Transcript Slide 1

An analysis of the work of the committee on the
elimination of discrimination against women:
Focus on cases related to culture, custom,
domestic violence , HIV/AIDS and human
trafficking
By Slyvia Chirawu
National Coordinator
Women and Law In Southern Africa
[email protected]
WHAT IS CEDAW THE TREATY FOR THE RIGHTS
OF WOMEN
 December 18 , 1979 the UN adopted
CEDAW
 Creation of CEDAW the first step in
developing appropriate human rights
language for women
 CEDAW used to incorporate women’s rights
into national constitutions, update or
eliminate discriminatory national laws and
influence court decisions in many countries
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How does CEDAW work?
 Treaty calls on ratifying nations to overcome barriers of
discrimination vs. women in areas of legal rights,
education, employment, health care, politics and finance
 Defines best practices for ensuring basic rights of women
 Domestic laws take precedence
 Countries that have ratified CEDAW use it as basis for
national laws e.g. Uganda, South Africa, Brazil, Australia –
have incorporated treaty provisions in their constitutions
 India developed national guidelines on workplace sexual
assault cases after the Supreme court in a major ruling
found that CEDAW required such protections
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The CEDAW committee
 CEDAW established a committee on the
elimination of discrimination against women
 Committee reviews progress made in
implementing the convention
 Consists of 23 independent experts
nominated by state parties for four year
terms
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Work of the committee
 Reviews reports from individual governments and
assesses implementation at the national levelArticle 19
 State parties required to submit report one year
after ratification and thereafter every four years
 Reports basis for dialogue
 Committee authorised to make general comments
and recommendations
 Article 29- States can refer their disputes to
arbitration by the ICJ. States not bound by this
provision. Can opt out
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Continued….
 CEDAW optional protocol entered into force on the 22nd of
December 2000.
 Empowers individuals or groups to submit petitions directly
to committee but must have exhausted domestic remediescomplaint only on action or inaction of state or state
officials acting in public duties- no private individuals or
institutions
 Committee empowered to investigate grave or systematic
violations of CEDAW
 Ratifying states may opt out of this inquiry procedure
 Civil society ( defined broadly) may file shadow reports
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IMPACT OF CEDAW ON
TRAFFICKING
 UN protocol to prevent , suppress and punish trafficking in
persons especially women and children – The Palermo
protocol- defines trafficking as the recruitment,
transportation, transfer, harbouring or receipt of persons,
by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse
of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of
a person having control over another person, for the
purpose of exploitation. Exploitation shall include at the
minimum , the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude
or the removal or organs
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Trafficking continued….
 Affects every country as one of origin, destination
or transit
 Both domestic and international
 Estimated 600 – 800 thousand victims every year
 Approximately 80 % of victims are women and
children
 50 % of victims are minors
 Third largest and fastest organised crime
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Trafficking continued …..
 Article six – states to take measures to
suppress all forms of trafficking of women
and oppose exploitation of prostitution
 Committee deals with cases of trafficking
through shadow reporting country reports
and enquiries e.g. trafficking in Asia
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Examples from shadow reports and
country reports
 32nd session of CEDAW- January 2005- Gabon and Italy reports
 Franciscans international and UNANIMA international presented
shadow report on trafficking of women and girls in Gabon and Italy
 Co- sponsored a two part series of presentations
 Causes ( fluid international boarders, globalisation, corruption and
transnational crime, poverty and lack of options, patriarchy, lack of
laws) best practices identified ( working with the police and legal
system to criminalise traffickers and not victims, educating young
people, awareness raising, creating job opportunities, reintegration
 Shadow report used for supplementary information and to critique the
governments report
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Examples continued ….
KAZAKHSTAN 37TH session comments from committee
• What were the statistics on trafficking, penalty for the crime and social nets for
vulnerable groups of women
• Plan of action was noted with satisfaction
• Need to ensure adequate human resources
• Statistics were needed on the country of demand e.g. the UAE
• Need to punish the demand side of prostitution
RESPONSE- Commission on trafficking set up , specialised police department set
up, 2005 two year plan to combat trafficking, trafficking of minors in the criminal
code, shelter for victims of trafficking supported by NGOs and international
organisations
Zimbabwe- First report on CEDAW- No specific legislation prohibiting trafficking in
persons. Trafficking is an uncommon occurrence. In view of growing problem,
Zimbabwe might need a specific law. The Committee requested Zim to provide
adequate data in next report on all forms of violence against women including
trafficking
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How CEDAW has helped combat
trafficking of women
 Nepal ratified CEDAW 1991 and in 1993 passed a law to
enforce stricter treatment of individuals accused of
trafficking. Has created a national task force to guide the
government efforts
 Ukraine- Ratified CEDAW in 1990- 1998 designated
trafficking in persons as a criminal offence.
 The Philippines ratified CEDAW in 1981 – has passed
legislation that seeks to prevent prostitution and trafficking
 Thailand- ratified CEDAW in 1985- passed three laws that
address trafficking
 CEDAW has proved to be an effective tool for inspiring and
influencing government and local initiatives.
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IMPACT OF CEDAW ON HIV/AIDS
 No specific article on HIV/AIDS
 Article 10 – states to take steps to eliminate
discrimination in education
 Article 12- eliminate discrimination in the
field of healthcare
 Article 5- elimination of customary and other
practices that are based on inferiority or
superiority of either sex or on stereotyped
roles
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Examples from country reports on
HIV/AIDS
 Zimbabwe report- HIV/AIDS is a serious problem in Zimbabwe.
Multiple jeopardy for women. Rural women mostly disadvantaged
Committee comments and observations
• Zim commended for prohibiting discrimination on grounds of sex,
introduction of gender sensitive training for police and establishment of
VFCs
Committee concerns- continued adherence to customary laws , negative
impact of structural adjustment on health , discriminatory practices
such as lobola, violence vs. women and the then lack of a specific law,
criminalisation of the supply but not the demand side of prostitution,
effect of HIV/AIDS on young women especially in view of PTCT, refusal
by service providers to give family planning to sexually active
adolescents
• Zim urged to increase efforts to combat HIV/AIDS through provision of
services and information
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EXAMPLES ON HIV/AIDS continued
NAMIBIA report
• Women rendered vulnerable to HIV/AIDS through
violence, rape
• Sample test of 3 890 women- 22.3% were positive
Committee concerns:
• Important to prevent HIV infection
• Feminisation of poverty
• Promiscuity among men sanctioned by society
• Early marriages
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Case study
 Hungary – Roma sterilization case
examined by committee
 Andrea Szijjarto case – undergoing surgery
– public hospital – sterilised without
knowledge- lack of informed consent.
 Committee – state hospital authorities
violated right to information – state urged to
provide adequate compensation.
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INFLUENCE OF CEDAW IN
LITIGATION
 H vs. H – marital rape
 Jengwa vs. Jengwa – UCLU – property sharing
 State vs. Godfrey Baloyi – SA- Constitutional courtCEDAW ratification- positive duty on state to eliminate
discrimination vs. women
 Dow v. AG of Botswana- Citizenship – court referred to
CEDAW predecessor- declaration to the elimination of
discrimination vs. women. Citizenship act amended to give
equal rights to men and women with respect to citizenship
of children.
 Dhungana vs. Government of Nepal- SC made reference
to CEDAW – ordered government to introduce bill
addressing discriminatory inheritance laws
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STRENGHTS and WEAKNESSES
OF CEDAW
Strengths
• Reports to committee increase government
accountability
• Shadow reports put governments on the alert
• CEDAW used as basis for national law reform
Weaknesses
• Opt out and reservations dilute influence
• CEDAW not enforceable
• Four year reporting too long
• M and E – lack of
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