From
Global to Local: NGOs and CEDAW
The strength
of the CEDAW Convention rests on the global consensus (185 ratifications
/ accessions
as of 23 October 2006) of support for the mandate of equality between women
and men. This internationally supported mandate is a strong counter
to claims that equality is contrary to culture and tradition.
At the ground level, the advocacy for the application of the standards
of the convention has to be linked to this international mandate.
This linkage also requires the establishment of a relationship
between women's groups and the CEDAW Committee.
The reporting
process is an important monitoring mechanism set-up by the United
Nations whereby women are able to participate and observe State
party performance in reporting to the CEDAW Committee. At the
same time they can interact with the Committee members to raise
their awareness about issues critical to the women in their country.
This is a strategic method which enhances the effectiveness of
this monitoring mechanism. It has the synergistic effect of strengthening
women's capacity to claim their rights while enhancing the Committee's
ability to monitor State compliance and interpretation of the
convention. This will be of tremendous benefit to both sides.
The women in particular will be able to be more strategic in their
own activism when they return home as they would have had first-hand
knowledge of the Committee's recommendations to their government.
Since 1997,
IWRAW Asia Pacific has run a project called From Global to Local
which has facilitated the participation of women activists from
over 100 organisations at the review of their government's report
by the CEDAW Committee in New York.[1] This is the only project
that attempts to facilitate the participation of women in the
reporting process in a structured and purposeful manner. Their
involvement in this process contributes to two interrelated, important
aspects of human rights work at the international level. One is
in the setting of norms and standards for human rights practice,
and the other is to monitor and challenge non-compliance of their
governments with the standards to which they have committed themselves
internationally. This process will help facilitate the application
of international human rights norms at the domestic level.
Preparation
of a Shadow/Alternative Report
The participation
of women in this process begins with the preparation of a shadow/alternative
report written in collaboration with other women's groups drawing
on each other's areas of strength and expertise to highlight the
critical issues effecting women in their country. Besides encouraging
collaboration and building of networks to work on CEDAW implementation,
this has created the realisation that the CEDAW framework is an
important tool that brings certain perspective, deeper understanding
and analysis of any issue being studied/worked on by the different
women's groups. IWRAW Asia Pacific provides women's groups with
guidelines for the preparation of these shadow
reports and offers technical assistance/suggestions in the
writing/formatting of this. We also assist in the distribution
of these reports to the CEDAW Committee members.
A compilation of Shadow Reports (2005-present) that have been submitted to the CEDAW Committee are available here.
Participation
in the Review Process
It is however
the physical presence of women activists at the review itself,
lobbying the CEDAW Committee members and observing the review
of their government's report that has the biggest impact on this
entire process. The From Global to Local project involves the
following activities:
-
A
three-day intensive training-cum-orientation session to raise
the awareness and understanding of women activists of the CEDAW
Convention, the UN Human Rights system, the dynamics of the
reporting process, the CEDAW Committee's working methods and
the role NGOs can play within the review process.
-
One-week
observation of the review process itself at the UN and advocacy
with the CEDAW Committee. Participants as a team attend and
observe all reviews for a week and during this time, they are
mentored to lobby and interact with the CEDAW Committee members
to provide them with alternative information.
-
Daily
debriefings of the review process are held in the evenings with
participants to discuss the proceedings of the day, share experiences,
thoughts and observations of the reporting process and lessons
learnt. Activists whose government was reviewed that day would
comment on the effectiveness of their lobbying and whether critical
issues they raised were reflected in the questions posed by
the CEDAW Committee to the government.
-
A
one-day evaluation and planning exercise is held at the end
of the two week programme to share overall experiences and observations
of the process and plan/strategise follow up activities upon
their return.
Accomplishments
For most women
who have participated in this programme, it is their first experience
at the UN and with the CEDAW Committee and they gain first-hand
knowledge and information on the workings of the UN human rights
system. In fact, one of the greatest achievements of the programme
has been the demystification of the whole process. Activists also
come to realise that NGO input helps the CEDAW Committee in the
formulation of questions that they pose to the State parties,
and that their participation facilitates a process by which governments
have had to accept the legitimacy of NGOs to contribute to the
review process. Governments have greater respect for these women
realising that they are not there as individuals but as a part
of an international lobby.
"I think
that knowing that you're part of a global monitoring process,
that ends up at the UN can strengthen women's work at the national
level" - Comment by participant (2001)
Seeing and
hearing their government's views on equality and the status of
women in the country has also given them a deeper understanding
of what needs to be done to bring about de facto equality for
women in the country as well as having the potential of holding
the government accountable to its promises. The programme also
creates the awareness of the need for priority goals and to strategise
their advocacy utilising the information and experiences from
this programme and the review.
"This
programme is very critical to forming an "arm" of activists
all over different countries, continents in order to bring de
facto equality in the world. It is necessary as women that we
be watchdogs of the actions of the government in terms of fulfilling
their international obligations but we can only do so if we are
knowledgeable of the processes of these international instruments
which this programme has been able to do." - Comment by participant
(2002)
NOTES
[1] The CEDAW Committee meets twice a year in January and June
at the United Nations in New York for three weeks at a time.
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"FROM
GLOBAL TO LOCAL": SUCCESS STORIES
As illustrated
in the examples below, the From Global to Local project
is a good illustration of how our efforts in capacity building
have created different levels of activism for local-level
groups.
Use
of Shadow Reports by the CEDAW Committee
- Indonesia:
The alternative information provided by the shadow report
of Indonesian women's groups was included by the CEDAW
Committee in relation to the issues of sex roles and stereotyping,
as well as the reproductive rights of women.
- India:
The shadow report by Indian NGOs was utilised by the CEDAW
Committee to question the State's role in relation to
women in armed conflict, caste-based violence against
women, and the plurality of personal laws that set different
standards of rights for different groups of women.
- Sri
Lanka: CENWOR coordinated the updating of the Sri
Lankan Shadow Report and used its experience with the
baseline report of the Facilitating Project not only to
provide data on the situation of domestic violence, but
also an analysis of State action in relation to CEDAW.
This contributed to an effective review and a useful set
of Concluding Comments.
Follow-up
on Concluding Comments at the national level
- Zimbabwe:
At the 18th CEDAW Session, the government of Zimbabwe
was praised for repealing the Legal Age of Majority Act
1982 which denied women the legal adult status. Upon their
return home, however, the government announced that they
would reinstate the Act. Drawing on their experiences
at the UN, the four Zimbabwean women activists who had
participated in the From Global to Local project and observed
their government's review by the CEDAW Committee were
able to widely publicise the contradiction in State action.
The government subsequently withdrew its intention to
reinstate this discriminatory Act.
- South
Africa: A recommendation for a specific law to prohibit
discrimination was made by South African women at the
CEDAW review in 1998. This was echoed by the CEDAW Committee
in its Concluding Comments. In September 2000, the South
African government passed a law called the Promotion of
Equality and the Prohibition of Unfair Discrimination
Act. This Act has a section on gender discrimination.
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This
page was last updated on December 4, 2006
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