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Asia Pacific NGO Consultation with the UN Special Rapporteur on Violence Against Women, Dr Yakin Erturk[1] 11 – 12 September 2006, Ulaanbaatar, Mongolia
35 women from 22 countries around the region, including Afghanistan, Australia, Bangladesh, Burma, China, Cook Islands, Fiji, India, Iran, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Korea, Mongolia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand, Turkey, Russia, gathered in Ulaanbaatar, Mongolia on 11 -12 September to dialogue with the UN Special Rapporteur on Violence Against Women (UNSRVAW), Dr Yakin Erturk, on the topic of “Culture and Violence Against Women in Asia Pacific”. The focus of this year’s Consultation on “Culture and VAW” responded to the theme of the elected topic of the UNSRVAW’s next annual report to the Human Rights Council (2007). It also reflected APWLD’s own articulation of ‘culture’ as a critical issue necessary to deepen our understanding and approach to women’s human rights and in addressing violence against women in the Asia Pacific region. The Consultation provided an opportunity for women’s groups from the Asia Pacific region to inform the Special Rapporteur of the critical issues relating to Culture and VAW in the region as well as inform the Special Rapporteur’s articulation of the scope of women’s rights based on the local and national experiences of women in Asia Pacific. Specifically it aimed to understand and articulate how despite the fluidity and contestability of cultural norms, oppressive elements of culture (which invariable reflect and reinforce patriarchal power relations) gain dominant representation. The Consultation sought to strategise how a women’s human rights agenda can be advanced in this context, providing effective strategies for both the women’s movement in Asia Pacific and for the UNSRVAW for inclusion in her recommendations for States and other actors. The first day of the Consultation aimed to map the inter-linkages between culture and violations of women’s human rights in Asia Pacific[2]. It began by shaping a more nuanced understanding of culture distinguishing culture from religion and understanding culture as a system of assigned meanings which are dynamic and fluid. The discussions stressed the importance of going beyond identifying bad cultural practices and instead trying to understand culture as a whole. Culture is about structures of power. It has been used a political tool and therefore as a tool for exclusion, and for a process of ‘othering’. One of the main challenges we face is to not start identifying bad and good parts of culture but reframe the way we talk about culture to reflect the roles of women as the movers and shapers of culture. Different ways of reframing and reformulating the discourse on culture should include: not falling into the trap of essentialising culture but rather recognising its fluidity and diversity; not dichotomizing group rights and individual rights but instead recognizing that individual rights are necessary in establishing rules and ordering within collectives; recognising women as the agents of culture and challengers of patriarchy rather than victims of culture; further, we need to create a third space for women outside of this dichotomy (binary). The discussions also stressed the importance of remembering and addressing the consequences of carrying this out. As we challenge our cultures from within (as women human right defenders) we face serious risks, including the risk of silencing. The responsibility of the movement includes building a solidarity network. The second day of the Consultation focused on strategies for addressing harmful cultural paradigms through engaging with international, state and non-state actors as well as through adopting strategies/approaches within own organisations and movements. The discussions built on the understandings/approaches which emerged from the first day particularly for the support for the on-going efforts of women themselves to “negotiate their identities” within their cultures and communities. Some specific presentations were given of strategies to address culture and violence against women through law, through community engagement and through engaging with community, particularly traditional leaders of communities. This was followed by a session aimed at articulating strategies/recommendations for the UN Special Rapporteur’s report, for our organisations and for the movement. A comprehensive report of the Consultation is currently being prepared and will be available on 1 November 2006. The Consultation was organised by Asia Pacific Forum on Women, Law and Development (APWLD) in collaboration with National Centre Against Violence Mongolia (NCAV). For further information please contact Lisa Pusey at lisa@apwld.org [1] The UN Special Rapporteur on Freedom of Religion or Belief, Dr Asma Jahangir, was also scheduled to attend to Consultation however was finally unable to attend. [2] Summary taken from the synthesis given by Kamala Chandrakirana (Komnas Perempuan, Indonesia) at the end of the first day of the Consultation.
‘Culture and Violence Against Women in Asia Pacific’ 11 - 12 September 2006, Ulaanbaatar, Mongolia CONCEPT NOTE Background The Consultations focus on discussions around the elected topic of the UNSRVAW’s forthcoming annual report to the UN Human Rights Council and on critical and emerging issues related to violence against women (VAW) in the Asia-Pacific region. The Consultations provide an opportunity for women’s groups from the Asia Pacific region to inform the Special Rapporteur of the violations of women’s rights occurring in the region, as well as inform the Special Rapporteur’s articulation of the scope of women’s rights, based on the local and national experiences of women in the Asia Pacific. Dr Asma Jahangir, Special Rapporteur on Freedom of Religion or Belief - an important partner in strengthening a women’s human rights agenda - will be participating in this years Consultation also. The intent of this dialogue, is to bring selected representatives from NGO's, face-to-face with identified Special Rapporteurs and Experts, and to have constructive discussions on the identified issues from a cross-sectoral perspective. The clash between religious or cultural autonomy and gender equality is a pervasive problem around the globe. In many parts of Asia Pacific, particular cultural practices and values (of which religion is one aspect) continue to prevail over universal standards of gender equality. Discriminatory practices including violence against women avoid national and international scrutiny because they are seen as cultural practices which thus deserve tolerance and respect. Claims of immunity from universal standards of gender equality on the grounds of cultural or religious freedom are perhaps the most retractable aspect of the conflict between culture and religion and human rights doctrine. It is with regard to women’s rights, those rights that affect the practices in the family and the community, that the argument of cultural relativism is used most frequently. Discriminatory patriarchal values and beliefs are frequently enshrined (or purportedly enshrined) in the dominant cultural values and practices of a community. This is exemplified by the justification given for cultural practices that are harmful to women such as violence and killings in the name of “honour”, FGM, the gendered caste discrimination and violence perpetrated against Dalit women in India and Nepal that is allegedly justified by the customary caste system. Despite the fluidity and contestability of cultural norms, where specific cultural practices conflict with international human rights standards, those in defence of their cultural values/practices draw upon a perspective of culture as a static and homogenous system of which international human rights norms are in direct conflict. This intractable definition of a culture armors it against evolving with changes in international norms such as gender equality and denies women agency and a voice in changing and shaping culture. Arguably, the construction of culture within the human rights framework itself defines culture in this same static way thereby denying the possibility of progressive voices within culture and perpetuating this incompatibility between culture on the one hand and WHR on the other. Under international law, it is clear that States cannot ‘invoke custom, tradition, or religious considerations to avoid their obligations with respect to the elimination of discrimination against women’ (Article 4, DEVAW). Rather, the State is obliged to change the attitudes and behaviours that perpetuate the violence (CEDAW and ICCPR). Despite this, culture (of which religion is one aspect and frequently the less amenable to change) are politicised in many parts of Asia Pacific and are used by individuals, communities and governments alike to condone violence against women, and to justify inaction in bringing perpetrators to justice and ensuring appropriate remedies for the survivors of violence against women. In the name of culture, women’s human rights are undermined. In this region, the forces of globalisation are further driving the contraction of culture into a monolithic unchanging force. Since September 11 this has been made worse by the policies adopted by many groups and societies that feel threatened and under attack. Women’s rights are pitted against cultural rights and values and in this battle women’s human rights lose out. Furthermore, women are denied their right to interpret and influence culture as the bearers of cultural rights. The more a community feels threatened by internal instability or external domination the less likely it will be tolerant of dissent and change. Thus women who assert their rights are often seen to be acting against their culture and community, and often forced to choose between their community and their right to be free from violence. The Consultation will seek to understand how despite the fluidity and contestability of cultural norms, oppressive elements of culture (which invariably reflect and reinforce patriarchal power relations) gain dominant representation. The Consultation will seek to strategise how a women's human rights agenda can be advanced in this context. How do we challenge the hegemony of voices that represent culture and rather give voice and strength to the contention and plurality of culture? How can we shift the human rights framework’s construction of culture which defines and protects culture as static and denies progressive values and change within traditional cultures? How can we promote the compatibility of cultural rights and WHRs rather than the dichotomy and competition between cultural rights on the one hand and WHR norms on the other? Good practices in which harmful cultural paradigms can be challenged through dialogue, reinterpretation and transformation from within will also be examined. Objectives
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