In July 2005, the Lebanese State presented its first and second periodic reports to the 33rd session of the Committee for the Convention for the Elimination of all forms of Discrimination against Women in the UN headquarters in New York. Two Lebanese NGOs submitted shadow reports to the committee to cover the gaps of the State report, one of them being Helem. Our report focused on discrimination against women with alternative sexualities, and while the CEDAW convention does not explicitly name sexual orientation as an axis of discrimination against women (unfortunately the case with all UN human rights conventions), an argument can still be through the convention’s existing articles for the decriminalization of homosexuality.

Between January 14 and 28 2008, the CEDAW committee held its 40th session at the UN main headquarters in Geneva, where the Lebanese State presented its 3rd periodic report on its accomplishments (or lack thereof) to ameliorate the situation of women according to the articles of the Convention. While Helem did present a shadow report to the Committee on discrimination against women based on sexual orientation, it was also a member of the coalition of 16 NGOs that drafted the general shadow report on the status of women in Lebanon. Helem’s inclusion within the coalition initially came as a surprise, particularly since in 2005 Helem’s participation on the topic of sexual orientation was refused. What this effectively means is that the participating NGOs have endorsed a document that recommends (among other things), the annulment of article 534 of the Lebanese penal code.

During the informal meeting between NGO from each of the reporting countries and the CEDAW committee at this year’s session, each of the National Commission for the Follow-up of Women’s Issues, Kafa (enough) Violence & Exploitation, Najdeh Association, and Helem presented topical oral statements, with the hopes that the committee members would question the State delegates about a number of priority issues. The issue of sexuality rights is a sensitive one at the UN, with discussions on abortion, contraception, and homosexuality blocked at the intra-governmental level. As these issues are being raised more and more frequently, whether by governments or by civil society organizations, the bar on sexual rights will necessarily be raised.

During the dialogue between the official Lebanese delegation and the CEDAW committee, the issues that were raised most frequently, and for the first time in the case of Lebanon, were those of Palestinian refugee women and migrant domestic workers. Two members of the committee also raised the issue of sexual orientation, asking the government what it is doing to repeal discriminatory laws on sexual orientation and what it is doing to protect lesbian and bisexual women from the double discrimination and violence that they face. In 2005, when the state was asked these questions (although in a much more subdued manner), it chose not to answer. This time, it did reluctantly, saying that the repeal of article 534 was being considered by the parliamentary committee for the reform of the penal code. They forgot to mention however that this committee has been stagnant and non-functional for at least 4 years now.

The CEDAW committees concluding comments for the government should be published in the coming week, and we can only hope that the repeal of article 534 is among them. Although the comments themselves are not legally binding, Lebanon is obliged by law to implement the international treaties that it has signed, and a recommendation by the CEDAW committee would go a long way in our efforts to remove this archaic law from the penal code.