ICTJ In Focus 59 August 2016

In Focus A Close-up Look at the Fight Against Impunity in the DRCColonel Muntazini serves as the focal point for cooperation between the ICC and the military justice system of the DRC, making him ideally placed to explain the practical implications of complementarity. Read his review of our Handbook on Complementarity and discover how it applies to his country and his work. Read More… SUBSCRIBE Forward to a Friend Do you know someone that may be interested in the ICTJ newsletter? View Newsletter Archive Other News Barcelona Course Examines a Responsive Approach to Justice and PeacebuildingThis summer, our Intensive Course on Transitional Justice and Peace Processes brought experts from around the world together in Barcelona to examine how transitional mechanisms can be integrated into peace negotiations. Read about the course and watch interviews with our experts. Read More… Tunisian Activists Oppose Law That Would Grant Amnesty to CorruptionTunisian activists have taken to the streets this month to protest the proposed Economic Reconciliation Law recently revived in parliament. If approved, the bill would offer a path for corrupt Ben Ali-era officials and business people to legalize their stolen assets and secure a form of amnesty. Read More… Publications Handbook on ComplementarityThis handbook explores the intricacies of “complementarity,” a fundamental principle of the International Criminal Court. It lays out the interconnected relationship between the ICC and national court systems in the global fight against impunity in a straightforward manner, designed for us by non-specialists, journalists and activists. View Report Education and Transitional Justice: Opportunities and Challenges for PeacebuildingThis report, part of a joint research project by ICTJ and UNICEF on the intersections of education, transitional justice, and peacebuilding, explores how a transitional justice framework can help to identify educational deficits relating to the logic of past conflict and/or repression and inform the reconstruction of the education sector. View Report More Publications

By Christine Khamis

Impunity Watch Special Features Editor

Discrimination and violence against women, despite international mechanisms to eradicate such treatment, are startlingly common in many states throughout the world.

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), an international treaty adopted by the United Nations General Assembly in 1979, has ushered along marked success in fighting discrimination and violence against women worldwide.

CEDAW has ensured many successes in the battle against violent and discriminatory practices toward women, and has helped to develop institutions that work to decrease those practices in many states.

CEDAW’s successes are in part due to the treaty’s own structure in that periodic report submissions to the treaty’s Committee help increase state accountability. CEDAW’s successes are also due to the efforts of government bodies and various non-governmental organizations (NGOs) in states.

NGOs often serve a crucial role in how much effort states out toward eliminating violence and discrimination against women. They act as advocacy networks in many states, monitoring the actions of governments and issuing shadow reports to the United Nations CEDAW Committee.

Many critics of CEDAW’s progress, however, say that the change borne from the treaty is not revolutionary enough. There are numerous and differing challenges that factor in to the enforcement of CEDAW in each state.

Of all international treaties, CEDAW has the highest number of reservations submitted by party states. Many state parties to CEDAW have taken reservations to the treaty, citing cultural and religious factors that condition their ratification of and commitment to CEDAW. Cultural practices and regional differences within states themselves may also hamper states’ efforts to eliminate violence and discrimination against women.

Additionally, the disparity between national and local or regional governments in many states often makes enforcement of anti-discrimination and anti-violence laws and norms difficult.

Finally, perhaps the most significant impediment to the progress of international law mechanisms like CEDAW is that a large percentage of women in many states are simply unaware of their rights under the treaty.

There are also regional efforts at eradicating violence and discrimination against women, including bodies such as the African Union and the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. Bodies such as these have achieved some limited success.

Despite the advancements made in many states as part of their commitment under CEDAW to eliminate discrimination and violence against women, there is still much progress to be made.

The following global report highlights some of the most prominent and current examples of discrimination and violence facing women in each region of the world, as well as progress made by certain states.

Asia Pacific

In Myanmar, the government has been criticized by watchdog groups, such as Amnesty International and Human Rights Watch, who claim that it has failed to respond to serious human rights violations against women. Myanmar’s laws restricting Buddhist women from marrying outside their faith and imposing birth spacing schedules have also been denounced.

Women of the Rohingya ethnicity, a ethnic minority persecuted in Myanmar, could be the most adversely affected, as they already face legal norms preventing them from having more than a certain number of children.

Despite Myanmar having a new democratic government run by recently elected leader Daw Aung San Sun Kyi, women still experience a great deal of discrimination and domestic and sexual violence. Many international advocates of the rights of women hope that treatment of women in Myanmar will become more progressive as the new political structure continues to develop.

In Pakistan, there are high rates of domestic violence and other forms of violence against women. Honor killings are a present concern in Pakistan. Such killings most often occur within the family, a punishment for women who have dishonored the family name or who have committed other supposed offenses. In June of this year, a 16 year-old girl was set on fire by her parents for marrying against their will and a school teacher was burned alive after turning down a marriage proposal. From January through May 2016, there were 212 honor killings in Pakistan, including the highly publicized honor killing of Pakistani social media star Qandeel Baloch.

The killing of Ms. Baloch appears to have renewed Pakistan’s commitment to passing national legislation prohibiting honor killings, and a previously drafted bill will be presented before Pakistan’s Parliament later this month.

Although Pakistan ratified CEDAW in 1996, its commitment to preventing honor killings has been questioned by human rights organizations. Amnesty International, for example, has criticized the state for its failure to adequately investigate and prosecute such offenses.

Punjab Province in Pakistan has also made some advances in decreasing violence against women, such a law criminalizing violence against women and an online database that will include statistical data on the status of women in the province.

South America

In Argentina, one woman has been murdered every 37 hours during 2016, according to women’s rights group Casa del Encuentro. In 40 different cases, the victims had previously reported attacks by men. Some of the victims even had restraining orders against the men who killed them. There has been much public condemnation of the murder rates in Argentina, and citizens have held public protests and rallies across the country.

Argentina’s President, Mauricio Macri, announced a national plan last month which focuses on eliminating violence against women. The National Plan for the Eradication of Violence against Women is Argentina’s response to the need to “banish the cultural practices that normalize violence against women”, according to Macri. The comprehensive plan includes strategies such as equality education, a network of refuges for women, and electronic tagging of violent offenders against women.

In Brazil, a woman is killed every two hours and assaulted every 15 seconds, reports a nonprofit group, Mapa da Violencia.

Violence against women has increased rapidly in a northern state in Brazil, Rio Grande do Norte, at a rate of 39% in four years. Police and courts generally are not responsive to the pleas of women and their families for restraining orders against violent husbands, and as a result, those women are often later killed by the same men.

While Brazil does have laws in place against gender-based homicides and violence, the laws have not effectively decreased the rates of violence in certain regions. Violence stemming from gangs and drug cartels exacerbates the problem. There are also few shelters for battered women in some regions.

There have been improvements to Brazil’s social policies toward woman generally, however. There are more women in the workplace than ever, and women have access to advanced education and employment opportunities.

Middle East

In the aftermath of the recent military coup attempt in Turkey, anti-women sentiment and violence against women has increased. Women related to soldiers involved in the attempt were viewed as spoils of the military’s defeat by some. The term of the AKP, Turkey’s ruling political party, seems to have ushered in a new wave of discrimination and violence against women.

Women were previously legally protected in many ways in Turkey, but laws protecting them have been interpreted more loosely since the AKP’s rise to power. Abortion, for example, is legal in Turkey, but women face many impediments to actually getting the procedure done. Additionally, women who seek police protection from violent spouses are often physically forced to return to their homes. In 2015, at least 284 women were murdered.

In Saudi Arabia, a state that has made advances in ensuring more rights for women in recent years, a restrictive guardianship system has remained in place. Women are required to have male guardians who have veto power over choices such as attending certain schools, getting married, and traveling.

Some women are even required to get guardian consent before obtaining healthcare services or working. Those physically or sexually abused by their legal guardians have few legal protections.

Africa

The African Union has demonstrated awareness of discrimination and violence against women – one issue in the spotlight this year is the legalization of safe abortions. In January 2016, the African Commission on Human and People’s Rights (ACHPR) called for the decriminalization of abortion throughout Africa.

The African Union also produced the Maputo Protocol in 2005, which outlines women’s right to safe abortions in instances of sexual assault, rape, incest, and when the pregnancy poses a threat to the life of the mother or the fetus. As of today, 34 African countries have signed the protocol, but efforts at enforcing the protocol are limited thus far.

In Morrocco, a country which ranks among the worst offenders when it comes to gender equality, Amnesty International has begun to train women’s rights groups, activists, and lawyers on informing women of their rights under international law. As stated, women in many states do not know that there are mechanisms like CEDAW in place to protect their rights.

Additionally, Morocco’s House of Representatives adopted a draft bill last month which forbids gender-based discrimination, affords greater legal protections to battered women, and criminalizes violence against women, among other provisions.

In Sudan, one of only six states in the world who have not ratified CEDAW, sexual violence has been a perpetual issue throughout the Darfur conflict, which has lasted over twelve years. Sexual violence against women is particularly common during attacks on villages and displaced people in Darfur. It is also incredibly difficult to monitor crimes perpetrated by soldiers or pro-government militia.

In addition, there is great stigma associated with rape in Sudan and some women are even charged with adultery or other immoral acts after reporting rapes to police. As a result, many women and their families keep incidences of sexual violence a secret.

The poor explanation of evidence standards for proving rape and lax punishments for such crimes in Article 149 of Sudan’s criminal law only serves to increase the underreporting of sexual violence.

Dr. Nur El Sadig, a womens’ rights defender in Sudan, also states that Sudan’s government has shut down organizations monitoring and following up on instances of sexual violence and offering aid to victims. Dr. El Sadig believes that the sexual violence in Sudan will not decrease until President Omar Al Bashir’s rule ends.

North America

In the United States, the prevalence of sexual assault and rape continue to be urgent social issues, especially on college campuses.

The Violence Against Women Act (VAWA) was enacted in 1994 and has ensured some progress in the fight to eliminate violence against women. VAWA was reauthorized in 2013 to include protections for indigenous women, who have historically experienced drastically higher rates of sexual assault and rape than other women in the nation.

The United States is another of the few states that have not ratified CEDAW. President Jimmy Carter signed the treaty in 1980, yet Congress never passed the treaty obligations into law. The Obama administration has supported ratification of CEDAW, but a majority vote in the Senate approving the ratification has not yet occurred.

However, some cities in the United States have committed to fulfill the objectives of CEDAW even without its being passed into law at the national level. San Francisco, California passed a CEDAW ordinance in 1998 that established a Department on the Status of women and worked to eliminate gender discrimination in the city. Los Angeles and Berkeley, California also passed their own CEDAW ordinance, and Portland, Oregon followed suit.

The 2016 Democratic platform has proposed an amendment to the United States Constitution passing the Equal Rights Amendment, which was passed by Congress in 1972 but never ratified by the required number of states. The Democratic platform has also called for the United States to ratify CEDAW.

In Mexico, the government issued a “gender alert” in 2015 that assured citizens that emergency measures would be taken to decrease the high rates of violence against women in many regions. The alert promised measures such as a creation of a special prosecutor’s office to address gender-related crimes as well as the establishment of shelters for battered women.

The number of women killed every year because of their gender has continued to increase every year in Mexico. In 2015, there were 59 women killed at least in part due to their gender, and 39 women were murdered during the time period of January through May 2016.

Australia/Oceania

In Australia, rates of violence against women are fairly heightened. Recent statistics show that at least one woman is killed a week by a partner or former partner. Younger women, women with disabilities, and indigenous women are particularly vulnerable to violent acts.

In New Zealand, some have criticized the state’s recent periodic report submission to the CEDAW Committee, primarily because of laws which hamper safe abortion procedures. New Zealand’s Crimes Act of 1961 and Contraception, Sterlization and Abortion Act of 1977 mandate that abortion is legal only when two doctors agree that the procedure is necessary. Women who have been raped are not legally able to obtain an abortion under the laws.

Europe

In Russia, gender stereotypes factor in prominently to its laws and domestic policies. Russia has retained its legislation listing banned occupations for women, enacted during President Vladimir Putin’s first year in office and last passed as a resolution in 2000. The legislation has been amended slightly only a few times.

The list of banned occupations includes 38 branches of industry and over 450 occupations that are considered too arduous for women and their health, especially their reproductive health.

Russia is a party to CEDAW, and the CEDAW Committee has called on the state to amend and shorten the list of banned occupations, as well as to enforce safe working conditions for women in all industries with its legislation and offer equal protection for the reproductive rights of both men and women.

In Germany, the rate of sexual assaults and rapes has sharply increased, coinciding with the influx of migrants into the country. Critics have accused Germany’s government of underreporting the statistics regarding sexual crimes by migrants in order to quell anti-migrant public sentiments.

Theresa May, Prime Minister of the United Kingdom, has come under fire by the Scottish Nationalist political party for declining to ratify a regional human rights treaty focused on the prevention of violence against women and domestic violence.

The Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, was opened for signature in 2011 and has been ratified by ten states at this time.

 

For more information, please see:

All Africa – Sudan: Activists Encourage Darfuri Women to Prevent Rapes – 22 July 2016

Amnesty International – Professionals Are Taking a Stand to Stop Violence and Discrimination Against Women in Morocco – 14 January 2016

Cities for CEDAW – It’s About Time. Women Can’t Wait Any Longer  –  Accessed 3 August 2016

The Dominion Post– 1960s Abortion Law Unacceptable for 21st Century Women of New Zealand – 5 July 2016

The Gatestone Institute International Policy Council – Germany: Migrant Rape Crisis Worsens – 5 March 2016

Morocco World News – Morocco’s Lower House Adopts Draft Law on Violence Against Women – 21 July 2016

The Myanmar Times – As Myanmar Comes Under CEDAW review, rights groups present Legacy of Stigma, Victim-Blaming – 8 July 2016

The New American – Democratic Platform Proposes Two Constitutional Amendments and UN Treaty Ratification – 28 July 2016

The News – Much Awaited Law Against Honour Killing Evolves Consensus – 24 July 2016

The New Times – Africa: Good Policy Frameworks for Women’s Rights Must Be Fully Implemented – 5 July 2016

Newsweek – Saudi Women Have Had Enough of Men Saying No – 31 July 2016

The New York Times – Qandeel Baloch, Pakistani Social Media Celebrity, Dead in Apparent Honor Killing – 16 July 2016

NPR – For Brazil’s Women, Laws Are Not Enough to Deter Rampant Violence – 24 July 2016

Our Watch – Understanding Violence: Facts and Figures – Accessed 28 July 2016

The Parliament Magazine – EU Cannot Stay Silent on Rampant Honour Killings in Pakistan – 9 June 2016

Public Radio International – Women Are Being Silenced in Turkey’s Crackdown – 19 July 2016

Radio Free Europe – Barred From Hundreds of Occupations in Russia, a Few Women Fight Back – 17 April 2016

Rudaw – Violence Against Women Increases in Post-Coup Turkey – 23 July 2016

The Telegraph – Argentina’s President Announces Plan to Fight Violence Against Women – 27 July 2016

Tribal Court Clearinghouse – The Violence Against Women Act – Accessed 1 August 2016

United Nations Entity For Gender Equality and the Empowerment of Women – Convention on the Elimination of All Forms of Discrimination Against Women – Accessed 26 July 2016

United Nations Human Rights Office of the High Commissionier – Russia’s List of Banned Jobs for Women Violated Women’s Rights, Needs Amending – 15 March 2016

Common Space – UK Condemned for Delay on Ratifying Convention on Tackling Violence Against Women – 22 July 2016

Vice News – Emergency Measures Haven’t Slowed Rising Violence Against Women in Mexico State – 28 July 2016

The White House  – Factsheet: The Violence Against Women Act  – Accessed 2 August 2016

Women’s News Network – Mapping CEDAW Toward Greater Rights for Women: One City At a Time – Accessed 3 August 2016