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Statements Office of the High Commissioner for Human Rights

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04 June 2000

Columbia University
4 June, 2000


Women 2000: The Future of Human Rights



Ladies and Gentlemen,

I would like to pay tribute to the Centre for Women’s Global Leadership and Rutgers University for organising this event and to Columbia University for co-sponsoring and providing the venue. It shows, once again, the enormous contribution of the Centre for Women’s Global Leadership -- to allow me the opportunity to state my input and admiration for Charlotte Bunch’s vision and passion for change.

This is an especially important week for the cause of women’s human rights. The Beijing+5 Review Conference can be another milestone on the road to women’s achieving full legal, social, economic and political equality. The content of the discussion over the coming week has longterm implications and will shape the debate for the immediate future. Women all over the world will follow the work of the Review Conference closely and will be counting on those involved to play a constructive role in advancing the cause of women’s rights. What the last 3 years have brought home to me vividly is the stark inequalities in women’s’ and girls’ life choices in our so-called global village. At times the gap seems to be one of centuries. So we have a lot still to do.

The Beijing+5 Review Conference provides the opportunity to hold meetings and roundtables such as this one. These meetings offer the possibility to share experience and plan strategies and in that way to make the discussions about Beijing+5 a genuinely participatory, productive process. The contributions of the panel members from different regions will provide us with valuable, good practices. I hope to gather them in order to help our work in the Office of the High Commissioner for Human Rights.

The Future of Human Rights

First, a word about the future of human rights. I believe we are at a critical stage in the development of human rights. The interest in human rights as an issue has become universal. I doubt if there has been a time when the subject has been so widely referred to or written about, or when it has been accorded so key a role in political and economic debate. Major advances have been and are being made on the legislative front. I think, for example, of the Optional Protocol to CEDAW and the two Optional Protocols to the Convention on the Rights of the Child. I think, too, of important recent decisions such as the decision to appoint a Special Representative of the Secretary General to implement the UN Declaration on Human Rights Defenders. I think of the evidence of strengthened interest in economic, social and cultural rights as seen in the appointment by the Commission on Human Rights at its latest meeting of Special Rapporteurs on the Right to Food and the Right to Housing.

Yet, even as we welcome these testimonies to the growing prominence of human rights, we inevitably come up against the many instances where rights continue to be gravely abused and where progress seems to be slow or non-existent. The challenge we face is to keep up the pressure on governments and those in positions of power to honour the undertakings they have made in the name of human rights.

Women's Human Rights

How do I see the future for women's human rights? The chief message I would like to convey today is, in the words of the Beijing Declaration, that the human rights of women and the girl child are an inalienable, integral and indivisible dimension of universal human rights. The principles of equality and non-discrimination have been central pillars of the human rights movement and of the United Nations system from the Charter onwards. These principles are at the core of human rights treaties, covenants and declarations. They have been reiterated at numerous conferences, most notably at Beijing and Vienna. The responsibility of governments is also clearly defined: it is to achieve full and equal enjoyment by women of all human rights - economic, social and cultural as well as civil and political - and the full participation of women as both agents and beneficiaries of development.

It is clear, as we look at women's situations around the world, that progress falls far short of the goals we seek. If we consider the crucial issue of violence against women, we are faced with the stark fact that women continue to be victims of violence in all its manifestations. Violence, both physical and psychological, is regularly inflicted on many women and is manifested throughout the life cycle. In situations of conflict and of gross human rights violations, women are particularly vulnerable targets. There is a special burden of responsibility on governments to protect women from rape, abduction and other forms of gender-based violence, but it is a duty which is all too often neglected or ignored. The report just issued by UNICEF on "Domestic Violence Against Women and Girls" brings home the scale and persistence of that problem worldwide.

Violence of another kind is perpetrated against millions of women who are deprived of access to political and economic rights and power. Women are routinely barred from enjoying equal participation in public life and are denied access to equal education and proper healthcare, especially in relation to their reproductive rights. The report on "The World’s Women 2000" produced by the UN Statistics Division concluded starkly that "women remain at the lower end of the segregated labour market and continue to be concentrated in a few occupations, to hold positions of little or no authority and receive less pay than men."

For the Beijing+5 review to be successful it must address these failings and come up with innovative strategies to implement full equal rights for women. The legal base is there, in the principles of equality and non-discrimination which form an integral part of international law. And the standards have been set out in detail in the Beijing Declaration and Platform for Action. The challenge is to implement these agreed standards in practice.

Before considering what results we can hope for from the Beijing Review Conference, I would like to mention two areas of particular present concern: the rise in trafficking and the gender dimension of racism and racial discrimination.

Trafficking

The problem of trafficking in persons has become so acute that it is finally attracting the level of international attention it merits. Contributory factors include the growing disparity in wealth in societies and the disproportionate percentage of women among those living in extreme poverty. Globalisation and the revolution in communications also play a part, as do the troubles being experienced by economies in transition. Conflicts, whether internal or international, are breeding grounds for trafficking. The presence of military personnel in conflict situations, even in a peace-keeping capacity, can be a further aggravating factor.

Crucially, it is now understood that, because of the core elements of coercion and exploitation, trafficking constitutes violence against women and consequently a violation of their basic rights.

Devising effective methods of combating trafficking has not been easy and success to date has been limited. What is required is a consistent approach, based on a shared understanding of the problem. Trafficking is not a single event but a series of constitutive acts and circumstances implicating a wide range of actors. There are health, security, economic and immigration issues involved. Those who control trafficking are ruthless and persistent, many with close links to organised crime.

Anti-trafficking measures must take account of these multiple dimensions to the problem. They must address the entire cycle of trafficking, starting with improvements in the information base, ensuring an adequate legal framework and effective law enforcement, preventive measures, protection and support for trafficked persons and coordinated national, regional and international responses. And the root causes of trafficking must be addressed, such as poverty, inequality and discrimination.

Within the United Nations system, an increasing number of Treaty Bodies and Special Mechanisms of the Commission on Human Rights have been focussing attention on the issue of trafficking and making recommendations. A number of Special Rapporteurs have addressed the problem in the context of their respective mandates. I would particuarly draw your attention to the latest report by the Special Rapporteur on Violence against Women, Radhika Coomaraswamy.

The fight against trafficking is a high priority for my Office. We are working actively towards the integration of human rights into the legal and policy aspects of international, regional and national trafficking initiatives. We are carrying out projects in the Balkans and in Asia. I place particular emphasis on cooperation with organisations such as the Council of Europe, UNDP and the International Organisation of Migration and to the channeling of funds to NGOs through the UN Trust Fund on Contemporary Forms of Slavery.

Trafficking in persons is a priority because it is a compelling human rights issue, an infringement of a whole spectrum of fundamental rights which has reached global proportions. Trafficking is the very antithesis of the Universal Declaration of Human Rights and the struggle to eliminate it represents one of the toughest human rights challenges in the world today.

Gender Dimension in Racism

Another aspect of women's rights which I feel calls for close attention is the gender dimension of racism. This subject has particular relevance as we prepare for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance which will be held in South Africa next year, from 31 August to 6 September. The Beijing Declaration and Platform for Action recognized that "many women face additional barriers to the enjoyment of their human rights because of such factors as their race, language, ethnicity, culture, religion, disability or socio-economic class or because they are indigenous people, migrants, displaced women or refugees. They may also be disadvantaged and marginalized by a general lack of knowledge and recognition of their human rights as well as by obstacles they meet in gaining access to information and recourse mechanisms in cases of violation of their rights."

The Beijing wording is useful because there is a tendency to speak of so-called Adouble discrimination in relation to women of a racial or ethnic group who experience discrimination based both on their gender and on their race or ethnicity. But in real life the problem is far more complex than this. There are, in fact, multiple potential forms of discrimination involved.

A gender analysis of racial discrimination recognizes that racial discrimination does not affect men and women equally, or in the same way. To promote and protect the rights of all persons to be free from racial discrimination, it is necessary to ensure the rights of women when they are similarly situated to men and when they are not. There are circumstances in which women suffer racial discrimination of a different kind or to a different degree than men, or in which discrimination primarily affects women.

To understand the problem we need to consider what forms violations take, the context in which they occur and; the consequences of a violation and the availability and accessibility of remedies to victims.

The form: One can ask what is the nature of the particular injury, infringement or obstacle experienced by a victim because of race, gender and race and gender? For example, women of a particular racial or ethnic group may be the victims of trafficking or sexual slavery. Or, as we have seen in many recent conflicts, women of particular ethnic or religious groups may be targeted for sexual abuse.

The context: In what legal or practical situation or context does gender-based racial discrimination or race-based gender discrimination or sexual abuse occur? For example, a particular racial or ethnic group of women may face added discrimination where there are inadequate labour laws and safety standards to protect them.

The consequences of the violation: What are the particular consequences or impact of violations experienced by victims due to their gender or race? In racial and ethnic conflicts, women who are sexually abused due to their ethnicity or race often become pregnant as a result. In many countries, there are social or legal barriers to women who seek redress for rape or sexual abuse, thus adding to their suffering.

The availability and accessibility of recourse procedures and remedies: To what extent does race and/or gender limit or act as a barrier to recourse procedures and remedies? Illiteracy, lack of resources, restriction on access to public places and lack of legal standing, amongst other barriers, may act as limits to women members of particular racial or ethnic groups.

There are also distinct forms of discrimination which occur when race and gender factors intersect or compound one another. The position of girls and female youth is an example - they may face discrimination not only on the basis of gender and race, but because of another vulnerability - their age.

Clearly, the gender dimensions of racial discrimination are complex and varied. Yet, this very complexity requires the attention of the member States, national institutions, civil society and the United Nations in order to address the problem. A fundamental first step is to gather better information on the lives of the women and girl children in our world. There are major gaps in the information available to us. The next step after compilation and anlysis of information is the putting in place of policies and programmes that will ensure the full equal enjoyment of rights of women and the girl child. Such reports as we have indicate that there are few laws, policies or programmes which deal specifically with the rights of women who are at an additionally disadvantaged position due to racial or ethnic discrimination, xenophobia or related intolerance.

What is certain is that many women experience multiple discrimination and the question ought to be examined in depth. The issue of the gender dimension of racism and racial discrimination is on the agenda of the World Conference against Racism and I intend to ensure that it receives proper consideration at the conference.

Beijing+5

As I said at the outset, the week ahead has particular significance for the future of women's human rights. I see the main challenge as being to consolidate the achievements of Beijing; to move the agenda forwards in practical ways and to assess if governments have honoured their commitments.

I would draw your attention to the paper which my Office has circulated for the Beijing+5 Review Conference called ABuilding on Achievements: Women's Rights Five Years after Beijing.@ The paper examines the basic principles and standards applying to women's rights and addresses a number of key issues, including reproductive health rights; gender equality and property, land rights and inheritance; gender equality and the family, and trafficking.

As well as these overriding considerations, there are a number of specific outcomes I would like to see from this week’s discussions:

Firstly, No dilution of the Beijing Declaration and Platform for Action; the human rights standards agreed at Beijing and Vienna must be maintained;

Secondly, States must assume the primary responsibility for ensuring women’s equal rights. But they must recognise that theirs is part of an integrated response which calls for the full participation of civil society including NGOs. All States should ratify CEDAW and the Optional Protocol and do so without reservations;

Thirdly, While national, cultural, religious and historical considerations are important and must be respected, they can never be allowed to be used as justifications for the infringement of women’s human rights;

Fourthly, Due attention should be paid to the economic, social and cultural rights of women. Poverty is linked to many human rights abuses which affect women’s lives and is one of the main factors in migration, trafficking and forced labour. The moral obligation on the developed countries to transfer resources to those living in poverty is as great as ever in the modern globalised world;

Fifthly, The gender perspective should be mainstreamed into all human rights activities of governments and the United Nations system. Gender equality is not separate from other rights: it is an overarching principle that applies to the enjoyment of all rights. Mainstreaming gender acknowledges the different ways in which gender roles and gender relations shape women’s and men’s access to rights, resources and opportunities at all stages of the life cycle But it must be genuine mainstreaming, not merely data collection or rhetoric;

Sixthly, The contribution and courage of human rights defenders should be recognised. Women human rights defenders face particular risks and dangers, especially when the rights they protect relate to issues of sexuality and reproductive rights. Diversity and its link to human rights must be respected.

It is fitting that I refer to human rights defenders at an event organised by Rutgers University since it was Rutgers University Press which published the fine collection of women’s writing on human rights entitled "A Map of Hope". I said in the foreword to that book: "Fighting for women's rights is a positive struggle which recognises the quality of a woman's contribution to every aspect of the life of the community: politics, industry, commerce, education, academic life, agriculture, the home." I believe that we should always bear that in mind as we champion women’s human rights. Women are true peacemakers and peace-builders in war-torn and divided societies everywhere. A society which denies women their rights can never claim to have attained full human rights. One which embraces women's equal rights, on the other hand, will fulfill the vision of a democratic society and will ensure peace, security and sustainable development for all its people.