Samar Badawi

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Samar Badawi
Samar Badawi with Hillary Rodham Clinton and Michelle Obama at 2012 IWOC Award cropped.jpg
Badawi (centre) with Michelle Obama (left) and Hillary Rodham Clinton (right) at the 2012 International Women of Courage Awards
Born Samar Mohammad Badawi[1][2]
1977/1978 (age 36–37)[3] or 1980/1981 (age 33–34)[1]
Nationality Saudi
Known for legal conflict with father over male guardianship,[1] women's suffrage lawsuit,[4] women to drive movement[5]
Children 1 son[1]

Samar Mohammad Badawi[2] (born c. 1977–1981)[1][3] is a Saudi Arabian human rights activist.[6] She and her father, who physically abused her for 15 years,[1][7] filed court cases against each other. Badawi's father accused her of disobedience under the Saudi Arabian male guardianship system and she charged her father with adhl, for refusing to allow her to marry.[1] Badawi was imprisoned under a warrant relating to the disobedience charge on 4 April 2010,[1] released on 25 October 2010[8] after a local and international support campaign, and her guardianship was transferred to an uncle.[3] The Saudi Arabian NGO Human Rights First Society described Badawi's imprisonment as "outrageous illegal detention".[2]

Badawi filed a Grievances Board lawsuit against the Ministry of Municipal and Rural affairs for the rejection of her registration for the 2011 municipal elections.[4] She participated in the 2011–2012 women driving campaign by driving regularly since June 2011 and helping women drivers with police and court procedures.[9] In November 2011, she and Manal al-Sharif filed charges in the Grievances Board against the Saudi Arabian General Directorate of Traffic for rejecting their applications for drivers' licences.[5][6][10] On 8 March 2012, Badawi was given an award by the United States Department of State for her contributions to women's rights.[11][12]

Disobedience and adhl court cases[edit]

Samar Badawi was physically abused by her father for 15 years.[1][7] Her mother died prior to October 2010.[8] In March 2008, she escaped to a women's shelter in Jeddah, the Protection Home.[1] As her male guardian under the male guardianship system, Badawi's father filed a charge of disobedience against her. The Saudi Public Prosecutions and Investigation Bureau dropped the charge.[1]

Badawi's father filed another disobedience charge against her in 2009. Badawi missed some court appearances. In June, Judge Abdullah al-'Uthaim issued a warrant for her arrest. In July, she moved from the women's shelter to her brother's home. A non-judicial investigation by the Protection Home stated that "Badawi's father had beaten and verbally abused her, used drugs, had 14 wives, had exhausted his financial resources, had repeatedly changed jobs, and became friendly with a 'bad group of people.'"[1]

Badawi wished to marry. Her father refused permission. Badawi then filed an adhl charge against her father for the refusal to allow her marriage, requesting to remove her father's status as her guardian.[1][3] According to Human Rights Watch, Badawi filed the adhl charge against her father after her father had filed the disobedience charge against her.[1] According to Arab News, Badawi's father filed the disobedience charge as a "counter-suit after" Badawi had filed the adhl charge.[8]

When she went to court for the adhl case on 4 April 2010, she was arrested on the basis of the warrant that had been issued for the disobedience charge.[1] Badawi was held in Briman Prison in Jeddah.[8] On 18 July 2010, Khalid bin Faisal Al Saud, governor of Makkah Province, proposed creating a committee to "reconcile father and daughter by making him promise not to use violence against her, to allow her to marry, and not to file spurious lawsuits [that] he could not prove."[1] Also in July 2010, Badawi's father was found guilty in the adhl case by the Jeddah General Court.[1]

In mid-October 2010, the disobedience case against Badawi remained open, and Badawi's father filed an appeal against the result of the adhl case.[1] On 18 October 2010, the Supreme Judicial Council of Saudi Arabia told Badawi's lawyer Abu al-Khair that it would investigate the legality of both cases.[1] The Human Rights First Society, a Saudi Arabian human rights NGO, described Badawi's imprisonment as "outrageous illegal detention".[2]

Saudi Arabian and international human rights activists campaigned for Badawi to be released.[3] Badawi gave a petition to the National Society for Human Rights, a government-linked human rights NGO, asking not to be returned to her father and "easing her path to marriage".[8]

On 25 October 2010,[8] Badawi was released from prison on the orders of Governor Khalid bin Faisal. An uncle on her father's side became her new male guardian.[3][8]

Women's suffrage[edit]

Badawi also took legal action in relation to women's suffrage. She filed a lawsuit in the Grievances Board, a non-Sharia court,[13] against the Ministry of Municipal and Rural affairs, because of the refusal of voter registration centres to register her for the September 2011 Saudi Arabian municipal elections, claiming that there was no law banning women as voters or candidates and that the refusal was illegal. She cited Articles 3 and 24 of the Arab Charter on Human Rights, which refer to general and election-specific anti-discrimination, respectively. Badawi requested the Grievances Board to suspend the electoral procedures pending the Board's decision and to order the electoral authorities to register her as a voter and as eligible to be a candidate. On 27 April 2011, the Grievances Board accepted to hear her case at a later date.[4] The Board's final decision was that Badawi's case was "premature".[14] According to the United States Department of State, Badawi was the first person to file a lawsuit for women's suffrage in Saudi Arabia.[11]

Badawi also applied to the Municipal Elections Appeal Committee to reverse the refusal of her registration. Her application was refused on the grounds that appeals against registration refusals must take place within three days of the refusal.[14]

2011–2012 women driving campaign[edit]

In 2011 and 2012, Badawi participated in the 2011–2012 women driving campaign. Since the main campaign event in June 2011, Badawi drove in Jeddah "every two or three days".[9] She helped other women drivers in their contacts with police and courts. Badawi stated that there is no legal basis for court trials of women on the charge of driving. She described the women's rights situation stating, "We are marginalized in very basic rights. They think that by giving us some political rights, we will be pleased and shut up."[9]

On 4 February, following Manal al-Sharif's November 2011 filing of charges in the Eastern Province Grievances Board against the General Directorate of Traffic for the rejection of her application for a driver's licences,[5][6][10] Badawi filed similar charges for the rejection of her own application for a driving licence.[15][16] Badawi was asked by the Grievance Board of the Ministry of Interior to "followup in a week".[6]

International award[edit]

On 8 March 2012, Samar Badawi was awarded the 2012 International Women of Courage Award by the United States Department of State for her filing of the adhl and voting rights lawsuits, which were seen by the Department of State as pioneering, and for her encouragement of and inspiration to other women.[11][12]

See also[edit]

References[edit]

  1. ^ a b c d e f g h i j k l m n o p q r s "Saudi Arabia: Where Fathers Rule and Courts Oblige". Human Rights Watch. 2010-10-18. Archived from the original on 2012-02-07. Retrieved 2012-02-06. 
  2. ^ a b c d "October 18, 2010 Human Rights First Society (HRFS) Statement". Human Rights First Society. 2010-10-18. Archived from the original on 2012-02-07. Retrieved 2012-01-13. 
  3. ^ a b c d e f "Saudi woman jailed for disobeying father freed - Governor of the Makkah region ordered the release of Samar Badawi". Emirates 24/7/AFP. 2010-10-26. Archived from the original on 2012-02-07. Retrieved 2012-02-06. 
  4. ^ a b c "Aspiring woman voter takes ministry to court". Saudi Gazette. 2011-04-29. Archived from the original on 2012-03-09. Retrieved 2012-03-09. 
  5. ^ a b c . The Independent/AP. 2012-02-05 http://www.independent.co.uk/news/world/asia/saudi-women-in-drive-ban-legal-bid-6483456.html. Archived from the original on 2012-02-07. Retrieved 2012-02-06.  Missing or empty |title= (help)
  6. ^ a b c d "Saudi women launch legal fight against driving ban". Daily Telegraph/AFP. 2012-02-06. Archived from the original on 2012-01-13. Retrieved 2012-01-13. 
  7. ^ a b "Saudi woman 'jailed for trying to end abuse'". BBC News. 2011-10-29. Archived from the original on 2012-02-07. Retrieved 2012-02-06. 
  8. ^ a b c d e f g Sidiya, Fatima (2010-10-26). "Samar out of jail, in uncle's custody". Arab News. Archived from the original on 2012-02-07. Retrieved 2012-02-06. 
  9. ^ a b c "Saudi Authorities To Try Woman For Driving". WCMH-TV/AP. 2012-01-13. Archived from the original on 2012-02-07. Retrieved 2012-02-06. 
  10. ^ a b Abu-Nasr, Donna (2012-02-04). "Saudi Woman Sues Traffic Agency for Refusing Driver's License". Bloomberg L.P. Archived from the original on 2012-02-07. Retrieved 2012-02-06. 
  11. ^ a b c "2012 International Women of Courage Award Winners". US Dept of State. 2012-02-05. Archived from the original on 2012-02-09. Retrieved 2012-02-09. 
  12. ^ a b "Samar Badawi Receives an International Women of Courage Award". U.S. Government. 2012-03-08. Retrieved 2012-06-30. 
  13. ^ a b "Woman's vote claim rejected". Saudi Gazette. 2011-05-29. Archived from the original on 2012-03-09. Retrieved 2012-03-09. 
  14. ^ "Saudi women file lawsuit against govt.". Press TV. 2012-02-05. Archived from the original on 2012-02-08. Retrieved 2012-02-11. 
  15. ^ al-Nafjan, Eman (2012-02-07). "It's back on!". Archived from the original on 2012-02-07. Retrieved 2012-02-07.