COMMISSION ON STATUS OF WOMEN URGES STATES TO ACCORD FULL AND EQUAL RIGHTS TO WOMEN TO OWN LAND AND OTHER PROPERTY

WOM/1050
16 March 1998

Approves 11 Other Texts, Including Draft Conclusions on Major Areas of Concern of 1995 World Women's Conference; Concludes Session

The Commission on the Status of Women concluded its forty-second session on Friday night, 13 March, by adopting 12 texts, including "draft conclusions' on four of the critical areas of concern contained in the Beijing Platform for Action, the outcome of the 1995 Fourth World Conference on Women.

The Commission, which is a subsidiary body of the Economic and Social Council, is charged with monitoring implementation of the Beijing Declaration and Platform for Action, which is an agenda for women's empowerment. During the session, which met from 2 to 13 March, the Commission held 13 meetings, in addition to convening as the preparatory body for the General Assembly's Highlevel Review in the Year 2000 of the Implementation of the Nairobi ForwardLooking Strategies and the Beijing Platform for Action.

In one of the seven resolutions adopted without a vote, the Commission urged States to design and revise laws to ensure that women were accorded full and equal rights to own land and other property, including through the right to inheritance. States were also urged to undertake administrative reforms and other necessary measures to give women the same right as men to credit, capital, appropriate technologies, access to markets and information.

Following the adoption of this text, the representative of Zambia, speaking on behalf of the Southern African Development Community (SADC), called the adoption of the text by consensus a milestone for which all could be proud. The Chairman of the Commission, Patricia Flor (Germany), said she hoped the understanding reached on the issue of human rights and land discrimination rights would prevail for years to come.

By a vote of 34 in favour to 1 against (United States), with 5 abstentions (Lebanon, Lesotho, Norway, Rwanda, Uganda), the Commission approved a resolution on Palestinian women, to be submitted to the Economic and Social Council for adoption -- the only resolution approved by vote. (See Annex for details of the vote.)

By terms of that text, the Council would reaffirm that the Israeli occupation remains a major obstacle to Palestinian women's advancement, selfreliance and integration in the development planning of their society. Israel would be called on to facilitate the return of all refugees and displaced Palestinian women and children to their homes and properties in the occupied Palestinian territory.

By the terms of other resolutions, adopted without a vote, the Commission:

-- Recommended that all activities for the commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights should address the human rights of women to achieve common understanding and awareness on the promotion and protection of all human rights of women;

-- Condemned the continuing violations of the human rights of women and girls, including all forms of discrimination against them, in Afghanistan; and strongly urged all of the Afghan factions to end discriminatory policies and to recognize, protect and promote the equal rights and dignity of women and men;

-- Condemned violent acts against civilian women and children in areas of armed conflict and called for the immediate release of women and children taken hostage, including those subsequently imprisoned;

-- Called upon concerned governments, particularly those of sending and receiving countries, to put in place penal and criminal sanctions to punish perpetrators of violence against women migrant workers and to provide victims of violence with immediate assistance, such as counselling, legal and consular assistance, and temporary shelters;

-- Invited Member States to consider implementing at the national level recommendations on older women and support systems, including in the areas of research, economic security, education and empowerment, and the well- being of caregivers; and

-- Urged the Secretary-General to ensure that the obstacles encountered in implementing the medium-term plan for the advancement of women are dealt with effectively; and stressed, in particular, the importance of mainstreaming a gender perspective into the formulation and implementation of operational activities for development of the United Nations system.

Another resolution, approved and recommended to the Economic and Social Council for adoption, would urge the Secretary-General to ensure that the obstacles encountered in implementing the medium-term plan for the advancement of women are dealt with effectively. It stresses, in particular, the importance of mainstreaming a gender perspective into the formulation and implementation of operational activities for development of the United Nations system.

The Commission approved, as amended, draft conclusions on four critical areas of concern identified by the Beijing Platform for Action of the 1995 Fourth World Conference on Women. The agreed conclusions emerged from expert panel discussions and exchanges of views among Commission members, and covered the following issues: human rights of women, the girl child, women and armed conflict, and violence against women. Those texts were the subject of intense negotiations until the final hour of the session, which concluded at 11:45 p.m.

By the terms of the draft conclusions on human rights of women, governments, non-governmental organizations (NGOs) and other actors in civil society would be asked to ensure universal awareness of the human rights and fundamental freedoms of women and children, including the girl child, through comprehensive human rights education, in accordance with the United Nations Decade for Human Rights Education, and to create and promote a culture of human rights, development and peace.

The draft conclusions on the girl child would have the Commission urge the elaboration of an optional protocol to the Convention on the Rights of the Child on measures to prevent and eradicate the sale of children, child prostitution and pornography. Governments would be asked to enact and enforce laws that prohibit sexual exploitation and to prosecute and punish offenders.

By the provisions of the draft text on women and armed conflict, the Commission would have governments modify legal definitions and standards to ensure they encompass concerns of all women and girls affected by armed conflict and, in particular, make explicit that systematic rape and sexual slavery in armed conflict constitute war crimes.

The draft conclusions on violence against women, would ask governments to formulate multi-disciplinary and coordinated national plans, programmes and strategies to eliminate all forms of violence against women and girls, and provide targets and timetables for implementation and effective domestic enforcement procedures.

The Commission also adopted a text read out by the Chairperson that would have the Economic and Social Council endorse the conclusions.

Finally, the Commission adopted the draft provisional agenda and documentation for its forty-third session, and an orally amended report of its forty-second session.

Closing remarks were made by the Chairperson of the Commission, as well as by representatives of South Africa, on behalf of the SADC; Mexico, Mali; United Kingdom, on behalf of the European Union; Uganda; Indonesia, on behalf of the "Group of 77" developing countries and China; Pakistan; United States; Russian Federation; China; Senegal; and Kenya. A representative of the NGO Committee on the Status of Women also made a statement.

Commission Work Programme

The Commission on the Status of Women met Friday evening to take action on the draft proposals on all issues it considered during its forty-second session. Following is a summary of the texts adopted and an account of the action taken by the Commission:

Before the Commission were draft resolutions on human rights and land rights discrimination; the situation of women and girls in Afghanistan; release of women and children taken hostage, including those subsequently imprisoned in armed conflicts; violence against women migrant workers; older women and support systems: gender and caregiving; Palestinian women; the midterm review of the system-wide medium-term plan for the advancement of women, including the status of women in the Secretariat; and the fiftieth anniversary of the Universal Declaration of Human Rights.

The Commission also had before it draft conclusions on four critical areas of concern identified by the Beijing Platform for Action of the 1995 Fourth World Conference on Women -- human rights of women; the girl child; women and armed conflict; and violence against women. The four issues were topics of panel discussions held during the first week of the Commission's two-week session.

Draft Resolutions

A draft resolution on human rights and land rights discrimination (document E/CN.6/1998/L.3) would have the Commission stress the need for full and urgent implementation of the rights of women, as guaranteed in all the relevant international human rights instruments. States would be urged to design and revise laws to ensure that women were accorded full and equal rights to own land and other property, including through the right to equal inheritance. They would also be urged to undertake administrative reforms and other necessary measures to give women the same right as men to credit, capital, appropriate technologies, access to markets and information. The United Nations High Commissioner for Human Rights would be called upon to increase awareness that land rights discrimination was a violation of human rights and that, in addressing the right to development, secure land tenure for women should be taken into account.

The text was sponsored by Botswana, Canada, Democratic Republic of the Congo, Finland, Kyrgyzstan, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, United Republic of Tanzania and Zambia. By a draft resolution on the situation of women and girls in Afghanistan (document E/CN.6/1998/L.5), recommended for adoption by the Economic and Social Council, the Council would condemn the continuing violations of the human rights of women and girls, including all forms of discrimination against them, in that country. The Council would strongly urge all of the Afghan factions to end discriminatory policies and to recognize, protect and promote the equal rights and dignity of women and men, including their rights to full and equal participation in the life of the country, freedom of movement, access to education and health facilities, employment outside the home, personal security, and freedom from intimidation and harassment, with special respect to the implications of discriminatory policies for the distribution of aid.

The draft text was sponsored by Austria, Bolivia, Canada, Chile, Finland, France, Germany, Greece, Ireland, Israel, Italy, Malawi, Marshall Islands, Netherlands, Panama, Portugal, Rwanda, South Africa, Spain, Sweden, Turkey, United Kingdom and the United States.

By the terms of a text on women and children taken hostage (document E/CN.6/1998/L.6), the Commission would condemn violent acts in contravention of international humanitarian law against civilian women and children in areas of armed conflict, and would call for an effective response to such acts, including the immediate release of such women and children taken hostage, including those subsequently imprisoned, in armed conflicts. All parties to armed conflicts would be strongly urged to respect fully the norms of international humanitarian law in armed conflict and to take all necessary measures for the protection of these women and children and for their immediate release.

The draft text was sponsored by Argentina, Azerbaijan, Bangladesh, Bolivia, Bosnia and Herzegovina, Ecuador, Guatemala, Iran, Jordan, Kazakhstan, Kyrgyzstan, Malaysia, Mali, Morocco, Namibia, Nigeria, Pakistan, Peru, South Africa, Tajikistan, Tunisia, Turkey, Turkmenistan, Uzbekistan and Zimbabwe.

A proposal on violence against women migrant workers (document E/CN.6/1998/L.7) would have the Commission call upon concerned governments, particularly of sending and receiving countries, to put in place penal and criminal sanctions to punish perpetrators and to provide victims of violence with immediate assistance, such as counselling and legal and consular assistance that would allow them to be present during the judicial process, as well as establishing reintegration and rehabilitation schemes for returning migrant workers. It would invite concerned governments, particularly in sending and receiving countries, to include in their national action plans information on the problems of women migrant workers. It would encourage the Committee on the Elimination of Discrimination against Women to consider developing a general recommendation on the situation of women migrant workers.

The draft text was sponsored by the Dominican Republic, Ecuador, Indonesia, Mexico, Morocco, Paraguay, Peru, Philippines and Sri Lanka.

On caregiving and older persons (document E/CN.6/1998/L.8), the Commission would invite Member States to consider implementing recommendations, contained in an annex, which focus on research, economic security, and education and empowerment, as well as the well-being of caregivers. They call upon national and international statistical and research institutes to, among other things, analyse the needs of older persons and caregivers from a gender perspective. Among other recommendations, governments and intergovernmental and nongovernmental organizations are called on to value the important contributions older women make to development; ensure that older women have access to credit and income-earning possibilities; provide possibilities for training and retraining; and equip older women with knowledge of modern and traditional technologies so they remain in the mainstream of society.

The draft text was sponsored by Austria, Bangladesh, Bolivia, Canada, Chile, Costa Rica, Cote d'Ivoire, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Israel, Mali, Morocco, Panama, Paraguay, Philippines, Spain and the United States.

A draft resolution on Palestinian women (document E/CN.6/1998/L.9), recommended for adoption by the Economic and Social Council, was sponsored by Indonesia, on behalf of the "Group of 77" developing countries and China. By that text, the Council would stress its support for the Middle East peace process and the need for speedy and full implementation of the agreements already reached between the parties. It would reaffirm that the Israeli occupation remains a major obstacle to Palestinian women's advancement, selfreliance and integration in the development planning of their society. It calls upon Israel to facilitate the return of all refugees and displaced Palestinian women and children to their homes and properties in the occupied Palestinian territory.

The draft resolution on the mid-term review of the system-wide mediumterm plan for the advancement of women, including the status of women in the Secretariat (document E/CN.6/1998/L.10), is also recommended to the Economic and Social Council for adoption. By terms of this text, the Council would emphasize the need to implement the plan fully and would urge the SecretaryGeneral to ensure that the obstacles encountered in its implementation are dealt with effectively. It would stress, in particular, the importance of mainstreaming a gender perspective into the formulation and implementation of operational activities for development of the United Nations system and into the United Nations Development Assistance Framework, notably at the country level. The Economic and Social Council would recommend that gender equality and women's empowerment goals be integrated into the continuing United Nations reform process, including in the work of the executive committees.

A draft resolution on the fiftieth anniversary of the Universal Declaration of Human Rights, submitted by the Commission's Chairperson (document E/CN.6/1998/L.12), would have the Commission call on the General Assembly, the Economic and Social Council, the Commission on Human Rights and the United Nations system to ensure that the human rights of women form an integral part of all activities to commemorate the anniversary, and that they are also especially addressed through targeted activities. The Commission would recommend that specific activities are undertaken to highlight the human rights of women, while Member States, as well as other participants in the human rights field, would be encouraged to also mainstream a gender perspective into their commemorative activities.

..L^2D D^2L.. Draft Conclusions on Critical Areas

Also scheduled for action by the Commission were revised draft conclusions on the four critical areas of concern that were topics of panel discussions held as part of the Commission's forty-second session.

The revised draft conclusions on human rights of women (document E/CN.6/1998/CRP.2), submitted by the Commission's Chairperson as moderator of the panel discussion, would have the Commission on the Status of Women recommend that the Commission on Human Rights give particular attention to the economic and social rights of women in any discussions it might have at its forthcoming session in Geneva on the question of the appointment of a special rapporteur on the economic, social and cultural rights of women. The Secretary-General would be invited to report on the decisions taken on the matter to the Commission on the Status of Women in 1999. The rapporteur, if appointed, would be required to make reports available to the Commission.

Among other recommendations, Governments, NGOs and other actors in civil society would be asked to ensure universal awareness of the human rights and fundamental freedoms of women and children, including the girl child, through comprehensive human rights education, in accordance with the United Nations Decade for Human Rights Education, and to create and promote a culture of human rights, development and peace; develop and implement national legislation and policies prohibiting customary and traditional practices which harm women and violated their human rights; and mobilize resources and create conditions for the full exercise of women's economic, social, cultural, civil and political rights.

..L^2D D^2L.. By the revised draft conclusions on the girl child (document E/CN.6/1998/CRP.3/Rev.1), submitted by Marcela Nicodemos (Brazil), a vice- chairman who was moderator of the panel discussion on the topic, the Commission would urge elaboration of an optional protocol to the Convention on the Rights of the Child on measures to prevent and eradicate the sale of children, child prostitution and pornography; and elimination of traditional and customary practices that constitute son-preference through awareness- raising campaigns and gender training.

Governments would be asked to enact and enforce laws that prohibit sexual exploitation, including prostitution, incest, abuse and trafficking of children, paying special attention to girls; and prosecute and punish persons and organizations engaged in and/or promoting the sex industry, sexual exploitation and sex tourism. The Secretary-General would be asked to report on the girl child to the Commission on the Status of Women prior to the fiveyear review of the implementation of the Beijing Platform for Action scheduled for the year 2000.

..L^2D D^2L.. By revised draft conclusions on women and armed conflict (document E/CN.6/1998/CRP.4), submitted by Karam Fadi Habib (Lebanon), a vice-chairman and moderator of the panel discussion on the topic, the Commission would have governments work to prevent and put an end to aggression and all forms of armed conflicts, thereby promoting a culture of peace; and protect children, especially the girl child, in situations of armed conflict against participation, recruitment, rape and sexual exploitation through adherence to the applicable principles of international law on human rights and international humanitarian law and national legislation.

Governments would also be asked to examine and consider modifying existing legal definitions and standards to ensure they encompass concerns of all women and girls affected by armed conflict and, in particular, make explicit that systematic rape and sexual slavery in armed conflict constitute war crimes; ensure that where crimes of sexual violence are committed in conflict situations, that all perpetrators, including United Nations and international peacekeeping and humanitarian personnel, are prosecuted; take account of the impact of armed conflict on all women's health and introduce measures to address the full range of all women's health needs; and develop and implement innovative strategies to increase the participation of women in peace- keeping operations and invite the Secretary-General to analyse their effectiveness in his reports on peacekeeping operations.

Revised draft conclusions on violence against women (document E/CN.6/1998/CRP.5), submitted by Nonhlanhla Tsabedza (Swaziland), a vicechairman and moderator of the panel discussion on the topic, would have the Commission request States parties to the Convention on the Elimination of All Forms of Discrimination against Women to take into account in their initial and periodic reports to the Committee on the Elimination of Discrimination against Women, General Recommendation No. 19 on Violence against Women and the Declaration on Violence against Women.

States parties to international human rights treaties would also be asked to compile information and report on the extent and manifestations of violence against women, including domestic violence and harmful traditional practices, and measures taken to eliminate it, for inclusion in reports under the Convention on the Elimination of All Forms of Discrimination against Women, and include such information in reports to other treaty bodies.

The Commission would have governments formulate multi-disciplinary and coordinated national plans, programmes and strategies to eliminate all forms of violence against women and girls, and provide targets and timetables for implementation and effective domestic enforcement procedures; provide adequate infrastructure and support services to respond to the needs of survivors of violence against women and girls, and to assist towards full recovery and reintegration into society, such as witness protection programme, restraining orders against perpetrators, crisis centres, telephone hotlines, shelters, provisions for economic support and livelihood assistance.

Action on Draft Resolutions

The Commission took up the draft resolution on human rights and land rights discrimination (document E/CN.6/1998/L.3).

The following were added as co-sponsors of the text when it was introduced on Thursday: Austria, Belgium, Chile, Denmark, Ecuador, France, Ghana, Greece, Ireland, Italy, Kenya, Luxembourg, Netherlands, Norway, Portugal, Saint Lucia, Spain, Sweden, Turkey, United Kingdom and Zimbabwe.

Additional co-sponsors were added as follows: Angola, Bulgaria, Dominican Republic, Germany, Guinea, Guinea-Bissau, Mali, Nigeria, Philippines, Poland, Rwanda, South Africa, Switzerland, Togo, Uganda, and the United States.

Speaking before the Commission took action, the representative of the Sudan, proposed deletion of "equal" before "inheritance" in third line of operative paragraph 5, to read "... including through the right to inheritance ...". The adoption of the text in the manner he had proposed would provide lasting understanding of the issue of inheritance throughout the United Nations.

The representative of Zambia, on behalf of the SADC, expressed appreciation for the highly professional manner in which the representative of the Sudan had conducted the negotiations. The adoption of the text by consensus was a milestone all could be proud of.

The Commission Chairperson, Ms. FLOR (Germany), said she hoped understanding reached on the issue of human rights and land discrimination rights would prevail for years to come.

The Chairman said that the draft resolution would be adopted without a vote and with the understanding that no explanation of vote would be made.

The draft resolution was adopted, as orally revised, without a vote.

The Commission then took up the draft on the situation of women and girls in Afghanistan (document E/CN.6/1998/L.5).

The following were added as co-sponsors of the draft resolution when it was introduced on Thursday: Australia, Belgium, Czech Republic, Democratic Republic of the Congo, Denmark, Guatemala, Guinea-Bissau, Iceland, Japan, Kyrgyzstan, Liechtenstein, Luxembourg, Mali, New Zealand, Peru, Philippines, Romania and Slovakia. Additional co-sponsors were added as follows: Argentina, Bulgaria, Dominican Republic, Ecuador, Ghana, Guinea, Malta, Norway, Poland and Switzerland.

The Secretary of the Commission, KATE STARR NEWELL, read out the new operative paragraph added to the end of the resolution, as follows:

"7. Requests the Secretary-General to ensure that reports of future gender missions are made available to the Commission on the Status of Women."

The representative of the United States proposed that the word "Member" be deleted from operative paragraphs 4 and 6. (Reference would then be made to "States".)

The representative of the Russian Federation said his delegation had joined in the consensus. He trusted, however, that the Commission would, in future, look closely into the whole question of human rights objectively and impartially.

The draft resolution was adopted, as orally revised, without a vote.

The Commission then took up the draft resolution on the release of women and children taken hostage, including those subsequently imprisoned in armed conflicts (document E/CN.6/1998/L.6).

The following were added to the list of co-sponsors when it was introduced on Thursday: Angola, Botswana, Cote d'Ivoire, Georgia, Ghana, Guinea-Bissau and Togo.

Additional co-sponsors were added as follows: Dominican Republic, Guinea, Mozambique and the Sudan.

The draft text was adopted without a vote.

The Commission then took up the draft resolution on violence against women migrant workers (document E/CN.6/1998/L.7/Rev.1). The Chairperson drew attention to oral revisions to the text made on Thursday by the representative of the Philippines, which were reflected in the revised version.

The following were added as co-sponsors when the draft text was introduced on Thursday: Cote d'Ivoire, Bangladesh and Bolivia.

Additional co-sponsors were added as follows: Argentina, Ghana, Guinea, and Guinea-Bissau. The resolution was then adopted, as orally revised, without a vote.

The Commission then took up the draft resolution on older women and support systems: gender and caregiving (document E/CN.6/1998/L.8).

The following were added as co-sponsors when the draft resolution was introduced on Thursday: Australia, France, Germany, Ghana, Greece, GuineaBissau, Ireland, Japan, Lesotho, Malaysia, Nigeria, Pakistan, Peru, Portugal, Sudan and Togo.

Additional co-sponsors were added as follows: Bulgaria, Guinea, Indonesia, Italy, Malta, Namibia, Republic of Korea, Swaziland, Switzerland, Thailand, Uganda, United Kingdom, United Republic of Tanzania, and Uruguay.

The draft resolution was then adopted without a vote.

Next, the Commission took up the draft resolution on Palestinian women (document E/CN.6/1998/L.9).

The Commission Chairman, Ms. FLOR (Germany), said a recorded vote had been requested on the draft resolution.

Speaking before the vote, the representative of the United States said parts of the resolution were unacceptable because they addressed the status of issues that the parties had agreed would be the subject of direct negotiations in the Middle East peace process. The other language was one- sided, not objective and would not advance the status or well-being of women in society -- the intended beneficiaries of the resolution.

The observer of Israel said the resolution was blatantly politicized and flagrantly one-sided, to the extent that it damaged the credibility of the Commission as an advocate for women around the world. The resolution unfairly and without justification singled out Israel and stood in marked contrast to the high principles upon which the Commission was established. The Commission was not the forum for such discussion.

He said Israeli and Palestinian women's organizations met with each other and were in the process of building a greater degree of confidence between the parties. It was not through such dialogue that a new, peaceful co- existence between their two peoples would emerge. The draft resolution would serve no purpose other than to hamper the positive measures currently in place.

The draft text was approved, as orally revised, by a vote of 34 in favour to 1 against (United States), with 5 abstentions (Lebanon, Lesotho, Norway, Rwanda, Uganda). (For details of the vote, see Annex.)

Speaking after the vote, the representative of Lebanon said the text did not mention commitments Israel had not respected. His delegation had abstained, but Lebanon supported the legitimate struggle of the Palestinian people.

The representative of Norway said her country shared the concern for the difficult situation for Palestinian women and their families, as described in the draft resolution. That concern was the underlying basis for the considerable efforts her Government had made and continued to make in providing assistance to the Palestinian people.

Since the signing of the Oslo accords in 1993, she said Norway had transferred funds amounting to a total of approximately $180 million to the Palestinian people. Special attention was paid to involving Palestinian women in the development process. Norway remained strongly committed to that process. The Commission was not the right forum for addressing the problems pertaining to the Middle East peace process. Norway had, therefore, abstained on the present resolution.

The representative of the Russian Federation said he had supported the draft. His delegation believed its provisions reminded all of the need for progress in the Middle East peace process. It was important that decisions and resolutions help resolve the stalemate that had emerged in that process.

The observer of Palestine expressed thanks for the introduction of the text by Indonesia, on behalf of the Group of 77 and China. He said the large vote in support of the draft showed the support of the international community for the struggle of the Palestinian people. He looked forward to the day Palestine would participate fully as a member in the Commission's work.

The representative of Syria reiterated his country's support for the struggle of the Palestinian people against Israeli occupation. He urged the United Nations to support the Palestinian people, particularly Palestinian women until they recovered their legitimate rights and gained their independence.

Next, the Commission took up the draft resolution on the mid-term review of the system-wide medium-term plan for the advancement of women, including the status of women in the Secretariat (document E/CN.6/1998/L.10).

The following were added as co-sponsors when the draft text was introduced on Thursday: Argentina, Armenia, Angola, Australia, Bangladesh, Botswana, Cote d'Ivoire, Denmark, Dominican Republic, France, Ghana, GuineaBissau, Japan, Lesotho, Liechtenstein, Luxembourg, Malawi, Mali, Morocco, Nigeria, Norway, Romania, Rwanda, Senegal, Sudan and Uganda.

Additional co-sponsors were added as follows: Belgium, Bolivia, Ecuador, Guatemala, Guinea, India, Indonesia, Italy, Malaysia, Mozambique, Paraguay, Togo, and the United Republic of Tanzania.

The text was then adopted without a vote. Next, the Commission took up the draft resolution on the fiftieth anniversary of the Universal Declaration of Human Rights (document E/CN.6/1998/L.12), submitted by the Chairman.

The draft resolution was approved without a vote.

Other Action

The Commission then took up the draft report of the open-ended Working Group on the elaboration of a draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women (document E/CN.6/1998/WG/L.1), a revised version of the draft optional protocol (document E/CN.6/1998/WG/L.2); and a summary by the Chairperson of the Working Group (document E/CN.6/1998/WG/L.3).

The Working Group's draft report (document E/CN.6/1998/WG/L.1) gives an account of an exchange of views between the members during which they stressed the importance of concluding a strong protocol that would take account of the difficulties that women faced in accessing legal remedies for violations of their human rights, while building on existing and widely accepted principles. They emphasized the importance of concluding a strong, well-drafted text that would be widely accepted. Several delegations said it was vital not to allow reservations to the protocol.

A revised draft of the optional protocol submitted by the Chairperson of the open-ended Working Group (document E/CN.6/1998/WG/L.2) is the basis of the text contained in the report of the Commission on its forty-first session (document E/1997/27) and proposals made by the Commission at its current session. The document -- E/CN.6/1998/WG/L.3 -- contains a summary by the Chairperson in which it was stated that the Working Group agreed that the optional protocol would have a short, succinct preamble reflecting the international human rights framework of the United Nations.

The preamble would note that the United Nations Charter and the Universal Declaration of Human Rights establish the principles of equality between men and women and the entitlement of all, without distinction based on sex and other grounds, to human rights. Both the revised draft of the optional protocol and the Chairperson's summary contain draft articles of the optional protocol which, it is envisaged, would total 24 articles. Many provisions are still in brackets, indicating areas where there is no agreement, with one stating that no reservations to the protocol should be permitted. When the optional protocol is eventually approved, it would allow women to file complaints of human rights violations with the Committee on the Elimination of Discrimination against Women. ALOISIA WORGETTER (Austria), Chairperson of the Working Group, introduced the documents. She made oral amendments to the draft report of the Working Group and to the revised draft optional protocol. The changes would be reflected in the Commission's final report, she said.

The Commission then adopted the texts, as orally revised, and agreed to annex them to its final report.

KRISTIN TIMOTHY, of the Division for the Advancement of Women, introduced the draft provisional agenda and documentation for the Commission's forty-third session (document A/CN.6/1998/L.13). She said the documentation will be updated based on the decisions taken at the session.

The Commission then adopted the provisional agenda and documentation.

Action on Draft Conclusions

The draft conclusions on human rights of women (document E/CN.6/1998/CRP.2) submitted by the Chairman as the moderator of the panel discussion on the topic, was then orally revised on the basis of earlier consultations.

The draft conclusions were adopted, as orally revised, without a vote.

The Commission then took up the draft conclusions on the girl child (documents E/CN.6/1998/CRP.3 and CRP.3/Rev.1).

The moderator of the panel on that subject, MARCELA NICODEMOS (Brazil), a vice-chairman of the Commission, reporting on the consultations held on the text, said they had reached consensus on the document. She made oral amendments to the text.

The draft conclusions were adopted, as orally revised, without a vote.

Next, the Commission took up the draft conclusions on women and armed conflict (document E/CN.6/1998/CRP.4).

The representatives of Indonesia, on behalf of Group of 77 and China, the United Kingdom, the United States, made amendments to the text. The representative of the Sudan commended the drafters of a new paragraph added orally to the text by the representative of Indonesia -- on the protection of children, especially the girl child, in situations of armed conflict, against participation, recruitment, rape and sexual exploitation. He said he would join the consensus on the draft conclusions.

The draft conclusions on women and armed conflict, as orally revised, were adopted without a vote.

The Commission then took up the draft conclusions on violence against women (document E/CN.6/1998/CRP.5).

The moderator of the panel, NONHLANHLA TSABEDZE (Swaziland), a vicechairman of the panel, reporting on the consultations on the text, said there were no pending issues on the text that had just been circulated.

The draft conclusions on violence against women, as earlier revised in informal consultations, were adopted without a vote.

Ms. FLOR (Germany), Commission Chairman, then proposed that the Commission request the Economic and Social Council to endorse the conclusions.

She read out the following draft text:

"The Economic and Social Council endorses the following conclusions adopted by the Commission on the Status of Women with respect to the four critical areas of concern addressed by the Commission on its forty-second session: violence against women, women and armed conflict; the human rights of women; and the girl child."

The Commission then approved the draft text and requested its adoption by the Economic and Social Council. ZUZANA VRANOVA (Slovakia), a vice-chairman of the Commission and Rapporteur, introduced the Commission's report (documents E/CN.6/1998/L.2 and Add.1). The first part of the document contains organizational matters; the addendum summarizes the panel discussions. The Commission adopted the report.

Ms. FLOR (Germany), Commission Chairman, referring to the future methods of work of the Commission, said the Commission might wish to review the timing of the election of officers. The procedure now being followed by the Commission on Sustainable Development was a possible option to be considered -- election of a new Chairperson and other officers immediately following the closure of a regular session of the Commission on Sustainable Development. The new officers would effectively take charge of the intersessional work to prepare for the session over which it would preside.

She asked the Commission to consider the idea with a view to taking action on it at the next session. The Secretariat could prepare an informal paper providing information on the procedures and the experience of the Commission on Sustainable Development.

MUBARAK HUSSEIN RAHMTALLA (Sudan) said the Commission should request the informal paper.

IAN FELTON (United Kingdom) said the European Union would support any effort to improve the Commission's work.

SUDJADNAN PARNOHADININGRAT (Indonesia), on behalf the Group of 77 and China, said the Group would also support efforts to improve the Commission's working methods.

The Commission decided to request the Secretariat to provide the informal paper on information on the procedures and the experience of the Commission on Sustainable Development.

Closing Statements

IRMA ENGELBRECHT (South Africa), in a closing statement on behalf of the SADC, said it was their belief that the Commission's time should better be spent to share experiences learned and obstacles encountered by countries in the implementation of the Beijing Platform for Action. They did not understand the time spent on attempts during sessions of the Commission to renegotiate the Beijing Platform for Action instead of implementing it. They believed the time had come to review the Beijing process, and she hoped that Commission would come up with improved working procedures before the next session. They believed that allowing more time for panel discussion and interactive dialogue would help the process of improving the Commission's working procedures. The group recommended that the Director of the United Nations

HIV/AIDS Programme and officials from the Bretton Woods institutions should be involved in the next panel discussions which would be on health issues.

AIDA GONSALES (Mexico) agreed with comments made by the representative of South Africa. She said the Commission should consult more on selection of experts for its panel discussions. It should also think about ways of improving its work programme.

FATOUMATA DIAKITE (Mali) hailed the efforts to improve the human rights of the girl child and women victims of violence. She said the girl child was a future leader. Elimination of violence against women could contribute to development and consequently to economic and social progress.

Mr. FELTON (United Kingdom), speaking on behalf of the European Union, said the last two weeks had been very constructive. Efforts were being made to improve the Commission's working methods, and its work this year had been more focused. It was a process which had to be continued. The European Union would fully support efforts during the intersessional period to improve the Commission's procedures. It would be happy to contribute to ideas on improving the format of panel discussions.

GERALD NAMIREMBE BITAMAZIRE (Uganda) agreed the statement by the representative of South Africa and added that her delegation would like to hear more about the experiences of other countries and lessons they had learned.

Mr. PARNOHADININGRAT (Indonesia), speaking on behalf of the Group of 77 and China, expressed satisfaction about the successful conclusion of the session. The Group was encouraged by the positive cooperation of its partners in addressing the issues before the session.

MUNAWAR BHATTI (Pakistan) expressed the need for sharing experiences.

Ms. TARR-WHELAN (United States) said her country would be pleased to consult on the organization of the Commission's work during the intersessional meetings. The energy spent on work on reaching consensus on the draft conclusions should also be directed towards advancing the Commission's work.

ALEKSEY ROGOV (Russian Federation) said it would be very useful if the Secretariat followed up on the Beijing process.

Ms. FENG CUI (China) praised the fellowship exhibited during the session and paid tribute to the Secretariat staff, including the interpreters, for their cooperation and help. LO NDIAYE (Senegal) said the statement of the representative of South Africa illustrated the enormous tasks the Commission faced. Ms. ARCHAYA, a representative of the NGO Committee on the Status of Women, expressed appreciation for the opportunity given NGOs to participate in the work of the Commission.

GAUTAM MUKHOPADHAYA (India) also stressed the need to improve the Commission's work methods.

Ms. FLOR (Germany), Commission Chairperson, said that, in some respects, the Commission achieved its objectives, although in some other areas it did not. The spirit of cooperation exhibited during the session was amazing. She thanked delegations and Secretariat staff for their cooperation.

Highlights of Session

During the two-week session, the Commission discussed four critical areas of concern in the Beijing Platform of Action. This year's topics -human rights of women, the girl child, women and armed conflict, and violence against women -- were debated by expert panels, resulting in action- oriented recommendations for adoption by the Commission.

In its multi-year programme of work until 2000, the Commission focuses on some of the 12 critical areas of concern to women contained in the Beijing Platform for Action adopted at the 1995 Fourth World Conference on Women. The other critical areas of concern are the burden of poverty on women; unequal access to education and training; inadequate and unequal access to health care; inequality in economic structures and policies; inequality between men and women in the sharing of power and decision-making; insufficient mechanisms to promote the advancement of women; stereotyping of women and unequal access to the media; and gender inequalities in the management of natural resources and in safeguarding the environment. In the panel discussion on "human rights of women", it was stressed that governments should not compartmentalize the human rights of women. The equality of women should be treated as an encompassing right that should be realized by addressing the full range of civil, political, economic, social and cultural disadvantages that they experienced. Panellists also emphasized that women could not be equal until their poverty and economic inequality was addressed as an indivisible, central part of the human rights agenda. Attention was drawn to issues such as the importance of establishing national machineries to achieve the targets set at the Beijing Conference; the need for States to establish measures to remove the social obstacles to women's achievement of human rights; and the need for international organizations to supervise States compliance and implementation of human rights treaties regarding women's rights.

During a question-and-answer session with the experts, participants drew attention to issues relating to land rights, customary practices, such as female genital mutilation, the need for legal instruments, education of women of their basic rights, and sensitization of the population about the rights of women. Addressing literacy as a hindrance to women's understanding of their rights was also raised.

The four experts participating in the panel on the human rights of women were Shelagh Day, of the National Association of Women and the Law in Canada and a human rights consultant; Rose Mtengeti Migiro, a Senior Law Lecturer at the University of Dar es Salaam, United Republic of Tanzania; Shanti Dairiam, Director of the International Women's Rights Action Watch in Asia and the Pacific; and Cecilia Medina Quiroga, a expert from Chile and a member of the Human Rights Committee.

In the panel discussion on the "the girl child", experts said States were equipped, through international human rights instruments, with the framework for making human-centred decisions in setting priorities and allocating resources to protect girls. At the same time, it was important for girls to be listened to, and be involved in, issues affecting them. The need to focus on the girl child in rural areas, and to eradicate poverty in those areas of the world, was stressed. Attention was drawn to the importance of multiculturalism -- to empower the girl child by taking account of the reality of the diversity of cultural circumstances in which women and girls lived. The need for special attention for girls who experienced the trauma of conflict and war, including prostitution and rape, homelessness and rejection -- to ensure their reintegration into society -- was highlighted.

In the debate which followed the panel discussion, representatives drew attention to the problems of girls and women in rural areas and urged action to improve their situation. Attention was drawn to the phenomenon of child domestic workers. The lack of attention of governments to the concerns of girls was also stressed.

The four panellists on critical area of the girl child were Sadig Rasheed, Director of the Programme Division of the United Nations

Children's Fund (UNICEF); Paloma Bonfil Sanchez, Executive Secretary of the Interdisciplinary Group on Women, Work and Poverty (GIMTRAP), Mexico; Margaret Vogt, Senior Associate, International Peace Academy; and Lina Bellosillo-Laigo, Secretary of the Department of Social Welfare and Development of the Philippines. During the panel discussion on "women and armed conflict", it was emphasized that the ethnic conflicts in Rwanda and the former Yugoslavia had revealed how gender-based violence could be used as an instrument of torture, humiliation and destruction, and left lifelong scars. Panellists stressed that sexual violence during combat should be recognized as a crime against humanity which called for justice for the victims. There was strong support for the establishment of a permanent international criminal court to prosecute perpetrators of such crimes, and for more action by the United Nations and governments worldwide to secure women's equal participation in peace processes, in the administration of refugee camps, and in all conflict resolution and negotiation processes.

In comments and observations from members of the Commission and NGOs, speakers addressed the suffering of women under foreign occupation; the role of NGOs in the search for peaceful resolutions of conflicts; and the need to fight against all forms of fundamentalism. They also stressed the need to take account of local initiatives taken by women in Africa to prevent war and conflicts; and to establish mechanisms to address abuses perpetrated by United Nations peacekeepers.

The four experts on the panel on women and armed conflict were Bernard Muna of Cameroon, currently serving on the International Criminal Tribunal for Rwanda; Helga Hernes of Norway, Ambassador for Peacekeeping Operations, Ministry of Foreign Affairs; Hina Jilani of Pakistan, Advocate to the Supreme Court; and Rafiga Azimova of the Institute of Philosophy and Law of the Academy of Sciences in Azerbaijan.

On the issue of "violence against women", the Special Rapporteur on violence against women of the Commission on Human Rights proposed that a new optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women should be elaborated as a means to effectively combat violence against women. Other proposals from the panellists included the establishment of an international database to serve as a tool for informed decision-making to eliminate violence against women; an enhanced exchange of best practices and lessons learned; and the preparation of national action plans on the elimination of violence against women. The need for witness protection programmes for victims of domestic violence was also stressed. There was a call for a system to be put in place to ensure that men who battered women faced consequences for such action. In addition to legislation, there was need for public education to promote respect for laws that would prevent violence against women. There should be increased access to the law for women and the poor sectors of society.

Addressing the Commission on that panel were Radhika Coomaraswamy; Barbara Prammer, Federal Minister for Women's Affairs and Consumer Protection of Austria; Bonnie Campbell, Head of the United States Justice Department's Violence against Women Office; and Lisbeth Guevara, Professor of Law and member of the Commission against Domestic Violence of the National Women's Council in Venezuela. Also during the session, the Commission held a general debate on the follow-up to the 1995 Fourth World Conference on Women, including on national action plans, gender mainstreaming in the United Nations system, and emerging issues affecting the situation of women. The Commission also heard about progress made in the implementation of the Beijing Platform for Action at the national level.

Addressing the Commission on human rights issues, the United Nations High Commissioner for Human Rights, Mary Robinson, said her office had mounted a campaign for the universal ratification of the Convention on the Elimination of All Forms of Discrimination against Women. She said women should be recognized as the true peacemakers and peace-builders.

Responding to comments made by several representatives following her statement, the High Commissioner said it was time to pass the draft declaration on human rights defenders, under discussion in the Commission on Human Rights for some 13 years.

Throughout the debate, participants noted that despite remarkable advances in recognizing and elaborating the human rights of women, including through international treaties, millions of women and girls remained largely untouched by those agreements. Many continued to suffer from lifelong, gender-based oppression, and many more were denied their human rights to health, reproductive choice and freedom from coercion and violence. Members of the Commission had high praise for the effective role of NGOs in the implementation of the Beijing Platform for Action. Numerous NGOs participated in the session and in the general debate. At one point, they called for new and additional financial resources for the implementation of the Beijing Platform for Action.

Also during the session, the Commission held four meetings in its role as Preparatory Committee for the High-level General Assembly Plenary Review to be held in the year 2000. That review will assess the progress achieved in the implementation of the Nairobi Forward-looking Strategies for the Advancement of Women and the Beijing Platform for Action.

In its final meeting as the Preparatory Committee, the Commission approved a draft resolution that would have the General Assembly decide that a high-level review should be held as a special session of the General Assembly, from 5 to 9 June 2000, to appraise and assess the progress achieved in the implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women and the Beijing Platform for Action. The Assembly would recommend that the United Nations Development Programme (UNDP) and the World Bank should focus on gender issues in the Human Development Report and the World Development Report, respectively, for the year 2000.

Throughout the session, the open-ended Working Group on the elaboration of a draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women met in parallel to the Commission to continue its work on the draft protocol. The Group reported to the Commission, through its Chairman, Ms. Worgetter (Austria).

The Commission also appointed the following five members to its Working Group on Communications on the Status of Women. They are Dienebou Kaba Camara (Cote d'Ivoire), Sissel Salomon (Norway), Krystyna Zurek (Poland), Fidel Coloma (Chile), and Esmaeil Afshari (Iran). The Working Group considers confidential and non-confidential information sent to the Commission.

Officers, Membership

The Chairperson of the Commission was Patricia Flor (Germany). The four Vice-Chairpersons were: Nonhlanhla Tsabedze (Swaziland); Zuzana Vranova (Slovakia); Marcela Nicodemos (Brazil); and Karim Fadi Habib (Lebanon). Ms. Vranova (Slovakia) was also appointed Rapporteur.

The 45 members of the Commission on the Status of Women are elected for four-year terms on the following basis: 13 from African States; 11 from Asian States; four from Eastern European States; nine from Latin America and the Caribbean States; and eight from Western European and Other States.

The 1998 membership of the Commission is as follows: Angola, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Congo, Cote d'Ivoire, Cuba, Dominican Republic, Ethiopia, France, Germany, Ghana, Greece, India, Indonesia, Iran, Japan, Lebanon, Lesotho, Malaysia, Mali, Mexico, Morocco, Norway, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Russian Federation, Rwanda, Saint Lucia, Slovakia, Sri Lanka, Sudan, Swaziland, Thailand, Togo, Uganda, United Kingdom, United States.

ANNEX

Vote on Palestinian Women

The draft resolution on Palestinian women (document E/CN.6/1998/L.9) was adopted by a recorded vote of 34 in favour to 1 against, with 5 abstentions, as follows:

In favour: Angola, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Cote d'Ivoire, Cuba, Dominican Republic, France, Germany, Ghana, Greece, India, Indonesia, Iran, Japan, Malaysia, Mali, Mexico, Morocco, Paraguay, Philippines, Poland, Portugal, Republic of Korea, Russian Federation, Rwanda, Slovakia, Sudan, Swaziland, Thailand, Togo, United Kingdom.

Against: United States.

Abstain: Lebanon, Lesotho, Norway, Rwanda, Uganda.