Women avoid law careers [Archives:2005/867/Culture]

archive
August 11 2005

Survey by Faisal al-Sunwani
For the Yemen Times

The 2002 Annual Strategic Report, released by the General Center for Studies Research and Publishing, mentions that woman judges and lawyers number 79, of whom 35 are advocates. It shows that judiciary appointments in August 2001 assigned 32 judicial positions to women. Three women were appointed attorney generals, nine were appointed members of prosecution and one woman was appointed head of the Aden Properties Appeal Prosecution.

The national report of 2001 released by the National Woman Committee indicates that the number of females graduating from the Faculty of Law in scholastic year 99-2000 reached 61, forming 40% of the graduates.

The same report says that there were 32 female judges, and 35 female lawyers compared to 650 male lawyers.

Dr. Ilham al-Aqil, the first female lawyer in Sana'a, talks about her personal experience with the law career. “Of course I still remember that we were just eight girls graduating from the Faculty of Law, Sana'a University. I was the first woman to apply for a license to practice advocacy. I was surprised to learn that I could not get the license because no woman had ever made that.”

Nevertheless, she insisted on getting the license. She wanted to assert herself in what may be called a self-challenge situation. The condition for the license was to pass a training duration.

“For me it was more like an adventure. I was determined to get my right to the license and be the first lawyer to get a license as laws at that time did not set forth provisions that discriminate between men and women.”

Society's objection:

I decided to search for a law office where I could find apprenticeship required by law. Fortunately, I was accepted by a senior lawyer who allowed me to stay the training term at his office. However, I found that the society was not in favor of a woman lawyer. I perceived that when the master assigned me to study a client's case and write the argument. Then the client came and withdrew the case from the office because he had no conviction to entrust his case to the hand of a woman. He felt it was humiliating. The master, although sympathetic, advised me to look for a good job other than being a lawyer. He told me about the large number of the lawsuits withdrawn from the office because clients feared that their lawsuits would be given to a woman. I was terribly frustrated and wept much because I tasted defeat. Nevertheless, I did not surrender. I asked the lawyer to issue an end-of-training certificate in return of my leaving his office. That he did. I then took the certificate and went to the Ministry but they refused to give me the license. I decided to embark on higher studies. Throughout my MA program time, I kept on trying. Under my persistence, the officials were forced to issue the license which I got and decided not to be an advocate. I felt more at home with a career as a teacher in the university after I felt that I had achieved a great victory by having the license produced.

Problems and inconveniences:

Fatimah Loqman, lawyer, says that she was surprised when she first joined its law career in 1998 especially when she knew she was the first female to stand advocate before a court in the city of Taiz. This shows how belated is women's coming into this important field of life.

Concerning her problems and difficulties, Loqman recalls that the major problems she faced during apprenticeship was qat as all were sitting in rooms to chew qat while she had to sit in the office alone.

“I felt that time was running with me getting no benefit,” she says. “I could not sit side by side with my colleagues to get more information from the master lawyer. They were discussing cases and getting benefit from each other's opinions. I was then obliged to move my office to the qat session room in order to be present, participate and acquire the needed training.”

Myopic vision:

She goes on narrating her experience, “Following the end of the apprenticeship term and the beginning of my practice at courts, I was shocked by the way judges and prosecution members treated me. They held a shortsighted vision because I am a woman. They could not comprehend the idea of a female advocate. Basically because I was the first woman lawyer, I suffered much from their dismissiveness. The treatment was so discouraging that one hearing minute read 'The lawyer came with her client and her son.' The next day, the prosecution deputy asked me not to bring my son in although at the time I was not married but they wanted to embarrass me meaning that a woman has nothing to do but to stay at home and take care of children. That period was too hard. Yet, I stayed the course and struggled until I could assert myself and impose my presence. They could then do nothing but accept me. Moreover, the number of female lawyers increased and I was no longer the only lawyer in the province.”

Husband main objector:

Nabilah al-Mofti starts her talk with a review of the major problems and obstacles that deter women from taking up a law career.

“There are many factors which deter girls from being lawyers including a) Social factor: A package of conventions and customs as well as traditional status of women in society. Many parents bring up their children instilling in their minds the notion that females are inferior to males. Many families prompt their girls to be teachers or administrators claiming they are occupations suitable for the nature of women.

“Moreover, female graduates from the Faculty of Law start thinking of marriage. Once married, they abandon law because the husband would not agree to let his wife practice her profession as a lawyer. b) Legal factor: I think there is no legal obstacles before women. However, women are shocked by law which requires that a woman should have over-two-year training. She becomes obliged to search for an office that provides training. Even if accepted, she starts facing new problems such as qat, which deprives her of training because she cannot attend qat sessions. She remains incarcerated in a room and most often cannot access the male qat session where many discussions of cases take place. The training period ends with her getting nothing especially if the woman herself lacks resolute. Therefore, I suggest that the Lawyers Syndicate establish institutes to train university female graduates and resolve this problem.”

Many reasons bar women:

Fathiah Abdul-Wase', Legal Affairs Advisor at the Ministry of Information, says, “There are many reasons that bar women from taking up a law career. First of all is the social factor represented in the stance of the man, father/brother, on advocacy career. He does not accept his daughter or wife to be a lawyer. some men have the misconception that law is a masculine profession that doesn't fit women. The second reason depends on women. Some girls do not like to be lawyers and would like to get a job with a quick income. And even if they are law school graduates, they prefer to work for private companies or ministries and governmental departments. Another problem that hinders female lawyers is apprenticeship as there is a paucity in offices that offer such a service and they themselves are disparaged by the society. Clients generally do not let women to act on their behalf. Now, this has made girls avoid enrolling in the faculties of law and rights. The sharp contrast between number of girls and boys is seen at graduation time.”

Scarce presence:

Ahmed al-Abyadh, former deputy chief of lawyers, told us about the role of the Lawyers Syndicate in this issue. He says, “I agree that there are few women as lawyers compared to men. Yet, I can assure you that there are no legal obstacles before women and there is no discrimination between men and women as far as legislatures are concerned. I think because there are no prominent woman ideals who can inspire others is the reason why woman lawyers are few. Moreover, to be a lawyer means to get tough times of which men suffer let alone women, especially in a society like ours. Concerning the Lawyers Syndicate, it is not its duty to qualify women as some think. This is not the responsibility of the Syndicate. Its concerned with supervision and legislatures.”
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