Statement of the SR at the 60th Session of the Commission on Human Rights, Item 12 (a), April 5, 2004

5 April 2004


Mr. Chairperson, distinguished delegates, representatives of the UN and NGO community,

It is with great honour and pleasure that I address the Commission on Human Rights for the first time in my capacity as Special Rapporteur on violence against women, its causes and consequences. I would like to start my statement by celebrating the 10th anniversary of the mandate of Special Rapporteur on violence against women and remember with deep appreciation the many known and unknown women and men who have contributed to its creation and supported its work. It is both an exceptional privilege and a grave responsibility for me to be entrusted with this task. I shall do my very best to meet the challenge.

As the time is limited, I will highlight some of the main points contained in my report which is presented in document E/CN.4/2004/66 and its addenda 1 & 2.

The report starts with a summary of my activities as Special Rapporteur since I took over the mandate in August 2003. Among these, at the request of this Commission, is a report on the human rights situation of women and girls in Afghanistan, which I presented to the General Assembly at its fifty-eighth session (A/58/421). An update on the situation is included in my current report before you. The remainder of the report builds on the excellent work done by my predecessor, Ms. Radhika Coomaraswamy, by reflecting on the developments of the past decade as well as on the task ahead.

My report emphasizes the universality of violence against women, the multiplicity of its forms and the intersectionality of diverse kinds of discrimination against women rooted in other systems of subordination and inequality. I also expand the concept of violence against women to capture the wide spectrum of acts as they manifest “from the domicile to the transnational arena”. New issues and concerns are continually emerging and transnational actors, including intergovernmental organizations, corporations and other business enterprises, among others, are involved, such that further standard-setting and implementation are required. In this context, I welcome the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights”, adopted by the Sub-Commission on the Promotion and Protection of Human Rights in 2003. They recognize that even though States have the primary responsibility to promote, respect, and protect human rights, transnational corporations and other business enterprises, are also responsible for promoting and securing the human rights set forth in the Universal Declaration of Human Rights and other international instruments.

Addendum 1 of the report contains a summary of communications sent to and received from governments regarding individual cases and other matters of concern to my mandate.

Mr. Chairperson,
In February 2004 I visited El Salvador and Guatemala on official mission, a preliminary note on my visit is contained in Addendum 2. The final report of the mission will be available during the summer of 2004 and will be presented to the Commission on Human Rights in 2005. I would like to take this opportunity to reiterate my gratitude to the two governments for their hospitality and their cooperation during my visit.

While both countries have the necessary legal framework in international human rights law with ratification of the core international and regional human rights instruments, the challenges are grave as violence against women and girls continues to be widespread within and outside the home. The official response to the brutal murders of women, who have been kidnapped and later found dead with signs of rape and torture, illustrates that violence against women, whether it is domestic violence, rape, or sexual harassment, is not perceived as a serious crime. Women in the two countries also share similar problems related to, although in different ways, the long years of armed conflict as well as the more recent problems of violence and exploitation linked to domestic and transnational criminal networks. Most of these crimes have gone uninvestigated resulting in impunity, which not only reinforces patterns of gender discrimination but constitutes a major source of perpetual terror in the everyday and every night lives of women.

However, Chairperson, there are promising developments in both countries towards their commitment to promote and protect the rights of women. I was particularly impressed with the legal reforms undertaken in El Salvador, although the CEDAW optional protocol still awaits ratification. Guatemala recently signed an agreement with the United Nations establishing a Commission for the Investigation of Illegal Groups and Clandestine Security Organizations in the country (CICIACS). The Agreement shall enter into force on the date on which the Government of Guatemala formally notifies the United Nations that it has completed its domestic approval and ratification procedures. CICIACS represents a new modality of collaboration between the UN and Member States in responding to transnational crime and strengthening judicial capacity to effectively investigate criminal activities. I welcome this initiative and call on all concerned to ensure that CICIACS incorporates a strong gender perspective to its work.

I am waiting to hear from the Russian Federation and Nigeria in regards to dates proposed for a visit later this year. In addition, I hope to visit the Democratic Republic of the Congo and Afghanistan. I have also followed up on earlier invitations received by my predecessor to visit Mexico, Algeria and the Islamic Republic of Iran.

Mr. Chairperson,
While violence against women is a persisting problem in all countries, thanks to the international women’s movement and human rights advocates and defenders around the world, it has become a priority issue on the agenda of the international community as well as that of many Member States. The General Assembly, last year, adopted resolution 58/185 requesting the Secretary-General to conduct an in-depth study on all forms and manifestations of violence against women. I look forward to contributing to this study as well as the study on violence against children.

The Declaration made by women ministers of foreign affairs and other dignitaries on 16 March 2004 and the specific emphasis to violence against women in interventions during the High Level Segment of the Commission this year are most encouraging and significant as they represent a strong expression of commitment to eliminate violence against women around the world. In this context, I encourage States to take action towards this common goal through the ratification of international instruments (the Convention on the Elimination of All Forms of Discrimination against Women and its protocol; the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Rome Statute of the International Criminal Court; the United Nations Convention against Transnational Organized Crime and its optional protocol on trafficking of human beings and other instruments), the removal of reservations, effective implementation and compliance with reporting obligations. I must also express my concern over the alarming trends in the growing political conservatism and backlash threatening the gains made thus far in the global agenda for women’s human rights. Women’s reproductive health and rights and initiatives to end violence against women are particularly under attack.

Mr. Chairperson,
We are at a point in history where the great divisions among humankind are increasingly being articulated along cultural lines which regrettably are deepening racism and xenophobia. The popularized phrase “clash of civilizations” is fast becoming a self-fulfilling prophecy. The events of 11 September and its aftermath have further reinforced this trend. The increased politicization of culture, especially its articulation in the form of religious fundamentalism(s), in the competition over global power, pose a major challenge to the effective implementation of international human rights standards, particularly as it affects women. Management of conflict based on cultural and religious specificities often results in the justification of violence against women both within and between conflicting groups. Women become the site where cultural boundaries are guarded, honour preserved and where wars are fought. And yet, we know all too well that those who defend subordination of women in the name of religion, culture or honour are in fact seeking to protect and defend certain interests rather than culture per se. The Dialogue among civilizations, based on the convergence in values embedded in the common heritage of human rights, is critical for resisting such ideologies, values and practices, preventing their transgression on women’s human rights and imposing boundaries or limits on those rights. It is through constructive dialogue and the establishment of a just world that we can achieve unity within diversity and diffuse the extremist reliance on culturally based identity politics.

Mr. Chairperson,
Since the Beijing Conference, HIV/AIDS emerged as the single most devastating epidemic experienced in modern history. While initially the pandemic was perceived to be mainly a health issue, today it is recognized that it is a development, security and human rights issue. Its interconnection with and impact on women’s human rights has become a major area of concern since women and girls are particularly vulnerable to HIV/AIDS owing not only to their biological conditions, but also to economic and social inequalities and culturally accepted gender roles that place them in a subordinate position vis-à-vis men regarding decisions relating to sexual relations. I intend to carry out extensive research on the issue for my annual report for 2005.

Mr. Chairperson,
During my tenure as the Special Rapporteur on violence against women I will place priority on developing guidelines for the practical implementation of international law relating to the human rights of women with particular attention to the observance of the Declaration on the Elimination of Violence against Women as adopted by States in 1993. My report elaborates guidelines for developing strategies for the effective implementation of international standards to end violence against women. At the national level I propose intervention strategies at three interrelated levels, consisting of the State, the community, and the individual woman. At the level of the State, emphasis is placed on the need to observe international law and due diligence to prevent, investigate and punish violence against women. It is important that criminal justice sanctions are not replaced by other methods of conciliation, particularly in cases involving sexual offences. At the level of the community, involving families and other non-state actors, the human rights approach needs to be complemented by a cultural negotiation approach to raise awareness of the oppressive nature of certain practices in the name of culture. At the level of individual women, particularly those at risk of or have been subjected to violence, an empowerment approach supported by protective and compensatory mechanisms need to be employed. However, at the transnational level there is need for greater insight and understanding of the dynamics at work before intervention strategies can be determined.

Given the 3 tier approach, an effective implementation of international human rights law aims to ensure: (i) women’s access to justice; (ii) state compliance and accountability; and (iii) monitoring mechanisms to measure and evaluate progress in state compliance to eliminate violence against women.

Achievement of gender justice is, first and foremost, a matter of political will and determination. States are the main subjects of international law for ensuring the basic human entitlements to women and men, citizen and alien alike. In order to accurately assess how, why, and under what circumstances specific forms of violence are perpetrated gender analysis needs to be employed at all levels of policy making. Effective monitoring of implementation requires measurable and comparable indicators of gender justice and state accountability, time-bound targets and a complex set of disaggregated data that captures the inter-linkages of multiple forms of discrimination that lead to violence against women in diverse contexts. In this regard, I have suggested the development of two indices: VAW (index on violence against women) and SAV (index on state accountability on violence). “Gender budgeting”, another powerful tool, should be further explored and adopted as a mechanism to monitor State compliance with international law to eliminate violence against women.

Mr. Chairperson,
The sincerity of States to promote and protect human rights is questioned when they do not take effective action in accordance with their international obligations to prevent violence against women and end impunity for such crimes. Violence against women is a continuum of acts that violate women’s basic human rights, resulting in devastating consequences for women who experience it, traumatic impact on those who witness it, de-legitimizing of States that fail to prevent it, and impoverishment of entire societies that tolerate it. Violence can be prevented and eliminated if there is political will and determination on the part of states as well as the international community. Tremendous advancement has been made over the past decade in terms of norm creation and standard setting – now the time has come for action! Paradoxically, this comes at a time when security concerns are a priority for governments as well as the international community. In responding to the global terror we must ensure that the respect of human rights for “all” are not compromised in the process. Security is a matter I would like to address in my future reporting.

In closing, Mr. Chairperson, I would like to express my appreciation for the contribution of Mr. Ramcharan to the United Nations. In his capacity as Acting High Commissioner, undertaken under extraordinary circumstances following the tragic death of the late High Commissioner Sergio Vieira de Mello, He has ensured a smooth transition and is now ready to hand over a well functioning institution to Ms. Louise Arbour, the new High Commissioner for Human Rights. I wish them both all the best in their future endeavours.

I look forward to a fruitful dialogue and welcome your questions, comments and suggestions in this regard.


Thank you.