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1. VIOLENCE AGAINST WOMEN AND OBSTACLES TO
PARTICIPATION IN PUBLIC LIFE ARE DOMINANT THEMES IN NGO SNAPSHOTS SHADOW
REPORTS TO CEDAW
Women’s and civil society
organizations in Burma/Myanmar, Canada, Ecuador, Kyrgyzstan, Mongolia,
Portugal, Slovenia and Uruguay used the CEDAW space and process to bring onto
the international arena major obstacles confronting women in their respective
countries through the preparation of shadow reports. The purpose of the
shadow report is to provide the CEDAW Committee with information on the
substantive rights outlined in the CEDAW Convention. (Guidelines for writing
a shadow report can be found on the IWRAW Asia-Pacific website at http://www.iwraw-ap.org/using_cedaw/sreport_guidelines.htm.)
Despite the broad
political spectrum of countries reporting, violence against women - in all
its manifestations - was a re-occurring theme throughout all the Shadow
Reports. Obstacles thwarting women’s
participation in the public and political arena were also frequently noted in
the majority of reports.
Because NGO shadow
reports offer unique “snapshots” of women’s issues at community and country
level at a particular point in time, IWTC is presenting a synopsis of shadow
reports presented at the recent CEDAW session held in Geneva 20 October through 7 November 2009. It should be
noted that in some instances, more than one NGO or coalition of NGOs in a
country has prepared a Shadow report.
Information as to where to access the full shadow report is indicated
at the end of each country synopsis.
- Burma/Myanmar
The Women’s League of Burma
expressed concern that no evidence can be found in the Burmese military
regime’s report that it understands either the definition of gender
discrimination or the purpose of CEDAW. Further, none of the country’s laws
have been revised to address direct and indirect discrimination nor have the
principles of CEDAW been incorporated into domestic legislation. Customary
laws, emphasizing women’s roles as child-bearers and homemakers while giving
men greater economic and decision-making power in domestic affairs, are still
utilized in marriage, adoption, property ownership and inheritance cases.
According to the group, the regime publicly supports traditional values and
women’s inferior position in society, describing women’s abilities
as limited. In the conflict zones of eastern Burma, health
services are so limited that almost a quarter of children will die before the
age five and one in twelve women will lose her life as a result of
pregnancy-related causes. The systematic violation of human rights, including
gender-based violence, by the regime in the rural ethnic areas, have driven
many people to become internally displaced, or to flee as refugees and
undocumented migrant workers to neighboring countries. Further, because of
the regime’s failure to acknowledge discrimination and violence against
women, there is a climate of impunity for military rape. There is mounting
evidence of military rape against women and girls. For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/
BURMA_SR_WLB.pdf
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Canada
Canadian
women’s organization’s submitted three shadow reports. A report from women in
British Columbia concluded
that “women in British Columbia are
marginalized and politically disempowered, that women in the province face
increasing social and economic deprivation, and that issues
of women’s equality are erased from the political agenda.” The report asked
the committee to hold the Government of British Columbia accountable for each
of the specific breaches of the convention
and for its failure to implement programs and policies that “have
the goals of changing cultural attitudes and social patterns that foster,
minimize or ignore women’s inequality in British
Columbia.” For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Canada_SR_BC_CEDAW_Group.pdf
The Canadian Feminist Alliance for International Action
(FAFIA) in its report concluded that “Canada is in
violation of the rights set out in the CEDAW
convention.” For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/
Canada_SR_FAFIA.pdf
An additional report
highlighting effect-based discrimination and torture by non-state actors in
the private sphere was submitted by Jeanne Sarson
and Linda MacDonald, members of NGO
Canadian Voice of Women for Peace (VOW). For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Canada_SR_Voice_of_Women_for_Peace.pdf.
- Ecuador
The shadow report by the Latin
American and Caribbean Committee for Defense of Women’s Rights (CLADEM)
highlighted increasing inequity and spirals of violence, which have lead to
increasing violations against women. The report raised concerns regarding women
who have no constitutional guarantees to personal freedom or lives free of
violence; domestic violence; the situation of foreign refugee women and of
migrant women workers; the right to fair participation of women in politics,
socio-cultural stereotypes; state weakness to combat crimes of human
trafficking and sexual exploitation; persistent discrimination against women
in the exercise of their rights to education, employment and health; and
restrictions in the use of emergency contraception. For full report and
recommendations see http://www.iwrawap.org/resources/pdf/42_shadow_reports/Ecuador_SR_CLADEM_
combined_Eng_Spa.pdf
Alternative shadow reports were also prepared by Corporacion Humanas
http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Ecuador_SR_Humanas.pdf
Organizacion
Ecuatoriana de Mujeres Lesbianas - OEML (Spanish) http://www.iwrawap.org/resources/pdf/42_shadow_reports/Ecuador_SR%20_
OEML_Spanish.pdf
- Kyrgyzstan
The shadow report prepared by the Forum of
Women’s NGOs of Kyrgyzstan highlighted the issues of domestic violence and
political participation. In 2003 Kyrgyzstan adopted the Law on Social-Legal Protection from
Domestic Violence of the Kyrgyz Republic to address the problem of
domestic violence. Law enforcement and government officials have however
failed to integrate the law into their work. There are no statistics on
domestic violence but Kyrgyz NGOs, as well as a 2006 Human Rights Watch Study
State Failure to Stop Domestic Abuse
and Abduction of Women in Kyrgyzstan report that domestic violence in the country is
increasing. Forum of Women’s NGOs recent study Monitoring of Violence against Women in all regions of Kyrgyzstan for the period of
September 2006 – May 2007 shows lack of enforcement of the Domestic Violence
Law.
The report further
highlighted the lack women’s political advancement. Lack of women in
decision-making bodies, according to the report, indicates serious problems
in the State’s attitude towards gender equality in political processes. For
full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Kyrgyzstan_SR_%20Forum.pdf
The shadow report submitted by Lesbian, Gay, Bisexual, Transgender Organisation, Labry, focused on the issue of forced
marriages, and violence and prejudice among social institutions, such as
media, civil society and state. The report had a specific focus on the rights
of transgender people who need special attention due to high level of
violence and discrimination against them. For full
report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Kyrgyzstan_SR_Labrys.pdf
The report by Tais Plus
brought attention to the rights of sex workers. For full report see
http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Kyrgyzstan_SR_TaisPlus.pdf
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Mongolia
The
Mongolian shadow report prepared by
representatives of the Coalition of
Mongolian LGBT Rights Activists called for new
laws and legislations that would ensure human rights and dignity for
sexuality minorities. For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Mongolia_SR_Coalition_of_
Mongolian_LGBT_Rights_Activists.pdf
The
parallel shadow report submitted by the Mongolian Gender Equality Center
highlighted two predominant forms of trafficking of women
in Mongolia; sexual exploitation, which includes forced prostitution; and
servile marriages to foreign nationals. For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Mongolia_SR_MGEC.pdf
- Portugal
The Portuguese shadow report,
prepared by the Portuguese Platform for Women’s Rights, emphasized the lack
of visibility of CEDAW despite its status as national law of 30 years, and
urged the government to reinforce partnerships with Women’s Rights NGOs in
order to strengthen the implementation of the convention. The report stated
that although there are no discriminatory laws in place there is a gap
between equality as defined by law and equality in reality. For full report
see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/ShadowReport_42CEDAW_Session_
PORTUGAL_PPDM_final.pdf
- Slovenia
This
shadow report prepared by NGOs and independent experts focused on political
representation of women, violence against women and violence in the family, elimination of
prejudices and stereotypes, implementation of the UN Security Council Resolution
1325, women’s reproductive health and rights, and other areas of economic and
social life. The report concluded that economic and social status of women in
Slovenia is deteriorating.
The lack of women’s representation in decision making bodies with executive
power is especially discouraging. For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Slovenia_SR_combined.pdf.
- Uruguay
In its shadow report CLADEM Uruguay, Mizangas and RUDA emphasized the need for protection
measures for victims of domestic violence and urged the government to modify
existing discriminatory legislation regarding prostitution and trafficking.
The report demanded the State equal
the number of women with that of men in decision-making positions in
executive positions and promote the participation of afro-descendant women in
the political activity and the access to decision-making positions.
For full report see http://www.iwraw-ap.org/resources/pdf/42_shadow_reports/Uruguay_SR_CLADEM_combined_
English_Spanish_with_annex.pdf.
2. USING CEDAW TO MONITOR IMPLEMENTATION OF SCR
1320 AND 1820
Increasingly,
women are using CEDAW to strengthen other international mechanisms. Of particular interest for groups working
on peace and security issues, is the use of CEDAW to monitor action and
accountability on Security Council Resolution SCR 1325 and SCR 1820. In
addition to reference to SCR 1325 in the NGO Shadow Report of Slovenia, in
the concluding remarks recently released of the Committee on the Elimination
of Discrimination Against Women regarding the 12 countries that reported at
the 42nd CEDAW session (Oct 20 to Nov 7, 2008) the committee
referenced UN Security Council Resolution (SCR) 1325 as well as SCR 1820 in
its commentary on Myanmar. It requested that the Myanmar government take account of both
resolutions and encouraged it to “put in place an action plan for the full
implementation of these resolutions. It further recommended that the
government include information on steps taken to eliminate sexual violence in
Myanmar, including the results
achieved, in the next periodic report.
For references to SCR 1325 made in the concluding remarks of the
Committee in previous sessions, please http://www.iwtc.org/cedaw.doc
The full text of
the concluding observations for the reporting countries, Bahrain, Belgium,
Canada, Ecuador, El Salvador, Kyrgyzstan, Madagascar, Mongolia, Myanmar,
Portugal, Slovenia and Uruguay, are
now available at http://www2.ohchr.org/english/bodies/cedaw/cedaws42.htm
3. 43rd AND 44th SESSIONS
The 43rd CEDAW session will be held in Geneva, Switzerland from
January 19 to February 6,
2009. Reporting countries include Armenia, Cameroon, Dominica, Germany, Guatemala, Haiti, Libya Jamahiriya and Rwanda. NGOs are encouraged to submit
shadow reports. The 44th CEDAW session will take place in New York from July 20 to August 7 with
the following countries scheduled to report: Argentina,
Azerbaijan, Denmark, Guinea Bissau, Lao People's Democratic Republic, Japan,
Liberia, Spain, Switzerland, Timor Leste, and
Tuvalu. Please be advised that countries reporting are subject to
change.
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