Statement by Prof. Yak?n Ertürk, Special Rapporteur on violence against women, its causes and consequences Geneva, 11 March 2008

HUMAN RIGHTS COUNCIL

Seventh session, 2008


Mr. President, distinguished delegates, representatives of the United Nations and the NGO community. It is with great pleasure that I address the seventh session of the Human Rights Council.

At the outset I would like to celebrate the 15th anniversary of the Vienna Human Rights Conference, which signifies a turning point in the international recognition of violence against women as a human rights issue. We have made much progress since then in setting standards to combat violence against women. Yet, there is much to be done in achieving the universality of rights for women around the globe.

Thematic report on Indicators on violence against women and State response

I would like to start by sharing with the Council some of the key findings from my main annual report (A/HRC/7/6), which I have dedicated to the theme of indicators on violence against women, and State action to address such violence; the development of which are central to the struggle to end systematic violence that plagues women’s lives and compromises the integrity of societies.

My report is in response to a request by the Commission on Human Rights in its Resolution 2004/46 on violence against women, that I “recommend proposals for indicators on violence against women and on measures taken by, inter alia, Member States, to eliminate violence against women.” General Assembly resolutions 61/43 (2006) and 62/133 (2007) on “Intensification of efforts to eliminate all forms of violence against women” provide support for the development of such indicators and request the United Nations Statistical Commission and the Secretary-General to propose a set of possible indicators on violence against women, building on my work, in order to assist States in assessing the scope, prevalence and incidence of violence against women.

Indicators are crucial in providing guidance on policies and programmes, enabling measurement and monitoring progress, and guiding systematic data collection. In addition, establishing indicators on violence against women is a human rights obligation, as reflected in human rights jurisprudence and the due diligence principle, which calls upon States, among other things, to ensure that interventions designed to combat violence against women are based on accurate empirical data. This necessitates not just the compilation of accurate information, but also that it is produced in the form of indicators that make the data understandable for non-specialist decision-makers, allow for public scrutiny of interventions and enable the evaluation of State compliance with international obligations.

There has been an alarming lack of data in relation to human rights violations of women and girls. However, in recent years, numerous proposals have been put forth for developing violence against women indicators across United Nations agencies, governments and civil society. While there is not yet any consensus on such indicators, the general focus has been on measuring intimate partner violence, largely because the international knowledge base is strongest in this respect. Problematically, this focus leaves aside other forms of violence that ought to be measured and monitored.

I propose in my report three types of indicators for measuring violence against women, namely ‘grave violence’, ‘femicide’, and ‘social tolerance’ indicators. The first proposal would allow for major forms of violence to be recorded, moving beyond a narrow focus on intimate partner violence. I would like to stress that I am not proposing here a legal definition of what constitutes ‘grave violence’ but rather I use the term as a way to reflect forms of violence found across countries and societies, such as rape and serious sexual assault against girls and women, forced marriage, and serious intimate partner violence or sexual harassment. My second proposal is ‘femicide’ or murder of women, which is the gravest form of violence against women. Although femicide is not captured by prevalence methodology, it constitutes one of the most accurate criminal justice statistics where such data is available. Finally, my third proposal ‘social tolerance indicator’ points to the need to address factors that promote or constrain violence, including those social and cultural contexts in which it can continue unabated.

Developing indicators on measures taken by States to address violence against women is to a certain extent less complex than measuring violence, as there are clear responsibilities set out in international law, notably in the United Nations Declaration on the Elimination of Violence against Women. The indicators I propose in my report are thus rooted in international instruments. They consist, on the one hand, of institutional indicators relating to the legal and policy framework on violence against women, its causes and consequences, such as the existence of a Plan of Action on violence and the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, and on the other hand, of process indicators pertaining to women’s access to justice and reporting, victims’ protection, prevention and training.

In conclusion, allow me to note, Mr. President, that although considerable work needs to be done to move from proposals to implementation, there are many entry points for internationally comparable indicators on violence against women, which my report to this Council points to. I hope that governments - starting with Member States of this Council, the United Nations and civil society will seize the occasion and further explore the proposals I have made. A possible venue may be the creation of an expert working group to develop a technical guidance manual, oversee piloting and assess capacity building requirements in resource rich and poor contexts.

The ultimate objective should be to adopt reliable and internationally comparable indicators on violence against women at national and international levels, thereby filling a gap in the current struggle to eliminate violence against women and protect victims of violence. I look forward to collaborating with governments and relevant stakeholders such as the UN Statistical Commission in moving towards this aim.


Country Visits in 2007

Mr. President,

I would now like to present a brief overview of the findings from the country missions I conducted in 2007 in Algeria, Ghana, and the Democratic Republic of Congo (DRC). However, before doing so I would like to use this opportunity to thank the Governments of these countries for their cooperation and hospitality during my visit. I am particularly pleased to report that each mission generated a positive dialogue at both governmental and non-governmental levels, and the findings of my reports have been reflected, to varying degrees, in local and international media.

Algeria

From 21 to 31 January 2007 I visited Algeria, a country that has made considerable progress towards gender equality, both in legislative reform and in some social policy areas such as education. However, despite existing legal equality in many fields, women lack equal access to the labour market and decision-making positions. Legal gaps remain in the newly reformed Family Code, and as a result, women continue to face discrimination particularly with regard to marriage, child custody and inheritance.

Feminized poverty and marginalization are also areas of great concern. Some women, including divorced, separated and abandoned women, single mothers and women living on the street, are victims of social stigma and are highly vulnerable to violence. Of particular concern is the situation of women and girls who are ejected into the street, placing them at the risk of unchecked abuse and exploitation. Sexual harassment and abuse in public institutions are also increasingly being addressed as priority public policy issues.

Finally, violence from the past continues to pose a challenge for the Government of Algeria as well as for women who suffered from the legacy of the Black Decade. The trauma of oppression, rape and sexual enslavement, continues to haunt many women. Wives, mothers and sisters of men who disappeared during this period still await a just closure.

In my report, I recommend further legislative reforms, the strengthening of the national machinery for women, the adoption and full implementation of the National Strategy to Combat Violence against Women, the adoption of measures to advance women’s social, economic and political empowerment, the strengthening of support services to women, including shelters, and the adoption of a zero tolerance strategy in investigating and prosecuting cases of violence against women.

Ghana

I visited Ghana from 7 to 14 July 2007, a country which is at peace but its women are not. Violence against women is all too pervasive, within and outside the home. Physical and sexual abuse in the private sphere is widespread. Girls are subjected to early/child marriage or exploited as a domestic worker or as a Kayeye (porter). Female genital mutilation and practices of ritual servitude (Trokosi) remain prevalent in various parts of the country, even though these practices have been criminalized and are on the decrease. Women accused of witchcraft are often violently driven from their communities and forced to take refuge in “witch camps.” Widows are subjected to violent evictions from their homes, lose of inheritance, and left destitute.

In recent years, the Ghanaian Government has taken commendable steps towards protecting women from violence, the latest initiative being the adoption of the Domestic Violence Act in 2007. The police, courts, and social and health services, including the Domestic Violence Victims Support Unit tasked to investigate crimes of violence against women are, however, not sufficiently equipped and trained to effectively protect women facing violence.

Violence against women in Ghana is intimately linked to women’s subordinate position to men in most domains of life. Unequal gender relations are sustained by discriminatory marriage practices and marital relations, such as forced marriage and polygamy. High levels of poverty continue to be a major obstacle to achieving universal education for children, particularly for girls. Women are heavily underrepresented among public decision-makers. The participation of Ghanaian women in the labour market, though practically at the same level as that of men, is characterised by a large gender wage gap.

A further impediment to women’s equal enjoyment of rights is the coexistence of formal State institutions with a customary system which enjoys Constitutional recognition. Traditional authorities tend to favour respect for local custom over women’s rights. The challenge confronting the Government is to ensure that traditional authorities observe Ghana’s international obligations with respect to gender equality, enforce existing laws against practices such as domestic violence, female genital mutilation or ritual servitude, and refer cases involving serious crimes such as rape or sexual abuse to the formal criminal justice system.

I call on the Government of Ghana to enact legislation to strengthen women’s protection and equality for instance with respect to inheritance and the consequences of divorce; support women’s social, political and economic empowerment; ensure that all State apparatuses and traditional authorities comply with national and international commitments to women’s rights, and fully implement the Domestic Violence Act in a gender sensitive manner, including through the adoption of a Domestic Violence Action Plan with an adequate budget for its implementation.

Democratic Republic of Congo

From 16 to 27 July, I visited the DRC, where I focused on sexual violence, a defining feature of its armed conflicts. Although DRC has undergone a democratic election and the government in office is taking measures to reconstruct peace and stability in the country, continuing armed conflict poses a major challenge in this regard.

Women living in areas of armed conflict still suffer extreme levels of sexual violence, committed by the State armed forces (FARDC - Forces armées de la République démocratique du Congo), the Congolese National Police (PNC), non-state armed groups and increasingly civilians. The situation is particularly dramatic in the eastern part of DRC, where non-state armed groups, including foreign militia, commit sexual atrocities that aim at the complete physical and psychological destruction of women with implications for the entire society.

Violence against women extends beyond Eastern DRC. In Equateur Province, PNC and FARDC have carried out systematic reprisals against the civilian population, including mass rape. Soldiers and police, who commit these acts amounting to crimes against humanity, are rarely held to account by the commanding officers.

Impunity for rape and other crimes committed against women are massive. Reportedly, due to political interference and corruption, perpetrators, especially those that belong to the State security forces, go unpunished. The limited support made available to the overburdened justice system raises questions as to whether there is political will to end impunity.

Women survivors of rape have suffered severe physical and psychological injuries, but still lack sufficient care. Survivors are often stigmatized, rejected by their families and are systematically denied justice and the compensation to which they are entitled under international and Congolese Law.

Extreme sexual violence used during the armed conflicts seems to have eroded all protective social mechanisms, unleashing the exercise of brutal fantasies on women’s bodies. Civilians are increasingly among the perpetrators of rape, which has become another layer of oppression women encounter. If the violence associated with war is addressed in isolation, gender-based discrimination and the violence endured by women in “peace” will be grossly neglected and the war on women reinforced.

I therefore recommend to the Government of the DRC to demonstrate a zero tolerance policy on sexual violence and other gross human rights violations, including by investigating, prosecuting and sanctioning all perpetrators and implementing the 2006 Law on Sexual Violence; to improve the independence and capacity of the justice system; to reform the security sector; and to compensate, support and protect women survivors of violence.

Given the multitude of actors involved in the conflict in the DRC and the continuation of gross human rights violations, the international community, together with the Congolese authorities, has a responsibility to protect women in the DRC, particularly in its Eastern region, from further violence. The Security Council, in its Resolution on the protection of civilians in armed conflict, Security Council Resolution on the protection of civilians in armed conflict, S/RES/1674 (2006), adopted on 28 April 2006, paragraphs 11 and 19 condemned in the strongest terms all sexual and other forms of violence committed against civilians in armed conflict, in particular women and children, and demanded that all parties put an end to such practices. In its Resolution 1794 of last December Security Council Resolution 1794 S/RES/1794 (2007) adopted on 21 December 2007, extending the mandate of MONUC until 31 December 2008. the Security Council further called upon the Congolese authorities to put an end to impunity, by bringing to justice without delay perpetrators of grave violations of human rights and of international humanitarian law, with special attention to those responsible for grave violations against women and children, in particular sexual violence. Women living in the DRC are in dire need for these commitments to be implemented.

I thus urge the United Nations, MONUC troop-contributing countries and the international community at large to step up their efforts in their shared responsibility towards ending impunity and protecting victims of violence in the DRC. I also hope that the Human Rights Council will initiate dialogue on the problem of impunity for crimes against women in the DRC and contribute to the building of justice, security and peace without further delay.

Country Visits in 2008

In February of this year (from the 4th to the 13th), I conducted a fact-finding mission to the Kingdom of Saudi Arabia. I would like to express my deep gratitude to the Government of Saudi Arabia for their cooperation in the preparation and conduct of the visit. I will report on the findings of the mission in my next interaction with the Human Rights Council. I draw the attention of this Council to the press statement I released at the end of my visit to Saudi Arabia on 13 February 2008.

I am also happy to report that I have received an invitation from the Government of Tajikistan to carry out a visit to this country, which is tentatively scheduled to take place in May. I have also made requests to the Governments of Jordan, Kyrgyzstan, Turkmenistan, Uzbekistan, and Moldova to visit those countries.

Conclusion

Mr. President,

Violence against women has gained visibility world wide and has become a major agenda item within the work of the United Nations and its entities. The Secretary General has recently announced a seven year campaign to end violence against women. This is a most encouraging initiative. We now wait eagerly to see the political, institutional and financial support that will be committed to the implementation of the campaign. In this regard, the proposal for the creation of a post at the Under-Secretary General level to oversee the system-wide initiatives for gender equality has gained greater urgency. Moving forward with this proposal as a matter of priority, will be a strong demonstration of the political will behind the international agenda for women’s advancement.

In closing, I would like to acknowledge and congratulate the Human Rights Council for adopting Resolution 6/30 on ‘Integrating the rights of women throughout the United Nations system’, at its sixth session. The Resolution rightly acknowledges the need for a comprehensive approach to the promotion and protection of the human rights of women and the integration of a gender perspective into all aspects of the work of the United Nations system. In the same Resolution, the Council also calls for a discussion on violence against women in the first half of 2008. I welcome this initiative and stand ready to cooperate with the Council in its efforts to address violence against women.

I would like to thank you for your attention and look forward, Mr. President, to a constructive dialogue with the distinguished members of this Council.