Report
Thematic briefing on ‘Women and
Armed Conflict’
between the CEDAW Committee and NGOs
43rd
CEDAW session
Geneva, Switzerland
Wednesday
21st January 2009
1:30pm –
2:30pm
Jointly
organised by
the
Women’s International league for Peace and Freedom
International
Women’s Tribune Centre
International
Women’s Rights Action Watch Asia Pacific
Movement
of Indigenous Women Tz´ununija, Guatemala
- Introduction
In
facilitating the participation of women at the international level,
particularly in providing alternative information to the CEDAW Committee, it is
a concern that available information has a limited focus on gendered experiences
of women who are living in conflict affected areas. So far, women’s human
rights violations including sexual and gender based violence, forced
conscription of women, forced displacement, forced detention and disappearances
amongst others, have not been addressed comprehensively. Access to justice,
redress and reparation for these women is limited. Women are not part of the
negotiation of most peace processes and there is a struggle to identify a
framework to draw accountability from the state in fulfilling its obligation in
guaranteeing non-discrimination and substantive equality, which is integral to
the advancement and empowerment of women in conflict affected areas.
Thus, to
further the discourse regarding the protection and promotion of women’s human
rights in situations of conflict, post conflict and in societies in transition,
various national and international women’s rights organizations have engaged
the CEDAW Committee in a process of dialogue in the hope of creating a General
Comment regarding the advancement of women’s human rights in conflict affected
areas. In so doing, it is hoped that this General Comment will act
complimentary to and further the existing Security Council Resolutions 1325 and
1820 addressing women affected by conflict.
- CEDAW
jurisprudence on women and conflict
In order
for a country to attain full development, it requires the participation of
women on equal terms with men. This statement resonates throughout the preamble
of CEDAW and in reference to armed conflict as a key factor impacting upon the
realization of such equality, the preamble of CEDAW provides a strong starting
point for the Committee to address the issue in its Concluding Observations.
Prior to
the adoption of UN Security Council Resolutions 1325 and 1820, the CEDAW
Committee had already begun to make recommendations to individual States
regarding women affected by conflict as follows:
- [13th
session - 1994 – Yugoslavia]: The Committee called on Yugoslavian
women not to remain passive. The Committee expressed the hope that women
would generate the political will needed to bring the conflict to an end;
recognizing that the full participation of women in all aspects relating
to conflict is absolutely necessary.
- [14th
session - 1995 – Croatia]: The Committee recommended that it is
necessary to break the silence on acts of sexual violence against women
and to identify guilty parties and bring them before national and
international courts.
- [15th
session - 1996 – Rwanda]: The Committee requested that training be
undertaken to ensure response to sexual assault, mass rape and systematic
rape.
- [1998
– Azerbaijan]: The Committee regretted that the role of national
machinery was not clear enough to ensure the protection and the full
involvement of women in the development process of the country.
- [2000-India]: The
Committee was concerned about the “risk of high levels of violence, rape,
sexual harassment, humiliation and torture in areas where there are armed
insurrections”, and directed the state party to review terrorism related
legislations and the Armed Forces Special Powers Act in consultation with
NHRIs, to ensure that the special powers given to security forces does not
prevent their prosecution for the violations committed. It also
recommended that women’s participation in peace processes be ensured.
- Case
study -
Guatemala
The case
of Guatemala identifies some of the roles assigned to women in the time of conflict
and the impacts, more generally, upon those women affected by the conflict of
Guatemala.
During
the period of conflict women primarily fulfilled roles as combatants, mostly in
the capacity of messengers for guerilla groups; and as representatives for the
army where they were hired as ‘beauty queens’ for army events and as dancers
for army personnel.
The main
human rights violations suffered by these women during this time included
sexual violations, arbitrary executions, torture, forced displacement, death
due to displacement, forced disappearance, forced prostitution and as victims
of a scorched earth strategy. Eighty-eight per cent of sexual violence victims
were women belonging to the indigenous Maya community and were specifically
targeted on the basis of their ethnicity and low socio-economic status. Women
victims of this sexual violence were targeted in their communities, in
displacement, in areas of refuge, in mountains after being captured, in forced
marital relations, in collective detentions in religious buildings, during
house searches and in other areas with specific military and paramilitary
presence. Eighty-nine per cent of perpetrators were reportedly army members.
Documentation of this violence has revealed that the acts of sexual violence
were systematically planned, complete with the purpose of leaving behind
evidence such as weapons as a means of intimidation, and that deliberate
cruelty was inflicted on deceased women with the usage of arms as a tool in
committing these acts of sexual violence. Following this, victims of sexual
violence did not recognize these acts as a violation and expressed such acts in
euphemistic terms such as ‘being used’, or having been ‘passed by’, similar to
those used by perpetrating combatants.
The
conflict in Guatemala ended 10 years ago yet still there is no mechanism
installed by the state to provide reparation, in particular psycho-social care,
for victims. Additionally, there is a lack in holding perpetrators of human
rights violations accountable and so impunity continues and women’s human
rights remain violated and without course for redress.
- UN
Security Council Resolutions 1325 and 1820
CEDAW
and the UN Security Council Resolutions (UNSCR) 1325 and 1820 are individually
important in recognizing women’s human rights, especially where affected by
conflict. Despite this, while UNSCR 1325 is potentially strong, it remains
broad and vague in certain areas. There currently exists no monitoring
mechanism, there are no stipulations regarding timeliness, and it is thus
difficult for state parties to implement action plans accordingly. The UNSCR
could strengthen its focus on women in conflict by creating a working group on
the topic and creating special envoys to focus on women. More specifically
however, UNSCR 1325 and 1820 could be used in conjunction with CEDAW to more
effectively implement the Resolutions, and to underscore CEDAW’s relevance to
women affected by conflict. In this regard, these instruments can combined be
used to leverage women’s human rights.
As it
presently stands, CEDAW shares a common agenda with both UNSCR 1325 and 1820 on
the following points:
- The
demand for women’s participation in decision making at all levels.
- The
rejection of violence against women.
- The
equality of women and men through the rule of law.
- The
protection of women and girls through the rule of law.
- The
demand on security forces and systems to protect women and girls from
gender based violence.
- The
recognition of the distinctive burden of systematic discrimination.
- The
assurance that women’s experiences, needs and perspectives are
incorporated into the political, legal and social decisions that determine
the achievement of just and lasting peace.
- Elements of the proposed General Comment on
Women and Armed Conflict
The
greatest challenge to addressing violations suffered by women affected by
conflict continues to be a complete absence of a framework within which to make
claims, especially when conflict is the most used reason for non-conformity to
obligations under Conventions.
The
previous work of the CEDAW Committee in its Concluding Observations would
provide a key basis for identifying elements for a General Comment. It is
important that greater emphasis is given to these recommendations however,
ensuring that they are not lost within the overall Concluding Observations of
the Committee. Further, the Committee should also build on its earlier work
wherein it has expanded the ambit of “conflict”, to include internal
disturbances and armed insurrections.
At the
same time, caution need be taken in drawing attention to women’s experiences
whereby women are often exposed to talking of their experiences without
recourse to justice. Attention also needs to be given to the automatic shift in
priorities of the State post-conflict where survival mechanisms are largely
prioritized over justice mechanisms. In light of this, a General Comment would
do well to provide guidelines to the State advising them on how to use their
own machineries and how to ensure the participation of women within the
designing and rebuilding processes arising out of conflict situations.
- Refugee
and Internally Displaced Women
Special
awareness is needed for refugee and internally displaced women. These women are
insufficiently protected and are even targeted by those officials who should be
providing their protection.
It was
shared by some of the Committee members present that CEDAW will focus on the
situation of refugee and internally displaced women in the next session in New
York. Discussions will be held with representatives from the Office of the
United Nations High Commissioner for Refugees (UNHCR).
- Imprisoned
women
Women
who are held imprisoned in countries affected by conflict are even more
vulnerable to victimization. Reports are multifold from ongoing sexual
violence, torture and disappearance.
- Current
violence in Gaza
These
discussions about women in conflict are made urgent by current events such as
the violence in Gaza. The majority of the 1,400 reported dead and 5,000 wounded
comprise women and children. The area is a lack of water, food, medicine and
shelter and women are reported to be delivering babies without any assistance.
This serves to highlight the practical, as well as thematic issues that need be
addressed in areas affected by conflict.
The
CEDAW Committee could address a statement to the Human Rights Council concerning
the special focus on the needs of women as an interim measure in addressing the
ongoing violence in Gaza.
- Moving
Forward
UNSCR
1325 and 1820 have been noted as having the potential for providing justice to
women affected by armed conflict, but in their current form are too broad in
the absence of monitoring mechanisms, benchmarks and timelines. A General
Comment by the CEDAW Committee could strengthen the implementation of UNSCR
1325 and 1820.
It was
proposed that perhaps a General Statement could be adopted by the Committee, as
a precursor to the General Comment; given that much more work needs to be done
by the Committee on women in armed conflict. It was countered that while there
remains much area for improvement, the CEDAW Committee has done more than any
body in the United Nations for the improvement of the situation of women in
conflict, especially at the domestic level and it remains the main treaty body
able to draft a legal framework in which the issues facing women affected by
conflict can be addressed.
It was
noted that NGOs have used different approached in working on this issue such as
lobbying the UN Security Council for a mechanism that monitors the
implementation of UNSCR 325 (including the setting up of a Working Group on women
and armed conflict) as well as lobbying for the appointment of a Special
Representative on Women and Armed Conflict.
However,
given the vast ownership that the national groups have of the Convention,
Committee and its work, it was essential that the Committee works on the
General Comment. This would provide the much needed legal framework and
instrument for groups to seek accountability from state parties in their
domestic realities.
Whilst
the aim remains for the Committee to issue a General Comment on women affected
by conflict, the Committee may choose to consider issuing a Statement as an
interim step, encouraging the elaboration of UNSCR 1325 and 1820 to include a
monitoring mechanism.
Discussion
surrounding this proposal of a General Comment relating to women affected by
conflict shall continue in the CEDAW-UNHCR Session in New York in July 2009.
Contact information:
Women’s
International league for Peace and Freedom: susi.snyder@wilpf.ch
International
Women’s Tribune Centre: mavic@iwtc.org
International
Women’s Rights Action Watch Asia Pacific: iwraw-ap@iwraw-ap.org
Movement
of Indigenous Women Tz´ununija, Guatemala: mujeresindigenastzununija@gmail.com