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Commission on Human Rights
58th session
10 April 2002




Ms. RADHIKA COOMARASWAMY
SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN,
ITS CAUSES AND CONSEQUENCES


INTEGRATION OF THE HUMAN RIGHTS OF WOMEN
AND THE GENDER PERSPECTIVE
VIOLENCE AGAINST WOMEN

Item 12(a)





Mr Chairperson,

For many of us the family is a site of security, warmth and comfort. It is the place where we nurture those we love and mentor those who depend on us. The family is a refuge, a haven away from the travails of the real world where we find companionship, joy and care in our most intimate relationships with others. Our general attitudes and our most cherished aspirations are formed in the context of the family.

Unfortunately for many women and girls in the world, this is not their reality. For them, the family is not always the site of care and nurture. Instead it is a place where they experience terrible forms of violence and discrimination. Though some are subject to the brutality of individual family members, others suffer violence because cultural practices sanction the violence and make it legitimate and acceptable within the greater society. These structural forms of abuse are not always seen to constitute violence and are often embedded in the economic and social life of the community. Because of the link to notions of culture, these forms of violence are tenacious and extremely difficult to eradicate. They are probably one of the greatest challenges facing the human rights community in the next few decades.

The type of violence and discrimination that women suffer under the guise of cultural practice are diverse and varied. Some cultural practices result in murder or severe pain and suffering, irretrievably transforming women’s lives. Honor killings, female genital mutilation, Sati, the pledging of young children to be concubines or sex slaves, are examples of the type of practices that shock the conscience because they involve physical violence and brutality. For the past few centuries, human rights initiatives have focused on the physical integrity of the human person. The first Special Rapporteur was after all in the area of torture. It is therefore unconscionable that cultural practices that cause severe pain and suffering to women and girls are tolerated as acceptable and legitimate. States have a special duty to eradicate these practices; no matter how entrenched they are, if they are to truly implement human rights standards internally. States must not invoke any custom, tradition or religious consideration to avoid their obligation to eradicate violence against women.

Honor crimes against women are another form of cultural practice that are tolerated in many parts of the world. Women are killed or maimed because they fall in love with the wrong person, seek a divorce or commit adultery. Sometimes they are killed or maimed because their behaviour is unacceptable to members of the family. These crimes are often tolerated by the State and unpunished. The impunity that honor crime perpetrators enjoy sends a message to the rest of society that family members can take justice into their own hands and meet out arbitrary punishments for transgressions that they do not wish to tolerate. This type of violence without accountability and at the most intimate level leaves women terrorised and intimidated, denying them the most basic right of all-the right to life.

What are some of the causes of gender-based violence?

Commentators have pointed out that many of the cultural practices that are violent toward women are rooted in the control of female sexuality and the emotional lives of women. In some societies, women’s emotional and sexual expressions are seen as grave threats to the social fabric and a challenge to the social order. As a result dress codes, restrictions on freedom of movement, restrictions on freedom of association as well as genital surgeries are imposed on women so that they are controlled, disciplined and regulated. It is in this context that I refer in my report to the importance of reproductive rights and women’s sexual autonomy. We must remember the language agreed upon in Cairo at the Social Summit in 1995 that all human beings have right to a safe and satisfying sex life. It is only when women’s sexual autonomy is accepted and respected that many of the cultural practices that are violent toward women will be eradicated.

Gender-based violence is also related to the social construct of what it means to be either male or female. When a person deviates from what is considered “normal” behaviour they are targeted for violence. This is particularly acute when combined with discrimination on the basis of sexual orientation or change of gender identity. Violence against sexual minorities is on the increase and it is important that we take up the challenge of what may be called the last frontier of human rights.

In addition, Mr. Chairperson, in many societies, being masculine and a role model for boys involves a measure of violence. From cowboys, to commandos, warriors and street gang fighters, the violent man is often celebrated as a hero. This is the case in traditional as well as modern societies. These cultural constructions of masculinity have a direct impact on the lives of individual women. When violence is tolerated in a society as a means of conflict resolution, the levels of domestic violence are also high. It may be time Mr. Chairperson, for cultures to educate their youth, especially young boys, to have new types of heroes and male role models so that masculinity and masculine practices no longer hinge on the use of violence.

Many of the cultural practices that continue in the world today violate international human rights norms as set out in The Convention on the Elimination of Discrimination Against Women. General recommendation 19 of the CEDAW Committee is a detailed account of the types of violence that are prohibited, including traditional practices harmful to the health of women. In addition discrimination in family law, whether with regard to inheritance rights, age of marriage, unilateral divorce, polygamy, child custody or maintenance after the dissolution of the marriage also violate Article 16 of CEDAW that ensures that marriages are based on the firm foundation of freedom and equality between the partners. Though these practices do not shock the conscience like the practices associated with female genital mutilation, honor killings or Sati, they violate the basic right to equality that women are entitled to in any society.

Despite the flagrant violation of international human rights laws, societies and governments often ask that these practices are tolerated because they supposedly represent the culture of a given society. The public private distinction that has led to a great deal of impunity with regard to violence in the home is also present in the so called cultural relativist position. In many societies, the home is the site of cultural reproduction and women are called upon to be the custodians of a society’s culture. It is they who wear the markers of a cultural identity. Women’s clothing, women’s cooking and women’s rituals are often what remain of cultures in transition. While men enjoy the benefits of a modern, dynamic society and economy, women are relegated to the home and to be the custodians of the past. They are seen as spiritual caretakers of rituals and practices. Men and institutions may change in the modern world but women are expected to be timeless and static, holding onto practices that are in themselves sometimes violent and discriminatory. The imperviousness of culture to change when it comes to women’s rights remains a major problem especially when certain cultural practices violate international human rights norms.

In the coming decades, the women’s issue will be the greatest challenge of the international human rights movement. Will we be able to persuade states to take effective action in the very arena toward which they are ambivalent- culture and the home? In some cases it is imperative that the international community act decisively. With regard to violent practices that involve murder or are torture like and cause “severe pain and suffering”, or practices that are slave like, it is important that effective action is taken immediately. At the beginning of the twentieth century these practices cannot in good conscience be tolerated wherever they occur. Legislation has to be passed, the criminal justice system must be trained and effective and there should be support services for the victims. It is crucial that States accept their due diligence obligations to prevent, investigate, punish and ensure compensation for these violations and that we all work as a community to help eradicate these practices.

With regard to laws and customs that are inherently discriminatory, more complex and less physically violent, it is important that we also begin to confront and challenge some of these structures. Whether they be personal laws, religious laws or customary laws, their inequity is a serious challenge to the international human rights community. We must begin to deal with these issues in consultation with the women in the society concerned. In some of these contexts, it is also very important to avoid the “arrogant gaze of the outsider”. We must evolve strategies that involve the full participation of women in the affected communities. After all the dignity of women is often linked to how their ethnic group or religious community is perceived and treated. Working with women’s groups in these societies who are doing yeoman’s work to fight for equality will probably be the most effective way to move forward. We must strengthen their work and their effectiveness because only change from within will truly be effective and long term.

Mr. Chairperson, during the course of the last year, I made two field visits- one to Sierra Leone and one to Colombia. Societies that are torn apart by war destroy the lives of individual women in the cruellest of ways. We saw ample evidence of the brutality and the suffering that war causes. The impunity of actors who perpetrate the most heinous crimes remains a cause for serious concern. It is for this reason that we welcome the 60th ratification of the ICC. Its entry into force is a major step forward in the history of mankind. The use of force without restraint and impunity for acts of brutality and wanton destruction must not become the norm regardless of how serious the provocation. If we do not stand by international standards and principles, then all these years and all our struggles would have been in vain.

In Sierra Leone, we found evidence of the most extensive forms of violence against women. Young girls were repeatedly abducted, made into sex slaves and were often also made into combatants. They were often drugged and asked to commit heinous offences. It is important that the international community hold perpetrators prosecute especially those most responsible for the crimes, accountable. It is for this reason that we welcome the setting up of a Special Court and a Truth and Reconciliation Commission with international participation in Sierra Leone. These structures must be gender sensitive, with women as judges or commissioners, a special prosecutorial unit with regard to violence against women and a witness protection programme for female witnesses. Unless this accounting for past crimes takes place there will be no deterrent for the commission of future crimes of brutality. We are also concerned that plans for rehabilitation and reconstruction of Sierra Leone must take into account the needs of sexual violence survivors and former female combatants. There is no single UN agency responsible for the concerns of women victims of this war. We strongly urge that UNIFEM be strengthened in Sierra Leone with an effective mandate to look into and coordinate work with regard to the needs of the women victims of the conflict.

The visit to Colombia also highlighted the terrible toll that war takes on the lives of women. I heard testimonies of how women have been subjected to rape, sexual slavery, sexual mutilation, forced nudity and imposition of strict dress codes. Witnesses recalled how women are raped before being killed during massacres. The scale and nature of these massacres paint a horrific picture of impunity, brutality and violence. However violence against women during the conflict has remained surprisingly invisible. Impunity and the denial of justice continue to be amongst the most serious concerns. For a short period the Office of The Prosecutor General was engaged in an effective course of action to bring perpetrators to justice but at the time of my visit, personnel was changed in the office and many of the cases were not followed through. In addition, there was not one case of gender violence being investigated by The Office though many women spoke to us candidly of such violence. The State must intervene with the purpose of reducing violence against women, making the necessary investigations and supporting victims. The end of the peace process in Colombia will make the task of combating impunity for human rights violations more difficult. However, unless such impunity ends, there will be no real deterrence to the cycle of violence and counter violence.

Though the majority of cases that came before us in Colombia implicated the paramilitary forces in Colombia, the guerrillas are also responsible for abduction and violence against the civilian population. The guerrillas often denied reproductive freedom to their female combatants and many of them were left to fend for themselves because they made the decision to defy the guerrilla regulations.

The massacres and other types of conflict related activities have led to a massive growth in the internally displaced population. The concerns of internally displaced women were not receiving adequate attention and many complained at the lack of shelter or services. In the report we have made a series of recommendations that we feel are necessary to allow these women to live in security and dignity.

Finally, Mr Chairperson, we are all aware of the many reports coming out of Sierra Leone, Liberia and Guinea where aid workers and UN peacekeepers have been implicated in the sexual abuse and exploitation of women and children. In our visit to Sierra Leone, we saw evidence of the type of climate that allows these activities to take place with impunity and without accountability. During my tenure as Special Rapporteur I have visited many war zones and I have always been concerned that there are no adequate systems in place to prevent abuse by individual humanitarian aid workers and peacekeepers. In these war zones, the international community wields incredible influence and power and therefore may enjoy a great deal of impunity. Unless this power and influence are restrained by effective procedures, it is the civilian population that will bear the brunt of an arbitrary and corrupt environment. It is essential that the international community takes this matter seriously and come up with codes of conduct for humanitarian aid workers and peacekeepers that are effectively implemented by the authorities. There must be systems in place so that those who violate these codes are removed from office and not allowed to deal with the civilian population. When those who come into a country to bring peace and rehabilitation act abusive and arbitrary, they give the international community a bad name. If the international community is to engage in humanitarian and peacekeeping work, its officials must be beyond reproach and their activities must be fair and reasonable. Since much of this is done in the name of the international community, each of us bears a responsibility to ensure that such violence, abuse and exploitation does not taker place.

We cannot be seen in any way to be complicit in the type of actions that bring immeasurable suffering to the civilian population and individual women and girl children. We must continue to hold ourselves accountable to the highest standards.

Thank you Mr Chairperson.