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POLITICAL TRANSITION FROM A HUMAN RIGHTS PERSPECTIVE - WOMEN, DRIVERS OF TRANSITIONS

Direct Link to Full 32-Page 2013 FIDH Report:

http://www.fidh.org/IMG/pdf/fidh_forum_istambul_en_2013.pdf

CHAPTER II - WOMEN, DRIVERS OF TRANSITIONS

II. Women, Drivers of Transitions

If women played a key role in revolutions or the Arab Spring, the degree of public recognition of this role varied largely according to the conservatism of the societies of the countries of the region. Steadily, the demands of women in these revolutions were expressed in two ways: equality for all and the development of their own rights to full citizenship. If the claims of women in the development of their own rights have mostly not been completed, so far there is an undeniable historical movement: the issue of women’s rights is now central in each society of the countries marked by these revolutions.

In Tunisia, women played a key role in the revolution, but the authorities wished to limit their rights. The inclusion of at least 50 percent women candidates in parliamentary elections should be welcomed. However, the resistance to an egalitarian representation remains very strong. Furthermore, a campaign took shape against the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Some women participated by challenging the right to abortion and the provisions of CEDAW limiting the possibility for children to marry and prohibiting forced marriages.

Generally, participation of women in the peace negotiations and the transition processes remain limited. Thus, for example, women have a reduced role in the peace negotiations in Turkey. However, the participation of women in peace processes is essential in order that issues relating to the distribution of power, as well as the legacy of the war, including sexual violence in armed conflicts, also be addressed.

In Guatemala, the recent trial of former dictator Rios Montt has enabled female victims of sexual violence to break the silence that has weighed on this for thirty (30) years. Thus, they have been able for the first time to express themselves before the judges, but also for many of them before their own families. Many other women found the testimonies very similar to what they had experienced themselves. The participation of victims in this historic trial has shown that access to justice for indigenous women is possible.

Women’s representation in political bodies of their country is essential to allow a democratic transition, taking into account the protection of women’s rights. The threshold of 30% generally proposed as the minimum cannot be considered as sufficient. Some so-called democratic countries unfortunately have little lessons to give on the subject. How to confront attempts led by conservative forces to limit women’s rights?

In Ireland, it should be remembered that the divorce was introduced less than 20 years ago, amid strong resistance. Today, it is largely accepted. The issue of abortion continues to polarise the Irish society. Civil society organizations, including those that defend women’s rights, have made great efforts to raise awareness, challenging the perceptions of “anti-choice” groups and the Catholic Church. But it is the judgements of the European Court on human rights which have assisted really in advancing reforms. On some issues, such as trafficking and prostitution, alliances between organisations defending human rights and religious groups have been forged.

Thus, FIDH should:

Continue to call on states to take the necessary institutional, political and cultural measures to promote the participation of women in public life in general, and, in particular, in the processes and institutions of transition.

Continue to call on states in transition to take constitutional and legislative measures to guarantee equality between men and women and the protection of their rights under international and regional human rights instruments.

Contribute to the participation of women in the processes of prevention and settlement of conflicts and the implementation of the entire Resolution 1325 of the UN Security Council and subsequent follow-up resolutions.

Strengthen its activities concerning the access of women to justice and the use of judicial and quasi-judicial redress mechanisms so as to enforce women’s rights.

Strengthen its action in the fight against impunity of the perpetrators of sexual crimes.

The organisations defending human rights, and in particular FIDH and its members, should ensure equal representation between men and women in their decision making bodies.

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At a time when the rights of women are being threatened by regression in many countries, FIDH recalls the universality and indivisibility of human rights. Women have equal rights in all domains, including the right to participate in the social, cultural, economic and political life of their country, as well as in peace and reconciliation processes. FIDH calls on States to take all necessary institutional, political and cultural reforms and measures to promote equal participation of women in public life and to abolish restrictive family law. FIDH recalls women have the right to access to all services and means enabling to control their own fertility.

Freedom of expression is a fundamental right guaranteed by all the international and regional instruments on the protection of human rights. It can only be restricted by law, under explicitly stipulated conditions, and interpreted in a controlled manner. In this vein, FIDH notes that inciting hatred, in certain circumstances, may constitute an international crime, as set out in the Statute of the International Criminal Court (ICC). New Information and Communication technologies are important means that should be protected from abusive restrictions.