ENSURING DOMESTIC IMPLEMENTATION OF ESCR FOR ALL: SHARING SOME OF THE STRATEGIES USED BY WOMEN’S NGOS
Presentation by Maria Herminia Graterol Garrido < m.graterol@unsw.edu.au >
UN, August 17, 2006
Lunchtime seminar organised by DESA
Introduction
Good afternoon, my name is Maria Herminia Graterol and I am here as a member of ESCR-NET. Currently, I am at the UN representing International Women’s Rights Action Watch-Asia Pacific (IWRAW-AP) in the extraordinary session of the CEDAW Committee and I will be discussing “from Global to Local” as part of my presentation. I would also like to share that I am a human rights lawyer and that I am a visiting research fellow at the Australian Human Rights Centre, University of New South Wales ( Australia ).
It is a pleasure to be here today and to have an opportunity to share experiences with NGOs working on other Conventions such as the CRC and CERD. Most importantly, I am happy to be with you as the process of drafting of the Disability Convention is close to completion and we now consider more possibilities for popularising and using it.
In recent years, as part of IWRAW-Asia Pacific, I have had an opportunity to undertake and coordinate significant efforts that aim to contribute to the full implementation of the rights contained in CEDAW and the ICESCR. In this regard, it is important to start saying that in my view international human rights treaties often bridge national, regional and international advocacy. Thus, the importance of “bringing human rights home” transcends this slogan.
This presentation is based on observations and experiences that may be of use to human rights advocates working with other Conventions. In particular, I hope I can outline strategies that may be of use to those working with the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities.
A brief note on the importance of ESCR
As a practitioner, it is easy to observe that when ESCR are “lacking”, the structural obstacles to equality make it practically impossible for individuals to claim all other human rights. Since the indivisibility of rights is unquestionable, it is important for all human rights advocates to reaffirm that ESCR are not a new or separate.
At the same time, since there are so many recent standards and norms that have clarified the meaning and extent of ESCR, it is important for all human rights advocates to use and apply these standards across fields. We should all continue to contribute to the progressive understanding of human rights and respond to misconceptions/myths around them. It is impossible to be empowered without human rights.
Some strategies for change:
I will be describing a series of efforts that have been initiated by women’s groups working with the CEDAW Convention and the ICESCR. It is important to note that although I have listed ten separate strategies, they are all inter-related.
STRATEGY 1:
CONCEPTUAL CLARITY: the example of intersectional discrimination
In my experience working with IWRAW-AP, one of the most important concepts that need to be understood is substantive equality. In particular, when discussing discrimination on the grounds of poverty, health status, gender, race/ethnicity, disability, age and other status. Although I will not go into this concept, I want to emphasise that the exploration of this principle has enabled many women’s groups to contribute to the better understanding of the effects intersectional discrimination (aka multiple forms of discrimination).
A better understanding of the practical effects of discrimination on multiple grounds enabled women’s groups to develop concept papers, case studies and improve advocacy. As a result of advocacy efforts, intersectional discrimination was included in the outcome documents of the World Conference Against Racism, Racial Discrimination, Xenophobia and related intolerance. Most importantly, this understanding has informed the work of UN treaty bodies and is reflected in CERD general comment 25, ICESCR general comment 16 and CEDAW general recommendation 25.
In this regard, the collaboration between women’s groups and experts within the committees has resulted in raising the benchmark of equality across the international human rights system.
STRATEGY 2:
UNIVERSAL RATIFICATION AND USE OF THE CONVENTION WITHOUT RESERVATIONS
After years of working on the drafting process of the Optional Protocol to CEDAW, in collaboration with women’s groups from around the world, IWRAW-Asia Pacific spearheaded the Global Campaign for the Ratification and Use of the OP-CEDAW. The Campaign has:
(i) generated resource materials; (ii) coordinated international, regional and national consultations on the ratification process; and (iii) most importantly, is now moving towards working with women’s groups that want to use the mechanisms under the Optional Protocol in very strategic ways.
Some of the lessons learned in our work with CEDAW and the OP-CEDAW is that collaboration among GOs and NGOs is needed to ensure ratification of the treaties without reservations. As we all know, reservations limit the application of the Convention at the national level and, in many cases, take away from national impact. This is particularly the case where reservations are around key areas such as ESCR.
At another level, it is important to work together in order to generate materials that will help government officials and NGOs working at the national level to push for ratification. In this regard, some of the tools that have been developed for other treaties could be adapted to promote the Disability Convention. For example, some of the questions that need to be answered are: would the treaty limit State’s sovereignty? does the treaty bring an added value?, etc.
STRATEGY 3:
ENSURING THERE IS DIVERSITY AND EXPERTISE AMONG COMMITTEE MEMBERS
The independence and diverse expertise of Committee members guarantees the success of the treaty body mechanism. Although the substantive areas of the treaty are important, it is also true that Committees create interpretative comments/jurisprudence and can strengthen a constructive relationship between governments and NGOs submitting information.
Once the new Convention comes into force, it will be essential to propose nominees to take part in the treaty body and to monitor the selection process. In this connection, besides expertise on disability, it is important to ensure there are also members with an understanding of other forms of discrimination such as gender, race, age, etc as well as ESCR. In regard to CEDAW, there have been instances when national NGOs have been active in pushing their governments to nominate good experts to the Committee.
STRATEGY 4:
TRACKING INCORPORATION AND IMPLEMENTATION OF THE CONVENTION AT THE NATIONAL LEVEL
Once a treaty is ratified, it is important to ensure that domestic incorporation follows. This will enable standards to be applied in national cases and integrated to existing national mechanisms as well as procedures, policies, services, etc. So, in a way, incorporation and implementation of treaties can be means to help track human rights impact.
Some women’s NGOs and mainstream human rights NGOs have experience in this kind of effort and there is a body of work that disability rights advocates can build on. More specifically, since harmonisation and coherence between human rights treaties and domestic policy is important, the process of preparing reports (NGO and GO) is a means to identify gaps and propose solutions.
STRATEGY 5:
POPULARISING THE CONVENTION, EDUCATION AND CAPACITY BUILDING
In my view, the elimination of all forms of discrimination starts with human rights education and awareness at all levels. In this regard, the spirit and relevance of the Convention should be shared with many groups and in different ways. For example, IWRAW Asia Pacific has developed a training manual on CEDAW, “Building Capacity for Change” that has been widely used by activists and government officials; in addition, other organisations have developed resources that carry the message of the human rights of women and girls through media, video, pop culture, etc. A good example of mass education on human rights is the “Human Rights Cities” initiatives being developed by several local NGOs in partnership with PDHRE.
In terms of more specialised/technical capacity building efforts, it will be necessary to enable government bodies to gather appropriate data and information and analyse it in light of the Disability Convention.
Although many groups with expertise on other treaties are doing this, it is time to identify best practices and see how we can all bring each other’s issues/concerns into the work of treaty bodies. We all have a lot to share and perhaps a starting point would be to meet and develop education tools that are general and yet, not at the expense of the particularities.
I think the importance of working together is that at the end, at least, CRC, CERD, CEDAW, ICESCR and the disability convention provide frameworks for addressing the “constructs” of disadvantage and inequality.
STRATEGY 6:
ACTION ORIENTED RESEARCH ON MECHANISMS, POLICIES, LAWS, SERVICES AND REMEDIES AND OTHER RESOURCES
The importance of research and the practical applications of research should not be underestimated. It is essential to develop tools to understand, explore and expand the principles enshrined in the Convention and the areas of rights covered therein.
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The next four strategies focus on the need to integrate disability rights to the work of all treaty bodies. Although the strategies listed relate to UN treaty bodies, it is also true that there is a lot of potential in working across regional systems.
STRATEGY 7:
PARTICIPATION IN STANDARD SETTING PROCESSES
NGOs trying to promote better understanding of the rights of persons of disabilities should consider actively engaging in standard-setting processes that relate to other UN treaty bodies. In this connection, oral and written contributions to days of general discussion by CEDAW, CRC and ICESCR could be valuable. Over time, references to disability in general comments and reporting guidelines relating to all human rights treaties can contribute to the expansion and progressive interpretation of these rights.
STRATEGY 8:
INPUT INTO UN TREATY REFORM
It is clear that once the Disability Convention is adopted, the proposals relating to the possible reform of the treaty system may have an impact in this mechanism. For example, the question of specificity in terms of expertise on gender, race, disability, children’s rights, ESCR, etc is a concern.
STRATEGY 9:
A HOLISTIC APPROACH TO SHADOW/ALTERNATIVE REPORTS TO ALL TREATY BODIES
IWRAW Asia Pacific has partnered with various UN agencies over the last years in order to enable national NGOs to participate in the “from Global to Local” programme (GtL). This programme aims to assist national NGOs in the preparation of alternative reports to the CEDAW Committee and to enable local activists to observe and participate in their country’s review session. The programme also includes a mentoring programme for NGOs while they are in New York .
GtL has had an impact on the ways national NGOs use concluding comments to strengthen national advocacy. In addition, the programme also encourages greater performance by governments since they know citizens are monitoring the process. Finally, the CEDAW Committee has used alternative reports and additional information to inform the review process and this has added to their understanding of local realities.
STRATEGY 10:
LITIGATION - NATIONAL TEST CASES AND OPTIONAL PROTOCOLS
Over the years, CEDAW has been used in many national Courts and has helped to push for changes in legislation. Similarly, the Disability Convention can inform public interest litigation at the national level. Hopefully, training for judges and lawyers will take place over time in order to develop test cases and a national body of jurisprudence on disability rights.
In cases in which women complain that there are no remedies for discrimination on the grounds of disability and gender exist, there is a possibility to use existing Optional protocols, including the OP-CEDAW. Moreover, if the OP-ICESCR becomes a reality, it could provide another avenue for persons with disabilities to bring forward complaints to the international level.
CONCLUSION
Although the majority of women’s groups and experts on women’s human rights have a lot to learn about disability rights, there are many opportunities for partnership that should be explored. At a time when human rights are being eroded at the national level, it is possible to bring various movements together in order to tap into greater and better changes in society through human rights.
For more information on substantive equality and intersectional discrimination please refer to resources prepared by iwraw-asia pacific at <www.iwraw-ap.org> and in particular, IWRAW Asia Pacific’s Occasional Papers Series No 8: Addressing Intersectional Discrimination with Temporary Special Measures < http://www.iwraw-ap.org/aboutus/pdf/OPSVIII.pdf>. In addition the Ontario Human Rights Committee has prepared a position paper on intersectional discrimination that is very useful.
