SUBCOMMISSION COMPLETES DEBATE ON HUMAN RIGHTS WITH REGARD TO WOMEN, BEGINS REVIEW OF CONTEMPORARY FORMS OF SLAVERY
16 August 1999
MORNING
HR/SC/99/15
16 August 1999
The Subcommission on the Promotion and Protection of Human Rights this morning completed its discussion of human rights with regard to women -- including debate on traditional practices harmful to the health of women and girls and review of the role of women in development -- and began its annual consideration of contemporary forms of slavery.
A series of non-governmental organizations (NGOs alleged maltreatment of women in various countries.
The World Federation of Trade Unions said traditional familial roles were enshrined in secular and religious laws on divorce, property, succession, employment and matters of child custody, and that such laws supported the dominant ideology of patriarchy, which glorified women's roles as wives and mothers and retarded their access to non-traditional roles, keeping them in submission and legitimizing violence against them.
The rape of women during armed conflict was mentioned repeatedly. Allegations were raised against the armies of India, Indonesia, and Mexico, and -- as in previous years -- several NGOs called on the Government of Japan to admit responsibility for and pay compensation to women forced into sexual slavery during World War II.
Subcommission Expert Joseph Oloka-Onyango said it was only recently that rape had been considered an offense against women. It was first defined as an offense against property, he said, and then as an offense against men. In war, he said, rape was seen as one of the spoils, and there had been little redress for women who had been raped during military conflicts.
In opening the discussion on contemporary forms of slavery, Subcommission Expert Halima Embarek Warzazi, introducing the report of the Subcommission’s working group on the topic, said many aspects of the issue were not covered by international human-rights instruments and there was currently no effective way to monitor the situation.
Representatives of Iraq, Mexico, Cuba, Sudan and Pakistan spoke during the meeting.
NGOs addressing the Subcommission were the International Institute for Peace; Afro-Asian People`s Solidarity Organization; World Federation of Trade Unions; World Federation of Methodist and Uniting Church Women; International Educational Development; Association de Defense de Tunisiens a l'Etranger; Asian Buddhist Conference for Peace; Latin American Human Rights Association; Netherlands Organization for International Development Cooperation; African Commission of Health and Human Rights Promoters; Pax Romana; Survival International; Liberation; and International Association of Democratic Lawyers.
The Subcommission will continue its consideration of contemporary forms of slavery when it reconvenes this afternoon at 3.
Documentation
Before the Subcommission under its agenda item on contemporary forms of slavery was a report of the Secretary-General (E/CN.4/Sub.2/1999/15) on implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, which is a progress report containing information provided by States. The document features a reply received from the Government of Mexico which details the functions of a newly created National Commission and an Inter-Agency National Commission in the field, as well as giving an update on national legislation.
Also before the Subcommission under this agenda item was a note by the Secretariat (E/CN.4/Sub.2/1999/16) on systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict, which says that the mandate of the Special Rapporteur on the issue has been extended for another year by the Commission on Human Rights, and notes that the Special Rapporteur does not have a written report but will submit an oral report to this session of the Subcommission.
Statements
SAMINA IBRAHIM, of International Institute for Peace, said the actions of one particular Government in referring to one NGO after another as a GONGO was an attack on human-rights defenders. Worth and dignity, when conferred upon women by society, was an important indicator of social development. The human rights of women could best be guaranteed by protecting their freedoms. It was heartening that world over, women’s groups, civil societies and human-rights activists had raised their voices against the deplorable conditions of women.
The plight of women in Pakistan was grave. The real problem that required immediate attention was the plight of women in societies where social and traditional prejudices were consolidated through a process of Constitutional and legal enactments. In such societies, the only option that was available to women was to bond together and to assert their rights, and to make Governments and rulers aware that society could not function when one partner was placed in artificial shackles.
NEELAM BHAN, of Afro-Asian People's Solidarity Organization, said that economic development levels alone did not determine the decision-making abilities of women. Some countries with high per capita incomes still did not allow women access to decision-making bodies. However, in some developing countries, women were active participants in society. But in Pakistan, women faced a long list of discriminatory practices, including bride burning, rape, employment discrimination and domestic violence. In Jammu and Kashmir, women bore the additional brunt of terrorism and fundamentalism, which created havoc in their lives.
If the human rights of women were to be protected, the international community needed to take urgent action in these areas: it must ostracise societies that discriminated against women through legal and other means; ostracise societies that encouraged extremist fundamentalist groups and terrorism as they degraded women; and encourage Governments and NGOs to undertake programmes of education and awareness-raising so that traditions which discriminated against women and prevented them from becoming full partners in society were eliminated.
ANJALI GANDHI, of World Federation of Trade Unions, said that although discrimination on the basis of sex was contrary to several international human-rights instruments, it continued against women unabated. It was caused by poverty and illiteracy; acts of terrorism, armed conflict and abuse of power could make the situation worse. In fact, discrimination against women was institutionalized and perversive. It cut across most cultures and nations of the world.
Violence against women was another area which deserved attention. A UN resolution on eliminating violence against women recognized that violence against them violated, impaired and nullified human rights and fundamental freedoms. The report of the Special Rapporteur on violence against women provided global comprehensive data on the subject. Women's traditional familial roles were enshrined in secular and religious laws on divorce, property, succession, employment and matters of child custody. Such laws violated and supported the dominant ideology of patriarchy, which glorified womens' roles as wives and mothers and retarded their access to non-traditional roles. It kept women in a submissive position and legitimized violence against them in the form of sexual harassment, rape, domestic violence, female genital mutilation, forced marriages, honour killings and other forms of femicide.
RENATE BLOEM, of World Federation of Methodist and Uniting Church Women, said that to promote and secure sustainable, human-centred development had been a central theme throughout the '90's. Women had gradually moved in this debate from the periphery, as objects of consideration, to centre stage as active agents.
Women who were currently victims and bore the brunt of unregulated globalization and economic restructuring could at the same time be central pillars for providing a new set of values for the globalization process. Mainstreaming gender issues and concerns into the development process was not an easy task. It demanded a major political commitment at all levels in many societies around the world. Members of the Subcommission should help in finding a solution to the problems of women.
JOSEPH OLOKA-ONYANGO, Subcommission Expert, said it would be wise to revisit the doctrine of self-determination when considering the implementation of human rights with regard to women. The problems of gender discrimination were linked to the arcane, sexist construction of human rights laws and conventions and to the notion of Statehood. The concept of self-determination tended to exclude groups and work against the notion of autonomy. State sovereignty was hostile to women's independence. Rape, for instance, was defined first as an offense against property, then as an offense against a man. Only recently has it become an offence against the physical person of a woman.
Rape was always an intrinsic component of war. There had been little redress for women. The "comfort" women used by Japan were one example. Other examples were found in Bosnia and Rwanda. All people had the right to determine their political status and freely pursue their economic, social and cultural development. Unfortunately, the claims of oppressed groups for self-determination had never been considered relevant for women.
Theories of statehood considered the State as a given, permanent and defined; they ignored the fact that States were varied. It was important to see if the State observed human rights in general and the human rights of women in particular. A more nuanced approach was needed and should include the recognition of women as subjects of international law; the right of women to participate directly in the formulation of international and regional norms; and the right of direct recourse to global and regional mechanisms to protect and enforce their rights. Issues of gender and women's human rights suffered from a degree of "ghettoization” within the international community, including the Subcommission. Women's human rights must be implicated in every agenda item of the Subcommission.
KAREN PARKER, of International Educational Development, said there was a challenge, particularly for the United States and the United Kingdom, in giving women informed choices when it came to HIV/AIDS. In Eugene, Oregon, an HIV-positive woman almost lost custody of her son because she turned down AZT when she had a child. The drug might well be toxic. She also chose to breastfeed in the absence of any evidence linking the transmission of HIV through breastfeeding. She gave in when the state threatened to take her child away.
The Subcommission was commended for taking up the topic of war rape. Contemporary wars affected women far beyond the war-rape issue. In Kashmir, many Indian women and girls were raped. Military forces were known to indulge in rape. The statistics that had been compiled verified that there were many instances of rape in that region. Many women suffered because their mothers or daughters were raped. Others suffered because of what may have happened to mothers, daughters, sons, husbands or other loved ones. Kashmiri women also suffered because the international community had not come to their aid. Even a casual review showed that years ago the UN mandate said a plebescite should decide the future of Kashmir. That had not happened. IED lauded the Subcommission's work on the situation of women in Afghanistan, and it hoped that women in Kashmir would also be considered this year.
NEFISSA MILAD, of Association de defense de Tunisiens a l'etranger, said Tunisia had consistently opted for promoting women's rights, and had continued to do so for the last 10 years. Progress was impossible without women. Tunisian reforms covered many areas, and were notably enshrined within the Constitution. It was noted that Tunisian women who had emigrated to specific European countries continued to suffer discrimination in the areas of the job market, salaries, and the family. The Subcommission should pay greater attention to the protection of female migrant workers.
In this time of globalization, all competent authorities of the UN should make efforts so that women’s rights, as women’s rights and as migrant workers rights, should at last be respected, since this would contribute positively to the good of the family, society, and the whole international community.
NATHALIE ELKAIM, of Asian Buddhist Conference for Peace, said women were subjected to cruel and inhuman punishment. Women who experienced violence could not participate fully in their societies. The Commission had made signifigant progress in promoting women's rights. But no one should be complacent. Violence against women was an on-going problem. Three examples were to the point: the Jumman indigenous women in Bangladesh, women in Kashmir and the Dalit women in India. There, women were detained illegally without being charged; women were singled out in strikes and had been subjected to forced marriages, among other abuses.
The Special Rapporteur on violence against women had not yet gained entry into Bangladesh or India to investigate the situation of Jumman women, Kashmiri women or Dalit women. It was important for the Special Rapporteur to take the time to investigate the plight of these women.
MARGARITA GUTIERREZ, of Latin American Human Rights Association, said indigenous women realized that the Charter of the United Nations was the first document to recognize the universal rights of men and women. The dominant society, because of the male chauvinist attitude, made achieving their rights a major challenge for indigenous women. The task went hand in hand with the fight against racism for all indigenous peoples. Because they were indigenous, because they were women, and because they were poor, they had to struggle for their rights.
Indigenous women also had problems with the military presence in Mexico. Soldiers raped, tortured, and killed. When women cried with pain, when they asked where were their human rights, where were the Mexican authorities? Why must these women suffer?
NUR AMALIA, of Netherlands Organization for International Development Cooperation, said Indonesia, as a developing country, had a number of traditional practices that affected the health of women, including genital mutiliation as “circumcision”. These practices continued, despite the Indonesian Government’s signing of the Convention on the Elimination of All Forms of Discrimination against Women. The vision of Indonesia as far as development was concerned was heavily influenced by gender, and this was implemented as State policy.
There were Government-encouraged socio-cultural disturbances to women's public participation. In the public sector, there were still very few women participating, especially in strategic positions. This was because Government and political parties` policies did not give women in politics an equal opportunity. Women were discriminated against in the labour market on many levels, as well as in criminal law. The Subcommission should urge the Government of Indonesia, to take steps to remedy the situation by taking full responsibility for the various forms of traditional medecine that had negative effects on women; and by accomodating women’s participation in policy making.
BENITA DIOP, of African Commission of Health and Human Rights Promoters, said the plight of African women, particularly where armed conflict was being carried out, was alarming. Sierra Leone was one example where there had been large-scale mutiliation of women and children. Under the peace accord, perpetrators of human-rights violations there would not be punished. If justice could not be administered, how could reconciliation take place? In other countries, women were also subject to abuse. In South Africa, little had been done to address the number of rapes there. In Ethopia, women were kidnapped and raped as a means to force them to marry.
The Subcommission should investigate human-rights violations; national leaders should be lobbied, and African men should be educated with regards to violence against women. African Governments and civil-society organizations must work together to end the suffering of women and children in Africa and to sustain a durable peace necessary for development.
ILKE WIEBECKE-BAILEY, of Pax Romana, said economic developments had led to a diminution of the economic empowerment that women had been striving for. Millions of women in developing countries, particularly in Africa, lived in poverty. With women making up 70 per cent of the world's 1.3 billion poor, the feminization of poverty was at its peak. International human-rights advocates therefore had to research deeply into the problem of feminization of poverty, which was negative, in order to come up with some strategies and actions to promote the feminization of development.
Women’s human-rights analyses had pointed to the failure of international human-rights law to address violations of human rights that took place outside the public sphere or that were carried out by non-State actors . Such criticisms had been fueled by the apparent inability of the international human-rights system to address what many women saw as the major human-rights issues facing women in the post-Cold War era -- the threats posed to human rights by economic globalization. Women often bore a disproportionate burden of the cost of economic globalization. They were also likely to have picked up the burden of caring for sick, homeless or mentally ill family or community members when the State diverted itself from those responsibilities. And in many parts of the world, rural women were engaged in hard-core economic resistance, fighting to protect ways of life under threat from the trade and financial liberalization promoted by the World Trade Organization.
MBIKO TANGGAHMA, of Survival International, said women in West Papua, also known as Irian Jaya, were suffering grave violations of their human rights. Rape was used as an instrument of torture and intimidation by the Indonesian Army, especially in those areas classified as Military Operation Areas. No perpetrators had been brought to trial, there had been no compensation to victims or their children, and human rights abuses continued under the new regime. The Subcommission should call upon the Indonesian Government to implement the recommendations put forward by the Special Rapporteur on violence against women after her visit to Indonesia.
In addition to these acts against women, the Indonesian military enslaved women. The Subcommission should consider ways to implement the Commission on Human Rights’ resolution 1999/40. The implementation of human rights with regard to women suffered many obstacles due to the Indonesian military presence in West Papua. The Subcommission should adopt a resolution on the situation in Indonesia, as this would encourage the Indonesian Government to improve the human-rights situation.
SAAD HUSSAIN (Iraq) said the question of the enjoyment of the human rights of women was important. International conferences had been beneficial to educate the public, but Goverments needed the political will to guarantee women's rights. In spite of sanctions against Iraq, important programmes had been put into place to guarantee women's rights and eliminate poverty. The Government tried to help women who were heads of families. Laws were enacted to ban prostitution and violence against women. Women also occupied important Government posts, and they had the right to vote. Women had the right to participate fully in the field of labour as well.
However, the international economic sanctions imposed on Iraq had caused women and their children to suffer as there was less food and less access to health care; the sanctions also forced women to leave the home in order to work. The economic embargo should be ended, as it violated human rights.
ALICIA FEREZ DUARTE Y NORONA (Mexico) said men and women were working towards strengthening democracy in Mexico. It was understood that it was essential to eliminate all forms of discrimination against women. Activities being carried out under the country’s National Programme for Women had been discussed at an earlier session. Today, progress had been achieved through the National Programme in such areas as education, health care, dealing with poverty and the rights of women in decision making.
An action plan for more employment of women in Mexico had resulted in programmes for training, information on the labour markets, and networks for finding jobs. The plan encouraged agreements between organizations to optimize opportunities for women. Eight labour commissions had been set up to deal with various areas of employment for women. A Mexican National Programme against family violence had been set up following various recommendations of United Nations conferences.
JORGE FERRER RODRIGUEZ (Cuba) said the subject was particularly important. The situation of women continued to be difficult, especially in developing countries, where the scourge of war, hunger and sickness, and the limitation of their participation in development were linked to the negative impact of globalization. Women were excluded in globalization models, since there was a feminization of poverty, with women the main victims of structural-adjustment programmes. The feminine presence in the work market had barely been improved. Women carried out the most precarious work.
Much more serious was the situation of rural and peasant women, who suffered from discrimination in many forms. In today’s unipolar world, resources were not devoted to well-being or development, despite the fact that this would have very positive effects on women. Cuba had had 40 years of political change designed to give better opportunities to women. In Cuba, women had a better life.
FAROOQ HASSAN (Pakistan) said that under the Pakistani Constitution, discrimination on the basis of sex was expressly forbidden. An extensive infrastructue existed within the country to promote and protect the rights of women. The Government had drafted a bill that would allow women to contest open seats in Parliament -- and these seats were in addition to the seats already reserved for women. The criminal proceedure court provided for special considerations for women; an accused woman could not be kept overnight at a police station. The death penalty was not allowed for women. Legal aid centres were to be established and a campaign launched to educate women about their rights.
An effort had been made to decrease female illiteracy. In terms of employment, the Constitution forbade discrimination on the grounds of sex. There was no discrimination in Government employment, judicial sector employment, or social security. In the private sector, the situation was less satisfactory and efforts were being made to rectify the situation. A special bank had been established for women. In spite of these and other improvements, much still needed to be done.
FATIMA HAJNOOR (Sudan) said the status of women in Sudan was protected due to the Sudanese cultural and religious background, which respected and honoured women. The successive Constitutions of Sudan had emphasized equal citizenship rights and obligations without any discrimination based on sex, race, or anything else. Since 1956, Sudanese women’s participation in economic, cultural, political and social activities had been gradually increasing. As early as 1964, Sudanese women enjoyed their full political rights for voting and elections.
Women were also members of Parliament, where over 20 were currently members of the National Assembly, and were also members of state legislative councils. More than five women were members of the Supreme Court. Women were also state governors, ministers, professors, lecturers, lawyers and diplomats. The number of female students enrolled in universities currently exceeded the number of male students. Women enjoyed financial independence under the law, and the full right to possess agricultural, housing and investment land. Furthermore, under Sudanese laws and regulations, more protection was provided so that a husband could not process any transfer of land without the written consent of his wife.
ASBJORN EIDE, Subcommission Expert, said the subject was a most important one. He would continue to insist that discrimination against women was a counter-force to development. The Taliban was an extreme case, and that regime would set back the development of Afghanistan for decades. The debate about development should not become a rhetorical exercise. All Governments should extend the cooperation required for Mrs. Halima Warzazi to continue her task of eliminating traditional practices harmful to women’s health.
Violence against women was a stumbling-block for development. The issue of self-determination was up to every individual, which included every woman. This required equal participation in the decision-making process. The question of the rights of women should be addressed through all aspects of human rights. The negative consequences of discrimination were terribly clear, and if the issue was not addressed, those discriminating against women would continue to do a tremendous disservice to society, and thus to humanity as a whole.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said the working group on contemporary forms of slavery had received wide and frutiful participation, which had enriched its efforts. The absence of a definition of trafficking was a major reason for difficulty in taking action. The group’s recommendations were annexed to the report. Contemporary forms of slavery were perhaps not covered in international instruments and there was currently no effective way to monitor the sitution. A detailed study of contemporary and customary laws and well as a look at monitoring mechanisms was called for. A report by Expert David Weissbrodt was expected.
In regards to the situation of slavery in the Sudan, NGOs had reported that women and children were exploited in a shameless and cruel fashion. Governments must punish those responsible and the victims must be assisted.
The situation of migrant and domestic workers remained a priority concern. Regarding domestic workers, especially in France where they worked for diplomatic families, the active participation of the International Labour Office had been enlisted to advise the working group. The problems of small girls at work needed further study. The traffic in human organs was shocking and had motivated the group to keep this item on its agenda.
There were massive violations related to contemporary conflicts. The traffic of children for sexual exploitation also had been explored by the group; testimony and press clippings were considered when discussing ways to educate the general public-- particularly young people -- about this issue. The question of corruption as an element in promoting sexual exploitation had been noted within the context of globalization.
The working group was regarded as a place in which to bear witness, make analogies and to reflect - and, as such, its work was considered very important.
EL-HADJI GUISSE, Subcommission Expert, said there were a number of questions to be raised. The working group should look at all consequences of Western cultures and the negative impact they could have on African education. There should not be African traditions systematically discarded and replaced with traditions that did not mesh with the culture. In Africa, groups had always educated children, and that education should be studied.
Frequent reference had been made to contemporary forms of slavery, but there was a pernicious form of exploitation - that of families of migrants - that was far closer to slavery than simply purchasing and selling people. Countries had purchased migrant labourers from Africa and exploited them in salary, housing, health and social life. Migrant children were often left to their own devices and fell into criminality. The working group should bear those thoughts in mind during its deliberations.
Trafficking in women had become so profitable that many had become involved with it. It was an odious thing, and women should be protected from it.
AN HYANG SU, of Liberation, said the systematic rape, sexual slavery and slavery-like practices carried out by the Japanese Government and military during World War II were gross violations of human rights. The Japanese Government had failed to admit its legal responsibility for these acts. Japan intentionally withheld the wartime and related documents of its war crimes. What had happened then was linked to what was happening to women in armed conflicts today. The protection of women against sexual slavery and sexual violence in current and future armed conflict would depend on what was done to end impunity for these war crimes.
The Japanese Government remained responsible for grave violations of human rights and humanitarian law. The prosecution in Japan of those responsible for these atrocities would be an effective action to end the cycle of impunity for sexual violence as a tactic of war. The Subcommission should adopt measures to implement the recommendations made by the Special Rapporteur on the subject, and should encourage the Japanese Government to open its archives to historians and the public.
KUNIO SAITO, of International Association of Democratic Lawyers, said Japan should apologize and compensate those victimized during Japan's imperialist war of aggression. The Japanese Imperial regime had enacted the Public Order Maintenance Law in 1925 which oppressed those who were against the war. The law subjected politicians, trade union officials, lawyers and others who were regarded as anti-war sympathizers to imprisonment and arrest. Among those arrested, many were tortured. Women detainees were raped. After Japan's surrender in 1945, the Public Order Maintenance Law was abolished; those against the war later laid the groundwork for Japan's new Constitution.
The IADL called on the Goverment of Japan to apologize to and compensate those victimized by this law. The victims were aging; little time was left for them to receive an apology and be compensated.
GARIB NAWAZ, of Afro-Asian People` Solidarity Organization, said the organization was deeply concerned about the people of South Asia. Rapid population growth and economic hardships had led to child labour and child prostitution. There also were problems in India, Bangladesh, Pakistan, and Nepal. Many of the children were brainwashed.
The exploitation of average people was rising. The sex trade was economic exploitation at its worst, which would traumatize the victims forever. Modern legal systems had not been able to end this evil.
SURYA LAL AMATYA, of World Federation of Trade Unions, said the children of developing countries, for reasons completely beyond their control, were being increasingly deprived of their basic needs. Instead, they were being forced to become breadwinners for their families, and to forego normal childhoods. The most contemptible forms taken by this exploitation were child labour, particularly bonded labour, and child prostitution. The resurgence of religious fundamentalism had created a new form of bondage: the bondage of the mind. The evils of child labour or prostitution born of rapid population growth - poverty, illiteracy and unemployment - were unfortunately encouraged by people from what should be more enlightened countries.
In addition to economic factors, one of the main causes for the proliferation of the sale of children, child prostitution and child pornography was the weakening of family ties. The future of mankind lay in the values that today's children passed on to their offspring. Member States should be further persuaded to take effective actions to lessen trafficking and child prostitution.
HR/SC/99/15
16 August 1999
The Subcommission on the Promotion and Protection of Human Rights this morning completed its discussion of human rights with regard to women -- including debate on traditional practices harmful to the health of women and girls and review of the role of women in development -- and began its annual consideration of contemporary forms of slavery.
A series of non-governmental organizations (NGOs alleged maltreatment of women in various countries.
The World Federation of Trade Unions said traditional familial roles were enshrined in secular and religious laws on divorce, property, succession, employment and matters of child custody, and that such laws supported the dominant ideology of patriarchy, which glorified women's roles as wives and mothers and retarded their access to non-traditional roles, keeping them in submission and legitimizing violence against them.
The rape of women during armed conflict was mentioned repeatedly. Allegations were raised against the armies of India, Indonesia, and Mexico, and -- as in previous years -- several NGOs called on the Government of Japan to admit responsibility for and pay compensation to women forced into sexual slavery during World War II.
Subcommission Expert Joseph Oloka-Onyango said it was only recently that rape had been considered an offense against women. It was first defined as an offense against property, he said, and then as an offense against men. In war, he said, rape was seen as one of the spoils, and there had been little redress for women who had been raped during military conflicts.
In opening the discussion on contemporary forms of slavery, Subcommission Expert Halima Embarek Warzazi, introducing the report of the Subcommission’s working group on the topic, said many aspects of the issue were not covered by international human-rights instruments and there was currently no effective way to monitor the situation.
Representatives of Iraq, Mexico, Cuba, Sudan and Pakistan spoke during the meeting.
NGOs addressing the Subcommission were the International Institute for Peace; Afro-Asian People`s Solidarity Organization; World Federation of Trade Unions; World Federation of Methodist and Uniting Church Women; International Educational Development; Association de Defense de Tunisiens a l'Etranger; Asian Buddhist Conference for Peace; Latin American Human Rights Association; Netherlands Organization for International Development Cooperation; African Commission of Health and Human Rights Promoters; Pax Romana; Survival International; Liberation; and International Association of Democratic Lawyers.
The Subcommission will continue its consideration of contemporary forms of slavery when it reconvenes this afternoon at 3.
Documentation
Before the Subcommission under its agenda item on contemporary forms of slavery was a report of the Secretary-General (E/CN.4/Sub.2/1999/15) on implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, which is a progress report containing information provided by States. The document features a reply received from the Government of Mexico which details the functions of a newly created National Commission and an Inter-Agency National Commission in the field, as well as giving an update on national legislation.
Also before the Subcommission under this agenda item was a note by the Secretariat (E/CN.4/Sub.2/1999/16) on systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict, which says that the mandate of the Special Rapporteur on the issue has been extended for another year by the Commission on Human Rights, and notes that the Special Rapporteur does not have a written report but will submit an oral report to this session of the Subcommission.
Statements
SAMINA IBRAHIM, of International Institute for Peace, said the actions of one particular Government in referring to one NGO after another as a GONGO was an attack on human-rights defenders. Worth and dignity, when conferred upon women by society, was an important indicator of social development. The human rights of women could best be guaranteed by protecting their freedoms. It was heartening that world over, women’s groups, civil societies and human-rights activists had raised their voices against the deplorable conditions of women.
The plight of women in Pakistan was grave. The real problem that required immediate attention was the plight of women in societies where social and traditional prejudices were consolidated through a process of Constitutional and legal enactments. In such societies, the only option that was available to women was to bond together and to assert their rights, and to make Governments and rulers aware that society could not function when one partner was placed in artificial shackles.
NEELAM BHAN, of Afro-Asian People's Solidarity Organization, said that economic development levels alone did not determine the decision-making abilities of women. Some countries with high per capita incomes still did not allow women access to decision-making bodies. However, in some developing countries, women were active participants in society. But in Pakistan, women faced a long list of discriminatory practices, including bride burning, rape, employment discrimination and domestic violence. In Jammu and Kashmir, women bore the additional brunt of terrorism and fundamentalism, which created havoc in their lives.
If the human rights of women were to be protected, the international community needed to take urgent action in these areas: it must ostracise societies that discriminated against women through legal and other means; ostracise societies that encouraged extremist fundamentalist groups and terrorism as they degraded women; and encourage Governments and NGOs to undertake programmes of education and awareness-raising so that traditions which discriminated against women and prevented them from becoming full partners in society were eliminated.
ANJALI GANDHI, of World Federation of Trade Unions, said that although discrimination on the basis of sex was contrary to several international human-rights instruments, it continued against women unabated. It was caused by poverty and illiteracy; acts of terrorism, armed conflict and abuse of power could make the situation worse. In fact, discrimination against women was institutionalized and perversive. It cut across most cultures and nations of the world.
Violence against women was another area which deserved attention. A UN resolution on eliminating violence against women recognized that violence against them violated, impaired and nullified human rights and fundamental freedoms. The report of the Special Rapporteur on violence against women provided global comprehensive data on the subject. Women's traditional familial roles were enshrined in secular and religious laws on divorce, property, succession, employment and matters of child custody. Such laws violated and supported the dominant ideology of patriarchy, which glorified womens' roles as wives and mothers and retarded their access to non-traditional roles. It kept women in a submissive position and legitimized violence against them in the form of sexual harassment, rape, domestic violence, female genital mutilation, forced marriages, honour killings and other forms of femicide.
RENATE BLOEM, of World Federation of Methodist and Uniting Church Women, said that to promote and secure sustainable, human-centred development had been a central theme throughout the '90's. Women had gradually moved in this debate from the periphery, as objects of consideration, to centre stage as active agents.
Women who were currently victims and bore the brunt of unregulated globalization and economic restructuring could at the same time be central pillars for providing a new set of values for the globalization process. Mainstreaming gender issues and concerns into the development process was not an easy task. It demanded a major political commitment at all levels in many societies around the world. Members of the Subcommission should help in finding a solution to the problems of women.
JOSEPH OLOKA-ONYANGO, Subcommission Expert, said it would be wise to revisit the doctrine of self-determination when considering the implementation of human rights with regard to women. The problems of gender discrimination were linked to the arcane, sexist construction of human rights laws and conventions and to the notion of Statehood. The concept of self-determination tended to exclude groups and work against the notion of autonomy. State sovereignty was hostile to women's independence. Rape, for instance, was defined first as an offense against property, then as an offense against a man. Only recently has it become an offence against the physical person of a woman.
Rape was always an intrinsic component of war. There had been little redress for women. The "comfort" women used by Japan were one example. Other examples were found in Bosnia and Rwanda. All people had the right to determine their political status and freely pursue their economic, social and cultural development. Unfortunately, the claims of oppressed groups for self-determination had never been considered relevant for women.
Theories of statehood considered the State as a given, permanent and defined; they ignored the fact that States were varied. It was important to see if the State observed human rights in general and the human rights of women in particular. A more nuanced approach was needed and should include the recognition of women as subjects of international law; the right of women to participate directly in the formulation of international and regional norms; and the right of direct recourse to global and regional mechanisms to protect and enforce their rights. Issues of gender and women's human rights suffered from a degree of "ghettoization” within the international community, including the Subcommission. Women's human rights must be implicated in every agenda item of the Subcommission.
KAREN PARKER, of International Educational Development, said there was a challenge, particularly for the United States and the United Kingdom, in giving women informed choices when it came to HIV/AIDS. In Eugene, Oregon, an HIV-positive woman almost lost custody of her son because she turned down AZT when she had a child. The drug might well be toxic. She also chose to breastfeed in the absence of any evidence linking the transmission of HIV through breastfeeding. She gave in when the state threatened to take her child away.
The Subcommission was commended for taking up the topic of war rape. Contemporary wars affected women far beyond the war-rape issue. In Kashmir, many Indian women and girls were raped. Military forces were known to indulge in rape. The statistics that had been compiled verified that there were many instances of rape in that region. Many women suffered because their mothers or daughters were raped. Others suffered because of what may have happened to mothers, daughters, sons, husbands or other loved ones. Kashmiri women also suffered because the international community had not come to their aid. Even a casual review showed that years ago the UN mandate said a plebescite should decide the future of Kashmir. That had not happened. IED lauded the Subcommission's work on the situation of women in Afghanistan, and it hoped that women in Kashmir would also be considered this year.
NEFISSA MILAD, of Association de defense de Tunisiens a l'etranger, said Tunisia had consistently opted for promoting women's rights, and had continued to do so for the last 10 years. Progress was impossible without women. Tunisian reforms covered many areas, and were notably enshrined within the Constitution. It was noted that Tunisian women who had emigrated to specific European countries continued to suffer discrimination in the areas of the job market, salaries, and the family. The Subcommission should pay greater attention to the protection of female migrant workers.
In this time of globalization, all competent authorities of the UN should make efforts so that women’s rights, as women’s rights and as migrant workers rights, should at last be respected, since this would contribute positively to the good of the family, society, and the whole international community.
NATHALIE ELKAIM, of Asian Buddhist Conference for Peace, said women were subjected to cruel and inhuman punishment. Women who experienced violence could not participate fully in their societies. The Commission had made signifigant progress in promoting women's rights. But no one should be complacent. Violence against women was an on-going problem. Three examples were to the point: the Jumman indigenous women in Bangladesh, women in Kashmir and the Dalit women in India. There, women were detained illegally without being charged; women were singled out in strikes and had been subjected to forced marriages, among other abuses.
The Special Rapporteur on violence against women had not yet gained entry into Bangladesh or India to investigate the situation of Jumman women, Kashmiri women or Dalit women. It was important for the Special Rapporteur to take the time to investigate the plight of these women.
MARGARITA GUTIERREZ, of Latin American Human Rights Association, said indigenous women realized that the Charter of the United Nations was the first document to recognize the universal rights of men and women. The dominant society, because of the male chauvinist attitude, made achieving their rights a major challenge for indigenous women. The task went hand in hand with the fight against racism for all indigenous peoples. Because they were indigenous, because they were women, and because they were poor, they had to struggle for their rights.
Indigenous women also had problems with the military presence in Mexico. Soldiers raped, tortured, and killed. When women cried with pain, when they asked where were their human rights, where were the Mexican authorities? Why must these women suffer?
NUR AMALIA, of Netherlands Organization for International Development Cooperation, said Indonesia, as a developing country, had a number of traditional practices that affected the health of women, including genital mutiliation as “circumcision”. These practices continued, despite the Indonesian Government’s signing of the Convention on the Elimination of All Forms of Discrimination against Women. The vision of Indonesia as far as development was concerned was heavily influenced by gender, and this was implemented as State policy.
There were Government-encouraged socio-cultural disturbances to women's public participation. In the public sector, there were still very few women participating, especially in strategic positions. This was because Government and political parties` policies did not give women in politics an equal opportunity. Women were discriminated against in the labour market on many levels, as well as in criminal law. The Subcommission should urge the Government of Indonesia, to take steps to remedy the situation by taking full responsibility for the various forms of traditional medecine that had negative effects on women; and by accomodating women’s participation in policy making.
BENITA DIOP, of African Commission of Health and Human Rights Promoters, said the plight of African women, particularly where armed conflict was being carried out, was alarming. Sierra Leone was one example where there had been large-scale mutiliation of women and children. Under the peace accord, perpetrators of human-rights violations there would not be punished. If justice could not be administered, how could reconciliation take place? In other countries, women were also subject to abuse. In South Africa, little had been done to address the number of rapes there. In Ethopia, women were kidnapped and raped as a means to force them to marry.
The Subcommission should investigate human-rights violations; national leaders should be lobbied, and African men should be educated with regards to violence against women. African Governments and civil-society organizations must work together to end the suffering of women and children in Africa and to sustain a durable peace necessary for development.
ILKE WIEBECKE-BAILEY, of Pax Romana, said economic developments had led to a diminution of the economic empowerment that women had been striving for. Millions of women in developing countries, particularly in Africa, lived in poverty. With women making up 70 per cent of the world's 1.3 billion poor, the feminization of poverty was at its peak. International human-rights advocates therefore had to research deeply into the problem of feminization of poverty, which was negative, in order to come up with some strategies and actions to promote the feminization of development.
Women’s human-rights analyses had pointed to the failure of international human-rights law to address violations of human rights that took place outside the public sphere or that were carried out by non-State actors . Such criticisms had been fueled by the apparent inability of the international human-rights system to address what many women saw as the major human-rights issues facing women in the post-Cold War era -- the threats posed to human rights by economic globalization. Women often bore a disproportionate burden of the cost of economic globalization. They were also likely to have picked up the burden of caring for sick, homeless or mentally ill family or community members when the State diverted itself from those responsibilities. And in many parts of the world, rural women were engaged in hard-core economic resistance, fighting to protect ways of life under threat from the trade and financial liberalization promoted by the World Trade Organization.
MBIKO TANGGAHMA, of Survival International, said women in West Papua, also known as Irian Jaya, were suffering grave violations of their human rights. Rape was used as an instrument of torture and intimidation by the Indonesian Army, especially in those areas classified as Military Operation Areas. No perpetrators had been brought to trial, there had been no compensation to victims or their children, and human rights abuses continued under the new regime. The Subcommission should call upon the Indonesian Government to implement the recommendations put forward by the Special Rapporteur on violence against women after her visit to Indonesia.
In addition to these acts against women, the Indonesian military enslaved women. The Subcommission should consider ways to implement the Commission on Human Rights’ resolution 1999/40. The implementation of human rights with regard to women suffered many obstacles due to the Indonesian military presence in West Papua. The Subcommission should adopt a resolution on the situation in Indonesia, as this would encourage the Indonesian Government to improve the human-rights situation.
SAAD HUSSAIN (Iraq) said the question of the enjoyment of the human rights of women was important. International conferences had been beneficial to educate the public, but Goverments needed the political will to guarantee women's rights. In spite of sanctions against Iraq, important programmes had been put into place to guarantee women's rights and eliminate poverty. The Government tried to help women who were heads of families. Laws were enacted to ban prostitution and violence against women. Women also occupied important Government posts, and they had the right to vote. Women had the right to participate fully in the field of labour as well.
However, the international economic sanctions imposed on Iraq had caused women and their children to suffer as there was less food and less access to health care; the sanctions also forced women to leave the home in order to work. The economic embargo should be ended, as it violated human rights.
ALICIA FEREZ DUARTE Y NORONA (Mexico) said men and women were working towards strengthening democracy in Mexico. It was understood that it was essential to eliminate all forms of discrimination against women. Activities being carried out under the country’s National Programme for Women had been discussed at an earlier session. Today, progress had been achieved through the National Programme in such areas as education, health care, dealing with poverty and the rights of women in decision making.
An action plan for more employment of women in Mexico had resulted in programmes for training, information on the labour markets, and networks for finding jobs. The plan encouraged agreements between organizations to optimize opportunities for women. Eight labour commissions had been set up to deal with various areas of employment for women. A Mexican National Programme against family violence had been set up following various recommendations of United Nations conferences.
JORGE FERRER RODRIGUEZ (Cuba) said the subject was particularly important. The situation of women continued to be difficult, especially in developing countries, where the scourge of war, hunger and sickness, and the limitation of their participation in development were linked to the negative impact of globalization. Women were excluded in globalization models, since there was a feminization of poverty, with women the main victims of structural-adjustment programmes. The feminine presence in the work market had barely been improved. Women carried out the most precarious work.
Much more serious was the situation of rural and peasant women, who suffered from discrimination in many forms. In today’s unipolar world, resources were not devoted to well-being or development, despite the fact that this would have very positive effects on women. Cuba had had 40 years of political change designed to give better opportunities to women. In Cuba, women had a better life.
FAROOQ HASSAN (Pakistan) said that under the Pakistani Constitution, discrimination on the basis of sex was expressly forbidden. An extensive infrastructue existed within the country to promote and protect the rights of women. The Government had drafted a bill that would allow women to contest open seats in Parliament -- and these seats were in addition to the seats already reserved for women. The criminal proceedure court provided for special considerations for women; an accused woman could not be kept overnight at a police station. The death penalty was not allowed for women. Legal aid centres were to be established and a campaign launched to educate women about their rights.
An effort had been made to decrease female illiteracy. In terms of employment, the Constitution forbade discrimination on the grounds of sex. There was no discrimination in Government employment, judicial sector employment, or social security. In the private sector, the situation was less satisfactory and efforts were being made to rectify the situation. A special bank had been established for women. In spite of these and other improvements, much still needed to be done.
FATIMA HAJNOOR (Sudan) said the status of women in Sudan was protected due to the Sudanese cultural and religious background, which respected and honoured women. The successive Constitutions of Sudan had emphasized equal citizenship rights and obligations without any discrimination based on sex, race, or anything else. Since 1956, Sudanese women’s participation in economic, cultural, political and social activities had been gradually increasing. As early as 1964, Sudanese women enjoyed their full political rights for voting and elections.
Women were also members of Parliament, where over 20 were currently members of the National Assembly, and were also members of state legislative councils. More than five women were members of the Supreme Court. Women were also state governors, ministers, professors, lecturers, lawyers and diplomats. The number of female students enrolled in universities currently exceeded the number of male students. Women enjoyed financial independence under the law, and the full right to possess agricultural, housing and investment land. Furthermore, under Sudanese laws and regulations, more protection was provided so that a husband could not process any transfer of land without the written consent of his wife.
ASBJORN EIDE, Subcommission Expert, said the subject was a most important one. He would continue to insist that discrimination against women was a counter-force to development. The Taliban was an extreme case, and that regime would set back the development of Afghanistan for decades. The debate about development should not become a rhetorical exercise. All Governments should extend the cooperation required for Mrs. Halima Warzazi to continue her task of eliminating traditional practices harmful to women’s health.
Violence against women was a stumbling-block for development. The issue of self-determination was up to every individual, which included every woman. This required equal participation in the decision-making process. The question of the rights of women should be addressed through all aspects of human rights. The negative consequences of discrimination were terribly clear, and if the issue was not addressed, those discriminating against women would continue to do a tremendous disservice to society, and thus to humanity as a whole.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said the working group on contemporary forms of slavery had received wide and frutiful participation, which had enriched its efforts. The absence of a definition of trafficking was a major reason for difficulty in taking action. The group’s recommendations were annexed to the report. Contemporary forms of slavery were perhaps not covered in international instruments and there was currently no effective way to monitor the sitution. A detailed study of contemporary and customary laws and well as a look at monitoring mechanisms was called for. A report by Expert David Weissbrodt was expected.
In regards to the situation of slavery in the Sudan, NGOs had reported that women and children were exploited in a shameless and cruel fashion. Governments must punish those responsible and the victims must be assisted.
The situation of migrant and domestic workers remained a priority concern. Regarding domestic workers, especially in France where they worked for diplomatic families, the active participation of the International Labour Office had been enlisted to advise the working group. The problems of small girls at work needed further study. The traffic in human organs was shocking and had motivated the group to keep this item on its agenda.
There were massive violations related to contemporary conflicts. The traffic of children for sexual exploitation also had been explored by the group; testimony and press clippings were considered when discussing ways to educate the general public-- particularly young people -- about this issue. The question of corruption as an element in promoting sexual exploitation had been noted within the context of globalization.
The working group was regarded as a place in which to bear witness, make analogies and to reflect - and, as such, its work was considered very important.
EL-HADJI GUISSE, Subcommission Expert, said there were a number of questions to be raised. The working group should look at all consequences of Western cultures and the negative impact they could have on African education. There should not be African traditions systematically discarded and replaced with traditions that did not mesh with the culture. In Africa, groups had always educated children, and that education should be studied.
Frequent reference had been made to contemporary forms of slavery, but there was a pernicious form of exploitation - that of families of migrants - that was far closer to slavery than simply purchasing and selling people. Countries had purchased migrant labourers from Africa and exploited them in salary, housing, health and social life. Migrant children were often left to their own devices and fell into criminality. The working group should bear those thoughts in mind during its deliberations.
Trafficking in women had become so profitable that many had become involved with it. It was an odious thing, and women should be protected from it.
AN HYANG SU, of Liberation, said the systematic rape, sexual slavery and slavery-like practices carried out by the Japanese Government and military during World War II were gross violations of human rights. The Japanese Government had failed to admit its legal responsibility for these acts. Japan intentionally withheld the wartime and related documents of its war crimes. What had happened then was linked to what was happening to women in armed conflicts today. The protection of women against sexual slavery and sexual violence in current and future armed conflict would depend on what was done to end impunity for these war crimes.
The Japanese Government remained responsible for grave violations of human rights and humanitarian law. The prosecution in Japan of those responsible for these atrocities would be an effective action to end the cycle of impunity for sexual violence as a tactic of war. The Subcommission should adopt measures to implement the recommendations made by the Special Rapporteur on the subject, and should encourage the Japanese Government to open its archives to historians and the public.
KUNIO SAITO, of International Association of Democratic Lawyers, said Japan should apologize and compensate those victimized during Japan's imperialist war of aggression. The Japanese Imperial regime had enacted the Public Order Maintenance Law in 1925 which oppressed those who were against the war. The law subjected politicians, trade union officials, lawyers and others who were regarded as anti-war sympathizers to imprisonment and arrest. Among those arrested, many were tortured. Women detainees were raped. After Japan's surrender in 1945, the Public Order Maintenance Law was abolished; those against the war later laid the groundwork for Japan's new Constitution.
The IADL called on the Goverment of Japan to apologize to and compensate those victimized by this law. The victims were aging; little time was left for them to receive an apology and be compensated.
GARIB NAWAZ, of Afro-Asian People` Solidarity Organization, said the organization was deeply concerned about the people of South Asia. Rapid population growth and economic hardships had led to child labour and child prostitution. There also were problems in India, Bangladesh, Pakistan, and Nepal. Many of the children were brainwashed.
The exploitation of average people was rising. The sex trade was economic exploitation at its worst, which would traumatize the victims forever. Modern legal systems had not been able to end this evil.
SURYA LAL AMATYA, of World Federation of Trade Unions, said the children of developing countries, for reasons completely beyond their control, were being increasingly deprived of their basic needs. Instead, they were being forced to become breadwinners for their families, and to forego normal childhoods. The most contemptible forms taken by this exploitation were child labour, particularly bonded labour, and child prostitution. The resurgence of religious fundamentalism had created a new form of bondage: the bondage of the mind. The evils of child labour or prostitution born of rapid population growth - poverty, illiteracy and unemployment - were unfortunately encouraged by people from what should be more enlightened countries.
In addition to economic factors, one of the main causes for the proliferation of the sale of children, child prostitution and child pornography was the weakening of family ties. The future of mankind lay in the values that today's children passed on to their offspring. Member States should be further persuaded to take effective actions to lessen trafficking and child prostitution.