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10 April 2000
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Commission on Human Rights
56th session
10 April 2000
Morning
Speakers Call for Greater Efforts to End Violence, Trafficking
A Special Rapporteur on the subject of violence against women told the Commission on Human Rights this morning that the continued practice of "honour killing" in many countries should be of serious concern to the international community.
The Commission also heard statements from Government delegates who deplored the persistence of violence against women and regretted that the Beijing Platform for Action of the 1995 World Conference on Women had not been fully implemented.
A representative of Afghanistan said that since the Taliban had taken power in Kabul, the lives of Afghan women had turned into nightmares, and they had been deprived of rights as basic as the freedom to study, work, or leave their homes without male escort.
Radhika Coomaraswamy, the Special Rapporteur on violence against women, introducing her annual report, said she was alarmed by a sudden increase in honour killings in countries such as Pakistan, Jordan and Turkey, and that such murders should be of serious concern to the international community. If women fell in love, sought divorce even from battering husbands, or entered into relationships outside marriage, they were seen as violating the honour of the community and were subject to the violence of their own family members: husbands, brothers or fathers. Honour killing was the most intimate of all crimes since it was those who were tied to woman a through love or family who were required to carry out her execution -- to kill her in cold blood, Mrs. Coomaraswamy said.
Ferida Arca, Rapporteur of the Committee on the Elimination of All Forms of Discrimination Against Women, told the Commission that 165 States had so far ratified the Convention, making it the second only to the Convention on the Rights of the Child as the most accepted human rights treaty. However, the Convention was still short of its goal of universal ratification by the year 2000, a goal set by the international community in both the 1993 Vienna Programme of Action and the 1995 Beijing Platform for Action, she said. The 27 countries that had not signed the Convention were urged to do so without delay.
Representatives of the following countries took part in the formal debate: Norway, Canada, Cuba, Haiti, Senegal, Bangladesh, El Salvador, Argentina, Afghanistan, Chile, United States, Indonesia, Nigeria, Philippines, Zambia, Sudan, Lithuania, Dominican Republic and the Netherlands.
The Commission will reconvene at 3 p.m. to resume its debate on the human rights of women.
Statements
RADHIKA COOMARASWAMY, Special Rapporteur on violence against women, as she introduced her report, underlined that the sudden increase in honour killings in countries such as Pakistan, Jordan and Turkey should be of serious concern to the international community. Honour killing was one of history's oldest gender-based crimes. It assumed that a woman's behaviour cast a reflection on the family and the community. If women fell in love, sought a divorce even from a battering husband, or entered into a relationship outside marriage, they were seen as violating the honour of the community. When a women engaged in those acts she was subject to violence from her own family members -- her own husband, brother or father. Honour killing was the most intimate of all crimes since it was those who were tied to the woman through love or affection who were required to carry out her execution -- to kill her in cold blood.
Trafficking in women was a dynamic concept and one should define it so as to respond to changing economic, social and political conditions. In the era of migration and hybrid civilizations one should recognize that what differentiated trafficking from migration was its non-consensual nature. Trafficking could never be consensual. There lay the crux of the problem. Whenever people were taken across borders against their will, that was an offense regardless of the services they would perform. Whether it was prostitution, forced labour or forced marriage, it was the lack of consent that one should focus on. Too often, trafficking was seen as an immigration problem. It was not. It was a human-rights problem. It was therefore a cause for concern that immigration and law-enforcement officers had taken the lead in defining the international terms of the trafficking debate. It was essential that the international community see trafficking within a human-rights paradigm and requiring a human-rights perspective to prevent it.
The international community could not tolerate the situation in Afghanistan. No regime anywhere in the world that treated women the Taliban way should be allowed access to the community of nations. A body of Government calling itself the Department of Virtue and the Suppression of Vice was responsible for the most inhuman edicts against women. Women were denied physical security in that members of that department assaulted women in the streets with instruments that looked like leather cricket bats. They did so with impunity and without due process, if women's ankles were showing, if they did not have a male escort, if they were wearing the wrong kind of burqua, if they were laughing loudly, listening to music, idling, or even wearing white stocks.
FERIDA ARCA, Rapporteur of the Committee on the Elimination of Discrimination Against Women, told the Commission that the 165 States had so far ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), making it the second to the Convention on the Rights of the Child as the most accepted human-rights treaty. However, the Convention was still short of its goal of universal ratification by the year 2000, a goal set by the international community in both the 1993 Vienna Programme of Action and the 1995 Beijing Platform for Action. The 27 countries that had not signed were urged to become States parties without delay so that the goal of universal ratification could be achieved during the current year.
Although the Convention continued to be subject to a large number of reservations, some of which were far-reaching, progress continued to be made in that regard. The General Assembly had reiterated the call made by the Fourth World Conference on Women that States parties should limit the extent of any reservation that was incompatible with international treaty law. The Assembly had also urged States parties to review regularly their reservations with a view to their withdrawal. In addition, the Assembly had adopted last October the Optional Protocol to the Convention. The Protocol struck a careful balance between communications and inquiry procedures existing under other human rights instruments, several of which had been drafted some time ago, and the progressive development of international law reflected in the practices of the relevant treaty bodies.
The Committee on the Elimination of Discrimination against Women was entering an important phase in its development. Since 1997, it had been able to meet twice yearly, which had allowed it to develop and consolidate its working methods. It had benefited from the high priority Governments, the United Nations system and civil society had accorded gender concerns since the Fourth World Conference on Women. Its procedures would be strengthened and its responsibilities deepened by the entry into force of the Optional Protocol.
BERTRAND RAMCHARAN, Deputy High Commissioner for Human Rights, said in reference to comments of Cuban authorities contained in document E/CN/4/2000/131 that the Office of the High Commissioner for Human Rights (OHCHR) maintained scrupulous objectivity towards all member States. Second, the OHCHR considered that the staff member named in the Cuban note acted in good faith and with integrity. Third, the report of the Special Rapporteur contained many remarks favourable to the Cuban authorities, which showed the objectivity of the Special Rapporteur and her staff. Fourth, the acquisition and use of internal correspondence as done in the Cuban comment raised issues of principle and propriety calling for further examination. The OHCHR had sought legal advice on this from the Office of Legal Affairs, and that information had been shared with the Permanent Mission of Cuba.
SUSAN ECKEY (Norway) said that internationally, crucial steps had been taken to promote and protect the human rights of women and girls; the most recent was the adoption of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by the General Assembly at its 54th session. Norway actively supported a strong protocol and had been one of the 24 State parties to sign the protocol immediately. Other countries were encouraged to follow suit. CEDAW had not yet been universally ratified and a large number of reservations had been made that were contrary to the object and purpose of the Convention
Norway had used legal measures and encouraged voluntary action to increase women's participation in public life. A crucial tool in this regard had been the Gender Equality Act, with its rules regarding quotas and affirmative action for women. Since the Act entered into force, Norwegian politics and public life had been advanced by the active encouragement of women with a wide variety of backgrounds and experiences to participate in politics and sit on public committees. The increased participation of women had strengthened democracy in a vital way. Women had put new topics on the political agenda, such as violence in all its forms and the need for new ways of organizing paid and unpaid work.
KIRSTEN RUECKER (Canada) said it was time to pause and reflect on the progress made in the struggle for women's rights. The adoption by the 54th General Assembly of the optional protocol to CEDAW, permitting the Committee to consider individual complaints, was an important step. An essential tool for State activities to implement the Convention was the General Comment No 28 on article 3 of the International Covenant on Civil and Political Rights which had been adopted two weeks ago. The International Criminal Court would be another key tool in advancing women's human rights. In Canada legislation had been tabled last year to allow for the full implementation of the relevant Statute. But instruments and mechanisms were only the beginning -- one had to ensure their application and implementation.
Canada welcomed the Special Rapporteur's report which had given attention to violence in the community, focusing on the endemic problem of trafficking. Some important initiatives had been taken within the United Nations, such as the identification of trafficking as a priority theme by the High Commissioner and her efforts to increase inter-agency cooperation. All Governments were encouraged to implement the recommendations of the joint workshop organized by the Office of the High Commissioner, the Division for the Advancement of Women and the UN Development Fund for Women. Governments had a critical role to play in trying to reverse the under-representation of women in UN activities and promote gender balance.
MERCEDES DE ARMAS GARCIA (Cuba) raised allegations of manipulation, lack of transparency and lack of objectivity on the part of several officials of the Office of the High Commissioner for Human Rights who organized the visit to Cuba of the Special Rapporteur on violence against women. The report of the Special Rapporteur satisfied the clear interests of certain politically motivated Governments. Nevertheless, the Special Rapporteur acknowledged in her report that the Cuban revolution of 1959 was a turning point in the advancement of Cuban women and a key factor in the full integration of women in to society. It had led to the establishment of a legal and social framework that guaranteed the realization of all women's rights.
Several figures by several UN agencies spoke for themselves: Cuban women accounted for 43.6 per cent of the work force; 66 per cent of technical and professional jobs; 32.3 per cent of managerial jobs; 27.6 per cent of members of Parliament; 60.6 per cent of university students; 70 per cent of persons in legal professions; and 60.2 per cent of magistrates. As the Special Rapporteur concluded, "The Cuban revolution had led to great benefits for women". The Special Rapporteur also described the impact of the illegal and brutal US economic embargo on Cuban women. The embargo constituted a form of persistent violence against Cuban women. It violated all their rights. The Special Rapporteur also highlighted the policy of hostility and aggression pursued by successive US Governments which had led to the death and permanent disability of hundreds of Cuban women and girls.
JOSEPH ANTONIO (Haiti) said the delegation wanted to thank the Special Rapporteur for her report and stress the importance of her observations and recommendations outlined in the report. It was true that much work remained to be done in the improvement of women's rights in Haiti, particularly within the field of legislation and implementation.
The Government would take the Rapporteur's recommendations seriously and promote the rights of this vulnerable group, particularly within the field of training female staff.
MOMAR GUEYE (Senegal) said the ongoing assessment of the implementation of the Beijing Action Plan took into account the limited progress achieved so far in the enhancement of women's fundamental rights. The political, social and economic changes of the '90s had had negative repercussions on women and had impeded developing countries' efforts to implement the Beijing Platform for Action. Among the obstacles were armed conflicts, population displacements, discriminatory policies against women, lack of financial and technical resources and the absence of clear objectives.
It was essential that every State promote women's rights through the implementation of the relative instruments, in particular CEDAW. Senegal had made efforts to implement a national policy of protection and promotion of human rights. Priority objectives defined in the second National Action Plan covering the period of 1997-2001 related to increasing women's participation in the labour force, increasing the literacy rate of girls, improving the health of women and girls, enhancing the role and place of women in society, strengthening the participation of women in public affairs and in the political decision-making process, financing projects initiated by women, promoting equality between the sexes, and encouraging women to practice all the professions.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said Bangladesh was committed to the promotion and protection of women's human rights, which could be seen both in the macroeconomic system and in political policies which had ushered in a rapid revolution transforming society. Women in Bangladesh were at the forefront, particularly in the promotion of micro-credit programmes. The delegation of Bangladesh was proud that the highest office in Bangladesh was occupied by a woman. Women in Bangladesh had not been given power but had taken power.
In Bangladesh, education for girls received the highest priority. Schooling was free for girls up to age nine. Nutrition and health standards had improved, as had the representation of women in public institutions. Shelter and rehabilitation programmes focused on women. The Government had taken legislative steps to protect women from violence, such as through the 1980 Dowry Prohibition Act, the 1983 Cruelty to Women Ordinance, the 1993 Suppression of Immoral Trafficking Act, and the 1999 Women and Child Repression Act. The Special Rapporteur had been invited to Bangladesh and the Government looked forward to a constructive consultation as improvements were needed in Bangladesh, as everywhere. In South Asia, Bangladesh had played a key role in formulating the draft SAARC Convention on Preventing and Combatting Trafficking in Women and Children.
CARLOS GARCIA GONZALEZ (El Salvador) said the Salvadoran Government attached great importance to the Beijing Declaration and had been taking appropriate measures to integrate women and to eliminate any obstacles to their advancement in society. In addition, the Government had launched awareness-increasing campaigns and training programmes to raise the level of women's integration into civic and professional life. The Government was also implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, and it was prepared to adopt the optional protocol to the Convention.
It had put mechanisms into effect to prevent women from violence within or outside the family. Other gender-oriented measures had also been carried out in addition to support offered to the women's movement. The Government of El Salvador believed that women's rights were integral and indivisible parts of human rights and should be protected and promoted as such. Furthermore, the Government had implemented additional mechanisms which guaranteed the rights of women.
NORMA NASCIMBENE DU DUMONT (Argentina) said violence against women could have tragic results in the context of armed conflicts, where sexual violence was often used as a weapon of ethnic cleansing. Argentina had undertaken many initiatives to address the needs of women. Since 1994, several human-rights instruments had been incorporated into the Constitution, including CEDAW. Argentina had also ratified the Inter-American Convention on the Prevention and Eradication of Violence against Women and had signed the optional protocol of CEDAW that provided for an effective mechanism to implement the treaty.
One of the most widespread abuses women had to face was family violence. The issue had been placed on the public and private agenda in Argentina. A law against family violence had been passed under which victims could report violence and request restraining measures. Information and assistance centres had been created to help combat domestic violence, which permeated all society. With regard to trafficking in women and children, more concrete measures needed to be adopted at the regional, national and international levels. In this context, Argentina was actively participating in Vienna in the elaboration of a protocol to prevent, eradicate and penalize trafficking in persons. Argentina had also increased its penalties against sexual abuse.
HUMAYUN TANDAR (Afghanistan) said that until recently Afghan women had been participating in the economic , agricultural, artistic and pastoral life of the country. The modern evolution of the country had also opened the possibility for them to work in administration and in productive enterprises. However, after the exportation of the fanatic group to Afghanistan and the occupation of the capital city, the living conditions of women had become a nightmare. On the next day, thousands of women lost their jobs while often they were the ones who assumed family charges because many among them were widows; thousands of girl students were forced to leave universities and schools; and women teachers had to remain at home.
Access to hospitals and medical care had been prohibited and some medical service for woman had been suppressed, while the country had one of the highest rates of maternal and infant mortality. Women had lost their rights to leave their houses and were obliged to wear chadors, which had affected poor women who had no means of buying those clothes. Those who were found not abiding by the new rules were violently battered by the Taliban religious police. In the minds of the Taliban, women represented danger and insecurity; they were born to satisfy the men and for purposes of reproduction. The international community was called upon to come to the assistance of Afghan women and to help end their sufferings.
PAMELA VILLALOBOS (Chile) said the United Nations and various other regional organizations had provided a legal framework for the protection of women, but the reality was such that the international community had to continue to be vigilant as there were still challenges and obstacles to overcome. Chile had committed itself to the incorporation of the gender dimension into all the activities of the United Nations, especially in the bodies and mechanisms with responsibility for the protection and advancement of human rights. Chile would join Canada and submit a draft resolution to this effect.
In 1991, Chile's National Service for Women had been established. The Government of President Lagos had placed special emphasis on the idea of equality and had encouraged the participation of women in public decision-making in foreign relations, health, education, and planning. Reforms had been initiated to eliminate discrimination against women in the Constitution and the law. One of the most serious forms of discrimination was domestic violence, which was dealt with in a 1995 law on violence within the family. At the same time, initiatives had been taken to prevent violence and provide support for those affected, whether by the State or by civil society. In 1998, rules had been reformed to recognize the legal equality of boys and girls born in and out of wedlock. Chilean society still had a long way to go, particularly within the fields of education and employment.
KARIN RYAN (the United States) said women and children made up 80 per cent of the world's 30 million refugees. Women in virtually every society faced discrimination, violence and abuse. There were few places where women had as little control over their lives as Afghanistan. As US Secretary of State Madeleine Albright had said of the Taliban, "the only female rights they seem to recognize are the rights to remain silent and invisible, uneducated and unemployed". Although some small improvements had been made, most Afghan women were still prevented from working outside the home. Girls remained officially barred from most types of education.
Another major challenge that faced the international community was how to stop harmful traditional practices that targeted women, in particular female genital mutilation. Between 115 and 130 million women worldwide had been subjected to this awful practice and some 2 million more were at risk every single year. Another reprehensible practice was "honour killing," which in many cases escaped prosecution. Governments and human-rights activists must also work together to halt the loathsome practice of trafficking in persons, especially women and children. While education was absolutely vital, Governments too must do their part.
LUCIA RUSTAM (Indonesia) said all United Nations bodies, especially treaty-monitoring bodies, must achieve equitable gender representation. The composition of these bodies should be an indicator of the advancement of women within the United Nations system. The current make-up of treaty bodies was unequally divided by gender and in fact women were totally absent from some committees. Indonesia had signed the Optional Protocol to CEDAW, which further reflected its commitment to the full application of the Convention.
Indonesia had launched numerous initiatives to promote and safeguard the rights of women, including the investigation of all allegations of abuse of women's rights to ensure that the rule of law was upheld. A "zero-tolerance" policy on violence against women had been adopted in a National Action Plan last November. In 1998, Indonesia had established, by presidential decree, a National Commission on Violence against Women formed in the aftermath of the May 1998 riots in Jakarta during which numerous acts of violence were committed. A Joint Fact-Finding Team was established to investigate these incidents. A new bill was being drafted by several NGOs to offer a new definition of violence against women that would include family violence. Steps had been taken to appoint women judges, set up special units to process cases of violence against women, and establish legal aid agencies. Indonesia would be forming a national task force to follow up implementation of the Optional Protocol to CEDAW.
CHRISTY MBONU (Nigeria) said that with the establishment of a Federal Ministry of Women's Affairs and Youth Development with a mandate to promote the welfare of women and their full integration into society, gender concern had become elevated to a national issue in Nigeria. The Ministry carried out different programmes to implement the Beijing Platform of Action. Legal aid centres for a massive enlightenment campaign and to enhance legal education and legal literacy in cities and rural areas alike had been established, among other things. With the re-establishment of democracy in Nigeria, and the need to sensitize some target groups, a national workshop for female opinion moulders had been organized to educate them on their human rights.
In spite of the achievements recorded as a result of the Beijing Platform for Action, many women in different part of the globe still had to cope with such abuses as violence against women, trafficking in women, marital rape, and harmful traditional practices such as genital mutilation. It would take the political will and commitment of the leaders of the General Assembly Special Session to make a difference in the life of every woman. The session should would come up with practicable and achievable goals. Stake-holders on gender issues, especially NGOs and civil society, should actively participate in the Special Session and monitor the implementation of the outcome document.
DENIS YAP LEPATAN (the Philippines) said poverty provided opportunities for people to profit thought trafficking in women. It was important to see the link between trafficking and globalization, the economic link, and attack the root of the problem. Among the recommendations made in the just-concluded Asian Regional Initiative against Trafficking in Women and Girls (ARIAT) held last March, was to invite Governments to examine the relationship between economic development and trafficking in the context of preventive action. The causes were often economic: poverty, food scarcity, unemployment, indebtedness and even the growing gap between rich and poor.
To address the problem of trafficking it was essential to attack the various aspects of the problem. The ARIAT meeting had identified four strategic areas for action: prevention, protection, prosecution, repatriation and reintegration. It was possible that further steps were needed, including developmental, rule-of-law, crime prevention and humanitarian and human-rights approaches. In applying different approaches there was always a risk of losing sight of the bigger picture. Care should therefore be taken to ensure that the problem of trafficking was not fragmented. The coordination of the various programmes and initiatives undertaken by Governments, inter-governmental and non-governmental organizations was therefore critical.
PALAN MULONDA (Zambia) said time had shown that underplaying the importance of the human rights of women had deleterious consequences on any society. The full and equitable enjoyment of human rights by women and girls was a priority for the Zambian government. It had been working actively to promote and protect these rights and had put in place a number of measures aimed at redressing gender imbalances in recognition of the importance of human rights and in particular of women's rights.
Gender violence was a major problem of our time. It continued to manifest itself in many ways, such as femicide, spouse battering, incest, and defilement. Violence against women had existed in Zambia for a long time. However, the Government had intervened in recent years by establishing a Victim Support Unit. A Gender in Development Division had been established to co-ordinate the promotion of women's rights and gender-mainstreaming activities. A Committee on Legal Affairs had also been set up to ensure that the Government gave issues of gender and human rights priority and prominence.
HASSAN EL TALIB (Sudan) said women had played an important role in the fight to liberate the country from colonialism and afterwards had participated in the political and economic development of the country. Since liberation, women had been deputized in Parliament and held important posts as Government officials. In some ministries, the number of women employees exceeded that of men. In the country's universities and schools, female students constituted 60 per cent of total enrollment. Sudanese women also served as diplomats. Numerous other measures had been adopted to promote and protect the rights of Sudanese women. An association of Sudan's businesswomen had been one of the most active groups in Sudanese society.
The Sudanese People's Liberation Army, which was operating in the southern part of Sudan, however, had been violating the rights of women by abducting them with the aim of using them to render all sorts of services. The rebel group had a tactic of abducting, raping, and forcing women to leave the areas under their control. Moreover, the rebels consistently and arbitrarily used anti-personnel land mines against the civilian population and used civilian premises for military purposes to divert humanitarian aid deliveries to civilians under their control.
CARLOS AMAT FORES (Cuba) wished to make a few comments in reponse to the Secretariat's note delivered by the Deputy High Commissioner. Honest and transparent action was not accredited in words but in deeds. The Cuban delegation had not received any clarification as to the anomalies present in the report of the Special Rapporteur in the relevant part on Cuba. The Cuban delegation had requested the Secretariat to carry out an inquiry on this issue. The Cuban delegation did not appreciate the response of the Secretariat, which consisted only of comments of justification, not clarification. Was there any truth to Cuba's inquiry or not? Regarding the propriety issue in using internal information, the delegation of Cuba was not subject to internal regulation. The manipulation evident in the report clearly went against the principles of the United Nations Charter.
EDVARDAS BORISOVAS (Lithuania) enumerated a series of measures the Government had adopted to promote equal participation of women in all spheres of society. Lithuania had ratified CEDAW and had signed many international instruments for protection of the human rights of women. Implementation of the principle of equal opportunity was also included in the programme of the Government. One of the most significant achievements in compliance with UN recommendations and EU guidelines on equal opportunity was the adoption of the Law on Equal Opportunities for Men and Women which entered into force on 1 March 1999.
Violence in the family and sexual abuse were extremely sensitive matters. The problem of violence against women in the family was discussed and addressed by State institutions in cooperation with NGOs. One of the priority issues in mitigating violence and abuse in domestic and family life was the introduction of preventive measures by police offices in towns and districts. Assistance for women who suffered from violence was provided in 11 recently established crisis centres. By the end of 1999, a draft programme on control and prevention of prostitution and trafficking in people had been worked out, followed by proposals to start preparing legal acts regulating the dissemination of publications that were erotic or violent in nature.
RHADYS ABREU DE POLANCO (the Dominican Republic) said that the country had introduced a law amending the penal code to strengthen its provisions against violence in general and domestic violence in particular. The law also made sexual violence and incest crimes to be punished.
The Government's programme on non-violence had also introduced measures to protect women from any form of violence and to rehabilitate victims of violence. The Government had established centres for that purpose. The measures undertaken had been in accordance with the Beijing Platform for Action. In November 1998, the country's President had created a national commission for the prevention and for the fight against intra-family violence. The Commission had as members Government officials and private citizens.
HANS HEINEMAN (the Netherlands) reminded the Commission of the shock experienced last year by the killing of a woman by a gunman hired by her own family. These honour killings were a stark reminder of traditional practices occurring in many parts of the world. Honour killings must be condemned, and the Special Rapporteur was applauded for addressing these abhorrent killings. States were called upon to legislate against honour killings and punish perpetrators.
Another traditional practice was female genital mutilation, which affected the right to health. On the initiative of the Dutch Government, the General Assembly had adopted resolutions on traditional practices affecting the health of women and girls. The Commission was urged to continue to include passages on the elimination of harmful traditional practices in relevant resolutions. There was a need to develop, adopt and implement legislation and to prosecute perpetrators of such practices. Many women and girls around the world were still deprived of their human rights and subjected to the most atrocious forms of violence. The delegation of the Netherlands was pleased to announce that their Government would ratify the Optional Protocol to CEDAW early next year.
* *** *
56th session
10 April 2000
Morning
Speakers Call for Greater Efforts to End Violence, Trafficking
A Special Rapporteur on the subject of violence against women told the Commission on Human Rights this morning that the continued practice of "honour killing" in many countries should be of serious concern to the international community.
The Commission also heard statements from Government delegates who deplored the persistence of violence against women and regretted that the Beijing Platform for Action of the 1995 World Conference on Women had not been fully implemented.
A representative of Afghanistan said that since the Taliban had taken power in Kabul, the lives of Afghan women had turned into nightmares, and they had been deprived of rights as basic as the freedom to study, work, or leave their homes without male escort.
Radhika Coomaraswamy, the Special Rapporteur on violence against women, introducing her annual report, said she was alarmed by a sudden increase in honour killings in countries such as Pakistan, Jordan and Turkey, and that such murders should be of serious concern to the international community. If women fell in love, sought divorce even from battering husbands, or entered into relationships outside marriage, they were seen as violating the honour of the community and were subject to the violence of their own family members: husbands, brothers or fathers. Honour killing was the most intimate of all crimes since it was those who were tied to woman a through love or family who were required to carry out her execution -- to kill her in cold blood, Mrs. Coomaraswamy said.
Ferida Arca, Rapporteur of the Committee on the Elimination of All Forms of Discrimination Against Women, told the Commission that 165 States had so far ratified the Convention, making it the second only to the Convention on the Rights of the Child as the most accepted human rights treaty. However, the Convention was still short of its goal of universal ratification by the year 2000, a goal set by the international community in both the 1993 Vienna Programme of Action and the 1995 Beijing Platform for Action, she said. The 27 countries that had not signed the Convention were urged to do so without delay.
Representatives of the following countries took part in the formal debate: Norway, Canada, Cuba, Haiti, Senegal, Bangladesh, El Salvador, Argentina, Afghanistan, Chile, United States, Indonesia, Nigeria, Philippines, Zambia, Sudan, Lithuania, Dominican Republic and the Netherlands.
The Commission will reconvene at 3 p.m. to resume its debate on the human rights of women.
Statements
RADHIKA COOMARASWAMY, Special Rapporteur on violence against women, as she introduced her report, underlined that the sudden increase in honour killings in countries such as Pakistan, Jordan and Turkey should be of serious concern to the international community. Honour killing was one of history's oldest gender-based crimes. It assumed that a woman's behaviour cast a reflection on the family and the community. If women fell in love, sought a divorce even from a battering husband, or entered into a relationship outside marriage, they were seen as violating the honour of the community. When a women engaged in those acts she was subject to violence from her own family members -- her own husband, brother or father. Honour killing was the most intimate of all crimes since it was those who were tied to the woman through love or affection who were required to carry out her execution -- to kill her in cold blood.
Trafficking in women was a dynamic concept and one should define it so as to respond to changing economic, social and political conditions. In the era of migration and hybrid civilizations one should recognize that what differentiated trafficking from migration was its non-consensual nature. Trafficking could never be consensual. There lay the crux of the problem. Whenever people were taken across borders against their will, that was an offense regardless of the services they would perform. Whether it was prostitution, forced labour or forced marriage, it was the lack of consent that one should focus on. Too often, trafficking was seen as an immigration problem. It was not. It was a human-rights problem. It was therefore a cause for concern that immigration and law-enforcement officers had taken the lead in defining the international terms of the trafficking debate. It was essential that the international community see trafficking within a human-rights paradigm and requiring a human-rights perspective to prevent it.
The international community could not tolerate the situation in Afghanistan. No regime anywhere in the world that treated women the Taliban way should be allowed access to the community of nations. A body of Government calling itself the Department of Virtue and the Suppression of Vice was responsible for the most inhuman edicts against women. Women were denied physical security in that members of that department assaulted women in the streets with instruments that looked like leather cricket bats. They did so with impunity and without due process, if women's ankles were showing, if they did not have a male escort, if they were wearing the wrong kind of burqua, if they were laughing loudly, listening to music, idling, or even wearing white stocks.
FERIDA ARCA, Rapporteur of the Committee on the Elimination of Discrimination Against Women, told the Commission that the 165 States had so far ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), making it the second to the Convention on the Rights of the Child as the most accepted human-rights treaty. However, the Convention was still short of its goal of universal ratification by the year 2000, a goal set by the international community in both the 1993 Vienna Programme of Action and the 1995 Beijing Platform for Action. The 27 countries that had not signed were urged to become States parties without delay so that the goal of universal ratification could be achieved during the current year.
Although the Convention continued to be subject to a large number of reservations, some of which were far-reaching, progress continued to be made in that regard. The General Assembly had reiterated the call made by the Fourth World Conference on Women that States parties should limit the extent of any reservation that was incompatible with international treaty law. The Assembly had also urged States parties to review regularly their reservations with a view to their withdrawal. In addition, the Assembly had adopted last October the Optional Protocol to the Convention. The Protocol struck a careful balance between communications and inquiry procedures existing under other human rights instruments, several of which had been drafted some time ago, and the progressive development of international law reflected in the practices of the relevant treaty bodies.
The Committee on the Elimination of Discrimination against Women was entering an important phase in its development. Since 1997, it had been able to meet twice yearly, which had allowed it to develop and consolidate its working methods. It had benefited from the high priority Governments, the United Nations system and civil society had accorded gender concerns since the Fourth World Conference on Women. Its procedures would be strengthened and its responsibilities deepened by the entry into force of the Optional Protocol.
BERTRAND RAMCHARAN, Deputy High Commissioner for Human Rights, said in reference to comments of Cuban authorities contained in document E/CN/4/2000/131 that the Office of the High Commissioner for Human Rights (OHCHR) maintained scrupulous objectivity towards all member States. Second, the OHCHR considered that the staff member named in the Cuban note acted in good faith and with integrity. Third, the report of the Special Rapporteur contained many remarks favourable to the Cuban authorities, which showed the objectivity of the Special Rapporteur and her staff. Fourth, the acquisition and use of internal correspondence as done in the Cuban comment raised issues of principle and propriety calling for further examination. The OHCHR had sought legal advice on this from the Office of Legal Affairs, and that information had been shared with the Permanent Mission of Cuba.
SUSAN ECKEY (Norway) said that internationally, crucial steps had been taken to promote and protect the human rights of women and girls; the most recent was the adoption of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by the General Assembly at its 54th session. Norway actively supported a strong protocol and had been one of the 24 State parties to sign the protocol immediately. Other countries were encouraged to follow suit. CEDAW had not yet been universally ratified and a large number of reservations had been made that were contrary to the object and purpose of the Convention
Norway had used legal measures and encouraged voluntary action to increase women's participation in public life. A crucial tool in this regard had been the Gender Equality Act, with its rules regarding quotas and affirmative action for women. Since the Act entered into force, Norwegian politics and public life had been advanced by the active encouragement of women with a wide variety of backgrounds and experiences to participate in politics and sit on public committees. The increased participation of women had strengthened democracy in a vital way. Women had put new topics on the political agenda, such as violence in all its forms and the need for new ways of organizing paid and unpaid work.
KIRSTEN RUECKER (Canada) said it was time to pause and reflect on the progress made in the struggle for women's rights. The adoption by the 54th General Assembly of the optional protocol to CEDAW, permitting the Committee to consider individual complaints, was an important step. An essential tool for State activities to implement the Convention was the General Comment No 28 on article 3 of the International Covenant on Civil and Political Rights which had been adopted two weeks ago. The International Criminal Court would be another key tool in advancing women's human rights. In Canada legislation had been tabled last year to allow for the full implementation of the relevant Statute. But instruments and mechanisms were only the beginning -- one had to ensure their application and implementation.
Canada welcomed the Special Rapporteur's report which had given attention to violence in the community, focusing on the endemic problem of trafficking. Some important initiatives had been taken within the United Nations, such as the identification of trafficking as a priority theme by the High Commissioner and her efforts to increase inter-agency cooperation. All Governments were encouraged to implement the recommendations of the joint workshop organized by the Office of the High Commissioner, the Division for the Advancement of Women and the UN Development Fund for Women. Governments had a critical role to play in trying to reverse the under-representation of women in UN activities and promote gender balance.
MERCEDES DE ARMAS GARCIA (Cuba) raised allegations of manipulation, lack of transparency and lack of objectivity on the part of several officials of the Office of the High Commissioner for Human Rights who organized the visit to Cuba of the Special Rapporteur on violence against women. The report of the Special Rapporteur satisfied the clear interests of certain politically motivated Governments. Nevertheless, the Special Rapporteur acknowledged in her report that the Cuban revolution of 1959 was a turning point in the advancement of Cuban women and a key factor in the full integration of women in to society. It had led to the establishment of a legal and social framework that guaranteed the realization of all women's rights.
Several figures by several UN agencies spoke for themselves: Cuban women accounted for 43.6 per cent of the work force; 66 per cent of technical and professional jobs; 32.3 per cent of managerial jobs; 27.6 per cent of members of Parliament; 60.6 per cent of university students; 70 per cent of persons in legal professions; and 60.2 per cent of magistrates. As the Special Rapporteur concluded, "The Cuban revolution had led to great benefits for women". The Special Rapporteur also described the impact of the illegal and brutal US economic embargo on Cuban women. The embargo constituted a form of persistent violence against Cuban women. It violated all their rights. The Special Rapporteur also highlighted the policy of hostility and aggression pursued by successive US Governments which had led to the death and permanent disability of hundreds of Cuban women and girls.
JOSEPH ANTONIO (Haiti) said the delegation wanted to thank the Special Rapporteur for her report and stress the importance of her observations and recommendations outlined in the report. It was true that much work remained to be done in the improvement of women's rights in Haiti, particularly within the field of legislation and implementation.
The Government would take the Rapporteur's recommendations seriously and promote the rights of this vulnerable group, particularly within the field of training female staff.
MOMAR GUEYE (Senegal) said the ongoing assessment of the implementation of the Beijing Action Plan took into account the limited progress achieved so far in the enhancement of women's fundamental rights. The political, social and economic changes of the '90s had had negative repercussions on women and had impeded developing countries' efforts to implement the Beijing Platform for Action. Among the obstacles were armed conflicts, population displacements, discriminatory policies against women, lack of financial and technical resources and the absence of clear objectives.
It was essential that every State promote women's rights through the implementation of the relative instruments, in particular CEDAW. Senegal had made efforts to implement a national policy of protection and promotion of human rights. Priority objectives defined in the second National Action Plan covering the period of 1997-2001 related to increasing women's participation in the labour force, increasing the literacy rate of girls, improving the health of women and girls, enhancing the role and place of women in society, strengthening the participation of women in public affairs and in the political decision-making process, financing projects initiated by women, promoting equality between the sexes, and encouraging women to practice all the professions.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said Bangladesh was committed to the promotion and protection of women's human rights, which could be seen both in the macroeconomic system and in political policies which had ushered in a rapid revolution transforming society. Women in Bangladesh were at the forefront, particularly in the promotion of micro-credit programmes. The delegation of Bangladesh was proud that the highest office in Bangladesh was occupied by a woman. Women in Bangladesh had not been given power but had taken power.
In Bangladesh, education for girls received the highest priority. Schooling was free for girls up to age nine. Nutrition and health standards had improved, as had the representation of women in public institutions. Shelter and rehabilitation programmes focused on women. The Government had taken legislative steps to protect women from violence, such as through the 1980 Dowry Prohibition Act, the 1983 Cruelty to Women Ordinance, the 1993 Suppression of Immoral Trafficking Act, and the 1999 Women and Child Repression Act. The Special Rapporteur had been invited to Bangladesh and the Government looked forward to a constructive consultation as improvements were needed in Bangladesh, as everywhere. In South Asia, Bangladesh had played a key role in formulating the draft SAARC Convention on Preventing and Combatting Trafficking in Women and Children.
CARLOS GARCIA GONZALEZ (El Salvador) said the Salvadoran Government attached great importance to the Beijing Declaration and had been taking appropriate measures to integrate women and to eliminate any obstacles to their advancement in society. In addition, the Government had launched awareness-increasing campaigns and training programmes to raise the level of women's integration into civic and professional life. The Government was also implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, and it was prepared to adopt the optional protocol to the Convention.
It had put mechanisms into effect to prevent women from violence within or outside the family. Other gender-oriented measures had also been carried out in addition to support offered to the women's movement. The Government of El Salvador believed that women's rights were integral and indivisible parts of human rights and should be protected and promoted as such. Furthermore, the Government had implemented additional mechanisms which guaranteed the rights of women.
NORMA NASCIMBENE DU DUMONT (Argentina) said violence against women could have tragic results in the context of armed conflicts, where sexual violence was often used as a weapon of ethnic cleansing. Argentina had undertaken many initiatives to address the needs of women. Since 1994, several human-rights instruments had been incorporated into the Constitution, including CEDAW. Argentina had also ratified the Inter-American Convention on the Prevention and Eradication of Violence against Women and had signed the optional protocol of CEDAW that provided for an effective mechanism to implement the treaty.
One of the most widespread abuses women had to face was family violence. The issue had been placed on the public and private agenda in Argentina. A law against family violence had been passed under which victims could report violence and request restraining measures. Information and assistance centres had been created to help combat domestic violence, which permeated all society. With regard to trafficking in women and children, more concrete measures needed to be adopted at the regional, national and international levels. In this context, Argentina was actively participating in Vienna in the elaboration of a protocol to prevent, eradicate and penalize trafficking in persons. Argentina had also increased its penalties against sexual abuse.
HUMAYUN TANDAR (Afghanistan) said that until recently Afghan women had been participating in the economic , agricultural, artistic and pastoral life of the country. The modern evolution of the country had also opened the possibility for them to work in administration and in productive enterprises. However, after the exportation of the fanatic group to Afghanistan and the occupation of the capital city, the living conditions of women had become a nightmare. On the next day, thousands of women lost their jobs while often they were the ones who assumed family charges because many among them were widows; thousands of girl students were forced to leave universities and schools; and women teachers had to remain at home.
Access to hospitals and medical care had been prohibited and some medical service for woman had been suppressed, while the country had one of the highest rates of maternal and infant mortality. Women had lost their rights to leave their houses and were obliged to wear chadors, which had affected poor women who had no means of buying those clothes. Those who were found not abiding by the new rules were violently battered by the Taliban religious police. In the minds of the Taliban, women represented danger and insecurity; they were born to satisfy the men and for purposes of reproduction. The international community was called upon to come to the assistance of Afghan women and to help end their sufferings.
PAMELA VILLALOBOS (Chile) said the United Nations and various other regional organizations had provided a legal framework for the protection of women, but the reality was such that the international community had to continue to be vigilant as there were still challenges and obstacles to overcome. Chile had committed itself to the incorporation of the gender dimension into all the activities of the United Nations, especially in the bodies and mechanisms with responsibility for the protection and advancement of human rights. Chile would join Canada and submit a draft resolution to this effect.
In 1991, Chile's National Service for Women had been established. The Government of President Lagos had placed special emphasis on the idea of equality and had encouraged the participation of women in public decision-making in foreign relations, health, education, and planning. Reforms had been initiated to eliminate discrimination against women in the Constitution and the law. One of the most serious forms of discrimination was domestic violence, which was dealt with in a 1995 law on violence within the family. At the same time, initiatives had been taken to prevent violence and provide support for those affected, whether by the State or by civil society. In 1998, rules had been reformed to recognize the legal equality of boys and girls born in and out of wedlock. Chilean society still had a long way to go, particularly within the fields of education and employment.
KARIN RYAN (the United States) said women and children made up 80 per cent of the world's 30 million refugees. Women in virtually every society faced discrimination, violence and abuse. There were few places where women had as little control over their lives as Afghanistan. As US Secretary of State Madeleine Albright had said of the Taliban, "the only female rights they seem to recognize are the rights to remain silent and invisible, uneducated and unemployed". Although some small improvements had been made, most Afghan women were still prevented from working outside the home. Girls remained officially barred from most types of education.
Another major challenge that faced the international community was how to stop harmful traditional practices that targeted women, in particular female genital mutilation. Between 115 and 130 million women worldwide had been subjected to this awful practice and some 2 million more were at risk every single year. Another reprehensible practice was "honour killing," which in many cases escaped prosecution. Governments and human-rights activists must also work together to halt the loathsome practice of trafficking in persons, especially women and children. While education was absolutely vital, Governments too must do their part.
LUCIA RUSTAM (Indonesia) said all United Nations bodies, especially treaty-monitoring bodies, must achieve equitable gender representation. The composition of these bodies should be an indicator of the advancement of women within the United Nations system. The current make-up of treaty bodies was unequally divided by gender and in fact women were totally absent from some committees. Indonesia had signed the Optional Protocol to CEDAW, which further reflected its commitment to the full application of the Convention.
Indonesia had launched numerous initiatives to promote and safeguard the rights of women, including the investigation of all allegations of abuse of women's rights to ensure that the rule of law was upheld. A "zero-tolerance" policy on violence against women had been adopted in a National Action Plan last November. In 1998, Indonesia had established, by presidential decree, a National Commission on Violence against Women formed in the aftermath of the May 1998 riots in Jakarta during which numerous acts of violence were committed. A Joint Fact-Finding Team was established to investigate these incidents. A new bill was being drafted by several NGOs to offer a new definition of violence against women that would include family violence. Steps had been taken to appoint women judges, set up special units to process cases of violence against women, and establish legal aid agencies. Indonesia would be forming a national task force to follow up implementation of the Optional Protocol to CEDAW.
CHRISTY MBONU (Nigeria) said that with the establishment of a Federal Ministry of Women's Affairs and Youth Development with a mandate to promote the welfare of women and their full integration into society, gender concern had become elevated to a national issue in Nigeria. The Ministry carried out different programmes to implement the Beijing Platform of Action. Legal aid centres for a massive enlightenment campaign and to enhance legal education and legal literacy in cities and rural areas alike had been established, among other things. With the re-establishment of democracy in Nigeria, and the need to sensitize some target groups, a national workshop for female opinion moulders had been organized to educate them on their human rights.
In spite of the achievements recorded as a result of the Beijing Platform for Action, many women in different part of the globe still had to cope with such abuses as violence against women, trafficking in women, marital rape, and harmful traditional practices such as genital mutilation. It would take the political will and commitment of the leaders of the General Assembly Special Session to make a difference in the life of every woman. The session should would come up with practicable and achievable goals. Stake-holders on gender issues, especially NGOs and civil society, should actively participate in the Special Session and monitor the implementation of the outcome document.
DENIS YAP LEPATAN (the Philippines) said poverty provided opportunities for people to profit thought trafficking in women. It was important to see the link between trafficking and globalization, the economic link, and attack the root of the problem. Among the recommendations made in the just-concluded Asian Regional Initiative against Trafficking in Women and Girls (ARIAT) held last March, was to invite Governments to examine the relationship between economic development and trafficking in the context of preventive action. The causes were often economic: poverty, food scarcity, unemployment, indebtedness and even the growing gap between rich and poor.
To address the problem of trafficking it was essential to attack the various aspects of the problem. The ARIAT meeting had identified four strategic areas for action: prevention, protection, prosecution, repatriation and reintegration. It was possible that further steps were needed, including developmental, rule-of-law, crime prevention and humanitarian and human-rights approaches. In applying different approaches there was always a risk of losing sight of the bigger picture. Care should therefore be taken to ensure that the problem of trafficking was not fragmented. The coordination of the various programmes and initiatives undertaken by Governments, inter-governmental and non-governmental organizations was therefore critical.
PALAN MULONDA (Zambia) said time had shown that underplaying the importance of the human rights of women had deleterious consequences on any society. The full and equitable enjoyment of human rights by women and girls was a priority for the Zambian government. It had been working actively to promote and protect these rights and had put in place a number of measures aimed at redressing gender imbalances in recognition of the importance of human rights and in particular of women's rights.
Gender violence was a major problem of our time. It continued to manifest itself in many ways, such as femicide, spouse battering, incest, and defilement. Violence against women had existed in Zambia for a long time. However, the Government had intervened in recent years by establishing a Victim Support Unit. A Gender in Development Division had been established to co-ordinate the promotion of women's rights and gender-mainstreaming activities. A Committee on Legal Affairs had also been set up to ensure that the Government gave issues of gender and human rights priority and prominence.
HASSAN EL TALIB (Sudan) said women had played an important role in the fight to liberate the country from colonialism and afterwards had participated in the political and economic development of the country. Since liberation, women had been deputized in Parliament and held important posts as Government officials. In some ministries, the number of women employees exceeded that of men. In the country's universities and schools, female students constituted 60 per cent of total enrollment. Sudanese women also served as diplomats. Numerous other measures had been adopted to promote and protect the rights of Sudanese women. An association of Sudan's businesswomen had been one of the most active groups in Sudanese society.
The Sudanese People's Liberation Army, which was operating in the southern part of Sudan, however, had been violating the rights of women by abducting them with the aim of using them to render all sorts of services. The rebel group had a tactic of abducting, raping, and forcing women to leave the areas under their control. Moreover, the rebels consistently and arbitrarily used anti-personnel land mines against the civilian population and used civilian premises for military purposes to divert humanitarian aid deliveries to civilians under their control.
CARLOS AMAT FORES (Cuba) wished to make a few comments in reponse to the Secretariat's note delivered by the Deputy High Commissioner. Honest and transparent action was not accredited in words but in deeds. The Cuban delegation had not received any clarification as to the anomalies present in the report of the Special Rapporteur in the relevant part on Cuba. The Cuban delegation had requested the Secretariat to carry out an inquiry on this issue. The Cuban delegation did not appreciate the response of the Secretariat, which consisted only of comments of justification, not clarification. Was there any truth to Cuba's inquiry or not? Regarding the propriety issue in using internal information, the delegation of Cuba was not subject to internal regulation. The manipulation evident in the report clearly went against the principles of the United Nations Charter.
EDVARDAS BORISOVAS (Lithuania) enumerated a series of measures the Government had adopted to promote equal participation of women in all spheres of society. Lithuania had ratified CEDAW and had signed many international instruments for protection of the human rights of women. Implementation of the principle of equal opportunity was also included in the programme of the Government. One of the most significant achievements in compliance with UN recommendations and EU guidelines on equal opportunity was the adoption of the Law on Equal Opportunities for Men and Women which entered into force on 1 March 1999.
Violence in the family and sexual abuse were extremely sensitive matters. The problem of violence against women in the family was discussed and addressed by State institutions in cooperation with NGOs. One of the priority issues in mitigating violence and abuse in domestic and family life was the introduction of preventive measures by police offices in towns and districts. Assistance for women who suffered from violence was provided in 11 recently established crisis centres. By the end of 1999, a draft programme on control and prevention of prostitution and trafficking in people had been worked out, followed by proposals to start preparing legal acts regulating the dissemination of publications that were erotic or violent in nature.
RHADYS ABREU DE POLANCO (the Dominican Republic) said that the country had introduced a law amending the penal code to strengthen its provisions against violence in general and domestic violence in particular. The law also made sexual violence and incest crimes to be punished.
The Government's programme on non-violence had also introduced measures to protect women from any form of violence and to rehabilitate victims of violence. The Government had established centres for that purpose. The measures undertaken had been in accordance with the Beijing Platform for Action. In November 1998, the country's President had created a national commission for the prevention and for the fight against intra-family violence. The Commission had as members Government officials and private citizens.
HANS HEINEMAN (the Netherlands) reminded the Commission of the shock experienced last year by the killing of a woman by a gunman hired by her own family. These honour killings were a stark reminder of traditional practices occurring in many parts of the world. Honour killings must be condemned, and the Special Rapporteur was applauded for addressing these abhorrent killings. States were called upon to legislate against honour killings and punish perpetrators.
Another traditional practice was female genital mutilation, which affected the right to health. On the initiative of the Dutch Government, the General Assembly had adopted resolutions on traditional practices affecting the health of women and girls. The Commission was urged to continue to include passages on the elimination of harmful traditional practices in relevant resolutions. There was a need to develop, adopt and implement legislation and to prosecute perpetrators of such practices. Many women and girls around the world were still deprived of their human rights and subjected to the most atrocious forms of violence. The delegation of the Netherlands was pleased to announce that their Government would ratify the Optional Protocol to CEDAW early next year.
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