Asia
Pacific NGO Forum: BPFA +10
Recommendations from the Workshop Organised by IWRAW Asia Pacific
“How to Use the CEDAW Reporting Process: Linking Efforts
for the Implementation of CEDAW and the BPFA”
3rd July 2004
The objective
of this workshop was to:
(i)
Provide an orientation on the CEDAW State Party reporting process
and outline the role of NGOs;
(ii) Discuss guidelines for preparing NGO reports and share experiences;
(iii) Explore strategies for implementing the recommendations
of the CEDAW Committee at the national level; and
(iv) Outline other ways to use the CEDAW Convention's framework
as a tool for change.
A.
Key issues and recommendations
Issue
1
There have been difficulties in the domestic implementation of
CEDAW and the BPFA in Asia Pacific.
Recommendation:
All States that are not yet party to CEDAW in Asia and the Pacific
should ratify this treaty. All States should also review and remove
existing reservations to the CEDAW Convention; Finally, all States
should remove all legal and structural obstacles to the full implementation
of CEDAW. This includes taking necessary steps to create enabling
conditions to overcome institutional and cultural barriers to
their advancement.
Issue
2:
Women need access to justice and remedies should be guaranteed
to all women that are affected by one or multiple forms of discrimination.
Since the Optional Protocol to CEDAW guarantees women access to
justice at the international level, States of the Asia Pacific
region should commit to taking the necessary steps to ratify the
OP-CEDAW.
Recommendation:
Governments should be encouraged to look at the OP-CEDAW bearing
in mind it adds value to the CEDAW implementation process. Governments
that have signed the OP-CEDAW but have not yet ratified should
do so to mark the tenth anniversary of the BPFA and to show their
commitment to women. All other governments should sign and ratify
the OP-CEDAW within the next five years. NGOs and governments
should be committed to raising awareness on CEDAW and the OP-CEDAW.
Issue3:
NGOs and Governments should be using the CEDAW reporting process
as a way to monitor the implementation of the BFPA through the
CEDAW Framework.
Recommendation:
Comprehensive approaches to monitoring and reporting; more advocacy
efforts and capacity building should be undertaken in this regard.
B.
Achievements
Some Asia
Pacific states have partially removed reservations to CEDAW,
particularly those that are against the object and purpose of
the treaty. In this regard, governments in Asia Pacific should
continue to review reservations and be encouraged to remove
all of them. Women’s groups should continue to undertake
advocacy in this regard.
There have
been successful experiences regarding the positive impact of
the reporting process (constructive dialogue) at the national
level. Governments are starting to take obligations under CEDAW
more seriously and NGOs are actively engaging in the process.
More NGOs
are becoming familiar with CEDAW. They are providing feedback
to the government on the preparation of reports and coordinating
NGO reports to CEDAW. There is more expertise in the region
among women’s NGO. This should be maintained and NGOs
should continue to document their experiences and best practices
when using the CEDAW process.
In some
countries, national consultations on the OP-CEDAW were held
prior to ratification. There should be more consultation and
all States should try to ratify the OP-CEDAW to mark the tenth
anniversary of the BPFA.
C. Obstacles, Gaps, Challenges
While NGOs
become more familiar Asia Pacific states have delays in submitting
reports to CEDAW. States should take these commitments more
seriously. NGOs must continue to play a strong role advocating
for and monitoring the implementation of the Convention.
The majority
of States in the region have not yet incorporated CEDAW into
national legislation. States should implement the CEDAW Committee’s
recommendations regarding the adoption of anti gender-discrimination
laws.
Women in
the region are still facing problems when trying to access justice
at every level. In this connection, the OP to CEDAW should be
seen as a means to triggering changes in the law that will facilitate
the full implementation of CEDAW.
There
is a need to continue to improve gender sensitive public services.
The recommendations of the Committee in this regard should be
considered.
This
page was last updated on July 19, 2004
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