ahead” to operate under the notorious law of associations implemented by the Ministry of Social Affairs and Labor didn't have a place at the recent conference, which should have looked past protocols and allowed for the presence and participation of all kinds of groups working on community issues, as the conference’s focus was social development.

However, the conference, and especially first lady Asma al Assad’s remarks had a number of positive and promising points. We believe the time is ripe for the Syrian government to change its backward unilateral vision toward civil society, and to embrace a modern democratic vision that says that civil society can be a partner to the government, while remaining an independent critic, neither submissive nor dependent.

Of the positive outcomes from the conference was the recognition for the first time, on an official level, of “civil society,” that described it accurately as all forms of non-governmental community organizations that renounce violence. The term “civil society” has been victim during the last decade of huge efforts to distort its meaning, especially the smear campaign undertaken by the government to label “civil society” as an “opposition” to the regime.

The Syrian Women Observatory (SWO), along with other forces in Syrian society, has played a large role in changing the meaning of “civil society” over the past few years, through its continuous work to clarify the meaning of this term, showing that civil society is not necessarily opposed to the regime (in Syria or elsewhere). SWO has also made clear that the term “al Ahli society” 1 has no place in a modern state, even for characterizing charitable organizations and associations. It also clarified that charitable work is a basic part of civil society and in no way diminishes from its importance and necessity despite the gaps and pitfalls it suffers from, mostly due to the current notorious law of associations, which the Ministry of Social Affairs and Labor implemented in a ridiculously dogmatic way.

Mrs. Al Assad said in her opening remarks, “civil society plays an increasingly important role in supporting the development process throughout the world…” It is important to note that even though she also used the term “al ahli” in her remarks and that the term “al ahli” was in the secondary title of the conference “The Role of Al Ahli Society in Development” none of this diminishes from the importance what she said.

Recognizing that the correct term is “civil society” rather than “al ahli society” is an indirect positive step of utmost importance. While a lot has been written on the difference between the two terms, this can be summarized by saying that “al ahli” is what predates “civil,” whereas “civil” is connected to the modern state and the idea of citizenship and social unity. “Al ahli” can also associated with sectarian, tribal and familial divisions.

On another front, Mrs. Al Assad said that the Syrian government has undertaken “a new law for non governmental societies and associations in cooperation with representatives of the civil sector, which is now being reviewed by the concerned authorities and is in its final stages.” Mrs. Al Assad also pointed out that this law “will be able to achieve a quantum leap in this sector.”

She added that the project will “set the stage for the next step of work consistent with our ambitions, and it is necessary that the associated implementation procedures correspond with its substance in order to achieve the goals it sets out to accomplish.” She also pointed out that the number of authorized associations in Syria has increased by 300 percent in the past five years.

For the past four years, Syrian civil society has raised its voice calling for a new modern and democratic law for associations that keeps pace with the needs of Syrian society and its continual development. However, the Ministry of Social Affairs and Labor, and those who are behind it, did their best to keep the law and its implementation procedures untouched. What Mrs. Al Assad said is truly a cause for optimism, especially since she made a point of referring to the implementation procedures in this new law; and any good law needs clear and good implementation procedures. However, that alone does not suffice. Any law under the umbrella of a ministry like this, will not be able to achieve anything important.

This also brings us back to the same old questions: Why this law has not been proposed to the public so that everyone can know what the discussion is about? Why is the Ministry being careful to make this law a secret? This is a real cause for worry. The basic problems with the current law (even has got problems on all levels) are that it raises fear, especially concerning the absolute power of the Ministry over the work of civil society associations, from its absolute ability to dissolve any organization’s board of directors to its ability to shutdown the whole organization. In addition, there is no end to the requirements necessary to get consent for every single move the association would like to make. And of course, the Ministry serves as both judge and jury when problems arise between associations and the Ministry itself.

The number of associations has, without a doubt, increased by 300 percent. However, that does not give a precise indication of the reality of the licensing of organizations in Syria, since the Ministry still controls any authorized association. That is why few, if any, real “civil society” associations has been licensed. We have spoken many times previously about the Ministry’s refusal to license a number of professional associations, as well as ones related to women’s rights and human rights on the grounds that they are not needed.

For all the above mentioned reasons, This new law must be truly democratic and give the law to its rightful owners. That is to say, it must restore the exclusive right to civil court judges to license associations, resolve any potential disputes, and restore the right of disclosure and licensing to associations that meet the requirements and do not espouse violence, sectarian strife, or other similar prohibitions. This new law must not allow for the Ministry to have any power over preventing or dissolving organizations except though action taken in civil court.

Therefore, Mrs. Al Assad’s opening remarks carry grave importance. We can only hope that they get the attention they deserve in order to help civil society truly strengthen its role, not just in economic growth, but also in societal development as a whole, as well as in strengthening the notion of citizenship, especially in opposing violence, and discrimination against women. Combating this violence and discrimination forms one of the most important aspects in development. As Mrs. Al Assad said a year and some months ago, in her opening remarks at the Second Conference for the Arab Women Organization held in the United Arab Emirates, “the nation will not be safe as long as half of it is not safe.”

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By the Syrian Women Observatory (SWO)

The draft of the Syrian personal status law remains on the table at the Ministry of Justice, the Ministry of Religious Affairs, and the government center responsible for overseeing and issuing fatwas, in the absence of the Syrian Commission for Family Affairs, which played it safe after its wings were clipped and it “learned the lesson.”

Most of Syrian civil society is drowning in delusions over the draft, claiming that it no longer exists (while it does exist), and staying silent, far from carrying out the least of its responsibilities on an issue of this importance.

However, the initiative of the Ismaili Council of Damascus held a special symposium to discuss two copies of the draft personal status law on the evening of December 19, 2009. Young men and women filled the hall to participate and deal with this issue, which is undoubtedly one of the most important issues facing contemporary Syrian society as this law affects the lives of everyone in Syria, from cradle to grave.

Mr. Bassam Al Kadi, the director of the Syrian Women Observatory, which formed the backbone of the campaign that got the first copy of the draft law dropped, presented a paper on how this campaign highlighted the complete contradictions between the law and Syrian society. This Taliban like first draft, which aimed at dragging society back centuries, was rife with some of the ugliest forms of hatred toward women, sectarian and religious discrimination, and the marginalization of children.

Mr. Al Kadi said that the second copy [of the draft law] is fundamentally different from the first. However, that does not make it acceptable, especially since it almost identically duplicates the current law. Accepting this draft means blind acceptance of the problems that the current law caused over the past few decades, even though we found the current law outdated. The law was passed in 1953 for a society completely different from today’s society and was built on the premise of the narrow vision presented in Kadri Basha’s works, which formed the Personal Status Law for the Ottoman Empire in the 19th century. How can we apply what was created for 19th century society as a legal guide for individuals and families in the 21st century?

Mr. Al Kadi said that working to adopt a national family law based on the notion of citizenship is the guiding principle for the work of the Syrian Women Observatory in this arena.

Participants in the symposium posed a number of questions focused on the two drafts and the devastating effects of a law that does not rely on citizenship, as well as the crisis in the relationship among organizations working on women’s issues and its implications for the collective work.

Translated by Sheila Weaver & Elizabeth Broadwin

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Amina Birimko
1/18/2010

Syrian children of all different ages work collecting empty plastic containers in order to earn a living. They work among piles of garbage, using discarded trash in order to support their families leaving behind their studies. However, we can’t be sure that these children’s performance in their school-work comes at the expense of their so-called daily income from gathering trash.

To start, we met with a five year-old named, Aida, who loves her family, her neighborhood, and her two friends, Roudin and Ruba. She said spontaneously: “I work gathering plastic, just like my father, and aslo helps my mother making tomato paste.” Her dream is to go to school.

Meanwhile, another child, Zahr al Din said: “I have worked gathering plastic since I was little in order to financially support my family.” When we asked him about his father’s job, he said: “He used to work making false teeth, but now he is sick.” Zahr emphasized that he is not planning to desert his studies.

Roujin, a ten year-old student in the fifth grade sells each kilo of plastic for ten Syrian pounds, and makes 35 pounds daily. As for the best times to gather plastic, she says: “I prefer three in the morning when event halls would have thrown out their trash.” Roujin and a lot of her friends from the neighborhood work together gathering plastic. Roujin talked about her happiest moments, saying: “I feel happy when my dad comes home from Damascus.” Her hope is that she will complete her studies and become a lawyer.

Roujin’s nine year-old sister, Roudin, who is a student in the fourth grade agrees with her sister that the happiest moment for her is when her father comes to visit. When we asked her if she was happy with what she works, she shook her head meaning "no". Her dream is to finish her studies and that her dad would return and live with them.

According to Roudin and her friends, the outskirts of the city are the best location to collect plastic because there is an abundance of garbage and they are able to collect at any time. Roudin smiled, saying: “In addition to collecting plastic here, this is our favorite place to play.” Then she informed us that another place to gather plastic is “Shakif” neighborhood because there are a lot of event halls. Roudin continued: “At this time, the parties have ended and the workers at the event halls throw out bags of garbage in the street.”

As for Hussain, who is almost six and a student in the first grade, he loves his neighborhood, his friends, and his work. “I love my work because I can buy all the tasty food I want, from what I earn daily.” When we asked him about time for study, he said: “At night, I do homework and my sister teaches me.” Then we talked with 12 year-old Asim who said: “my daily wage is 100 Syrian pounds, sometimes more, sometimes less, depending on the amount of trash, and the number of children who are also looking for plastic.” Asim helps his mom with household expenses despite his commitment to his studies as his father is sick. Asim hopes to finish his studies and says: “I love school but I don’t have time to study.”

Then we met with Ahlam Kingo, a social worker, who explained to us the reasons that children work, saying: “Pervasive poverty in our community is the main reason, and motivating factor behind child labor, regardless of the social and cultural status of the family and it plays a huge role in aggravating this phenomenon.” In her opinion, family plays the main role in defining the tendencies of the child, defining the features of his character and his relationship with the outside community. As for child labor, Ahlam Kingo sees it as having “positive and negative effects,” saying: “The positive consists of the creation of new feelings about the child’s sense of self, his capability for self-reliance, to have responsibility and not to rely on others, as well as his feelings of trust in his ability to secure his needs or the needs of his family.”

However, despite these positives, Ms. Kingo believes that “the negative psychological effects [of child labor] are more severe and produce a greater burden on the child. Firstly, they prevent children from enjoying their childhood, and it cuts short their education. Work sometimes causes children to develop psychological and physical disorders, as it delays mental and physical growth, and to develop aggressive behavior and a lack of socialization, and lack of self-respect and an understanding of its value. Sometimes children face subjugation through sexual violence or sexual exploitation because they are the weakest in their places of work.” Ms. Kingo followed by saying that there are children who appear to worry about tomorrow and the future seeing it from a pessimistic point of view and are overcome by depression. She concluded by saying: “The worst negative effects resulting from the phenomenon of child workers is the spread of some dangerous habits like smoking and drug use.”

Translation: Sheila Weaver & Elizabeth Broadwin

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