Welcome to the United Nations 
OHCHR 
Statements Special Procedures
Default title
13 April 1999
Share
UN HUMAN RIGHTS COMMISSION
APRIL 13th 1999.
ORAL STATEMENT OF RADHlKA COOMARASWAMY,
THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN,
(including its causes and consequences).
Madame Chairperson,
In 1998 for the first time a case raising the issue of wife battery as a human rights violation was brought before an international tribunal, the Inter-American Commission on Human Rights. Pamela Ramjattan, a citizen of Trinidad and Tobago was reportedly battered repeatedly by her husband. This domestic violence was not considered by the government of Trinidad and Tobago as mitigating circumstances in her conviction for murder which also resulted in her being sentenced to death. The Commission has still not reached a conclusion in this case but its appearance before a Human Rights Tribunal underscores the argument that domestic violence against women is an important aspect of international human rights violations.
During the course of the year 1998, in an attempt to provide a systematic review of state compliance with international obligations with respect to domestic violence, I requested governments and NGOs to provide me with written accounts of the measures that had been taken in their countries since 1994, when I last reported on violence in the family to the Commission. I was pleased by the response to my request and summaries of the presentations are contained in this year's report.
In particular, I sought information on National Plans of Action that have been adopted since 1994, the available statistics, programmes of training for members of the criminal justice system and support services for victims of domestic violence. I am pleased to report to the Commission that most of the countries have begun to recognise domestic violence against women as an important aspect of human rights. There appear to be national plans of actions and programmes for raising awareness. Regardless of religious or ideological barriers, countries seem to have accepted that violence in the family must be combated as a violation of women's human rights.
However, fewer countries have really gone beyond the policy making stage. They have not systematically gathered statistics so that they can ascertain the scale of the problem they are facing. Some countries have introduced training for the members of the criminal justice system but a larger number have not introduced any courses for law enforcers with regard to domestic violence. In addition states have not really assigned resources to deal with the problem, either with regard to an evaluation of the system's readiness to deal with the issues concerned or with regard to the provision of support services for the victim. Though I welcome the recognition of violence in the family as an important area of concern, without implementation strategies and proper information gathering the struggle against domestic violence will be futile.
In determining the contours of violence in the family, I am continually faced with the question as to what is the definition of the family for purposes of international human rights law. Though the family is defined as the natural and fundamental unit of society, there is little guidance as to what is the social construction of family for purposes of international law. Family structures throughout the word differ. There are nuclear families, joint families, lineal families, single parent families and same sex parents with families. International human rights law as reflected in the Universal Declaration of Human Rights and the International Covenants of civil and political rights and economic and social rights state clearly that the basis of the family must be free and full consent of the partners. The Convention on the Elimination of all forms of Discrimination Against Women also argues for the free and full consent of the partners and equal rights and responsibilities. The Programme of Action adopted by the International Conference on Population and Development points out that the family is the basic unit of society but recognises that the family is often determined and transformed by demographic and socio economic changes.
For purposes of combating violence against women in the family, I would like to accentuate the fact that international human rights law requires the free and full consent of the spouses and that forced marriages and marriages arranged against the will of women are aspects of violence against women in the family that must concern us internationally. Nevertheless within this framework, I argue for a broad understanding of family to include the multiplicity of family forms so that the range of protection guaranteed by international law are available for a more comprehensive group of people who are connected by different degrees of intimacy. This should include the non- traditional forms of family.
In recent years, I have been increasingly concerned by the proliferation of honour crimes against women in certain part of the world including, Turkey, the Middle East and South Asia. I did not include these crimes in my earlier report on violence in the family in 1994 but since then I have received many communications about these horrendous crimes. Just last week a gruesome murder took place in the law offices of one of this Commission's Special Rapporteurs Mrs. Asma Jehangir. One other woman client was shot in the head for daring to want a divorce from a man who constantly battered her. Our thoughts go out to the Special Rapporteur and her colleagues. The Commission should urge the government ofPakistan to take a serious view of honour killings and support crisis centres for women victims of honour crimes. Secondly, the Government of Pakistan should take all necessary steps to protect the lives of Asma Jehangir and her colleagues. If they cannot provide such security, the Commission should consider giving her international protection. In honour crimes, the male members of a family kill a female relative perceived by them to have defiled the honour of the family. This usually involves extra-marital relations, wanting a divorce or young girls falling in love with men that their family disapproves of Sometimes sexual relations are not even involved for mere falling in love is enough for the execution. It is also tragic to note that adolescent boys are often asked to commit the murder because they receive a lighter sentence. As young brothers kill their mothers or older sisters, they are socialised into a way of life that sanctifies violence against women in certain contexts. I am deeply concerned about this phenomenon which has increased in recent years and feel that international action should be taken to prevent these abuses against women.
I have often said in my reports that the international legal framework with regard to violence against women in the family needs further clarification. I have pointed out that legal doctrine is evolving in this sphere and the recent case before the Inter-American Commission will assist the process. The evolution of appropriate legal doctrine has been of great concern to as we have to ensure that violence against women in the family is seen as a human rights issue with firm legal foundation.
In evolving international legal frameworks for combating violence against women, I have drawn inspiration from the Declaration on the Elimination of Violence Against Women which points out in Article 4 that "states must exercise due diligence to prevent, investigate, and in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or private persons". I have also noted General Recommendation 19 of the CEDAW Committee that argues that "states may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights, or to investigate and punish acts of violence and for providing compensation. "
On my field visits I have attempted to evolve a methodology for assessing due diligence in the sphere of violence against women by private actors. The questions I have asked relate to the international and national legal and policy frameworks, statistics and data gathering, training of criminal justice systems, support services for victims, education and media policy.
The fourth addendum to my report is a review of policies and practices that impact women's reproductive rights and contribute to, cause or constitute violence against women. The addendum draws attention to the extensive international literature that seeks to enshrine reproductive rights as international human rights. It also points to the reproductive health consequences of sexual violence against women, which account for 5% of diseases among women. In addition, violence against women in the home often relates to their attempts to exercise their reproductive rights and use birth control so as to prevent their getting pregnant against their will. Research also shows that battering of pregnant women is a serious problem often resulting in miscarriage and premature labour. Finally cultural practices of violence against women like female genital mutilation, child marriage, sex selective abortion, forced contraception and female infanticide directly affect women' s reproductive rights.
During the course of the year I made two field visits- one to the United States to investigate sexual misconduct in U.S. prisons. The second visit was to Indonesia to look at the problem of rapes against ethnic Chinese women and sexual violence by the army in the areas of East Timor, Irian Jaya and Aceh. I was to visit Afghanistan but due to security reason I was compelled to postpone my visit.
The visit to the United States was facilitated by the Federal Government of the United States. We were given open access and were cordially received by both the federal and state governments except for the State of Michigan where the Governor denied us access at the last moment. All other state governments were very co-operative though we were denied access to the high security sections of certain prisons in California. Our findings highlight the fact that the United States has a diversity of prison regimes depending on the policies of each state. On the one hand we were confronted with human rights violations but we were also shown programmes and projects that would constitute best practices, especially in the state of Minnesota. In the rest of the states we visited we were concerned about the issue of sexual misconduct resulting from male guards guarding and having access to the housing units of women prisoners and by the use of certain restraints such as leg irons and four point restraints which we felt violated international standards as set out in the Standard Minimum Rules for The Treatment of Prisoners.
The field visit to Indonesia took place in November last year. We were given full and open access to government officials, police and military leaders, NGOs, and victims who came from all over Indonesia to meet and talk with us. We would like to place on record our appreciation for the complete access given by the government particularly because before May 1998, United Nations human rights mechanisms were not welcome in Indonesia. We noted a major change in the policies and practices of the government with regard to human rights and we say so in our report. However, prior to May 1998, we found that sexual violence was used as a method of intimidation and torture in East Timor, Aceh and lrian Jaya and that the riots in May 1998 resulted in substantial cases of sexual violence directed against ethnic Chinese women. Given the goodwill of the government and its apparent intention to rectify human rights abuses, our report calls on them to initiate a process of truth and reconciliation so that the crimes of the past can be exposed and rectified. We are also concerned by the death threats directed at victims and NGOs by unidentified groups and feel that despite the openness of the government, these darker, unidentified forces still prevent human rights from being enjoyed in a free and full manner. I urge the Indonesian government to implement the recommendations contained in our report.
The past year has been an important year for women's human rights. Not only has the first case alleging violation of human rights due to domestic violence appeared before an international tribunal, but the Rwanda Tribunal at Earache sentenced the first person in history for sexual violence against women during armed conflict. The courageous judgement pushed the frontiers of international law to acknowledge that sexual violence could be an aspect of Genocide. In addition the Statute of the International Criminal Court gives comprehensive coverage of sexual violence offences in situations of armed conflict. Then just last month, in the year when we celebrate the 20th anniversary of the Convention on the Elimination of Discrimination Against Women (CEDAW) and the lOth anniversary of the Convention on the Rights of the Child (CRC), the Commission on the Status of Women passed the Optional Protocol to CEDAW which would allow individual petitioners to petition the CEDAW Committee for violations of women's human rights once they have exhausted remedies in their own countries. We urge States to ratify the protocol so that it comes into force as soon as possible.
These are momentous developments. A decade ago when violence against women was put on the international agenda, there were skeptics who believed that it was not really an important human rights issue. I can tell the Commission from my own experience that the decision of this Commission to place this item as an important part of its agenda has galvanised millions of women around the world. Wherever I go there is gratitude toward the United Nations for this commitment to human rights and for the compassion that such measures bring. My only sadness lies in the fact that we are not able to live up to their expectations because of the lack of resources and the systems of accountability that would make human rights more meaningful. As we helplessly watch the scenario unfolding in Kosovo, when we hear stories of the systematic rape of women, I am reminded of a woman victim in Rwanda who asked me, " All these rights are wonderful but where were you in 1994?" I could only reassure her by saying that the United Nations has opened its mind to their problems, it is only now beginning the process of opening its heart.
APRIL 13th 1999.
ORAL STATEMENT OF RADHlKA COOMARASWAMY,
THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN,
(including its causes and consequences).
Madame Chairperson,
In 1998 for the first time a case raising the issue of wife battery as a human rights violation was brought before an international tribunal, the Inter-American Commission on Human Rights. Pamela Ramjattan, a citizen of Trinidad and Tobago was reportedly battered repeatedly by her husband. This domestic violence was not considered by the government of Trinidad and Tobago as mitigating circumstances in her conviction for murder which also resulted in her being sentenced to death. The Commission has still not reached a conclusion in this case but its appearance before a Human Rights Tribunal underscores the argument that domestic violence against women is an important aspect of international human rights violations.
During the course of the year 1998, in an attempt to provide a systematic review of state compliance with international obligations with respect to domestic violence, I requested governments and NGOs to provide me with written accounts of the measures that had been taken in their countries since 1994, when I last reported on violence in the family to the Commission. I was pleased by the response to my request and summaries of the presentations are contained in this year's report.
In particular, I sought information on National Plans of Action that have been adopted since 1994, the available statistics, programmes of training for members of the criminal justice system and support services for victims of domestic violence. I am pleased to report to the Commission that most of the countries have begun to recognise domestic violence against women as an important aspect of human rights. There appear to be national plans of actions and programmes for raising awareness. Regardless of religious or ideological barriers, countries seem to have accepted that violence in the family must be combated as a violation of women's human rights.
However, fewer countries have really gone beyond the policy making stage. They have not systematically gathered statistics so that they can ascertain the scale of the problem they are facing. Some countries have introduced training for the members of the criminal justice system but a larger number have not introduced any courses for law enforcers with regard to domestic violence. In addition states have not really assigned resources to deal with the problem, either with regard to an evaluation of the system's readiness to deal with the issues concerned or with regard to the provision of support services for the victim. Though I welcome the recognition of violence in the family as an important area of concern, without implementation strategies and proper information gathering the struggle against domestic violence will be futile.
In determining the contours of violence in the family, I am continually faced with the question as to what is the definition of the family for purposes of international human rights law. Though the family is defined as the natural and fundamental unit of society, there is little guidance as to what is the social construction of family for purposes of international law. Family structures throughout the word differ. There are nuclear families, joint families, lineal families, single parent families and same sex parents with families. International human rights law as reflected in the Universal Declaration of Human Rights and the International Covenants of civil and political rights and economic and social rights state clearly that the basis of the family must be free and full consent of the partners. The Convention on the Elimination of all forms of Discrimination Against Women also argues for the free and full consent of the partners and equal rights and responsibilities. The Programme of Action adopted by the International Conference on Population and Development points out that the family is the basic unit of society but recognises that the family is often determined and transformed by demographic and socio economic changes.
For purposes of combating violence against women in the family, I would like to accentuate the fact that international human rights law requires the free and full consent of the spouses and that forced marriages and marriages arranged against the will of women are aspects of violence against women in the family that must concern us internationally. Nevertheless within this framework, I argue for a broad understanding of family to include the multiplicity of family forms so that the range of protection guaranteed by international law are available for a more comprehensive group of people who are connected by different degrees of intimacy. This should include the non- traditional forms of family.
In recent years, I have been increasingly concerned by the proliferation of honour crimes against women in certain part of the world including, Turkey, the Middle East and South Asia. I did not include these crimes in my earlier report on violence in the family in 1994 but since then I have received many communications about these horrendous crimes. Just last week a gruesome murder took place in the law offices of one of this Commission's Special Rapporteurs Mrs. Asma Jehangir. One other woman client was shot in the head for daring to want a divorce from a man who constantly battered her. Our thoughts go out to the Special Rapporteur and her colleagues. The Commission should urge the government ofPakistan to take a serious view of honour killings and support crisis centres for women victims of honour crimes. Secondly, the Government of Pakistan should take all necessary steps to protect the lives of Asma Jehangir and her colleagues. If they cannot provide such security, the Commission should consider giving her international protection. In honour crimes, the male members of a family kill a female relative perceived by them to have defiled the honour of the family. This usually involves extra-marital relations, wanting a divorce or young girls falling in love with men that their family disapproves of Sometimes sexual relations are not even involved for mere falling in love is enough for the execution. It is also tragic to note that adolescent boys are often asked to commit the murder because they receive a lighter sentence. As young brothers kill their mothers or older sisters, they are socialised into a way of life that sanctifies violence against women in certain contexts. I am deeply concerned about this phenomenon which has increased in recent years and feel that international action should be taken to prevent these abuses against women.
I have often said in my reports that the international legal framework with regard to violence against women in the family needs further clarification. I have pointed out that legal doctrine is evolving in this sphere and the recent case before the Inter-American Commission will assist the process. The evolution of appropriate legal doctrine has been of great concern to as we have to ensure that violence against women in the family is seen as a human rights issue with firm legal foundation.
In evolving international legal frameworks for combating violence against women, I have drawn inspiration from the Declaration on the Elimination of Violence Against Women which points out in Article 4 that "states must exercise due diligence to prevent, investigate, and in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or private persons". I have also noted General Recommendation 19 of the CEDAW Committee that argues that "states may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights, or to investigate and punish acts of violence and for providing compensation. "
On my field visits I have attempted to evolve a methodology for assessing due diligence in the sphere of violence against women by private actors. The questions I have asked relate to the international and national legal and policy frameworks, statistics and data gathering, training of criminal justice systems, support services for victims, education and media policy.
The fourth addendum to my report is a review of policies and practices that impact women's reproductive rights and contribute to, cause or constitute violence against women. The addendum draws attention to the extensive international literature that seeks to enshrine reproductive rights as international human rights. It also points to the reproductive health consequences of sexual violence against women, which account for 5% of diseases among women. In addition, violence against women in the home often relates to their attempts to exercise their reproductive rights and use birth control so as to prevent their getting pregnant against their will. Research also shows that battering of pregnant women is a serious problem often resulting in miscarriage and premature labour. Finally cultural practices of violence against women like female genital mutilation, child marriage, sex selective abortion, forced contraception and female infanticide directly affect women' s reproductive rights.
During the course of the year I made two field visits- one to the United States to investigate sexual misconduct in U.S. prisons. The second visit was to Indonesia to look at the problem of rapes against ethnic Chinese women and sexual violence by the army in the areas of East Timor, Irian Jaya and Aceh. I was to visit Afghanistan but due to security reason I was compelled to postpone my visit.
The visit to the United States was facilitated by the Federal Government of the United States. We were given open access and were cordially received by both the federal and state governments except for the State of Michigan where the Governor denied us access at the last moment. All other state governments were very co-operative though we were denied access to the high security sections of certain prisons in California. Our findings highlight the fact that the United States has a diversity of prison regimes depending on the policies of each state. On the one hand we were confronted with human rights violations but we were also shown programmes and projects that would constitute best practices, especially in the state of Minnesota. In the rest of the states we visited we were concerned about the issue of sexual misconduct resulting from male guards guarding and having access to the housing units of women prisoners and by the use of certain restraints such as leg irons and four point restraints which we felt violated international standards as set out in the Standard Minimum Rules for The Treatment of Prisoners.
The field visit to Indonesia took place in November last year. We were given full and open access to government officials, police and military leaders, NGOs, and victims who came from all over Indonesia to meet and talk with us. We would like to place on record our appreciation for the complete access given by the government particularly because before May 1998, United Nations human rights mechanisms were not welcome in Indonesia. We noted a major change in the policies and practices of the government with regard to human rights and we say so in our report. However, prior to May 1998, we found that sexual violence was used as a method of intimidation and torture in East Timor, Aceh and lrian Jaya and that the riots in May 1998 resulted in substantial cases of sexual violence directed against ethnic Chinese women. Given the goodwill of the government and its apparent intention to rectify human rights abuses, our report calls on them to initiate a process of truth and reconciliation so that the crimes of the past can be exposed and rectified. We are also concerned by the death threats directed at victims and NGOs by unidentified groups and feel that despite the openness of the government, these darker, unidentified forces still prevent human rights from being enjoyed in a free and full manner. I urge the Indonesian government to implement the recommendations contained in our report.
The past year has been an important year for women's human rights. Not only has the first case alleging violation of human rights due to domestic violence appeared before an international tribunal, but the Rwanda Tribunal at Earache sentenced the first person in history for sexual violence against women during armed conflict. The courageous judgement pushed the frontiers of international law to acknowledge that sexual violence could be an aspect of Genocide. In addition the Statute of the International Criminal Court gives comprehensive coverage of sexual violence offences in situations of armed conflict. Then just last month, in the year when we celebrate the 20th anniversary of the Convention on the Elimination of Discrimination Against Women (CEDAW) and the lOth anniversary of the Convention on the Rights of the Child (CRC), the Commission on the Status of Women passed the Optional Protocol to CEDAW which would allow individual petitioners to petition the CEDAW Committee for violations of women's human rights once they have exhausted remedies in their own countries. We urge States to ratify the protocol so that it comes into force as soon as possible.
These are momentous developments. A decade ago when violence against women was put on the international agenda, there were skeptics who believed that it was not really an important human rights issue. I can tell the Commission from my own experience that the decision of this Commission to place this item as an important part of its agenda has galvanised millions of women around the world. Wherever I go there is gratitude toward the United Nations for this commitment to human rights and for the compassion that such measures bring. My only sadness lies in the fact that we are not able to live up to their expectations because of the lack of resources and the systems of accountability that would make human rights more meaningful. As we helplessly watch the scenario unfolding in Kosovo, when we hear stories of the systematic rape of women, I am reminded of a woman victim in Rwanda who asked me, " All these rights are wonderful but where were you in 1994?" I could only reassure her by saying that the United Nations has opened its mind to their problems, it is only now beginning the process of opening its heart.