4-9 March 2003
Assessment of the Draft Gender Equality Law in Tajikistan
Organised by OSCE. Dushanbe, Tajikistan

The Organization for Security and Cooperation in Europe (OSCE ) contracted Shanthi Dairiam, Executive Director of IWRAW Asia Pacific, to assess the proposed Gender Equality Law in Tajikistan. The commentary on this law prepared by Shanthi was discussed with several people in Tajikistan as well as through a roundtable discussion held on the 7 March 2003 in which parliamentarians, government officials and NGOs participated.

The assessment was based on the framework of the CEDAW Convention and the obligation of the State that flows from being a States party to this treaty. The basic questions addressed were: Why have a gender equality law and what should its substance be.

Most constitutions contain provisions for equality, but these provisions are very wide. While a constitution is supreme law in a country, in itself it is still not sufficient to guarantee equality or facilitate the individual's claim to equality without additional legal measures and mechanisms that define discrimination, give a wide meaning to the concept of equality, and provide procedures and remedies for redress, when rights to equality have been violated.

All States parties to CEDAW must also look to this treaty for guidance on fulfilling this obligation. CEDAW has established the means through which true equality can be achieved. In general terms, it states that discrimination needs to be eliminated in order to achieve equality. In specific terms, it requires that this be done not only through constitutional guarantees but also by enacting appropriate legislation, establishing a wide meaning of equality to encompass de jure and de facto equality (Article 2a), defining discrimination as direct and indirect (Article 1), prohibiting discrimination in law and in practice (Article 2f and g), and imposing sanctions (Article 2a and b). Further, such provisions are to be made applicable to the public and private sectors (Articles 2d, and e respectively) and through establishing competent institutions to adjudicate on the matter (Article 2c). These obligations under CEDAW therefore can be one of the basis of the need for a gender equality law as well as provide the guidance for the substance of this law. There are also obligations to eliminate discrimination under the ICCPR, ICESCR and CERD.

10-12 March 2003
Consultation on CEDAW Monitoring and Implementation in CEE/CIS (Central and Eastern Europe/Commonwealth of Independent States
Organised by UNDP Kazakhstan. Almaty, Kazakhstan

This consultation was organised by UNIFEM CIS. Shanthi Dairiam of IWRAW Asia Pacific was the key resource person and facilittaor. In January 2003 UNIFEM started a project "CEDAW implementation, monitoring and advocacy in Central and Eastern Europe and the CIS". As the first step in project implementation, UNIFEM organised a two day meeting with representatives from 12 CIS countries. The consultation focused on assessing needs for a regional plan of work on facilitating the implementation of CEDAW.

One representative from each government and NGO sector were invited from 12 countries, namely: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan

Participants, working in plenary sessions and groups (by country; by region; mixed) through case-studies, discussions and brainstorming, came to a common understanding of the principles for practical application of CEDAW in an individual country. They identified obstacles to the full implementation of the CEDAW in their countries and the region, outlined possible ways out and flagged their priorities and needs for CEDAW implementation. Also, mechanisms for regional and sub-regional cooperation were discussed.

27-29 March 2003
Hong Kong CEDAW Training.
Organised by the Centre for Comparative and Public Law, University of Hong Kong and the Women's Studies Research Centre, University of Hong Kong

Shanthi Dairiam from IWRAW Asia Pacific was the trainer. Hong Kong's second periodic report to the CEDAW Committee is due to be reviewed and the objectives of the training was to enable participants to understand the principles of the CEDAW Convention and the obligations of the State under this treaty, as well as to develop some skills in monitoring its implementation.

28th March-9 April 2003
59th Session of the UN Human Rights Commission
Geneva Switzerland

IWRAW Asia Pacific coordinated the participation of five activists: Ivy Josiah (Malaysia), Tulika Srivastava (India), Brenda Campbell (Ireland), Marlene Libardoni (Brazil) and Barbara Limanowska (Poland). Shanthi Dairiam and Maria Herminia Graterol represented IWRAW Asia Pacific. IWRAW Asia Pacific's delegation was active in the promotion of the establishment of the open-ended working group on the Optional Protocol on the ICESCR (OP-ICESCR). The team will continue to work together throughout the negotiations of the OP-ICESCR and hopes to be able to share experiences gathered during the negotiations of the text of the Optional Protocol to CEDAW. Click here to read the statement by IWRAW Asia Pacific on the question of the OP-ICESCR.

During the session, IWRAW Asia Pacific was able to join the NGO Coalition for the OP-ICESCR and participate in discussions with various special rapporteurs, including the UN Special Rapporteur on Violence Against Women. IWRAW Asia Pacific actively promoted two resolutions: the resolution on the establishment of the open-ended group on the question of the Optional Protocol to the ICESCR and the resolution on violence against women. Through this process it was possible to work with other NGOs and networks such as APWLD, ICJ, ESCR-NET, OMCT, COHRE and FIAN.

23-25 April 2003
South Pacific Regional CEDAW Reporting Workshop
Organised by the Commission of the South Pacific. Apia, Samoa

Government and NGO representatives from Cook Islands, Fiji, Niue, Papua New Guinea, Solomon Islands, Samoa, Tokelau, Tuvalu and Vanuatu attended. Resource persons comprised a CEDAW Committee member, a representative from the UN Division for the Advancement of Women and Shanthi Dairiam of IWRAW Asia Pacific.

19-21 June 2003
Lawyers Expert Group Meeting
Bangalore, India

An Expert Group Meeting on Training for Lawyers on Using CEDAW for Legal Initiatives (EGM) was organised by IWRAW Asia Pacific in Bangalore, India on May 19-21, 2003. Thirteen experts, who are trainers, academics, practicing lawyers and representatives of NGOs from India, Nepal, Bangladesh attended the meeting. The EGM was held to initiate the development of a curriculum and training materials for a set of lawyers training to be implemented in 2003-2005. In pursuance of this, the following themes were elaborated upon in terms of concepts and methodology for the training: The Key Principles of CEDAW (Non-Discrimination, Substantive Equality and State Obligation); Questions Concerning Application of CEDAW in Litigation (Possible Uses of CEDAW in Litigation, Legal Argumentation for Specific Rights, and Legal Argumentation for Remedies) and The Role of Lawyers and their Strategic Interventions. The EGM endorsed a proposed outline for a Lawyers Training Curriculum as well as discussed the implementation of the forthcoming lawyers trainings from 2003-2005. A basic training package (toolkit) for lawyers is presently being prepared based on the discussions in the EGM.

8-11 June 2003
ESCR-NET Inaugural Conference
Chiangmai, Thailand

At this event, IWRAW Asia Pacific coordinated a workshop on the Optional Protocol to the ICESCR and meetings of the OP-ICESCR NGO Coalition. These efforts were carried out in collaboration with other organisations such as ICJ, OMCT and COHRE. Tulika Srivastava (India), Caroline Lambert (Australia) and Eleanor Conda (Philippines) represented the Global Campaign for Ratification and Use of the Optional Protocol to CEDAW. Shanthi Dairiam and Maria Herminia Graterol represented IWRAW Asia Pacific.

16-20 June 2003
Women's Rights Watch Project - Second Exchange Week
Organised by HOM. Utrecht, Netherlands

This project was initiated by the Netherlands Humanist Committee on Human Rights (HOM) in 2002. It explores the possibilities of using the UN Convention Against all forms of Discrimination Against Women (CEDAW) and other human rights conventions in development relations. Comprising three exchange weeks, this project involves various partners from the North and the South. The participating organisations from the South are: Narippokho (Bangladesh), SI Mujer (Nicaragua), FIDA (Kenya) and IWRAW Asia Pacific (represented by Maria Herminia Graterol).

The main aim of this project is to develop a Health Rights of Women Assessment Instrument. It is hoped that this instrument will further the integration of the human rights approach to development practices. It is also hoped that this tool will bring together human rights activists and development practitioners to strengthen the analysis of women's health status from a human rights lens. The project runs till April 2004 and is funded by the Dutch development organisations NCDO and HIVOS.

18-24 June 2003
Second Inter-Committee Meeting of UN Human Rights Treaty Bodies, Fifteenth Annual Meeting of Chairpersons of the UN Human Rights Treaty Bodies, and Tenth Annual Meeting of Special Rapporteurs, Representatives, Independent Experts, Chairperson of Working Groups of the Commission on Human Rights
Organised by OHCHR. Geneva, Switzerland

IWRAW Asia Pacific attended the Second Inter-Committee Meeting of the Human Rights Treaty Bodies on 18-20 June 2003 and the Fifteenth Annual Meeting of the Chairpersons of the Human Rights Treaty Bodies on 23-27 June 2003 in Geneva. The agenda for both meetings focused on enhancing the effectiveness of the treaty bodies especially in the light of the call of the UN Secretary General for reform of the treaty body system. IWRAW Asia Pacific made submissions dated 19 June 2003 and 24 June 2003 in both meetings. These submissions highlighted the interlinkages between the process of reporting and implementation at the national level and offered proposals in this light. They also brought forward IWRAW Asia Pacific's experiences in linking the international level to an aware constituency of citizenry who can hold governments accountable for implementing the recommendations of the treaty bodies. Among others, the proposals looked into the following aspects for the strengthening of treaty bodies: technical services and capacity building, quality of the report, NGO involvement in the process of reporting and follow-up, NGO information, reservations and interim reports. IWRAW Asia Pacific also signed on to the NGO Paper on Treaty Body Reform following the UN Secretary-General's proposals dated 24 June 2003.

A parallel meeting to the Treaty Bodies meetings was the 10th Annual Meeting of Special Rapporteurs, Representatives, Independent Experts and Chairpersons of Working Groups of the Commission on Human Rights. IWRAW Asia Pacific made a submission during the meeting between the UN experts and the NGOs on June 24, 2003. The paper focused on exploring approaches for the experts to contribute towards a progressive and expansive interpretation of human rights. The submission also called for common agendas, joint statements and interventions by all bodies and experts that are part of the UN system on matters that undermine the human rights treaty system as a whole.

26 June to 6 July 2003
"From Global to Local"
29th CEDAW Session. New York, USA

Coordinated by IWRAW Asia Pacific, this year's "From Global to Local" programme involved 25 participants from a total of 13 countries, six reporting at the June/July 29th CEDAW session and seven who were scheduled to report at next January/February's 30th CEDAW session. The former included Brazil, Costa Rica, Ecuador, Slovenia, Japan and France, while the latter comprised Belarus, Bhutan, Ethiopia, Kyrgyzstan, Kuwait, Nepal and Nigeria.

The participants attended a three-day training where they learnt about CEDAW including how this treaty can be used to promote women's rights in their respective countries. This was followed by a four-day mentoring programme where they sat in the on-going CEDAW session and observed the informal meeting between the CEDAW Committee and NGOs from Brazil, Costa Rica and France. As well, they observed the reporting process involving these countries. During this time also, a daily debriefing was held at the end of each day to allow participants to exchange their insights into the day's proceedings. The programme concluded with a one-day evaluation and planning session.

19-20 July 2003
Meeting on Article 3 of the International Covenant on Economic, Social and Cultural Rights
Organised by the Centre for Equality Rights in Accommodation (CERA), the Women's Economic Rights Project and the International Network for Economic, Social and Cultural Rights. Toronto, Canada

The Centre for Equality Rights in Accommodation (CERA), the Women's Economic Rights Project and the International Network for Economic, Social and Cultural Rights organised this meeting. It was a useful opportunity to exchange ideas on elements and suggestions that could be considered by the Committee on Economic, Social and Cultural Rights in the process of drafting the forthcoming general comment on Article 3.

More than sixteen experts including NGO representatives, CEDAW Committee members and the Chairperson of the Committee on Economic, Social and Cultural Rights participated. Shanthi Dairiam and Maria Herminia Graterol represented IWRAW Asia Pacific at this meeting.

30 August 30 - 2 September 2003
Consultation on Updating of Concepts for Training
Organised by IWRAW Asia Pacific. Kuala Lumpur, Malaysia

IWRAW Asia Pacific invited fifteen members of its training working group as well as other experts on women's rights to participate in this consultation which sought to discuss challenges, concepts and issues that need to be considered in future training activities. Participants had an opportunity to advance their own thinking on the ways evolving international human rights norms can be applied in advocacy efforts at the national and international level. One of the most important outputs of the meeting was a framework for identifying new concepts/issues and the development of methodologies for addressing these issues in training sessions. On the last day, participants planned a series of training activities for 2004.

October 28-31, 2003
Housing and VAW Consultation
New Delhi, India
Organised by IWRAW Asia Pacific, APWLD, HIC-HLRN, and COHRE

The consultation with the Special Rapporteur on Rights to Adequate Housing (SRAH) on "The Interlinkages between Women's Right to Adequate Housing and Violence Against Women (VAW)" sought to:

(1) Examine the interlinkages between VAW and right to adequate housing (RAH) in order to promote substantive equality for women and thereby inform the normative content of the right to adequate housing through women's experiences and testimonies.
(2) Create a platform to mutually strengthen strategies and collaborations among women's groups working on VAW and housing rights groups for the advancement of women's rights.

The consultation comprised two parts. First was the pre-consultation training. Here a methodology for monitoring the right to housing, i.e. how to use the tool kit and human rights frameworks as they relate to the RAH, was provided. This included a discussion on the expanded elements of the RAH, substantive equality and non-discrimination as key CEDAW principles and the VAW framework. The second part was the consultation proper. Here the SRAH presented his mandate and the participants had the opportunity to present their testimonies to him, in which the links between the RAH and VAW were drawn and examined.

Participants were women domestic migrant workers, Dalit women, women refugees, women nomads, fisherfolk, indigenous hill tribe women, women plantation workers, women subject to domestic violence, women working on evictions issues in urban slums, human rights commissions, women's human rights organisations and housing rights organisations. They came from Malaysia, Georgia, Sri Lanka, Thailand, Philippines, Indonesia, India, Nepal, Bangladesh, Bhutan, Hong Kong, Korea, Burma, Mongolia. Their presentations were grouped into testimonies addressing the five main themes of domestic violence; armed/ethnic conflict, fundamentalism, militarism; discrimination and segregation in evictions and housing; legal and cultural obstacles to land inheritance and property rights of women; and globalisation.

A publication of the conference proceedings is presently being done. Key discussions in the conference and the testimonies will contribute to the SRAH's 2005 report on women and housing rights.

Click here for a draft copy of the summary of agreed key conference points.

November 24, 2003
Day of General Discussion on the Right to Work. Organised by the CESCR. Geneva, Switzerland

The Committee on Economic, Social and Cultural Rights held a day of discussion on the Right to Work at its 31st session in Geneva. This discussion was to assist the Committee prepare a General Comment on the right to work, Article 6 of the ICESCR. Shanthi Dairiam, Executive director, IWRAW Asia Pacific participated in the discussion and made a submission to the Committee on the need for special attention to be paid to women’s right to work as neutrality and formal notions of equality between women and men do not benefit the former. Click here for the full text of Shanthi’s submission to the CESCR.

December 1-5, 2003
National Training of Trainers
Pune, India
Organised by MASUM and IWRAW Asia Pacific

The resource persons for this event were Madhu Mehra of Partners in Law and Development, Tulika Srivastava of Association for Advocacy and Legal Initiatives and Manisha Gupte of MASUM. Topics covered included: Substantive and Non-Discrimination, Rights and Needs, International Human Rights System, CEDAW, Role of Law in Women's Activism, State Obligation, Rights-Based Approach, Mechanisms and Procedure of CEDAW and the Optional Protocol to CEDAW. Special attention was given to sexual and reproductive rights as a thematic focus of the training. Participants' future plans include a follow-up activity that will provide them a forum to share their experiences of using concepts and methodologies of the training. They also wish to translate the training manual into regional languages for greater outreach, to establish an online internet group to continuously share experiences, to publish a newsletter that compiles instances of discrimination, to further document case studies and to form regional networks of NGOs working with CEDAW to pool resources and ideas.