UN
meet on women wrangles consensus to address violence
The
United Nations Commission on the Status of Women concluded its 57th
session in March with agreement by more than 130 member states on
the prevention and elimination of all forms of violence against women
and girls. It urged governments to translate the outcome of the 'historic'
gathering into concrete actions to protect and promote women's human
rights and fundamental freedoms.
George
Gao
IN
her opening speech for the world's largest conference on ending violence
against women and girls, Michelle Bachelet summoned the spirit of
15-year-old Malala Yousafzai, whose skull was shattered on 9 October
2012 by a Taliban bullet.
'It
is for Malala - and for every girl and woman, and every human being
- that we must come to a strong action-oriented agreement to prevent
and end violence against girls and women,' said Bachelet, Executive
Director of UN Women.
The
Taliban singled out Yousafzai for advocating girls' education. She
miraculously survived the attack, as surgeons fitted her skull with
a titanium plate.
The
atrocity highlights a fact many diplomats and civil society members
have taken to heart: that violence against women and girls undermines
international development goals and UN values.
The
57th session of the Commission on the Status of Women (CSW57) took
place at UN headquarters from 4-15 March and addressed this issue.
It resulted in an outcome document, adopted with consensus by member
states.
On
the heels of CSW57 is another series of diplomatic negotiations, for
an international Arms Trade Treaty (ATT). The UN has allotted 11 days
from 18-28 March for delegates to reach an agreement. Here, too, the
issue of gender-based violence is on the table.
A
sigh of relief, but the fight continues
Civil
society organisations and UN member states were largely relieved that
a document of 'Agreed Conclusions' came through this year (see box
next page), after last year's CSW session failed to produce one.
'It
was a very difficult process because of the broad range of political
interests and agendas that member states represent,' said Mavic Cabrera-Balleza,
international coordinator for the Global Network of Women Peacebuilders
(GNWP).
This
year, 'we [successfully] lobbied for language on the link between
violence against women and peace and security, women human rights
defenders, sexual and reproductive health, small arms and light weapons,'
she told Inter Press Service (IPS).
'[But]
the final document was not as strong as we want it to be,' she said.
Cabrera-Balleza
noted that member states failed to 'reaffirm' - and only 'recall'-
UN Security Council resolutions 1325, 1820, 1888, 1889 and 1960 on
women, peace and security.
'However,
in negotiations with member states, you cannot play an "all or
nothing" game,' she explained.
Radhika
Balakrishnan, executive director of the Center for Women's Global
Leadership (CWGL) at Rutgers University, told IPS, 'There were quite
a few things we gained in this new document. which we might have lost
if negotiations continued.'
'One
of the successes was that [member states] weren't able to invoke [traditional
values and morals],' she said, noting that some governments had been
trying to use 'traditional values' - as well as 'state sovereignty'
- as a trump-card against women's human rights.
'But
many issues that women's groups have been fighting for, [such as]
sexual orientation [and] gender identity, were lost in the document,'
she noted.
Daniela
Rosche, a policy and advocacy adviser in gender justice for Oxfam,
told IPS that CSW57 established new norms, but did not address how
to implement them.
'If
you really want to do something to fight the surge of violence and
take concrete steps to solve it, you need to also develop an "international
action plan", basically to operationalise the standards that
are there,' she said.
'We
couldn't convince governments to commit to this,' she added.
'What
would ensure accountability is [if they] set concrete targets,' she
said, citing the annual Millennium Development Goals reports as an
example.
Linking
arms with gender justice
'The
relationship between small arms trade and violence against women is
in the [CSW57] document, and I think that's very important,' said
Balakrishnan of CWGL, whose 16 Days Campaign highlighted the issue.
Widney
Brown, senior director of international law and policy at Amnesty
International, explained to IPS that while the CSW57 outcome document
is not legally binding, it can be a powerful instrument for activists
to pressure their governments.
On
the other hand, 'the Arms Trade Treaty will be law' if it goes through,
said Brown. 'But in terms of enforcement, it's mostly a peer pressure
mechanism.'
She
noted, 'In the 27 July 2012 draft of the Arms Trade Treaty, there's
a reference to gender-based violence and violence against children.'
However,
some governments will likely use the issue of gender-based violence
as a bargaining chip.
'Anytime
you have references to things like gender-based violence in international
negotiations, there's a group of states who are always going to be
willing to say, "We'll give you this, on the condition that you
take [that] off",' she explained.
'I
think it will be in play again, and we're going to have to be very
vigilant against that,' she added.
Brown
explained that Russia, Syria, Iran and Egypt have often impeded member
states' negotiations for women's rights and gender equality - and
may also act as barriers during ATT negotiations.
At
CSW57, for example, the Vatican worked with Syria and some other member
states to strip out any reference to gender identity. 'This battle
has been going on for years now,' she said.
'Fortunately,
the NGO community is holding very strongly on why it's important to
talk about gender-based violence,' she stated.
Statement
on CSW57 from the SG's office
On
15 March, the spokesperson for UN Secretary-General Ban Ki-moon issued
a statement welcoming the conclusions of CSW57: 'No matter where she
lives, no matter what her culture, no matter what her society, every
woman and girl is entitled to live free of fear. She has the universal
human right to be free from all forms of violence so as to fulfil
her full potential and dreams for the future.' - IPS
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CSW57’s
Agreed Conclusions
THE
Agreed Conclusions adopted during this year's CSW session place
special emphasis on reaffirming States' existing international
obligations related to the prevention of violent gender discrimination.
These include the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention on the Rights
of the Child, the Geneva Conventions of 1949 and their Additional
Protocols, and the Rome Statute of the International Criminal
Court (Agreed Conclusions CSW57, paragraphs 3-5). The Conclusions
also cite UN Security Council and UN Human Rights Council resolutions
(Id. at paragraphs 8-9).
Notably,
the Commission defines violence against women as 'any act of
gender-based violence that results in, or is likely to result
in, physical, sexual or psychological harm or suffering to women
and girls, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private
life. The Commission also notes the economic and social harm
caused by such violence' (Id. at paragraph 11). Furthermore,
the document explicitly recognises the historical and structural
roots of violence against women and highlights the negative,
ongoing impact of gender stereotypes, discrimination, and unequal
power dynamics (Id. at paragraph 10).
Importantly,
the Agreed Conclusions reject the invocation of traditional
values or customs as a justification for failing to eradicate
violence against women and girls. Paragraph 14 of the Agreed
Conclusions reads, 'The Commission urges States to strongly
condemn all forms of violence against women and girls and to
refrain from invoking any custom, tradition or religious consideration
to avoid their obligations with respect to its elimination as
set out in the Declaration on the Elimination of Violence against
Women.' The Commission also emphasised equality through education
(paragraph 17), legislation (paragraph 18), and economic empowerment
(paragraph 19). Furthermore, the Agreed Conclusions found linkages
between violence and women and health, HIV/AIDS, poverty eradication,
food security, peace and security, humanitarian assistance and
crime prevention (paragraph 20).
The
Agreed Conclusions' adoption followed months of advocacy and
negotiation. In a press statement, Michelle Bachelet, Executive
Director of UN Women, stated: 'The Agreed Conclusions are a
testimony to the commitment of Member States to do the right
thing, to prevent and eliminate violence against women and girls.
In the last two weeks during the meeting in New York, and in
the lead-up to this session, we witnessed global engagement
and mobilisation, high-profile advocacy by civil society, and
determined leadership by many Member States. Expectations of
the world's women and girls were extremely high for this session
of the Commission. The document highlights the importance of
putting in place multi-sectoral services for survivors of violence,
including for health, psychological support and counselling,
social support in the short and long term. It draws attention
to the need for services to protect the right to sexual and
reproductive health.'
The
Conclusions' negotiation was not without controversy, however,
as numerous States and civil organisations disagreed over topics
such as access to emergency contraception, abortion and treatment
of sexually transmitted diseases. In a widely-endorsed statement
released during CSW57, the Center for Women's Global Leadership
expressed concern about the possibility of conservative CSW
Member States derailing the process and undermining previous
agreements, conceivably leading the CSW to 'waver in its commitment
to advance women's human rights'. The statement warned that
'[c]ustoms, tradition or religious considerations must not be
tolerated to justify discrimination and violence against women
and girls whether committed by State authorities or non-state
actors.'
Other
participants and observers expressed similar concerns, in light
of several States' objections on the language related to sexual
and reproductive rights. Egypt, in particular, had signalled
its support for language that would allow for a traditional
values exception to implementing the Conclusions, but ultimately
did not block the Agreed Conclusions' adoption. However, another
contentious issue - protection for sex workers - was reportedly
dropped during negotiations. - International Justice Resource
Center (www.ijrcenter.org)
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Michelle
Bachelet's bittersweet hurrah
JUST
a year ago, Michelle Bachelet, Executive Director of UN Women,
lamented member states' failure to produce an outcome document
at CSW56.
'We
have come to an impasse, which is deeply regrettable,' she said
then.
But
this year was a different story.
'People
expected action, and we have no right to let down the world's
women. And we have not failed them,' she said.
'Yes,
we did it!' she added.
'The
room erupted in cheers,' explained Lana Finikin, executive director
of the Sistren Theatre Collective and co-chair of the Latin
America and Caribbean CSW Planning Committee.
'They
opened the door, and the NGOs waiting in the corridors were
celebrating, too,' she told IPS.
Gruelling
negotiations took place for long hours all week. 'On Thursday,
people stayed until five in the morning,' said Finikin, who
is also a member of the Jamaican government delegation.
The
moment, however, was bittersweet. Bachelet announced in the
same speech that she was stepping down from her post, to return
to Chile.
'It
has been an honour and a privilege to be part of this historical
moment with all of you,' said Bachelet, as rumours of a presidential
run swirled.
When
Bachelet finished her announcement, 'the room melted', said
Finikin, who attributed much of CSW57's success to Bachelet's
leadership.
'During
long negotiations, Bachelet would walk into conference rooms,
and it would liven up,' she explained. 'People become more productive
when she was there.'
Secretary-General
Ban Ki-moon said, 'Michelle Bachelet was the right person in
the right job at the right time. Her drive and compassion enabled
her to mobilise and make a difference for millions of people
across the world.'
Mavic
Cabrera-Balleza of GNWP told IPS, 'The big question now is:
who will replace her? I sincerely hope that the voices of women
will be heard in the selection process.' - IPS
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*Third
World Resurgence No. 271/272, Mar/Apr 2013, pp 47-49