M Women’s E C H A N I S M Rights S Mechanisms to ensure compliance

Committee membership and selection process The Committee on the Elimination of Discrimination against Women tasked to monitor compliance with the Women’s Convention was established in 1982, it came into force. It consists of 23 members recognised for competence in their fields of specialisation. Al- though nominated and elected by their respective governments, The Committee on the Elimination which should be States parties to the Women’s Convention, the of Discrimination against Women members serve on the Committee as independent experts. The current roster of members logic behind this is the double role of the state as protector and violator of human rights. The expert is therefore best left to work chair Ms. Aída González Martínez Mexico solo, free from his/her government’s suasion.

vice-chairs The members are elected by secret ballot from a list of nominees. Ms. Yung-Chung Kim South Korea Each State party is entitled to name one nominee to the list. Ms. Ahoua Ouedraogo Burkina Faso Governments have made a point of nominating women to the Ms. Hanna Beate Schöpp-Schilling Germany Committee; in its nearly 20-year history, only once did the Com- members mittee have a male member. Members serve a four-year term with Ms. Charlotte Abaka Ghana the possibility of re-election. Committee membership is anchored Ms. Ayse Feride Acar Turkey on equitable geographic distribution and regional groups coordi- Ms. Emna Aouij Tunisia nate the nomination to ensure the global character of the Ms. Carlota Bustelo García del Real Spain Ms. Silvia Rose Cartwright New Zealand Committee. Ms. Ivanka Corti Italy Ms. Cui Feng China Reporting procedure Ms. Naela Gabr Egypt A formal reporting process is followed in the scrutiny of imple- Ms. Yolanda Ferrer Gómez Cuba mentation of the Women’s Convention. Governments are required Ms. Savitri Goonesekere Sri Lanka Ms. Rosalyn Hazelle St. Kitts and Nevis to submit a report within a year of becoming States parties to the Ms. Salma Khan Bangladesh Women’s Convention. Thereafter, they are to submit reports every Ms. Rosario Manalo four years. Ms. Mavivi Myakayaka-Manzini South Africa Ms. Zelmira Regazzoli Argentina Ms. Anne Lise Ryel The initial report is a comprehensive review of women’s situation Ms. Carmel Shalev Israel in the country and an identification of obstacles to the full pro- Ms. Kongit Sinegiorgis Ethiopia tection and promotion of women’s rights. The subsequent progress Ms. Chikako Taya Japan reports elaborate on the interventions made, in progress or planned, and identify the difficulties that continue to inhibit women’s en-

joyment of their guaranteed rights and freedoms. Governments OF MANJULA PADMANABHAN/FORUM ‘95 COURTESY

❖ Media Pack on Women and Human Rights ❖ Isis International-Manila PO Box 1837, Quezon City Main, Quezon City 1100, Philippines ❖ ❖ 1 Tels: (632) 435-3405, (632) 435-3408, (632) 436-0312 ❖ Fax: (632) 924-1065 E-mail: [email protected] URL: http://www.isiswomen.org conform to pre-set guidelines for their re- reports in all—101 initial, and 70 second, ports. These must be well-written and 46 third and 14 fourth periodic reports. supported by gender-disaggregated statis- The Committee has also received five re- tics. ports on an exceptional basis—from Bosnia and Herzegovina, Rwanda, Croatia, Yugo- The 23 members first study the reports, slavia (Serbia and Montenegro), and then raise questions which are collated by Congo—which were solicited by the Com- the UN Division on the Advancement of mittee because of reportedly gross and Women and arranged into thematic issues. systematic violation of women’s rights in States Signatories of the These questions are sent to the concerned these countries. Optional Protocol delegation which must answer these ques- tions, also in writing, before its scheduled General recommendations Austria Greece formal dialogue with the Committee. From time to time, the Committee issues Iceland general recommendations meant to enhance Bolivia Italy The Committee holds two three-week governments’ interpretation and implemen- Chile Liechtenstein Colombia meetings yearly when it discusses the tation of the Women’s Convention. The Costa Rica Mexico States parties’ reports. It follows the UN recommendations take the form of analy- Czech Republic Netherlands practice of “constructive dialogue” in ses of the nature and scope of governmental Denmark Norway examining the reports. In public sessions, obligations under the Women’s Convention, Ecuador Senegal a government’s representatives introduce and are based on the Committee’s evalua- Slovenia the report, and then respond to questions tion of the official reports. and comments from the Committee Germany members. Often, these questions and So far, the Committee has issued 24 such comments are on issues not covered in the recommendations, including urging dis- report but on those the Committee mem- patch in governments’ eradication of bers were alerted to by NGOs as these are traditions, customs and practices to jus- allowed to engage in the evaluation process tify gender-based violence as a form of via the submission of “shadow” or protection or control of women. The Com- alternative reports. At the end of the mittee cited as examples of such gender session, two Committee members are violence forced marriage, bride-price and assigned to synthesise the discussions in dowry deaths, and acid attacks. Another the form of a “Concluding Comments” that recommendation concerns the persistence is sent out immediately to the government of the practice of female genital mutila- concerned. The summing-up contains the tion and calls on more resolute action to areas requiring improvement—a eliminate this practice. Its most recent rec- euphemism for commitments not met by ommendation is on how a human rights the government concerned, such as the perspective can be integrated into all as- detention of indigenous women for pects of policy and programmes relating questionable reasons, inadequate social to women’s health. The Committee also has services to migrant workers or the at least three recommendations expressing criminalisation of women who have alarm over how the extent of the reserva- abortions. The summing-up also contains tions to the Women’s Convention tended the remaining questions and unresolved to undermine the purpose of the Women’s issues, as well as recommendations Convention itself and calling on govern- identified by the Committee. The ments to withdraw these reservations. These “Concluding Comments” serve as the Committee recommendations do not con- Committee’s take-off point in the stitute law, and therefore do not amount examination of the government’s next to obligations that States ought to follow; report. rather, they serve as reminders on govern- ments’ translation of the Women’s So far, the Committee has evaluated 231 Convention to practice.

2 C Women’s O M P L I A Between Words and Action: N C Rights E Compliance with Women’s Equal Rights

A possible gauge of compliance with the for girls from indigenous populations. women from health risks connected with Convention on the Elimination of All Forms w Ghana has amended its Criminal Code abortion. Meantime, in Ukraine, because of Discrimination against Women (CEDAW) to prohibit customary or ritual enslavement of inadequate family planning education also known as the Women’s Convention is of any kind including trokosi, the offer of and services, abortion is the basic means the status of reporting to the CEDAW Com- virgin girls to priests as atonement for past of regulating births to the extent that the mittee. So far, the Committee noted, there crimes committed by family members. number of children born dead far exceeds are 203 overdue reports, of which 60 are w In Fiji, a government programme is in the number of children born alive—at 148 initial reports. Non-submission of the re- place so that qualified women are repre- abortions for every 100 births. ports alone already reveals the cavalier at- sented in high-level posts in the civil serv- titude of governments toward women’s ice and statutory boards. Elsewhere, such as Norway, women still earn and own less than men, despite a 20-year- rights. In Asia-Pacific, eight countries have w Turkey has committed to collaborate yet to submit their initial reports: Cambo- with NGOs to eliminate “honour killings,” old Gender Equality Act. The number of dia, Fiji, Laos, Malaysia, Pakistan, Samoa, the execution of a woman by her male fam- women seeking shelter in Ireland’s 12 shel- Singapore and Vanuatu; and three coun- ily members because of a perceived misuse ters for abused women has so increased tries are late in their periodic reports: Bhu- of her sexuality. that in Dublin, in 1997, almost 1,000 vic- tan, Sri Lanka and Vietnam. tims had to be turned away due to over- But, as Salma Khan, former chair of the crowding of the centres. Likewise in Brit- To be sure, governments have undertaken Committee, noted, the gap between vision ain, one of nine women is a victim of se- a change or two in their laws, or have and reality, and between ratification and vere domestic violence. adopted policies to enhance women’s sta- implementation of the Women’s Conven- In Australia, pregnant workers still experi- tus in society. Several have set up the in- tion, remains wide. In Nepal, traditional ence unfair treatment at work including im- stitutional mechanisms—the national com- customs such as child marriage, dowry, mediate dismissal, reduced work hours for missions on women or other similar bodies polygamy, deuki (a tradition of dedicating casual employees, and the bosses’ and col- mandated to monitor the integration of girls to a god or goddess to become “tem- leagues’ touching of a woman’s stomach women’s rights into development. ple prostitutes”), badi (the ethnic practice without invitation. One employee was fired w In Nepal and Sri Lanka, the superior of forcing young girls to become prosti- for coming to work in plain clothes, after courts have used the principle of equality tutes) and other discriminatory practices the employer had refused to provide her a found in their constitutions to strike down derived from the caste system are still bigger-size uniform. discriminatory laws on nationality. prevalent. The growing disparity in the w A landmark case in India compelled the male/female sex ratio at birth in India ex- All over the globe, the 1997 U.S. State De- state government of Rajasthan to frame poses continued preference for sons to partment’s human rights report concluded, guidelines on sexual harassment. daughters. Female infanticide and foeticide women are still denied their rights. The re- w Ten countries have criminalised female are widely reported in India, while in China, port covers 193 countries and is consid- genital mutilation: Burkina Faso, Central the abandonment of baby girls, admits the ered the largest and most authoritative African Republic, Djiboute, Egypt, Ghana, government, is a “historical legacy,” espe- country-by-country analysis of human Guinea, Senegal, Togo, Cote d’Ivoire and cially in rural areas where premium is given rights worldwide. The abuses the report Tanzania where 43 percent to 97 percent to manual labour. Predictably, in both coun- documented range from “extreme oppres- of reproductive-age women today are cir- tries, poverty and lack of resources tend to sion and atrocities” including rape and cumcised. disadvantage girls in access to education, forced prostitution to economic discrimi- wSingapore has enacted a penal provision nutrition and health care. nation. It noted also, domestic violence enhancing penalties for abuse committed against women continues to be a problem against migrant workers by their employ- The strong influence of religion and the in “virtually every country.” ers or other members of the household. institutional Church has prevented the in- wBelize has passed legislation to increase troduction of changes in the Philippines In the breach—this is how compliance with the customary and legal age of marriage and Colombia that could help protect women’s rights can best be described.

❖ Media Pack on Women and Human Rights ❖ Isis International-Manila PO Box 1837, Quezon City Main, Quezon City 1100, Philippines ❖ ❖ 3 Tels: (632) 435-3405, (632) 435-3408, (632) 436-0312 ❖ Fax: (632) 924-1065 E-mail: [email protected] URL: http://www.isiswomen.org Women’s E M I E S R S G U I E N Rights G Trafficking in Women

Although the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) or the Women’s Convention pays only a fleeting glance at prostitu- tion, a number of other human rights instruments have been adopted in the region at varying points in history.

An array of instruments exploitation; 1996 Prostitution Pre- At the national level, countries in the vention and Suppression Act; 1997 Mekong Basin, for example, have a slew of Traffic in Women and Children Act legislation to prevent and punish traffick- w Burma: Penal Code extending protec- ing: tion to women and children, prohibit- w Cambodia: 1996 Law on the Suppres- ing procurement of minor girls, impor- sion of Kidnapping and Trafficking/Sale tation of girls from other countries, of Human Persons and Exploitation of trading in slaves, sales of minors for Human Persons prostitution, sexual intercourse with w China: 1991 National People’s Congress a girl below 14 years old, irrespective Standing Committee decision to of consent; 1949 Suppression of Pros- criminalise the abduction for sale, kid- titution Act; and 1991-1995 Pro- nap and kidnap for purposes of black- gramme of Action for the Survival, Pro- mail of women and children; 1992 Law tection and Development of Children of the Protection of Women’s Rights; and Women 1991 Protection of Minors Act; a law w Vietnam: Criminal Code of 1985, on compulsory education to keep chil- amended in 1992, punishing kidnap- dren out of the labour market; regula- ping, trading or fraudulent exchange tions on child labour of a child w Laos: amendments in the Penal Code to protect children from sexual abuse, Nexus of corruption and to criminalise the trade and ab- To be sure, there is no lack of instruments duction of children for ransom or sale; to prevent and punish trafficking in women. provision in the 1991 Constitution on It remains unchecked, however, and the protection of women and children; reasons for these are: 1990 Family Law decree directing pa- w lack of an international enforcement rental responsibilities; 1990 Labour agency or organisation to carry out the Law, updated in 1994, prohibiting prohibitions forced labour and protecting women’s w collusion between parents, politicians and children’s rights and the police to protect the traffick- w Thailand: Penal Code provisions pro- ers and the brothels tecting women and children against

4 Says a former cabinet member and now a government consultant on women’s and Swelling numbers children’s issues in of Thailand: “The lower In practically all of Asia, prostitution has Thailand, through such forms of traffick- become a flourishing industry. Even women ing as deceptive job placements, abduc- ranks collect the [bribe money], divide it from the affluent United States are being tion, and the sale of girls from hill tribes up, put it in envelopes, and give it to the trafficked to Japan for prostitution. “After w at least 10 international crime syndi- higher-ups. It’s a feeding system—from the seven years, I’m frustrated,” said a police- cates operating in Australia are said to traf- roots up. The police can’t do anything man assigned to investigate the problem. fic 300 Thai women yearly into the coun- about it because they are part of the prob- “I can’t do anything to stop it, the Feds try for prostitution lem.” can’t do anything, and the State Depart- w annually, 5,000 minors to 7,000 Nepa- ment doesn’t want to do anything.” lese women and girls are trafficked to In- In addition, organised crime has entered dia where an estimated 2.3 million women The smuggling of women and children in the picture. The involvement of organised are in prostitution Asia is so endemic that a country like In- crime in migrant trafficking appears to be w the government of Nepal estimates dia or Thailand is both source country and that not less than 200,000 Nepalese women as widespread as the phenomenon of ille- receiving country. Japan is the region’s larg- and children are working in the brothels in gal migration itself. The Chinese and Viet- est sex market, Thailand is its sex tourism India capital. The child sex trade is also fast de- namese triads, the South American cartels, over 150,000 women, mostly from the veloping in Cambodia and Malaysia. China w the Japanese Yakuza, the Italian and Rus- Philippines and Thailand, are in prostitu- sian mafias, to name a few, are reportedly has become a major market for trafficked women and mail-order brides from Vietnam. tion in Japan, Asia’s largest sex market tending toward inter-continental “strate- w based on the number of registered gic alliances”—they are working with eth- “entertainment” places, Thailand’s National The figures cited by the Coalition against nic and national groups which manage the Commission on Women’s Affairs puts the Trafficking in Women-Asia-Pacific and number of prostituted women in the coun- logistics—transport, safe houses, local con- UNIFEM are staggering: try at 150,000 to 200,000, of whom 20 tacts and documentation. w 200,000 Bangladeshi women have been trafficked to Pakistan in the last 10 percent are thought to be children a former labour ministry official esti- At the regional level, the South Asian As- years, continuing at a rate of 200 to 400 w mates the number of prostituted women sociation for Regional Cooperation is set women monthly 20,000 to 30,000 Burmese women are in the Philippines to be about the size of to adopt a Regional Convention on Com- w estimated to be working as prostitutes in the country’s manufacturing workforce bating the Crime of Trafficking in Women and Children for Prostitution in early 2000. The convention will be a strategic legal ment that many governments have of their Migrants in 1997. The event commemorates instrument for women and children across attitude toward migrant workers’ presence the adoption of the Migrant Workers’ Con- the region. The draft text recognises the in their country. vention and is part of the region-wide cam- importance of effective regional coopera- paign for the ratification of the conven- tion for preventing trafficking and for in- In search of a solution tion by Asian countries, and for greater vestigating, detecting, prosecuting and The most energetic in fighting trafficking awareness of migrants’ rights. punishing those responsible. in women and children for prostitution in the region has been the NGO sector. NGOs Lawyers’ groups have also proposed an in- It should be noted, however, the 1990 In- have been at the forefront of promoting ternational criminal court and an interna- ternational Convention on the Rights of All migrant workers’ rights as well as in pro- tional enforcement agency to stop traffick- Migrant Workers and Members of Their Fami- viding various forms of assistance to the ing and sexual slavery. In June 1998, a lies, which secures the fundamental rights migrant workers and their families. The tra- diplomats conference in Rome created the and the protection of migrants has been dition of advocacy developed over the years International Criminal Court to handle ratified by only two countries in the Asia- by NGOs has given way to regional net- genocide, crimes against humanity, and war Pacific region, the Philippines and Sri works that have, in many ways, compen- crimes. The Rome Statute’s inclusion of Lanka. (Eight more ratifications are needed sated for the lack of regional discussion gender and sexual violence crimes both as to enforce the Convention.) That no re- and action among governments. One such crimes against humanity and as war crimes ceiving country has ratified this, not only region-wide endeavour is the launching of may yet be the cornerstone of a solution. in Asia but worldwide, is in itself a state- the International Day of Solidarity with ❖ Media Pack on Women and Human Rights ❖ Isis International-Manila PO Box 1837, Quezon City Main, Quezon City 1100, Philippines ❖ ❖ 5 Tels: (632) 435-3405, (632) 435-3408, (632) 436-0312 ❖ Fax: (632) 924-1065 E-mail: [email protected] URL: http://www.isiswomen.org Women’s E M I E S R S G U I E N Rights G Women and Armed Conflict

Women have been made victims of unspeak- erty. Torturers often rape in, or in front of, from massacre by militias had been raped,” able crimes of violence committed in the the woman’s home. Rape then becomes an along with many younger children. The name of some nationalist, assimilationist act against her husband, father, commu- whole town of Kibuye was razed by mem- or ethnic purification mission—war rape. nity—not against her body. bers of the Interahamwe (the militia armed w War rape must be as horrendous and the- and organised by the former president and The rape and abuse of women have been atrical as possible—setting her hair on fire, his party). Homes of members of the Tutsi reported in almost every situation of armed binding her with rope and chains—or the ethnic group were destroyed. The conflict, whether internal or international complete humiliation of the enemy. Interahamwe, police and local government in nature, despite the express prohibition w War rape is mass rape. When the rape is officials roamed through Kibuye over the of rape in the 1949 Geneva Conventions. performed in groups, there is an immedi- following days in a rampage of killing and Kuwaiti women and migrant domestic serv- ate witness of the soldiers’ obedience to burning. Women found sheltering in the ants were subjected to sexual violence dur- the moral code of war. parish church were raped, then pieces of ing the Iraq invasion of 1990-1991. Women w War rape may or may not end in the kill- wood were thrust into their vaginas, and have been raped and brutalised in Liberia, ing of the victims. There is no particular they were left to die slowly. in the course of a civil war that has con- reason for killing the victims—maybe they tinued sporadically since the 1990s; in looked “disgusting,” or maybe because A more recent setting of crimes against Djibouti, as government fought armed op- shooting them was “fun.” The decision to women in armed conflict is East Timor. A position in 1994; and in Peru, by both let a woman die or not is a personal whim, fact-finding mission organised by the Asia government forces and members of the still another source of power of the con- Pacific Coalition for East Timor in late 1999 Communist Party of Peru, better known as queror. heard first-hand testimonies of victims from the Shining Path. They have been raped Dili, Baucau, Venelale and Liquica, some and brutalised as a strategy of war in Co- Rape as a tool of war of whom revealed how there were made sex lombia Mozambique, Turkey, India (in the In the Balkan conflict that erupted in 1991, slaves by members of the Indonesian army states of Punjab, and Jammu and Kash- the extent of war rape and other crimes of and militias in various military posts. mir), Haiti, Somalia, Pakistan and Bangla- violence against women was stupefying. desh. Soldiers from all sides in the conflict be- Although a UN peacekeeping force is in came rapists, and women from all back- East Timor to help restore civility and put Women are raped during war because war grounds were victimised. Women were raped the country on the road to reconstruction, involves the humiliation and destruction in their homes by soldiers from their own several NGOs and officials from other coun- of enemy property—in this case, women. town or strangers passing through. Women tries remain alarmed over the virtual hos- Women are also raped during war because prisoners were also raped by soldiers and tage of East Timorese in the militia-con- their bodies are seen as the legitimate guards in detention centres. The UN Spe- trolled refugee camps in neighbouring West spoils of war. “To the victor belong the cial Rapporteur on the conflict in the former Timor. The NGO Grassroots International spoils,” goes the saying of the ancient Yugoslavia said: “Rape was being used as calls attention to disturbing reports of the Greeks. The availability of women after the an instrument of ethnic cleansing... There use of rape to control the refugee popula- battle was the traditional prize for Greek are reliable reports of public rapes, for ex- tion in the camps and in the mountains warriors. ample, in front of a whole village, designed where some militias are now in hiding. A to terrorise the population and force eth- US official’s visit to the border and the Characteristics of war rape nic groups to flee.” camps confirmed the continued presence Feminist studies have identified four no- of militias and the refugees’ lack of access table characteristics of war rape: A report of the appalling genocide in to accurate information on developments w War rape is a public event. The enemy Rwanda in 1994 says “virtually every adult in their country. has to see what has been done to his prop- woman or girl past puberty who was spared

6 The UN has also uncovered the gender vio- Southeast Asia controlled directly or indi- The final ruling found the deputy camp lence committed by the Indonesian mili- rectly by the Japanese military. commander, Hazim Delic, guilty of torture; tary not only in its illegal annexation of the Bosnian Croat camp commander, Zdravo East Timor in 1975 but also in subduing In 1993 and 1994, Japan’s prime minis- Mucic, was found to have command respon- the ethnic populations of Irian Jaya and ters offered “condolences” to women and sibility for the crimes committed at the Aceh. Rape, according to the UN Special other victims of the Japanese war of ag- camp. Rapporteur on violence against women, was gression, but the government has refused systematically used in the three areas as a to pay compensation to the former “com- The clearest sign that the international method of torture and intimidation. “Rela- fort women.” Instead it created a private community will no longer tolerate gender tives of political opponents were raped by fund of over US$1 billion for reparation violence in war is the treaty to create a the military as a form of revenge or to force the relatives out of hiding,” said Coomaraswamy. Sexual violence strikes at the

The orphanages in East Timor, said a reli- gious sister, were filled with genuine or- very core of human dignity phans in the early years following Indone- sia’s occupation as so many adults were and physical integrity. killed in the military operation. But now, most of the babies are of mixed race—the projects relating to World War II. Through permanent International Criminal Court babies of women raped by Indonesian mili- the fund, Japan still withholds official ac- (ICC) concluded in the UN Diplomatic Con- tary. “Many of the women who were raped knowledgement of the existence of “com- ference of Plenipotentiaries in Rome in July as...are [now] single mothers who have suf- fort women” but offers victims of Japanese 1998. Previous international humanitarian fered stigma in their communities. . . Some acts of aggression during the war the pos- law treaties did not mention sexual and of these children are the result of rapes, sibility of reparations. gender violence as war crimes or crimes others are the product of a situation that against humanity. The statute (Rome Stat- resemble sexual slavery,” she said. Recent developments and initiatives at the ute) negotiated during the conference, UN, however, offer women a glimmer of however, includes the broad range of gen- Such violence against women took place hope of seeing an end to the impunity of der-specific crimes in the definition of war in the context of East Timor’s being a mili- sexual violence and gender crimes. crimes and crimes against humanity to be tary zone, she added. Hence, specific inci- tried by the ICC as grave breach of the dents of rape and other sexual abuse were A precedent has been set by the Interna- Geneva Conventions on international and tried in military tribunals, not in ordinary tional Criminal Tribunal for Rwanda’s con- non-international armed conflicts. courts. The doctrine of rape as a weapon viction of the former mayor of Taba town, took hold again. Jean-Paul Akayesu, of genocide and other The crimes classified as war crimes in the crimes against humanity. The judgment is Rome Statue include: rape, sexual slavery, International Tribunals based on evidence that he had condoned forced prostitution, forced pregnancy, For more than half a century since the Nu- and encouraged rape and sexual mutilation forced sterilisation, and any other form of remberg and Tokyo trials, sexual violence of Tutsi women when he was a communal sexual violence also constituting grave and gender crimes in armed conflict were leader. The tribunal found that the rapes breach of the Geneva Conventions. This not recognised as war crimes subject to were systematic and carried out on a mas- same list is also in the definition of crimes internationally accepted laws governing war sive scale—the first time an international against humanity, in addition to two oth- and the conduct of war. Before and after court found rape and sexual violence can ers: persecution against any identifiable World War II, thousands of women and girls constitute genocide. group on various grounds, including gen- from the Philippines, Korea and China were der; and the crime of “enslavement.” raped and forced into prostitution by the Then, in a landmark case, the International Japanese imperial army. The Japanese gov- Criminal Tribunal for the former Yugoslavia Although society has outlawed rape and ernment has denied for decades that the characterised the rape of a Bosnian Mus- other sexual and gender crimes, enforce- military were involved in schemes to pro- lim deputy camp commander as acts of ment has always been undermined by a cure “comfort women” (ianfu) for the Japa- torture and a grave breach of the Geneva reluctance to disturb the prevailing male- nese soldiers and officers in Asia. Histori- Conventions. The decision underscored that dominated order where relations between ans estimate that 100,000 to 200,000 com- rape inflicts severe physical and psycho- men and women are in the impregnable fort women were forced to have sex with logical pain and suffering. Sexual violence, “private” sphere. The Rome Statute hope- dozens of soldiers every day in Japan’s wrote the judges, “strikes at the very core fully changes all that. “comfort stations” in China and across of human dignity and physical integrity.”

❖ Media Pack on Women and Human Rights ❖ Isis International-Manila PO Box 1837, Quezon City Main, Quezon City 1100, Philippines ❖ ❖ 7 Tels: (632) 435-3405, (632) 435-3408, (632) 436-0312 ❖ Fax: (632) 924-1065 E-mail: [email protected] URL: http://www.isiswomen.org W O C Women’s M O E N V The Convention on the Elimination of N ‘S E N T All Forms of Discrimination against I Rights O N Women (CEDAW): An Overview

CEDAW more popularly known as the Women’s Convention is the international women’s rights treaty that spells out women’s rights and obliges governments to ensure respect for these rights. Following are the articles and provisions that define the Women’s Convention.

Article 1: Definition of “Discrimination Article 6: Trafficking in Women and Ex- Article 11: Employment and Labour against Women” ploitation of Women in Prostitution Rights w women’s right to work Article 2: Condemnation of Discrimina- Article 7: Political and Public Life w right to the same employment opportu- tion against Women and Commitment w women’s right to vote and hold public nities available to men to Eliminate This office w free choice of profession and work w participation in government policy mak- w equal pay for work of equal value Article 3: Full Development and ing and implementation w equal treatment at the workplace and Advancement of Women, and Equality of w participation in NGOs and civil-society equal evaluation criteria Women’s and Men’s Rights and Freedoms groups w health and safety protection, including w national constitution and laws to em- protection from harmful work during preg- body equality of men and women Article 8: Representation in Interna- nancy w sanctions and new legislation, if neces- tional Organisations w prohibition of dismissal on the grounds sary, prohibiting discrimination against of pregnancy or marital status women Article 9: Citizenship w maternity leave with pay and no loss of w tribunals and other institutions for ef- w equal rights to acquire, change or retain seniority or benefits fective protection of women against any nationality, regardless of marriage to a for- w social services to support the combina- act of discrimination eign husband tion of family and work responsibilities w modification or abolition of laws, regu- w equal rights in determining the nation- lations, customs and practices ality of children Article 12: Health discriminatory to women w equal access to health care services, in- Article 10: Education cluding family planning services Article 4: Temporary Special Measures w equal opportunity in all levels, from pre- w appropriate services in connection with affirmative-action measures to hasten de school to higher education pregnancy and childbirth, plus adequate facto equality of men and women (because w access to the same facilities, equipment, nutrition during pregnancy and new legislation and amendments are invari- teachers and examinations, and scholar- breastfeeding ably a long, tedious process) ships and grants available to men w removal of stereotypes through coedu- Article 13: Economic, Social and Cultural Article 5: Customary Practices and Stere- cation and revision of learning/teaching Rights otypes materials w social security, especially in case of re- w changes in social and cultural patterns w programmes to reduce any gender gap in tirement, sickness, unemployment, that promote stereotyped roles of men and education or to reduce the female student invalidity and old age women drop-out rates w right to family benefits w family education for a proper understand- w participation in sports and cultural ac- w equal rights to bank loans and other forms ing of maternity as a social function and tivities of credit concept of shared responsibilities at home w information and advice on family plan- w participation in recreational activities and ning all aspects of cultural life

8 Article 14: Rural Women administer property property w recognition of the significant role and w governments’ nullification of contracts w nullification of child marriages contributions of rural women and their spe- and other private instruments that curb w minimum age for marriage and registra- cial circumstances women’s legal rights tion of marriages in an official roster w rural women’s rights to adequate living w freedom of movement conditions (housing, sanitation, basic utili- right to choose place of residence and w Articles 17-22: Establishment and Func- ties, transport and communications); domicile tions of the Monitoring Committee participation in development planning and community activities; health care; direct Article 16: Marriage and Family Articles 23-27: Administration of the social security benefits; training and edu- w right to enter into marriage only with cation; and establishment of and full consent Convention membership in self-help groups w freedom to choose a spouse w women’s access to production resources w equal rights and responsibilities during Article 28: Reservations including credit, technology and market- marriage and at its dissolution w prohibition of reservations incompatible ing facilities w women’s right to choose freely the with the essence of the Convention equal treatment in land, agrarian reform number and spacing of children w w withdrawal of reservations and land resettlement schemes w access to information, education and means to make family-planning choices Article 29: Arbitration of Disputes Article 15: Legal Rights and Contractual w equal rights and responsibilities regard- Capacity ing guardianship or adoption of children Article 30: Stewardship of Convention w equality before the law and the courts w equal rights regarding ownership, man- Text w equal rights to conclude contracts and agement and disposition of conjugal

Women’s A D V O C A C Rights Y Strategies for Action Know the Women’s Convention, Rome Statute being breached. The Women’s Convention, in a sense, is a tool to and other human rights treaties. As for the Women’s name their experience. If not yet available, initiate the transla- Convention, women’s groups should not just know this—but com- tion of the Women’s Convention into your local language(s). mit it to heart. A Committee member has observed that only few cases that tend to challenge discriminatory nationality, inherit- Keep a scoreboard of pluses and minuses. The ance, custody and other personal laws in national-level courts Committee on the Elimination of Discrimination against Women invoke the Women’s Convention as a basis of their arguments. But has repeatedly reminded NGOs that their shadow reports, espe- governments can be held accountable for their failure to conform cially if these discuss complaints of abuse of women’s rights, must to the treaty’s requirements of removing all obstacles to women’s be properly substantiated. “Stocktaking” requires conscientious- rights. Beyond legal reform and gender-sensitive jurisprudence, ness both in understanding the finer points of a women’s issue or however, women’s groups, especially those focused on particular concern, and in monitoring pertinent developments. Documenta- issues, need to know the Women’s Convention provisions for more tion is a skill that should be learned well and soon, especially effective advocacy of their concerns. with the possibility of an Optional Protocol to the Convention coming into effect—hopefully, sooner than later. Spread the word. Perhaps one of the best advantages of the feminist movement is the power of talk. Women are the least Network, network and network. The Women’s Con- averse to communication and dialogue. The ease with which wom- vention’s comprehensive approach to women’s rights allows for en’s groups can reach out and sustain a conversation with their the different groups to promote their different concerns with the stakeholders to learn more about them—their silent everyday lives use of a common framework. The different issue-based and sectoral and struggles—has been amazing. Explain to any woman who NGOs could harmonise their demands around the platform of wom- will listen to the Women’s Convention and your government’s ob- en’s rights as a campaign. The sharing of experiences, insights ligations under it. A discourse on women’s rights is hardly diffi- and analyses is certain to enrich individual insights and the dif- cult because at every moment, women know how their rights are ferent groups’ actions.

❖ Media Pack on Women and Human Rights ❖ Isis International-Manila PO Box 1837, Quezon City Main, Quezon City 1100, Philippines ❖ ❖ 9 Tels: (632) 435-3405, (632) 435-3408, (632) 436-0312 ❖ Fax: (632) 924-1065 E-mail: [email protected] URL: http://www.isiswomen.org S Women’s U G R G E E A S D T I E N Suggested Readings on CEDAW and D G Rights S other Women’s Rights Treaties

Amnesty International. Human Rights are Women’s Right. London: International Migration Organization. “The Beijing Platform for Ac- Amnesty International Publications, 1995. tion and Recent Trends in Female Migration in the Asia-Pacific Re- gion.” A report presented to the High-Level Intergovernmental Meeting Amnesty International. The Optional Protocol to the Women’s Conven- to Review Regional Implementation of the Beijing Platform of Ac- tion: Enabling Women to Claim Their Rights at the International Level. tion, 26-29 October, Bangkok, Thailand. Photocopy. London: Amnesty International, March December 1997. Kerr, Joanna, ed. Ours By Right: Women’s Rights as Human Rights. Anand, Anita and Gouri Salvi, eds. Beijing! UN Fourth World Confer- London: Zed Books and The North-South Institute, 1993. ence on Women. New Delhi: Women’s Feature Service, 1998. Optional Protocol to the Convention on the Elimination of All Forms Bedont, Barbara and Katherine Hall Martinez. Ending Impunity for of Discrimination against Women. Annex to UN General Assembly Gender Crimes under the International Crime Court, 1999. Center for Resolution, 15 October 1999. Website: http://www.un.org/ Reproductive Law and Policy, Website: http://www.crlp.org/icc.html. womenwatch/daw/cedaw/protocol. The site also contains an over- view of the protocol provisions, and a historical background leading Center for Women’s Global Leadership. 1998 Global Campaign for Wom- to the adoption of the protocol. en’s Human Rights: An Action Pack. New Jersey: Rutgers, the State University of New Jersey, 1998. The action pack contains two major Sharma, Arvind, ed. Today’s Woman in World Religions. New York: State essays on women’s rights: (1) Charlotte Bunch and Samantha Frost’s University of New York Press, 1994. “Women’s Human Rights: An Introduction.”; and (2) Florence Butegwa’s “International Human Rights Law and Practice: Implica- Third World Resurgence 50 (October 1994). This particular issue is tions for Women.” focused on the Third World women’s perspective of the population- development, and includes Vandana Shiva and Mira Shiva’s “Was Cairo Committee on the Elimination of Discrimination Against Women- a Step Forward for Third World Women?” as well as the statement of . “General Recommendations.” Website: http:// Third World women’s NGOs from the parallel NGO forum of the Cairo www.un.org/womanwatch/daw/cedaw. International Conference on Population and Development.

Convention on the Elimination of All Forms of Discrimination against Tomasevski, Katarina. A Primer on CEDAW for International Develop- Women, December 1979. Website: http://www.un.org/womanwatch/ ment Co-operation Personnel. Sweden: Swedish International Devel- daw/cedaw. The site also contains a brief historical background on opment Cooperation Agency, 1998. the Convention. Trafficking in Migrants [quarterly bulletin of the International Migra- Cook, Rebecca J., ed. Human Rights of Women: National and Interna- tion Organization]. Website: http://www.iom.int. tional Perspectives. Philadelphia: University of Pennsylvania Press, 1994. This is an excellent collection of essays by contributors noted United Nations Fourth World Conference on Women. Platform of Ac- for their advocacy of women’s rights. It has sections on the theory of tion and the Beijing Declaration. New York: United Nations-Depart- women’s rights, the status and implementation of women’s rights in ment of Public Information, 1996. specific countries, and on women’s rights in the practice of interna- tional law. War Crimes Watch, various updates and reports. War Crimes Watch monitors developments in the Rwanda and Yugoslavia tribunals. Its Goonsekere, Savitri. “A Rights-Based Approach to the Empowerment Website contains links to reports, publications and other resources of Women.” A report presented to the High-Level Intergovernmental dealing with Women and Armed Conflict. Website: http:// Meeting to Review Regional Implementation of the Beijing Platform www.wcw.org/ictr. of Action, 26-29 October, Bangkok, Thailand. Photocopy.

Development: Journal of SID 1 (1994). Edited by Wendy Harcourt, this particular issue of Development concentrates on the polemics of the population-development debate.

10 D Women’s I R E C T O R Rights Y Useful Contacts

Following is a listing of some of the groups addressing the issue of women’s human rights:

Amnesty International Bhutanese Women’s Rights Organization Committee on the Elimination of Discrimina- 99-119 Rosebery Avenue (BWRO) tion against Women London, EC1R 4RE c/o PFHRD Bhutan United Nations Division for the Advancement United Kingdom Kathmandu, Nepal EPC-2058 of Women Tel: (44-20) 7814-6200 Postal address: GPO 8975, 2 United Nations Plaza, DC2-12/F Fax: (44-71) 833-1510 Kathmandu, Nepal New York, NY 10017, USA E-mail: [email protected] Tel: (977-1) 273-768 Fax: (1-212) 963-3463 Website: http://www.amnesty.org.uk Fax: (977-1) 220-161, 276-016 E-mail: [email protected] E-mail: [email protected] Website: http://www.un.org/womenwatch/daw Asian Centre for Women’s Human Rights (ASCENT) Center for Women’s Global Leadership Commission on the Status of Women Suite 306, MJB Building 27 Clifton Avenue Division for the Advancement of Wmen 220 Tomas Morato Avenue New Brunswick, NJ 08903 2 United Nations Plaza Quezon City 1135 USA New York, New York 10017 Philippines Tel: (1-908) 932-8782 USA Postal Address: P.O. Box AC662, Fax: (1-908) 932-1180 Cubao, Quezon City, Philippines E-mail: [email protected] East-East Legal Committee of the Network of Tel: (63-2) 928-4973 East West Women Fax: (63-2) 533-0452, 911-0513 Centre for Human Rights Urszula Nowakowska E-mail: [email protected] United Nations Office Women’s Rights Center Palais des Nations ul. Wilcza 60 lok. 19 Asian Women’s Human Rights Council CH-1211 Geneva 10 00-679 Warsawa (AWHRC)-Manila Office Switzerland Poland 934-D Tuazon Bldg. Aurora Blvd. cor. 20th Tel: (41-22) 917-1234 Tel: (4822) 620-7624 Ave., Brgy. Mangga, Cubao, Quezon City, Fax: (41-22) 917-0123 Fax: (4822) 621-3537 Philippines E-mail: [email protected] Tel: (632) 913-3337 Coalition Against Trafficking in Women-Asia Telfax: (632) 439-4153 Pacific (CATW-AP) Equality Now E-mail: [email protected] or Suite 406, Victoria Plaza Building 226 West 58th Street [email protected] Annapolis Street, Greenhills New York, NY 10019 San Juan, Metro Manila, Philippines Tel: (1-212) 586-0906 Asia-Japan Women’s Resource Center Tel: (63-2) 722-0859 Fax: (1-212) 586-1611 Maison Hosho 203 Fax: (63-2) 722-0755 E-mail: [email protected] Daizawa 3-9-5 Setagaya-ku E-mail: [email protected] Tokyo, Japan 155 European Commission on Human Rights Tel: (81-2) 2412-2775 Comité Latinoamericano por la Defensa de los Hans Christian Kruger Fax: (81-2) 3412-2765 Derechos de la Mujer (CLADEM-Latin American Secretaire de la Commission Committee for the Defense of Women’s Council of Europe Asia-Pacific Forum on Women, Law and Rights) BP-431, R6-67006 Development (APWLD) Jr. Estados Unidos 1295, apt. 702 Strasbourg-CEDEX APDC Pesiaran Duta, 9th Floor Apartado Postal 11-0470 France P.O. Box 12224 Jesus Maria, Lima II Tel: (33-88) 412-018, 412-000 Kuala Lumpur Peru Fax: (33-88) 412-792, 412-791 Malaysia Tel: (51-1) 463-9237 Tel: (603) 255-0648, 254-1371 Fax: (51-1) 463-5898 Fax: (603) 255-1160 E-mail: [email protected] E-mail: [email protected]

❖ Media Pack on Women and Human Rights ❖ Isis International-Manila PO Box 1837, Quezon City Main, Quezon City 1100, Philippines ❖ ❖ 11 Tels: (632) 435-3405, (632) 435-3408, (632) 436-0312 ❖ Fax: (632) 924-1065 E-mail: [email protected] URL: http://www.isiswomen.org European Court of Human Rights International Gay and Lesbian Human Rights Shirkat Gah Herbert Petzold, Registrar Commission P.O. Box 5192 Consil del l’Europe 1360 Mission Street, Suite 200 Lahore, Pakistan BP-431, R6-67006 San Francisco, CA 94103, USA E-mail: [email protected] Strasbourg-CEDEX Tel: (1-415) 255-8680 France Fax: (1-415) 255-8662 Sisterhood is Global Institute Tel: (33-88) 412-000 E-mail: [email protected] 4343 Montgomery Avenue Fax: (33-88) 412-791 Website: http://www.iglhrc.org Suite 201 Bethesda, MD 20814 Fiji Women’s Rights Movement (FWRM) International Human Rights Law Group USA Postal address: P.O. Box 14194 Women’s Rights Project Tel: (1-301) 657-4355 Suva, Fiji 1601 Connecticut Ave., NW Fax: (1-301) 657-4381 Tel: (679) 313-156 Suite 700, Washington, DC 20009 E-mail: [email protected] Fax: (679) 313-033 USA E-mail: [email protected] Tel: (1-202) 232-8500 Special Rapporteur on Violence Against Fax: (1-202) 232-6731 Women FOKUS-Forum for Women and Development E-mail: [email protected] Radhika Coomaraswamy Storgata 33C, Oslo, Centre for Human Rights Norway N-0184 International Women’s Rights Action Watch- United Nations Office Tel: (47-22) 209-570, 2098-2611 Asia Pacific (IWRAW-AP) Palais des Nations Fax: (47-22)209-569 2/F, Block F, Anjung Felda, Jalan Maktab CH-1211 Geneva 10 E-mail: [email protected] 54000 Kuala Lumpur, Malaysia Switzerland Website: http://www.fokuswomen.org Tel: (603) 291-3292 Tel: (41-22) 917-1234 Fax: (603) 298-4203 Fax: (41-22) 917-0123 Global Alliance Against Traffic in Women E-mail: [email protected] P.O. Box 1281 STV-Foundation Against Trafficking Bangkok Post Office International Women’s Tribune Center (IWTC) P.O. Box 1455, 3500 BL Bangkok 10500 777 UN Plaza Utrecht Thailand New York, NY 10017, USA The Netherlands Tel: (662) 435-5565 Tel: (1-212) 687-8633 Tel: (31-30) 271-6044 Fax: (662) 434-6774 Fax: (1-212) 661-2704 Fax: (31-30) 271-6084 E-mail: [email protected] E-mail: [email protected] Human Rights Watch Women’s Rights Project (Washington) Isis Internacional-Chile United Nations Development Fund for Women 1522 K Street, NW, #910 Postal Address: Casilla 2067, Correo Central (UNIFEM) Washington, DC 20005-1202 Santiago, Chile 304 East , 45th Street, 6/F USA Tel: (562) 633-4582, 638-2219 New York, USA, NY 10017 Tel: (1-202) 371-6592 Fax: (562) 638-3142 Tel: (1-212) 906-6400; 906-6930 Fax: (1-202) 371-0124 E-mail: [email protected] Fax: (1-212)906-6705 E-mail: [email protected] Website: http://www.isis.cl E-mail: [email protected] Website: http://www.hrw.org Website: http://www.unifem.undp.org Isis International-Manila Gopher: gopher://gopher.undp.org/1/unifem INFORM 3 Marunong Street, Bgy. Central, 5 Jayaratna Ave., Colombo 5 Quezon City 1100, Philippines United Nations Division for the Advancement Sri Lanka Postal Address: P.O. Box 1837 of Women Tel: (941) 584-350 Quezon City Main, Quezon City 1100 2 United Nations Plaza Fax: (941) 591-314 Philippines Rm. DC2-1220 E-mail: [email protected] Tel: (63-2) 435-3405, 435-3408, 436-0312 New York, NY 10017 Fax: (63-2) 924-1065 Tel: (1-212) 963-5086, 963-8034 International Centre for Human Rights and E-mail: [email protected] Fax: (1-212) 963-3463 Democratic Development (ICHRDD) Website: http://www.isiswomen.org Website: www.un.org/womenwatch/daw 63 Rue de Bresoles, Suite 100 Isis-WICCE (Women’s International Cross- Montreal, Quebec H2Y 1V7 Women Living Under Muslim Laws Cultural Exchange) Canada Boite Postale 23-34790 Plot 32 Bukoto Street, Kamwokya Tel: (1-514) 283-6073 Grabels, Montpellier Kampala, Uganda Fax: (1-514) 283-3792 France Postal Address: P.O. Box 4934 E-mail: [email protected] Tel: (33467) 109-166 Kampala, Uganda Website: http://www/ichrdd/ca/ Fax: (33467) 109-167 Tel: (256-41) 543-953 Fax: (256-41) 543-954 E-mail: [email protected] Website: http://www.isis.or.ug

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