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SUBCOMMISSION CONTINUES DISCUSSION ON THE RIGHTS OF WOMEN
13 August 1998
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HR/SC/98/15
13 August 1998
SUBCOMMISSION CONTINUES DISCUSSION ON THE RIGHTS OF WOMEN
The Subcommission on Prevention of Discrimination and Protection of Minorities this afternoon continued its discussion on the implementation of the rights of women, with non-governmental organizations (NGOs) alleging violations of women’s rights around the world.
NGOs alleged India, Sri Lanka and Mexico used the rape of women as a weapon of war. The World Organization Against Torture said "the failure of Governments to prevent, condemn or punish rapists allows rape and other forms of sexual torture to become tools of military strategy". The Taliban was also criticized, with Interfaith International echoing other NGOs when it stated that "the Taliban Government of Afghanistan flaunts all 30 articles of this Convention (on the Elimination of All Forms of Discrimination Against Women) in their mistreatment of women".
Subcommission alternate Gay McDougall stated that human-rights abuses involving trafficking in women were numerous and extensive around the globe and problems did not end when victims were brought to the attention of authorities, as they often were subjected to further abuse and re-victimization by corrupt officials, or were treated as criminals or illegal migrants.
Subcommission experts or alternates Sang Yong Park, Volodymir Boutkevitch spoke, as well as representatives of the United Nations Population Fund and the United Nations High Commissioner for Refugees,
Representatives of the following NGOs also addressed the meeting: Transnational Radical Party, Inter-African Committee on Traditional Practices Affecting Women and Children, International Association of Democratic Lawyers, World Organization Against Torture, International Peace Bureau, Indian Council of Education, Interfaith International, International Education Bureau, Commission Africaine des Promoteurs de la Sante et des Droits de l'Homme, New Human Rights, Association Tunisienne pour l'Auto Developpement et la Solidarite, International Federations of Democratic Women, European Union of Public Relations, Muslim World League, International Federation of Action of Christians for the Abolition of Torture, All-Pakistan Women's Association, Liberation, and World Muslim Congress.
The Subcommission will reconvene at 10 a.m. on Friday, 14 August, when it is expected to conclude its examination of the human rights of women and begin its discussion on Contemporary Forms of Slavery. The report of the Working Group on Indigenous Populations will also be presented to the Committee tomorrow morning.
Statements
GAY J. McDOUGALL, alternate expert, said that at this moment, people were being literally bought and sold around the world, in most cases with impunity; increasingly, trafficking in persons was being controlled by international criminal groups; victims often were deceived about the nature of work they would end up in, or about the conditions they would encounter; human-rights abuses were numerous and extensive, and problems did not end when victims were brought to the attention of authorities, as they often were subjected to further abuse and re-victimization by corrupt officials, or were treated as criminals or illegal migrants. Women were the most frequent victims of trafficking; additionally, women and girls often faced enhanced obstacles to obtaining redress or remedies. Those subject to trafficking were not only exploited through prostitution or other forms of sex work, but also through manual or industrial labour that amounted to slavery, marriage, adoption, or domestic servitude. Trafficking had to be battled with a multi-dimensional approach that recognized that the most frequent root cause was poverty; the primary goal of efforts should be protection of victims' human rights -- border-control and crime-prevention efforts should be augmented with social-welfare and victim-assistance programmes; criminalization of prostitution seemed to increase the vulnerability of victims. Authorities who could encounter trafficking victims should receive proper training; States should fortify their laws and policies by ratifying the 1956 Supplementary Convention on the Abolition of Slavery, as well as relevant conventions of the International Labour Office, the International Covenant on Civil and Political Rights, and other international human-rights instruments. The Subcommission should authorize the working group on contemporary forms of slavery to study the 1949 Trafficking Convention to consider if it adequately addressed the current situation or should be supplemented by a protocol or replaced by a new convention.
SANG YONG PARK, Subcommission expert, spoke about traditional practices affecting the health of women and said that he took note with interest that the Special Rapporteur had appreciated the report of a Middle East country, as that country had reported improvements in health, education and life expectancy. One country, having ratified the Convention on the Rights of the Child had undertaken to abolish circumcision. These positive steps were countered by some negative points raised by the Special Rapporteur at the end of the report. Replies from Governments had tended to decrease over the past years, and more Governments should respond fully. The Special Rapporteur had also referred to the level of assistance that needed to be sustained and increased by all concerned so that she could continue her work - she deserved everyone's support.
Mr. Park expressed his high respect to Ms. McDougall for her statement made under agenda item 5. Human trafficking merited keen interest and action at national and international level, as well as at the level of the relevant NGOs.
VOLODYMYR BOUTKEVITCH, Subcommission expert, said the report on traditional practices affecting the health of women and children had set brave goals despite the lack of cooperation of many Governments; the scarcity of replies from Governments was enough to make you throw up your hands, and it made clear the scale of the task involved in eradicating such practices. In Eastern Europe, particularly those formerly part of the Soviet Union, there had been no replies to the Special Rapporteur's questionnaire; there were Constitutional provisions and laws calling for respect for human rights and equal treatment of women, but implementation was a different matter -- women in Eastern Europe were not faring so well in terms of economic factors or prospects; women from the region were very often sold into slavery; they suffered from AIDS and other sexually transmitted diseases; AIDS had spread widely; children were sold into slavery and were rewarded with sexual abuse and beating by clients; union protection had dissipated; alcohol abuse had grown more prevalent; unemployment also led to increased crime, and the most frequent victims were women. Privatization in the medical sphere had made decent health care inaccessible to many; women were still paid less than men and still held fewer high positions in Government and business. It would be useful if the situation of women in the region could be mentioned in overviews such as Mrs. Warzazi's, but what could she do if no Governments cooperated with her? She was working with her own resources; it would be better if there was greater cooperation with the efforts of special rapporteurs.
ALPHONSE MACDONALD, of the United Nations Population Fund (UNFPA), said the organization had taken note of the report of the Special Rapporteur - it would do all it could to implement the report's recommendations within the scope of its mandate. Since the Vienna Conference on Human Rights in 1993, progress had been made in the development of more coherent and holistic approaches to population, sustainable development and human rights. Gender issues were integral parts of all UNFPA activities. The Programme of Action of the International Conference on Population and Development agreed upon in Cairo in September 1994 was based on the acceptance that reproductive rights were an integral part of basic human rights. Though the principles were accepted, action needed to be taken, and UNFPA had actively supported a series of actions to combat specific problems. Within the context of its mandate, UNFPA was supporting concrete actions against specific violations of human rights, and assisted women to stand up for their rights and make better use of existing instruments. UNFPA fully supported the initiatives and activities of the High Commissioner for Human Rights, and would continue to make the realization of full enjoyment of all human rights for all a key objective of its development policy.
NGOZI ADA MADUAKOH, of the United Nations High Commissioner for Refugees (UNHCR), said women represented over 80 per cent of beneficiaries of UNHCR programmes and the agency had long recognized that the refugee situation affected men and women differently; UNHCR policy on refugee women was based on the principle of main streaming or integration of refugee women's issues and concerns into all of the policies and guidelines of the organization. The policy was specifically designed to ensure protection of refugee women. Upheaval, flight, and asylum in another country exposed refugees to new situations in which many women became heads of households, men were no longer around to perform their traditional roles, and women had to take over these tasks; awareness campaigns were used to inform refugee women of their rights; customary or traditional practices were encouraged when beneficial or harmless, but some were harmful to health and UNHCR took measures to deal with them through provision of education and information on the practices, work with community leaders, technical support and mobilized resources for national and local groups, and community-based programmes aimed at eradicating harmful practices. UNHCR also battled against maltreatment of women in their vulnerable positions as refugees -- it sought to protect them from sexual violence and forced prostitution.
OLGA CECHUROVA, of Transnational Radical Party, said that some of the most serious violations against women during times of conflict were considered crimes falling within the jurisdiction of the International Criminal Court established last month in Rome. In Afghanistan, the rights to life, liberty and security of person, freedom of opinion, expression, religion and association were severely oppressed, particularly with regards to women. The situation in Afghanistan had deteriorated even further since the report by Ms. Radhika Coomaraswamy, the Special Rapporteur on violence against women. The ruling Taliban used a particular interpretation of Islam as a pretext for its discrimination against women. The Taliban completely denied the importance of education and information. Members of the international community had provided support to the warring factions, and this risked legitimizing the regime in Afghanistan. All aid and cooperation - except for humanitarian aid - had to be suspended until the Government in Afghanistan demonstrated respect for the human rights of men and women.
BERHANE RAS-WORK, of the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, speaking on behalf of another NGO, said the Subcommission had done much to advance the battle against harmful practices; nonetheless, the lack of sufficient Government responses to the plan of action developed by Mrs. Warzazi was a major stumbling block; the Subcommission should call for greater resources for her work to allow her to make field visits and to report on developments concerning the plan of action; without appropriate resources, the Special Rapporteur could not fulfil the role assigned to her. NGO experience showed that responses only arrived after persistent efforts were made to get them and after field visits had been made; a relationship had to be established. A symposium had been held in collaboration with the Organization of African Unity and the Economic Commission for Africa on violence against women, including genital mutilation, and the outcome was the Addis Ababa Declaration which called on Governments to eliminate all forms of traditionally condoned violence, including female genital mutilation; the report of the meeting had been presented to and adopted unanimously by the OAU Commission of Labour and Social Affairs. Women should learn and understand the divine principles of their religions in order to defend themselves against such abuses as genital mutilation, as religions in no way called for such acts.
R. BRIDEL, of International Association of Democratic Lawyers, said that in Algeria, authorities looked with scorn on the Algerian women's movement. In 1984, the National Assembly had imposed a repressive Family Code that encouraged the reactionary movement against women. Violence against families in Algerian villages was echoed in the violence against women. Women had proposed major amendments to the Family Code, yet the authorities only responded with scorn, proposing amendments to the Code that maintained inequality between men and women in divorce, as well as polygamy. Women were hardly assisted by democratic parties and their struggle was not publicized in the media. When the 22 amendments to the Family Code proposed by women's organizations were discussed they were rejected as being counter to the Koran. When the head of the Government had tried to show a more nuanced approach, 70 women's associations had proposed that 17 articles be amended proposing the abolition of polygamy, that women be allowed to manage their own property, and the introduction of shared parental responsibility, among others but the Code maintained a number of articles that reiterated discrimination against women, including polygamy and repudiation. While some small changes had been made, these demonstrated a will to establish justice, but not equality.
CARIN BENNINGER-BUDEL, of World Organization Against Torture, said violations of women's rights historically had been neglected by international bodies; the Committee against Torture, for example, tended to ignore matters of fundamental concern to women, often because of lack of a gender-sensitive approach. The Subcommission should be aware that the head of the judiciary in Iran had said no female judge was qualified to pass out sentences, and the Superior Council of the Cultural Revolution of Iran last February had vetoed adherence to the Convention on the Elimination of All Forms of Discrimination Against Women. In Afghanistan, women had lost all of their rights and basically lived under house arrest; in other cases gender inequality made women vulnerable to rape, and when rape was committed by State officials there was little chance of punishment; the Subcommission had heard about gang rapes of women of Chinese origin in Jakarta in May by organized groups apparently connected with the army; the attacks showed strong similarities to similar gang rapes perpetrated by Indonesian armed forces in East Timor, Aceh, and West Papua (Irian Jaya). The Subcommission should consider establishment by the High Commissioner for Human Rights of an office in Jakarta. Rapes of Tamil women by Sri Lankan soldiers were widespread; rape had become an army strategy there; the Subcommission should demand an end to such practices.
MARTHA SANCHEZ NESTOR, of the International Peace Bureau, delegated by the National Coordinating Body of the Indigenous Women of Mexico, said that it was ironic that at the end of the 20th century, indigenous women living in Mexico had to affirm that they had rights and that they would not accept to be abused and violated. The situation in Mexico had become unbearable. Economic, social and cultural rights of indigenous people in Mexico were violated in a systematic manner. There had been a growing militarization of indigenous communities in Mexico that had a serious effect on the ability to exercise human rights. The women's organization Kinal Ansetik had complained that its members were threatened, and there were fears for the life of indigenous women living in this situation of terror. How many members of the military had been convicted for rape or violations against women in the militarized zones? Indigenous women wanted to live in peace. If the Subcommission adopted a clear resolution, it would be possible to say that the United Nations and the Subcommission had taken up their responsibility to protect the rights of women and indigenous peoples. Efforts were being made to cover up the real situation.
ANJALI GHANDI, of Indian Council of Education, said many of the ills facing the women of Pakistan were common to most developing countries; prejudices developed over centuries were accentuated by custom, religion and economic factors; they forced women in many societies into a role that denied their true potential. In Japan, similarly, hardly any woman reached a top executive position; even in the United States many women claimed their gender stood in the way of promotions and made it hard to be hired in the first place; wage discrimination also was widespread; the resurgence of fundamentalist trends in religion was a matter of concern, as was rape and the sale of brides under ancient tribal customs. Economic models alone did not account for the lack of progress in women's rights -- prostitution abounded even in the richest capitalist countries, while socialist Cuba, which was not so prosperous economically, had women active in every field of endeavour; India had reserved seats for women in local Government and there was a demand for reserved seats for women in Parliament. Terrorism was playing havoc with women's lives in Sudan, Rwanda, Bosnia, in Oklahoma in the United States, Afghanistan and in Kashmir. The international community must take action to protect women.
GENEVA BERRYMAN ARIF, of Interfaith International, said that the Taliban Government of Afghanistan flaunted all 30 articles of the 1979 Convention on the Elimination of all Forms of Discrimination Against Women in their mistreatment of women. The Taliban gave false theological reasons for imposing what they called strict Islamic law, however whatever religious support was given to such treatment, the basic problem was the protection of the human rights of the female population of Afghanistan. There was no theological foundation for such mistreatment. As the Taliban's military prowess far exceeded their knowledge of Islam, there was a genuine fear that practices discriminating against women would be imposed across the country. All Governments that were committed to the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination Against Women should insist that the Taliban change its policy, and should sanction outside assistance and supplying of arms.
MRS. PARKER, of International Educational Development (IED), said that while war rape was a crime it persisted in most armed conflicts and was endemic in several; in Indian-occupied Kashmir, women were routinely raped and subjected to violence; since IED had begun preparing annual briefing papers on the problem it seemed to have increased; rape by Indian forces in the region was endemic and would continue until the troops were withdrawn; the Subcommission should request the Security Council to carry out the plebiscite it had mandated for Kashmir. Women were suffering hugely at the hands of Mexican armed forces in the Chiapas region, and were often raped and sexually humiliated; the situation had worsened and it was hard for many international NGOs to visit the region; IED's Executive Director Lydia Brazon had had her picture posted by the Mexican Army as a persona non grata; the Subcommission should call on Mexico to allow free access of humanitarian groups to the area. Tamil women in Sri Lanka also were regularly raped by Sri Lankan soldiers; it was a consistent policy and a military tactic; the Subcommission should not be silent about this catastrophe.
BINETA DIOP, of African Commission of Health and Human Rights Promoters and Femmes Africa Solidarité, said the African continent was facing challenges based on peace and security. No nation could expect economic growth when women were raped or subjected to violence. Over the past decade, 30 armed conflicts had broken out in Africa. Women constituted a disproportionate number of victims of such conflicts. How could peace be discussed when women, who represented half the population of the continent, were solely victims and did not take part in decisions that concerned them. African women were no longer willing to accept these conditions, and had begun to create a mechanism that would integrate them into the decision making process. African women's voices were heard at last when the Secretary-General of the Organisation of African Unity announced in April 1998 the creation of the African Women's Committee for Peace and Development, the first of its kind in the world to articulate grass-roots women's views on issues relating to regional and global peace an development. The international community was called upon to take up the challenge to make this Committee a success.
GABRIELA ARIAS URIBURU, of New Human Rights, said she was an Argentine citizen who had lived in Guatemala since 1989, and had married a Jordanian in 1991; the couple had three children, and her husband had taken Guatemalan citizenship; after separating from her husband, she had won on 9 December, 1997 the custody of her children; on 10 December he had abducted the children and had taken them illegally to Jordan. He had clearly done something illegal in taking them from their Guatemalan home; since then she had had no contact with her children; she had found out through diplomatic means that the children were in Jordan. The situation violated international human-rights standards; the children were victims; she had a right to see and care for her children; States, including Jordan, were obligated to recognize that right. She wished to point out to the Subcommission how women's children's standards could be trampled under foot; she was grateful to the Governments of Argentina and Guatemala for their efforts to help her recover her children, but the father of her children had great influence and economic resources in Jordan; the High Commissioner for Human Rights also had acted on her behalf; she hoped the Subcommission also would act on the case in an effort to protect the rights of children to an abuse that was increasingly prevalent in today's world.
MONCEF BALTI, of Association Tunisiene pour l'Auto Developpment et las Solidarite, said it operated in a context where women's rights were fully recognised, and this had been the case in Tunisia since independence. Tunisian women were true partners in terms of social, economic and political development in the country. The situation of rural women was particularly preoccupying as they were growing increasingly poor with respect to men, and they therefore appealed to States and the international institutions to provide support to all initiatives in favour of women. Tunisian women had benefited from projects in which the question of gender had been incorporated from the beginning. Mrs. Warzazi should be commended for her report, especially in the light of the lack of resources that she had faced.
MS. AVELLA, of the International Federation of Democratic Women, said that violence against women was on the increase; the international community had not done enough to ensure that women in Afghanistan were allowed their human rights; the Taliban denied them the opportunity to work and to education; in Sri Lanka, Tamil women were treated as war booty; women were regularly attacked in Kashmir; in Mexico, violence was carried out regularly against women in indigenous areas; in Colombia there were ongoing killings of women, especially those campaigning for human rights and political reform; such murders were never punished; a woman journalist had just been killed in Colombia. There were also cases of maltreatment of women in East Timor, Turkey, Peru, Iran. The Federation deeply regretted the lack of cooperation by Governments asked to inform the Special Rapporteur about harmful practices affecting the health of women and children.
HELGA JURT, of the European Union of Public Relations, said that growth and development had in many cases created more hurdles than opportunities for women. Religion had also played a major role in some countries in preventing women from realizing their full potential as partners in the development process. There was no better example than Afghanistan to demonstrate the fate that awaited women whose freedoms were taken away. It was heartening to note that the women of Pakistan had decided to speak out against the treatment meted out against them by the Pakistani-trained Taliban. Contemporary history showed that given the chance, women succeeded in all fields. The treatment of women in many developing countries was marked by infanticide, dowry death and denial of education. Awareness was the key to freedom, but awareness came from education and exposure to the world and its diversity. It was this awareness that the Taliban wished to deny women, and it was essential that the women of the world band together to raise their voice against those who sustained the Taliban.
MUHAMMAD SHOAIB, of Muslim World League, said Governments were under obligation to protect women from violence, to ensure accountability of law-enforcement agencies, and to investigate and punish acts of violence against women and girls, including those perpetrated by public officials; Muslim World League was deeply concerned by continuing violation of the human rights of Kashmiri women and girls in Indian-occupied Kashmir; these women had become the prime target of India's brutal military operation; molestation and rape had become the norm. Custodial violence had been termed an especially egregious type of violence against women, yet abuses of women in custody continued with total impunity in Kashmir. Indian authorities simply were not interested in accountability and were not willing to investigate allegations of human-rights abuses committed by the military and para-military or paid mercenaries in Kashmir; the Subcommission and the international community must ensure that this violence against Kashmiri women was stopped, and the Special Rapporteur on violence against women should visit the territory to investigate the situation.
ESTELA RAMIREZ, of International Action of Christians for the Abolition of Torture, said that it was painful to report that women from her state of Oaxaca were suffering violations by police, soldiers, judges and others who should protect them. On 24 April 1997, 80 police agents entered her house and took her husband away. She never saw him alive again. When she went to the courts to find out what had happened to her husband, she was told that he had died in a confrontation with the police, though this was a lie as they had been sleeping. She knew 18 women who had faced the same thing in her area alone, and others had lost their sons. They knew that the Subcommission could help to make the Government change so that it no longer violated human rights. In her pilgrimage, she had met women from other states, such as Chiapas and Guerrero who had lived through similar experiences. She hoped that the Subcommission would help to alleviate the pain of the indigenous people.
SAEEDA GUL, of All-Pakistan Women's Association, said women in Kashmir continued to be subject to a consistent pattern of humiliation, degradation, and violence; abduction, molestation, and gang-rape were frequent, along with physical violence in general. She, as any woman from Kashmir, could tell many stories, of the rape of girls as young as 11 and as old as grandmothers, of mothers dragged from their beds at night and humiliated before their children. The Indians were so frightened of the truth coming out that Kashmiris from Indian-held Kashmir with valid Swiss visas had been stopped from boarding a plane in New Delhi just two days ago; their voices were being stifled. The Subcommission must not forget such people. Another major problem faced by many Kashmiri women was the economic survival of growing numbers of women and fatherless children. International human-rights organizations had an obligation to protect such vulnerable people as the women of Kashmir.
ELIZA MANN, of Liberation, said that it was incumbent on States in war situations and armed conflict to prevent impending violations of human rights affecting civilian populations; the most common of these violations being rape and other forms of torture. In certain war situations, such as Rwanda, Sri Lanka, and former Yugoslavia, the State security forces had not protected the girl child or women because international laws protecting women had not been implemented nationally. There were war crimes tribunals for Rwanda and former Yugoslavia, and as the situation in Sri Lanka was as serious as in these two countries, it merited the attention of the Subcommission. The security forces in Sri Lanka had wide powers of preventative detention, and currently over 500 Tamil women were languishing in prisons in Sri Lanka without being charged with any crime. Sri Lanka was a signatory to the Geneva Convention and other conventions concerning women's rights, but had not implemented these laws. Liberation urged the Subcommission to recommend that a Special Rapporteur be sent to investigate countries where war situations and armed conflict existed, and to report on the state of implementation of international human rights laws for the protection of women and their equal participation in development.
NAEEM KHAN, of the World Muslim Congress, said that abuse of women was a striking feature of Indian society; it did not occur only in Kashmir but in other, legal, parts of India. Domestic violence in the context of dowry disputes was a common problem, according to the U.S. State Department; it also contended that there were an estimated 500,000 street children in India, and a growing traffic in child prostitutes from Nepal; one estimate put the total at 5,000 to 7,000 annually, while the newspaper Indian Express put the number at 40,000 girls annually; it further stated that of the estimated 200,000 Nepalese women and girls sold into prostitution in India annually, a fifth were between the age of 10 and 14. The U.S. State Department said child marriages still occurred, with many girls being married when they were under age 16; female infanticide was also a problem, as well as the "Devadasi phenomenon", in which girls were dedicated to a temple deity, and in effect turned into slaves. In occupied Jammu and Kashmir a new form of abuse was forced marriages, at gunpoint, of women fancied by soldiers, mercenaries, or border police. The Subcommission should call for an end to such human-rights violations.
HR/SC/98/15
13 August 1998
SUBCOMMISSION CONTINUES DISCUSSION ON THE RIGHTS OF WOMEN
The Subcommission on Prevention of Discrimination and Protection of Minorities this afternoon continued its discussion on the implementation of the rights of women, with non-governmental organizations (NGOs) alleging violations of women’s rights around the world.
NGOs alleged India, Sri Lanka and Mexico used the rape of women as a weapon of war. The World Organization Against Torture said "the failure of Governments to prevent, condemn or punish rapists allows rape and other forms of sexual torture to become tools of military strategy". The Taliban was also criticized, with Interfaith International echoing other NGOs when it stated that "the Taliban Government of Afghanistan flaunts all 30 articles of this Convention (on the Elimination of All Forms of Discrimination Against Women) in their mistreatment of women".
Subcommission alternate Gay McDougall stated that human-rights abuses involving trafficking in women were numerous and extensive around the globe and problems did not end when victims were brought to the attention of authorities, as they often were subjected to further abuse and re-victimization by corrupt officials, or were treated as criminals or illegal migrants.
Subcommission experts or alternates Sang Yong Park, Volodymir Boutkevitch spoke, as well as representatives of the United Nations Population Fund and the United Nations High Commissioner for Refugees,
Representatives of the following NGOs also addressed the meeting: Transnational Radical Party, Inter-African Committee on Traditional Practices Affecting Women and Children, International Association of Democratic Lawyers, World Organization Against Torture, International Peace Bureau, Indian Council of Education, Interfaith International, International Education Bureau, Commission Africaine des Promoteurs de la Sante et des Droits de l'Homme, New Human Rights, Association Tunisienne pour l'Auto Developpement et la Solidarite, International Federations of Democratic Women, European Union of Public Relations, Muslim World League, International Federation of Action of Christians for the Abolition of Torture, All-Pakistan Women's Association, Liberation, and World Muslim Congress.
The Subcommission will reconvene at 10 a.m. on Friday, 14 August, when it is expected to conclude its examination of the human rights of women and begin its discussion on Contemporary Forms of Slavery. The report of the Working Group on Indigenous Populations will also be presented to the Committee tomorrow morning.
Statements
GAY J. McDOUGALL, alternate expert, said that at this moment, people were being literally bought and sold around the world, in most cases with impunity; increasingly, trafficking in persons was being controlled by international criminal groups; victims often were deceived about the nature of work they would end up in, or about the conditions they would encounter; human-rights abuses were numerous and extensive, and problems did not end when victims were brought to the attention of authorities, as they often were subjected to further abuse and re-victimization by corrupt officials, or were treated as criminals or illegal migrants. Women were the most frequent victims of trafficking; additionally, women and girls often faced enhanced obstacles to obtaining redress or remedies. Those subject to trafficking were not only exploited through prostitution or other forms of sex work, but also through manual or industrial labour that amounted to slavery, marriage, adoption, or domestic servitude. Trafficking had to be battled with a multi-dimensional approach that recognized that the most frequent root cause was poverty; the primary goal of efforts should be protection of victims' human rights -- border-control and crime-prevention efforts should be augmented with social-welfare and victim-assistance programmes; criminalization of prostitution seemed to increase the vulnerability of victims. Authorities who could encounter trafficking victims should receive proper training; States should fortify their laws and policies by ratifying the 1956 Supplementary Convention on the Abolition of Slavery, as well as relevant conventions of the International Labour Office, the International Covenant on Civil and Political Rights, and other international human-rights instruments. The Subcommission should authorize the working group on contemporary forms of slavery to study the 1949 Trafficking Convention to consider if it adequately addressed the current situation or should be supplemented by a protocol or replaced by a new convention.
SANG YONG PARK, Subcommission expert, spoke about traditional practices affecting the health of women and said that he took note with interest that the Special Rapporteur had appreciated the report of a Middle East country, as that country had reported improvements in health, education and life expectancy. One country, having ratified the Convention on the Rights of the Child had undertaken to abolish circumcision. These positive steps were countered by some negative points raised by the Special Rapporteur at the end of the report. Replies from Governments had tended to decrease over the past years, and more Governments should respond fully. The Special Rapporteur had also referred to the level of assistance that needed to be sustained and increased by all concerned so that she could continue her work - she deserved everyone's support.
Mr. Park expressed his high respect to Ms. McDougall for her statement made under agenda item 5. Human trafficking merited keen interest and action at national and international level, as well as at the level of the relevant NGOs.
VOLODYMYR BOUTKEVITCH, Subcommission expert, said the report on traditional practices affecting the health of women and children had set brave goals despite the lack of cooperation of many Governments; the scarcity of replies from Governments was enough to make you throw up your hands, and it made clear the scale of the task involved in eradicating such practices. In Eastern Europe, particularly those formerly part of the Soviet Union, there had been no replies to the Special Rapporteur's questionnaire; there were Constitutional provisions and laws calling for respect for human rights and equal treatment of women, but implementation was a different matter -- women in Eastern Europe were not faring so well in terms of economic factors or prospects; women from the region were very often sold into slavery; they suffered from AIDS and other sexually transmitted diseases; AIDS had spread widely; children were sold into slavery and were rewarded with sexual abuse and beating by clients; union protection had dissipated; alcohol abuse had grown more prevalent; unemployment also led to increased crime, and the most frequent victims were women. Privatization in the medical sphere had made decent health care inaccessible to many; women were still paid less than men and still held fewer high positions in Government and business. It would be useful if the situation of women in the region could be mentioned in overviews such as Mrs. Warzazi's, but what could she do if no Governments cooperated with her? She was working with her own resources; it would be better if there was greater cooperation with the efforts of special rapporteurs.
ALPHONSE MACDONALD, of the United Nations Population Fund (UNFPA), said the organization had taken note of the report of the Special Rapporteur - it would do all it could to implement the report's recommendations within the scope of its mandate. Since the Vienna Conference on Human Rights in 1993, progress had been made in the development of more coherent and holistic approaches to population, sustainable development and human rights. Gender issues were integral parts of all UNFPA activities. The Programme of Action of the International Conference on Population and Development agreed upon in Cairo in September 1994 was based on the acceptance that reproductive rights were an integral part of basic human rights. Though the principles were accepted, action needed to be taken, and UNFPA had actively supported a series of actions to combat specific problems. Within the context of its mandate, UNFPA was supporting concrete actions against specific violations of human rights, and assisted women to stand up for their rights and make better use of existing instruments. UNFPA fully supported the initiatives and activities of the High Commissioner for Human Rights, and would continue to make the realization of full enjoyment of all human rights for all a key objective of its development policy.
NGOZI ADA MADUAKOH, of the United Nations High Commissioner for Refugees (UNHCR), said women represented over 80 per cent of beneficiaries of UNHCR programmes and the agency had long recognized that the refugee situation affected men and women differently; UNHCR policy on refugee women was based on the principle of main streaming or integration of refugee women's issues and concerns into all of the policies and guidelines of the organization. The policy was specifically designed to ensure protection of refugee women. Upheaval, flight, and asylum in another country exposed refugees to new situations in which many women became heads of households, men were no longer around to perform their traditional roles, and women had to take over these tasks; awareness campaigns were used to inform refugee women of their rights; customary or traditional practices were encouraged when beneficial or harmless, but some were harmful to health and UNHCR took measures to deal with them through provision of education and information on the practices, work with community leaders, technical support and mobilized resources for national and local groups, and community-based programmes aimed at eradicating harmful practices. UNHCR also battled against maltreatment of women in their vulnerable positions as refugees -- it sought to protect them from sexual violence and forced prostitution.
OLGA CECHUROVA, of Transnational Radical Party, said that some of the most serious violations against women during times of conflict were considered crimes falling within the jurisdiction of the International Criminal Court established last month in Rome. In Afghanistan, the rights to life, liberty and security of person, freedom of opinion, expression, religion and association were severely oppressed, particularly with regards to women. The situation in Afghanistan had deteriorated even further since the report by Ms. Radhika Coomaraswamy, the Special Rapporteur on violence against women. The ruling Taliban used a particular interpretation of Islam as a pretext for its discrimination against women. The Taliban completely denied the importance of education and information. Members of the international community had provided support to the warring factions, and this risked legitimizing the regime in Afghanistan. All aid and cooperation - except for humanitarian aid - had to be suspended until the Government in Afghanistan demonstrated respect for the human rights of men and women.
BERHANE RAS-WORK, of the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, speaking on behalf of another NGO, said the Subcommission had done much to advance the battle against harmful practices; nonetheless, the lack of sufficient Government responses to the plan of action developed by Mrs. Warzazi was a major stumbling block; the Subcommission should call for greater resources for her work to allow her to make field visits and to report on developments concerning the plan of action; without appropriate resources, the Special Rapporteur could not fulfil the role assigned to her. NGO experience showed that responses only arrived after persistent efforts were made to get them and after field visits had been made; a relationship had to be established. A symposium had been held in collaboration with the Organization of African Unity and the Economic Commission for Africa on violence against women, including genital mutilation, and the outcome was the Addis Ababa Declaration which called on Governments to eliminate all forms of traditionally condoned violence, including female genital mutilation; the report of the meeting had been presented to and adopted unanimously by the OAU Commission of Labour and Social Affairs. Women should learn and understand the divine principles of their religions in order to defend themselves against such abuses as genital mutilation, as religions in no way called for such acts.
R. BRIDEL, of International Association of Democratic Lawyers, said that in Algeria, authorities looked with scorn on the Algerian women's movement. In 1984, the National Assembly had imposed a repressive Family Code that encouraged the reactionary movement against women. Violence against families in Algerian villages was echoed in the violence against women. Women had proposed major amendments to the Family Code, yet the authorities only responded with scorn, proposing amendments to the Code that maintained inequality between men and women in divorce, as well as polygamy. Women were hardly assisted by democratic parties and their struggle was not publicized in the media. When the 22 amendments to the Family Code proposed by women's organizations were discussed they were rejected as being counter to the Koran. When the head of the Government had tried to show a more nuanced approach, 70 women's associations had proposed that 17 articles be amended proposing the abolition of polygamy, that women be allowed to manage their own property, and the introduction of shared parental responsibility, among others but the Code maintained a number of articles that reiterated discrimination against women, including polygamy and repudiation. While some small changes had been made, these demonstrated a will to establish justice, but not equality.
CARIN BENNINGER-BUDEL, of World Organization Against Torture, said violations of women's rights historically had been neglected by international bodies; the Committee against Torture, for example, tended to ignore matters of fundamental concern to women, often because of lack of a gender-sensitive approach. The Subcommission should be aware that the head of the judiciary in Iran had said no female judge was qualified to pass out sentences, and the Superior Council of the Cultural Revolution of Iran last February had vetoed adherence to the Convention on the Elimination of All Forms of Discrimination Against Women. In Afghanistan, women had lost all of their rights and basically lived under house arrest; in other cases gender inequality made women vulnerable to rape, and when rape was committed by State officials there was little chance of punishment; the Subcommission had heard about gang rapes of women of Chinese origin in Jakarta in May by organized groups apparently connected with the army; the attacks showed strong similarities to similar gang rapes perpetrated by Indonesian armed forces in East Timor, Aceh, and West Papua (Irian Jaya). The Subcommission should consider establishment by the High Commissioner for Human Rights of an office in Jakarta. Rapes of Tamil women by Sri Lankan soldiers were widespread; rape had become an army strategy there; the Subcommission should demand an end to such practices.
MARTHA SANCHEZ NESTOR, of the International Peace Bureau, delegated by the National Coordinating Body of the Indigenous Women of Mexico, said that it was ironic that at the end of the 20th century, indigenous women living in Mexico had to affirm that they had rights and that they would not accept to be abused and violated. The situation in Mexico had become unbearable. Economic, social and cultural rights of indigenous people in Mexico were violated in a systematic manner. There had been a growing militarization of indigenous communities in Mexico that had a serious effect on the ability to exercise human rights. The women's organization Kinal Ansetik had complained that its members were threatened, and there were fears for the life of indigenous women living in this situation of terror. How many members of the military had been convicted for rape or violations against women in the militarized zones? Indigenous women wanted to live in peace. If the Subcommission adopted a clear resolution, it would be possible to say that the United Nations and the Subcommission had taken up their responsibility to protect the rights of women and indigenous peoples. Efforts were being made to cover up the real situation.
ANJALI GHANDI, of Indian Council of Education, said many of the ills facing the women of Pakistan were common to most developing countries; prejudices developed over centuries were accentuated by custom, religion and economic factors; they forced women in many societies into a role that denied their true potential. In Japan, similarly, hardly any woman reached a top executive position; even in the United States many women claimed their gender stood in the way of promotions and made it hard to be hired in the first place; wage discrimination also was widespread; the resurgence of fundamentalist trends in religion was a matter of concern, as was rape and the sale of brides under ancient tribal customs. Economic models alone did not account for the lack of progress in women's rights -- prostitution abounded even in the richest capitalist countries, while socialist Cuba, which was not so prosperous economically, had women active in every field of endeavour; India had reserved seats for women in local Government and there was a demand for reserved seats for women in Parliament. Terrorism was playing havoc with women's lives in Sudan, Rwanda, Bosnia, in Oklahoma in the United States, Afghanistan and in Kashmir. The international community must take action to protect women.
GENEVA BERRYMAN ARIF, of Interfaith International, said that the Taliban Government of Afghanistan flaunted all 30 articles of the 1979 Convention on the Elimination of all Forms of Discrimination Against Women in their mistreatment of women. The Taliban gave false theological reasons for imposing what they called strict Islamic law, however whatever religious support was given to such treatment, the basic problem was the protection of the human rights of the female population of Afghanistan. There was no theological foundation for such mistreatment. As the Taliban's military prowess far exceeded their knowledge of Islam, there was a genuine fear that practices discriminating against women would be imposed across the country. All Governments that were committed to the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination Against Women should insist that the Taliban change its policy, and should sanction outside assistance and supplying of arms.
MRS. PARKER, of International Educational Development (IED), said that while war rape was a crime it persisted in most armed conflicts and was endemic in several; in Indian-occupied Kashmir, women were routinely raped and subjected to violence; since IED had begun preparing annual briefing papers on the problem it seemed to have increased; rape by Indian forces in the region was endemic and would continue until the troops were withdrawn; the Subcommission should request the Security Council to carry out the plebiscite it had mandated for Kashmir. Women were suffering hugely at the hands of Mexican armed forces in the Chiapas region, and were often raped and sexually humiliated; the situation had worsened and it was hard for many international NGOs to visit the region; IED's Executive Director Lydia Brazon had had her picture posted by the Mexican Army as a persona non grata; the Subcommission should call on Mexico to allow free access of humanitarian groups to the area. Tamil women in Sri Lanka also were regularly raped by Sri Lankan soldiers; it was a consistent policy and a military tactic; the Subcommission should not be silent about this catastrophe.
BINETA DIOP, of African Commission of Health and Human Rights Promoters and Femmes Africa Solidarité, said the African continent was facing challenges based on peace and security. No nation could expect economic growth when women were raped or subjected to violence. Over the past decade, 30 armed conflicts had broken out in Africa. Women constituted a disproportionate number of victims of such conflicts. How could peace be discussed when women, who represented half the population of the continent, were solely victims and did not take part in decisions that concerned them. African women were no longer willing to accept these conditions, and had begun to create a mechanism that would integrate them into the decision making process. African women's voices were heard at last when the Secretary-General of the Organisation of African Unity announced in April 1998 the creation of the African Women's Committee for Peace and Development, the first of its kind in the world to articulate grass-roots women's views on issues relating to regional and global peace an development. The international community was called upon to take up the challenge to make this Committee a success.
GABRIELA ARIAS URIBURU, of New Human Rights, said she was an Argentine citizen who had lived in Guatemala since 1989, and had married a Jordanian in 1991; the couple had three children, and her husband had taken Guatemalan citizenship; after separating from her husband, she had won on 9 December, 1997 the custody of her children; on 10 December he had abducted the children and had taken them illegally to Jordan. He had clearly done something illegal in taking them from their Guatemalan home; since then she had had no contact with her children; she had found out through diplomatic means that the children were in Jordan. The situation violated international human-rights standards; the children were victims; she had a right to see and care for her children; States, including Jordan, were obligated to recognize that right. She wished to point out to the Subcommission how women's children's standards could be trampled under foot; she was grateful to the Governments of Argentina and Guatemala for their efforts to help her recover her children, but the father of her children had great influence and economic resources in Jordan; the High Commissioner for Human Rights also had acted on her behalf; she hoped the Subcommission also would act on the case in an effort to protect the rights of children to an abuse that was increasingly prevalent in today's world.
MONCEF BALTI, of Association Tunisiene pour l'Auto Developpment et las Solidarite, said it operated in a context where women's rights were fully recognised, and this had been the case in Tunisia since independence. Tunisian women were true partners in terms of social, economic and political development in the country. The situation of rural women was particularly preoccupying as they were growing increasingly poor with respect to men, and they therefore appealed to States and the international institutions to provide support to all initiatives in favour of women. Tunisian women had benefited from projects in which the question of gender had been incorporated from the beginning. Mrs. Warzazi should be commended for her report, especially in the light of the lack of resources that she had faced.
MS. AVELLA, of the International Federation of Democratic Women, said that violence against women was on the increase; the international community had not done enough to ensure that women in Afghanistan were allowed their human rights; the Taliban denied them the opportunity to work and to education; in Sri Lanka, Tamil women were treated as war booty; women were regularly attacked in Kashmir; in Mexico, violence was carried out regularly against women in indigenous areas; in Colombia there were ongoing killings of women, especially those campaigning for human rights and political reform; such murders were never punished; a woman journalist had just been killed in Colombia. There were also cases of maltreatment of women in East Timor, Turkey, Peru, Iran. The Federation deeply regretted the lack of cooperation by Governments asked to inform the Special Rapporteur about harmful practices affecting the health of women and children.
HELGA JURT, of the European Union of Public Relations, said that growth and development had in many cases created more hurdles than opportunities for women. Religion had also played a major role in some countries in preventing women from realizing their full potential as partners in the development process. There was no better example than Afghanistan to demonstrate the fate that awaited women whose freedoms were taken away. It was heartening to note that the women of Pakistan had decided to speak out against the treatment meted out against them by the Pakistani-trained Taliban. Contemporary history showed that given the chance, women succeeded in all fields. The treatment of women in many developing countries was marked by infanticide, dowry death and denial of education. Awareness was the key to freedom, but awareness came from education and exposure to the world and its diversity. It was this awareness that the Taliban wished to deny women, and it was essential that the women of the world band together to raise their voice against those who sustained the Taliban.
MUHAMMAD SHOAIB, of Muslim World League, said Governments were under obligation to protect women from violence, to ensure accountability of law-enforcement agencies, and to investigate and punish acts of violence against women and girls, including those perpetrated by public officials; Muslim World League was deeply concerned by continuing violation of the human rights of Kashmiri women and girls in Indian-occupied Kashmir; these women had become the prime target of India's brutal military operation; molestation and rape had become the norm. Custodial violence had been termed an especially egregious type of violence against women, yet abuses of women in custody continued with total impunity in Kashmir. Indian authorities simply were not interested in accountability and were not willing to investigate allegations of human-rights abuses committed by the military and para-military or paid mercenaries in Kashmir; the Subcommission and the international community must ensure that this violence against Kashmiri women was stopped, and the Special Rapporteur on violence against women should visit the territory to investigate the situation.
ESTELA RAMIREZ, of International Action of Christians for the Abolition of Torture, said that it was painful to report that women from her state of Oaxaca were suffering violations by police, soldiers, judges and others who should protect them. On 24 April 1997, 80 police agents entered her house and took her husband away. She never saw him alive again. When she went to the courts to find out what had happened to her husband, she was told that he had died in a confrontation with the police, though this was a lie as they had been sleeping. She knew 18 women who had faced the same thing in her area alone, and others had lost their sons. They knew that the Subcommission could help to make the Government change so that it no longer violated human rights. In her pilgrimage, she had met women from other states, such as Chiapas and Guerrero who had lived through similar experiences. She hoped that the Subcommission would help to alleviate the pain of the indigenous people.
SAEEDA GUL, of All-Pakistan Women's Association, said women in Kashmir continued to be subject to a consistent pattern of humiliation, degradation, and violence; abduction, molestation, and gang-rape were frequent, along with physical violence in general. She, as any woman from Kashmir, could tell many stories, of the rape of girls as young as 11 and as old as grandmothers, of mothers dragged from their beds at night and humiliated before their children. The Indians were so frightened of the truth coming out that Kashmiris from Indian-held Kashmir with valid Swiss visas had been stopped from boarding a plane in New Delhi just two days ago; their voices were being stifled. The Subcommission must not forget such people. Another major problem faced by many Kashmiri women was the economic survival of growing numbers of women and fatherless children. International human-rights organizations had an obligation to protect such vulnerable people as the women of Kashmir.
ELIZA MANN, of Liberation, said that it was incumbent on States in war situations and armed conflict to prevent impending violations of human rights affecting civilian populations; the most common of these violations being rape and other forms of torture. In certain war situations, such as Rwanda, Sri Lanka, and former Yugoslavia, the State security forces had not protected the girl child or women because international laws protecting women had not been implemented nationally. There were war crimes tribunals for Rwanda and former Yugoslavia, and as the situation in Sri Lanka was as serious as in these two countries, it merited the attention of the Subcommission. The security forces in Sri Lanka had wide powers of preventative detention, and currently over 500 Tamil women were languishing in prisons in Sri Lanka without being charged with any crime. Sri Lanka was a signatory to the Geneva Convention and other conventions concerning women's rights, but had not implemented these laws. Liberation urged the Subcommission to recommend that a Special Rapporteur be sent to investigate countries where war situations and armed conflict existed, and to report on the state of implementation of international human rights laws for the protection of women and their equal participation in development.
NAEEM KHAN, of the World Muslim Congress, said that abuse of women was a striking feature of Indian society; it did not occur only in Kashmir but in other, legal, parts of India. Domestic violence in the context of dowry disputes was a common problem, according to the U.S. State Department; it also contended that there were an estimated 500,000 street children in India, and a growing traffic in child prostitutes from Nepal; one estimate put the total at 5,000 to 7,000 annually, while the newspaper Indian Express put the number at 40,000 girls annually; it further stated that of the estimated 200,000 Nepalese women and girls sold into prostitution in India annually, a fifth were between the age of 10 and 14. The U.S. State Department said child marriages still occurred, with many girls being married when they were under age 16; female infanticide was also a problem, as well as the "Devadasi phenomenon", in which girls were dedicated to a temple deity, and in effect turned into slaves. In occupied Jammu and Kashmir a new form of abuse was forced marriages, at gunpoint, of women fancied by soldiers, mercenaries, or border police. The Subcommission should call for an end to such human-rights violations.