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09 June 2000
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9 June 2000
Beijing+5 Review Conference
Distinguished delegates,
This conference marks the latest step on the road towards the goal of making, in the words of the Beijing Declaration, the human rights of women and the girl child an inalienable, integral and indivisible dimension of universal human rights.
On March 6th I was privileged to be invited to address the delegates at the beginning of the Five Year Review of the Beijing Platform for Action. I said then that I saw the challenge as being to build on the achievements of Beijing, to move the agenda forward in very practical ways and to assess whether governments have really lived up to their commitments. I was also keen that we should look to new ways of ensuring equality.
In order to give assistance to the process, my Office has produced a paper which sets out our position on the review, namely that it should take place within the legal framework of international human rights standards and that the legal authority of the Treaty Bodies and the work of the Special Rapporteurs of the Commission for Human Right, should be brought to bear in relation to interpretation and obligation. I reiterate this position now and draw your attention to the detailed concerns expressed in that paper.
I would like to consider for a moment some of the major issues which I understand have arisen during the course of this review.
I am aware that the nature of State responsibility for ensuring the protection of rights became an issue for delegates. Clearly, as a matter of law, the State must secure the rights contained within the international human rights Conventions, that it must do so by ensuring that its national laws, development policies and practices give effect to its obligations, and that it must do so without discrimination. Failure to take such action encourages a climate of impunity in which attacks on these rights continue. It is vital that all States adopt a gender analysis in all legislation, programmes and policies.
I am on record as recommending that governments draw up national plans of action and that representatives of civil society have access to and cooperate with the government in the implementation process. I still commend that course of action.
Mention must also be made of the significance of national, cultural, religious and historical considerations which influence programmes and policies in individual States . I am only too well aware that justifications which lie in such terminology impact mainly against the human rights of women. I would cite as examples of particular concern the fact that certain States still refuse to recognise marital rape, do not condemn so called honour killings, and that domestic violence remains one of the greatest barriers to women’s equality. Violations of such an egregious nature cannot, under any circumstances be accepted.
I am encouraged by the acknowledgement by States that development policies must be subjected to a gender analysis and that there is at least a recognition of the need to examine policies to ensure women’s economic empowerment. It is clear that globalisation, structural adjustment policies and the impact of armed conflict has led to the increased feminisation of poverty. This is a causative factor in women’s migration and frequently places women in vulnerable situations which can lead to them being trafficked for various forms of forced labour. New forms of forced labour have become the modern day equivalent of slavery. Failure to address its causes make us all complicit
Development assistance programmes should address this and I encourage developed nations to honour the commitments made with respect to the levels of assistance that should be given. It is untenable that States with burgeoning economies are reducing their aid flows.
I would also like to draw your attention to those who take on the role and responsibility of being defenders of women’s human rights. The recent decision of the Commission on Human Rights to appoint a Special Representative of the Secretary General to further implement the UN Declaration on Human Rights Defenders is a welcome step and a victory for those who are fighting to strengthen protection for human rights defenders.
We must acknowledge that some human rights defenders are even more at risk because of the nature of the rights that they are seeking to protect, particularly when they relate to issues of sexuality, in particular sexual orientation, and reproductive rights. It is of vital importance that the issue of diversity is recognised and that we make the link to the enjoyment of human rights. Many women face additional discrimination because of their race, ethnicity, language, culture, religion, sexuality or sexual orientation. Indeed, it is often one or more of these factors which cause the violations to occur. Justifications on the grounds of cultural, religious or traditional practices are not justifications. I would reiterate a fundamental principle; as part of our commitment to human rights and the obligations set out in the UN Charter, we must ensure that their application is universal. We are obliged to recognise and respect diversity.
In this vein I would draw your attention to the issue of the gender dimension to racism. It is on the agenda of the World Conference against Racism which will be held in South Africa next year and I intend to ensure that it is considered in depth at that conference.
I feel it incumbent to mention the forthcoming session for the ICC, not least because the questions of State sovereignty, derogations based on cultural, religious, or traditional practices, will again arise. I would ask everyone involved in the process to reflect on the context in which the ICC will operate and the types of crime it is to have jurisdiction over. When we speak of violations of humanitarian law, when we speak of crimes which are so abhorrent that they are considered jus cogens under international law, such as slavery and torture, and when we consider the particular way that these crimes can be committed against women, there is no room for negotiation nor derogation from international legal obligations.
Whilst it is clear that women are entitled to the full range of protections set out in the human rights conventions, there is additional and specific language in the Convention for the Elimination of all Forms of Discrimination Against Women on the meaning of discrimination. One of the aims set out in the Beijing Platform for Action was for there to be universal ratification of the CEDAW by the year 2000 and to remove reservations which are incompatible with the object and purpose of the Convention. I regret that this has not been achieved. I would once again encourage States to move towards ratification and towards greater implementation of the protections contained within it. On a positive note, the goal of elaborating and adopting an Optional Protocol has been achieved. It is now for the States to demonstrate their commitment by enabling women to hold them accountable for perceived failures to protect human rights by ratifying that document.
Conclusion.
In conclusion, I would like to pay tribute to the women’s NGO’s for the enormous amount of work they do, sometimes under very difficult circumstances, for the furtherance of womens right to equality. They have demonstrated, yet again , their autonomy, and their commitment. We should all thank them for the tremendous contribution they have made to the review process, both in the preparatory meetings and here in New York.
I congratulate too, the delegates who have worked so hard to try to achieve a document which they, and the NGO’s can work with and use to develop the Platform for Action. But there have been flaws in the process upon which I feel I should comment. I am concerned that certain delegations have negotiated in such a way so as to try to trade what I consider to be fundamental human rights. I am aware that there has been a perception amongst many that that the spirit of cooperation and genuine desire to take forward the process, has been absent. I would encourage all delegates to make an absolute commitment and a final effort to draw up a document which takes women closer to the equal enjoyment of all human rights.
Beijing+5 Review Conference
Distinguished delegates,
This conference marks the latest step on the road towards the goal of making, in the words of the Beijing Declaration, the human rights of women and the girl child an inalienable, integral and indivisible dimension of universal human rights.
On March 6th I was privileged to be invited to address the delegates at the beginning of the Five Year Review of the Beijing Platform for Action. I said then that I saw the challenge as being to build on the achievements of Beijing, to move the agenda forward in very practical ways and to assess whether governments have really lived up to their commitments. I was also keen that we should look to new ways of ensuring equality.
In order to give assistance to the process, my Office has produced a paper which sets out our position on the review, namely that it should take place within the legal framework of international human rights standards and that the legal authority of the Treaty Bodies and the work of the Special Rapporteurs of the Commission for Human Right, should be brought to bear in relation to interpretation and obligation. I reiterate this position now and draw your attention to the detailed concerns expressed in that paper.
I would like to consider for a moment some of the major issues which I understand have arisen during the course of this review.
I am aware that the nature of State responsibility for ensuring the protection of rights became an issue for delegates. Clearly, as a matter of law, the State must secure the rights contained within the international human rights Conventions, that it must do so by ensuring that its national laws, development policies and practices give effect to its obligations, and that it must do so without discrimination. Failure to take such action encourages a climate of impunity in which attacks on these rights continue. It is vital that all States adopt a gender analysis in all legislation, programmes and policies.
I am on record as recommending that governments draw up national plans of action and that representatives of civil society have access to and cooperate with the government in the implementation process. I still commend that course of action.
Mention must also be made of the significance of national, cultural, religious and historical considerations which influence programmes and policies in individual States . I am only too well aware that justifications which lie in such terminology impact mainly against the human rights of women. I would cite as examples of particular concern the fact that certain States still refuse to recognise marital rape, do not condemn so called honour killings, and that domestic violence remains one of the greatest barriers to women’s equality. Violations of such an egregious nature cannot, under any circumstances be accepted.
I am encouraged by the acknowledgement by States that development policies must be subjected to a gender analysis and that there is at least a recognition of the need to examine policies to ensure women’s economic empowerment. It is clear that globalisation, structural adjustment policies and the impact of armed conflict has led to the increased feminisation of poverty. This is a causative factor in women’s migration and frequently places women in vulnerable situations which can lead to them being trafficked for various forms of forced labour. New forms of forced labour have become the modern day equivalent of slavery. Failure to address its causes make us all complicit
Development assistance programmes should address this and I encourage developed nations to honour the commitments made with respect to the levels of assistance that should be given. It is untenable that States with burgeoning economies are reducing their aid flows.
I would also like to draw your attention to those who take on the role and responsibility of being defenders of women’s human rights. The recent decision of the Commission on Human Rights to appoint a Special Representative of the Secretary General to further implement the UN Declaration on Human Rights Defenders is a welcome step and a victory for those who are fighting to strengthen protection for human rights defenders.
We must acknowledge that some human rights defenders are even more at risk because of the nature of the rights that they are seeking to protect, particularly when they relate to issues of sexuality, in particular sexual orientation, and reproductive rights. It is of vital importance that the issue of diversity is recognised and that we make the link to the enjoyment of human rights. Many women face additional discrimination because of their race, ethnicity, language, culture, religion, sexuality or sexual orientation. Indeed, it is often one or more of these factors which cause the violations to occur. Justifications on the grounds of cultural, religious or traditional practices are not justifications. I would reiterate a fundamental principle; as part of our commitment to human rights and the obligations set out in the UN Charter, we must ensure that their application is universal. We are obliged to recognise and respect diversity.
In this vein I would draw your attention to the issue of the gender dimension to racism. It is on the agenda of the World Conference against Racism which will be held in South Africa next year and I intend to ensure that it is considered in depth at that conference.
I feel it incumbent to mention the forthcoming session for the ICC, not least because the questions of State sovereignty, derogations based on cultural, religious, or traditional practices, will again arise. I would ask everyone involved in the process to reflect on the context in which the ICC will operate and the types of crime it is to have jurisdiction over. When we speak of violations of humanitarian law, when we speak of crimes which are so abhorrent that they are considered jus cogens under international law, such as slavery and torture, and when we consider the particular way that these crimes can be committed against women, there is no room for negotiation nor derogation from international legal obligations.
Whilst it is clear that women are entitled to the full range of protections set out in the human rights conventions, there is additional and specific language in the Convention for the Elimination of all Forms of Discrimination Against Women on the meaning of discrimination. One of the aims set out in the Beijing Platform for Action was for there to be universal ratification of the CEDAW by the year 2000 and to remove reservations which are incompatible with the object and purpose of the Convention. I regret that this has not been achieved. I would once again encourage States to move towards ratification and towards greater implementation of the protections contained within it. On a positive note, the goal of elaborating and adopting an Optional Protocol has been achieved. It is now for the States to demonstrate their commitment by enabling women to hold them accountable for perceived failures to protect human rights by ratifying that document.
Conclusion.
In conclusion, I would like to pay tribute to the women’s NGO’s for the enormous amount of work they do, sometimes under very difficult circumstances, for the furtherance of womens right to equality. They have demonstrated, yet again , their autonomy, and their commitment. We should all thank them for the tremendous contribution they have made to the review process, both in the preparatory meetings and here in New York.
I congratulate too, the delegates who have worked so hard to try to achieve a document which they, and the NGO’s can work with and use to develop the Platform for Action. But there have been flaws in the process upon which I feel I should comment. I am concerned that certain delegations have negotiated in such a way so as to try to trade what I consider to be fundamental human rights. I am aware that there has been a perception amongst many that that the spirit of cooperation and genuine desire to take forward the process, has been absent. I would encourage all delegates to make an absolute commitment and a final effort to draw up a document which takes women closer to the equal enjoyment of all human rights.