Copyright (c) 1999 The Columbia Law Review
Columbia Law Review
January, 1999

99 Colum. L. Rev. 129

NOTES

EMPOWERING OURSELVES: THE ROLE OF WOMEN'S NGOs
IN THE ENFORCEMENT OF THE WOMEN'S CONVENTION
Afra Afsharipour

[*129]

INTRODUCTION

In countries throughout the world, there are rampant violations of women's human rights. [n1] Women everywhere experience marginalization, oppression, and abuse. [n2] The Convention on the Elimination of All [*130] Forms of Discrimination Against Women [n3] ("Convention" or "Women's Convention") was adopted in 1979 in response to the problems of women and to promote the human rights of women. The issues addressed by the Convention include women's equality before the law, women's rights in the family, and women's access to health care and education, among many others. While the Convention has been essential in articulating women's human rights and in bringing greater attention to such rights, it has not been fully implemented by the States Parties. [n4]

Criticism of the Convention has not primarily been focused on its substantive provisions, but rather on its lack of enforcement provisions. There are essentially two enforcement measures under the Convention. The first method of enforcement is Article 29's State to State complaints mechanism - a measure that has yet to be invoked. [n5] The State reporting process, the Convention's second method of enforcement, is the system presently most often used. [n6] Despite the obligation to report and the fact that States have signed a multilateral treaty to take all necessary steps to [*131] advance women's rights, many have failed to take such steps. [n7] Critics of the Convention believe that this failure arises, in part, because there is no judicial enforcement of the Convention and because presentation of State reports on the status of women is the only active enforcement provision. Unlike some other human rights treaties, [n8] the Convention does not give individuals a right of petition to the committee responsible for reviewing government compliance with the Convention, nor does it give the United Nations committee responsible for monitoring the Convention's implementation, the Committee on the Elimination of Discrimination Against Women (CEDAW or the "Committee"), much power in promoting and enforcing women's human rights.

This Note asserts, however, that the lack of judicial enforcement of the Convention does not necessarily diminish its effectiveness. Reporting can be used productively, especially by women's non-governmental organizations (women's NGOs). [n9] The reporting process can serve as an important empowerment tool for women, allowing them to fight for their rights, to monitor State compliance with the Women's Convention, and to become important actors in enforcing the Convention. In fact, the reporting process has served as an empowerment tool for women. For example, in Bangladesh, a country in which women's human rights have systematically been violated, the reporting process has become an important tool in advancing women's human rights because it has allowed Bangladeshi women and women's NGOs to become involved in the enforcement of the Convention. [n10]

This Note explores the involvement of women's NGOs in enforcing the Convention. Part I provides a brief background on women's human rights and outlines the substantive and enforcement provisions of the Convention. It also addresses problems with the Convention-dictated en [*132] forcement mechanisms. Part II presents Bangladesh as a case study. While there are extensive violations of women's human rights in Bangladesh, there is also remarkable progress in the State's recognition of its obligations under the Convention. The history of Bangladesh is an example of both the problematic aspects of the enforcement mechanisms under the Convention, and how women's NGOs have involved themselves in the implementation process of the Convention. Part III uses the Bangladesh case study and the recent increased activities of international women's NGOs to illustrate how women have asserted themselves in the U.N. system, particularly in the processes laid out by the Convention, and explores both the achievements of women's NGOs and their future in the enforcement of the Convention.

This Note ultimately demonstrates that, in the recent past, women's NGOs have become major players in the national and international system, elevating themselves to a position from which they can have significant effects in enforcing the treaty obligations of States who have ratified the Women's Convention.

I. WOMEN AND HUMAN RIGHTS

A. Violations of Women's Human Rights

Two of the most important movements of this century have been the struggles for human rights and for women's equality. The right to full enjoyment of human rights by both women and men has become a universally accepted principle. [n11] However, while most countries have made some progress in advancing human rights, women's rights are still often violated.

Invidious violations of women's human rights take place in every country and in countless forms - rape, domestic abuse, exploitation of young girls, trafficking of women and girls, sexual harassment, dowry death, violence by acid - and remain a major impediment to the realization of women's rights. [n12] For women, the personal, economic, and social costs of these acts of violence are high. For example, in India, dowry deaths are on the rise, exemplifying deep-rooted and invidious abuse of women, who are often considered commodities or things to be possessed. [n13] Women in the United States continue to face abuse at home [*133] and harassment in the workplace. [n14] And in Bangladesh, some young women have had acid thrown on their faces, disfiguring them forever. [n15]

Acts of violence are not the only violations of women's human rights. Despite progress in education and employment opportunities, women are still under-represented in political decision making arenas. [n16] Furthermore, in many regions, personal laws continue to discriminate against women, denying them fair process and treatment in matters regarding marriage, maintenance, child custody, and inheritance. [n17] This summary surveys just some of the persistent forms of discrimination against women.

B. The Women's Convention: A Solution for Advancing the Human Rights of Women

 

This preamble links women's rights to human rights generally and reminds the international community that all human rights treaties adopted by the United Nations and its specialized agencies entitle men and women to enjoy equally the rights they enshrine.

The preamble is followed by thirty operative articles that impose legal obligations on States which have ratified or acceded to the Convention. In Article 1 of the Convention, discrimination against women is defined as:

The comprehensive definition of discrimination is meant to address the multi-faceted nature of the problems women face. Since States are bound to eliminate discrimination as defined by Article 1, they are obliged to eliminate discrimination against women in all spheres of life, [*135] including the private sphere - especially in the family. [n24] This includes not only eliminating practices that are intended ("purpose") to constrain women's human rights but also those that result ("effect") in impairing women's rights. [n25] In pursuing these goals, States may even introduce temporary affirmative action measures until equality between women and men is achieved. [n26]

Articles 1 through 16, the sixteen substantive articles, identify specific areas that particularly concern women. Part I (Articles 1 through 6) obliges States to take all appropriate measures to bring about advancement of women. Article 2 obliges them to take concrete steps to eliminate discrimination against women. [n27] The Convention does not address only actions by the State; it requires States to eliminate discrimination against women by any person, organization, or enterprise. [n28] This provision makes the Convention unique, since international human rights treaties are usually limited to the conduct of the State or its agencies. [n29] The Convention also recognizes the influence of culture and tradition in restricting women's enjoyment of rights. [n30]

[*136] In Part II (Articles 7 through 9), States agree to protect women's rights in political and public life. [n31] Women must be given equal opportunity to represent their governments and to participate in the work of international organizations. [n32] Furthermore, the Convention addresses the rights of women and their children to nationality, granting women equal rights with men to acquire, change, retain, and pass on their nationality. [n33]

In Part III (Articles 10 through 14), States make commitments to eliminate discrimination in education, employment, health, economic, social, and cultural life. In the area of education, the Convention deals with access to education as well as the substance of the education. [n34] States also have a number of obligations to advance the role of women in the workplace. [n35] Article 12 of the Convention constitutes the only inter [*137] national treaty obligation relating to family planning. [n36] Article 13 attempts to ameliorate the lack of participation by women in economic and recreational activities. [n37] The Convention also addresses the problems faced by rural women, obliging States to ensure rural women their human rights. [n38]

The last set of substantive provisions is included in Part IV (Articles 15 & 16), where States agree to afford women equality with men in the exercise of legal rights and in marriage and family law. Article 15 of the Convention guarantees equality before the law and equality of legal rights [*138] generally. [n39] Article 16 more specifically provides that States are obliged to ensure equality in marriage and family relations. [n40]

C. Enforcement Under the Women's Convention

There are essentially two enforcement measures under the Convention. The first, a rarely invoked measure allowing State to State complaints, is detailed in Article 29. The second, the State reporting process, is the system presently used for enforcement of the Convention. This mandatory reporting obligation is currently the Convention's only active enforcement mechanism.

CEDAW is a 23-member committee established under Article 17 for the purposes of facilitating the reporting mechanism of and general compliance with the Convention. [n49] The Convention assumes that the major function of CEDAW is to consider States' reports. The Committee's power lies in its ability to review reports, examine how the reporting States are implementing their obligations, and subject the reporting government to international scrutiny. [n50] CEDAW may make suggestions and general recommendations based on the reports. [n51] It may not, however, impose sanctions or arbitrate cases either between governments or between a government and an individual.

According to Article 17(1), Committee members are to be individuals of "high moral standing and competence in the field covered by the Convention." [n52] Furthermore, in the selection of experts, consideration is given to equitable geographical distribution, as well as to representation of different legal systems. [n53] While Committee members are nominated [*140] by their governments, they are to serve in their personal capacity, not as delegates or representatives of their countries of origin. n54 This is to ensure that their primary interest is to promote women's human rights rather than to promote individual States' policies.

Under Article 18, States Parties are required to submit to CEDAW a report that explains the legislative, judicial, and administrative measures that they have adopted to give effect to the Convention, as well as information on obstacles that were encountered. [n55] Without the reports, CEDAW does not have information on and cannot review the status of women's human rights in the States. Unlike the International Convention on the Elimination of All Forms of Racial Discrimination, [n56] the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, [n57] and the International Covenant on Civil and Political Rights, [n58] the Convention has no right of petition that would allow individuals to make complaints about violations. [n59] Since there is no individual petition process and no other real means for judicial enforcement of the Convention, reporting is the only tool available for inducing States to comply with their treaty obligations.

Ideally, the reporting process can be a dynamic force for change within a State:
Preparation of the report should provide an opportunity for review of domestic law, policy and practice to determine the extent to which the standards of the Convention have been met. It allows for monitoring, assessment and evaluation of the strategies put in place to advance the Convention's ideals and provides an opportunity for accurate assessment of the problems that impede the implementation of the Convention. Strengths and weaknesses are submitted to public scrutiny, while consideration of the report by CEDAW provides a forum for discussion with a wholly independent body whose [purpose] is to provide constructive assistance so that States meet their treaty obligations. [n60]

In order to facilitate the production of reports, CEDAW has adopted guidelines for the form and content of the reports. [n61] The guidelines for [*141] the initial reports, which States must submit within one year of ratification, require States Parties to give CEDAW specific information regarding each of the Convention's sixteen substantive articles. The Committee does not just look for a list of implemented instruments, but also for an analysis of the success of such instruments. [n62] Furthermore, the Committee wants a full and frank discussion of any reservations made by the State Party to the Convention. [n63]

In 1988, Guidelines for the Preparation of Second and Subsequent Reports were issued by CEDAW at its 7th session. In their second and subsequent reports, States Parties should focus on the period between the consideration of their previous report up to the date of preparation of their current one. [n64] In addition, provision 3 of the CEDAW guidelines states:
In their periodic reports States Parties should have regard to the previous report and to the proceedings of the Committee in regard to that report, and should include inter alia the following:
a) legal and other measures adopted since the previous report to implement the Convention;
b) actual progress made to promote and ensure the elimination of discrimination against women;
c) any significant changes in the status and equality of women since the previous report;
d) any remaining obstacle to the participation of women on an equal basis with men in the political, social, economic and cultural life of their country;
[*142] e) matters raised by the Committee and which could not be dealt with at the time when the previous report was considered. [n65]
The guidelines are intended to give the Committee a clear picture of the status of women's human rights in the reporting country. Without the information requested in the guidelines, CEDAW will not be able to assess the progress or setbacks in women's human rights, and can neither effectively monitor nor give recommendations to help women in the reporting State.

Once a State submits its report, CEDAW, in a pre-sessional working group composed of five CEDAW members, prepares a list of issues and sets of questions based on the guidelines to be asked of the State. [n66] The pre-sessional working group meets for a week before the full CEDAW session, where the entire Committee meets with State representatives to discuss the submitted report. [n67] Under Article 20, the Committee as a whole is required to meet at the United Nations Headquarters in New York once a year for two weeks in January; at this session, CEDAW is supposed to handle all of its full meetings with State Representatives. [n68] However, since 1996, CEDAW has met twice a year, once in January and once in July, because of its inability to finish its business in the two weeks allotted under Article 20. [n69]

During the CEDAW sessions, the Committee considers the State's reports in a presentation and examination session aimed at establishing and maintaining a constructive dialogue between CEDAW and the reporting State. [n70] Government representatives spend approximately thirty minutes introducing the report and any additional information to CEDAW. [n71] Following this introduction, CEDAW members make general comments on the report as a whole, as well as on any reservations made to the [*143] Convention by the State Party. [n72] CEDAW members also consider the report on an article-by-article basis, asking questions on the implementation of the articles as well as requesting further information or clarification. At the end of this session, the government representatives of the reporting State may decide either to reply immediately to the questions asked by CEDAW or to provide answers at a meeting scheduled one or two days later. [n73] At this later meeting, CEDAW members may ask further questions or may suggest that any remaining unanswered questions be addressed in the State Party's next report.

The above question-and-answer session is "intended to create a constructive atmosphere in which information, experiences, ideas and suggestions are exchanged in a joint effort to implement the Convention in the reporting State." [n74] CEDAW intends for the session to address a wide variety of issues facing women in the reporting State, including issues not addressed by the State report:

In asking questions and raising a broad variety of issues, the Committee members as experts in their individual capacity are not limited to the information provided to them in the report submitted by the State Party. They can and do use other information, such as information reported by specialized agencies, other governmental and non-governmental sources, their own personal knowledge and other sources. The purpose of the consideration is ... to contribute in a joint effort to the advancement of women and to the implementation of the rights contained in the Convention. [n75]

In order to fully address the Convention during this question-and-answer session, CEDAW relies heavily on the work of NGOs. According to one member of the Committee,
NGOs greatly aid CEDAW's experts in their work by sharing information about the situation of women in different countries and by supporting CEDAW's decisions in international fora. NGOs in different countries have developed their own experts on CEDAW and provide, on a regular basis, special reports on the countries on CEDAW's agenda.... NGOs around the world have invited CEDAW experts to participate in various conferences they have organized on the Convention and its importance for the development of the human rights contained in the Convention. The Committee considers the support of NGOs and women's human rights activists invaluable in the combined effort to promote the Convention and increase awareness of and information on women's human rights. [n76]
[*144] Thus the reporting process has become more than just a dialogue between States Parties and CEDAW; the dialogue has also been extended to women and women's NGOs.

D. Problems of the Convention-Dictated Enforcement Mechanisms

Critics have questioned whether the reporting process is an effective method of enforcement. First, the consideration of a State's report by CEDAW is contingent upon the submission of a report by the State Party. [n77] Without a report from a given State, it is of course far more difficult to know about the status of women's human rights in that State. Unfortunately, many States are behind in fulfilling their reporting obligation; some have not even submitted a single report. [n78] Even when reports are submitted, countries under scrutiny are sensitive to any criticisms by CEDAW and are inclined to portray the status of women and the measures that they have taken in an unjustifiably favorable manner. [n79] Moreover, the accuracy of the reports has been questioned since they are prepared and presented by government officials who often do not include controversial matters in their reports. [n80]

There is also criticism of the Committee's procedures once it receives a State's report, especially concerning the Committee's limited meeting time. A report submitted to CEDAW will probably not be reviewed for a number of years, even with the present situation of overdue reports. [n81] Moreover, the time taken to review the report is limited: "When [CEDAW] eventually reviews the report, its consideration, if it is a first report, will involve two meetings; and if it is a subsequent report, it will be considered in one meeting." [n82] The Committee characterized the reporting problems with the following statement:

The backlog of reports, which itself creates a disincentive to report, and the expedition of their review are explained by article 20 of the Convention, which stipulates that the Committee shall normally meet annually no more than two weeks, a restriction which affects no other human rights treaty body. Some of the [*145] difficulties posed by this restriction include additional burdens on reporting States, which are forced to update reports that, when introduced by them to the Committee, are often several years out of date. [n83]
The Committee has attempted to resolve these problems and has requested (although no response has been given to this request) through the General Assembly an amendment to Article 20 of the Convention. [n84]

Furthermore, the Committee's reluctance to adopt formal recommendations and its lack of authority to interpret the substantive provisions of the Convention have raised questions regarding its ability to facilitate change in a State and to enforce the rights of women once it has reviewed the reports. "The Committee can formulate general analyses of the Convention's substantive provisions but has no power to authoritatively interpret them. In addition, it has no quasi-judicial power to pronounce a state in violation of the Convention." [n85] CEDAW members often make informal recommendations to States upon reviewing their reports, but not formal recommendations or suggestions directed at individual States, because no procedure exists for formulating written comments on reports. [n86]

Despite all of the criticisms of the Committee and the reporting process, the reporting process remains the only way to enforce the Convention. Therefore, it is important to explore what this enforcement procedure can do and consider how it can be strengthened. In fact, examination of a State's report under a treaty can provide an occasion for exerting domestic and international pressure on the State. [n87] With a certain amount of preparation by NGOs, the proceedings before CEDAW and the process of reporting can be used quite effectively. [n88] Part II presents a case in which a country's lack of adherence to its reporting obligations under the Convention, in addition to the lack of rights for women in the country, led to pressure by NGOs and, consequently, to greater protection for women's rights in that State.

II. CASE STUDY: BANGLADESH AND ITS LESSONS

Bangladesh ratified the Women's Convention in 1984. The periodic reports submitted by Bangladesh to CEDAW, as required by the Convention, illustrate both the benefits and the problems of the reporting system. As will be seen, Bangladesh has been inconsistent in abiding [*146] by its obligations under the Convention, especially in its reporting. However, as women's activism in Bangladesh has grown and become more targeted, the country has moved toward greater adherence to its obligations under the Convention. The record of the interaction between Bangladeshi NGOs and the government of Bangladesh is a particularly revealing account of a State that initially failed to protect women's human rights but has since responded favorably to activism by women's NGOs.

Bangladesh is a nation fraught with social and economic problems such as low literacy rates, high poverty, and high unemployment. [n89] On top of this already difficult situation, women in Bangladesh have enjoyed little protection of their fundamental human rights and often experience violence and discrimination. [n90] Despite these problems, for a number of years, the State failed to take any steps to ensure the rights of women or to abide by its obligations under the Convention.

In 1993, Bangladesh presented its Second Periodic Report [n91] ("Second Report") to CEDAW. The Second Report had numerous mistakes and gaps. [n92] Its structure and scanty length might have led one to question how seriously the government of Bangladesh took its responsibility to women's equality. While the government admitted that women in Bangladesh were discriminated against by their parents, husbands and sons, and by cultural and social norms, there seemed to be little consideration of the causes of and solutions to discrimination against Bangladeshi women.

By contrast, the combined Third and Fourth Periodic Report [n93] ("New Report"), presented to CEDAW in July 1997, was a dramatic improvement. After the presentation of the Second Report, CEDAW had urged the government to "improve its reporting procedures by seeking technical assistance in preparation of the report and by providing more detailed information in its third periodic report." [n94] Not only is the New Report written in accordance with Article 18 of the Convention, but there [*147] is also an analysis of the situation of women under all of the Articles of the Convention. [n95]

Significantly, there were changes made in the New Report's preparation process, notably the involvement of representatives of women's NGOs. [n96] This involvement had both national and international aspects. The global women's movement and national women's NGOs worked, and continue to work, hand in hand to improve Bangladeshi women's lives.

The changes in the government's approach to women's human rights and in its preparation of the New Report leads one to inquire into the reasons for these changes: What factors propelled the government of Bangladesh to be more responsive to women's issues under the Convention? Understanding these factors may enable women's rights activists to more successfully advocate within other States for greater responsiveness to the Convention as well. This Part analyzes the changes that have led to and occurred in the New Report and in the government's attitude toward its international obligations, and also assesses the involvement of women's NGOs as a factor in such changes.

A. The Second Report: Bangladesh's Noncompliance with Its Convention Obligations

Bangladesh's Second Report failed to provide adequate information on the human rights situation of Bangladeshi women. The report purported to examine the legislative and administrative measures adopted in relation to Article 16 of the Convention, ignoring the other fifteen substantive articles. [n97] Overall, the report, a short thirteen-page description of women's status in Bangladesh, did not address most of the provisions of the Convention. It did not meet the guidelines outlined in Article 18 of the Convention nor did it meet the 1988 Guidelines that were issued by CEDAW at its seventh session. [n98]

First, Bangladesh's Second Report, with mostly outdated statistics, did not comply with provision 2 of the CEDAW guidelines. [n99] The introduction to the Second Report gave a very brief list of gender-disaggregated statistics in the areas of labor force participation, literacy, educa [*148] tion, life expectancy, and political participation. [n100] The statistics were somewhat useful in depicting women's lower status in society and women's participation in the aforementioned areas, but were also incomplete since they only provided information from 1974 to 1985 (the report was presented in 1993). In addition, while some of the legal measures adopted were mentioned, the report did not include the information and specifics requested in the Guideline's provision 3(b)-(e). [n101]

CEDAW pointed out some of the problems of the report, including the fact that the guidelines regarding report form and content were not followed. CEDAW stated:
When the initial report of Bangladesh was presented, many questions were posed to its representative. Some of those were answered immediately but many were left unanswered on the basis that the second periodic report would provide the information needed. Generally speaking, the unanswered questions have not been commented on in the second periodic report. [n102]

The lack of adequate information was apparent in the questions posed by CEDAW to the government. While commending Bangladesh on enactment of laws to prevent violence against women, the Committee asked the government representatives about the extent to which the problem of violence against women contributed to Bangladeshi women's lower life expectancy, but received no adequate response. [n103] Such a question was particularly significant, in light of information given to CEDAW by NGOs that revealed that women are more likely to die from violence than die in childbirth. [n104] Yet, violence as a contributing factor to women's lower life expectancy was not addressed in the report.

Another problematic aspect of the Second Report was an apparent lack of understanding of the Convention. [n105] The critical articles of the [*149] Convention were never mentioned. Instead of detailing the measures required by the Convention, the report made broad generalizations such as: "The Government of Bangladesh has enacted and amended various necessary laws. These are in conformity with the provision of the U.N. Convention on the Elimination of All Forms of Discrimination Against Women and the U.N. Decade of Women." [n106] There was no mention of what these necessary laws provide nor how they conform with the Convention.

The report also failed to address legal discrimination against women in Bangladesh. During the government's report to the Committee, the Bangladeshi government representatives admitted to discriminatory provisions in Bangladesh's personal laws. [n107] Questions posed by CEDAW in response to the Second Report highlighted some of the other discriminatory aspects of the law. [n108]

Bangladesh made some other major omissions in the Second Report. First, there was little mention of the role of NGOs or women's NGOs in attempting to aid women in Bangladesh. Second, the issue of Bangladesh's reservations to the Convention was not addressed. [n109] As is [*150] clear from the questions and concerns of CEDAW, this was a major omission by Bangladesh and perhaps best demonstrated its lack of understanding of its obligations under the Convention. In its response to the Bangladesh report, CEDAW stated:
While the Government of Bangladesh ratified the Convention making reservations to articles 2, 13(a) and 16, paragraphs 1(c) and (f), during the presentation of its initial report, at the sixth session of the Committee in 1987, members had consistently questioned the need to retain the reservations to article 2. Members asked the Government to study article 2 with a view to including in its subsequent reports its comments on the legislation or other structures that were preventing it from implementing that article fully. The second periodic report of the Government of Bangladesh makes no comment on the reasons for retaining this reservation and it has not been withdrawn. [n110]
The response of the Bangladeshi government to CEDAW's concerns about reservations was that the provisions of Articles 2 and 16 of the Convention could not be adopted because they involve religious practices; these reservations thus allowed continuing discrimination. This alleged inconsistency between Islam and Articles 2 and 16 of the Convention [n111] was not addressed in the government's report.

While in its Second Report Bangladesh claimed to have demonstrated its commitment to improving women's status and ensuring a move toward women's equality, it was not apparent that the State had a full understanding of this commitment. The fact that Bangladesh had been weak in protecting human rights, mainly due to poverty, was apparent. However, particular barriers within the State structure that could hinder women's rights were not acknowledged. While Bangladesh was frank concerning some problems facing its women, the majority of problems faced by Bangladeshi women were largely ignored.

B. The Process of Change

Following the Second Report and in line with preparations for the Fourth World Conference on Women [n112] ("Beijing Conference"), women's NGOs in Bangladesh stepped up their efforts to hold the govern [*151] ment accountable for its obligation to protect women's rights. [n113] Bangladeshi women's NGOs involvement in monitoring their government began during preparations for Beijing and continued up until the preparation of the New Report. Moreover, even after the preparation of this report, women's NGOs in Bangladesh have continued to pursue progress in women's human rights. [n114]

1. The Pre-Beijing Movement. - In preparation for Beijing, women's organizations in Bangladesh formed an NGO preparatory forum in November 1993. [n115] The preparatory forum consisted of an extensive multi-pronged mobilization process, including three major activities. [n116] First, a series of workshops on the Convention and women's human rights were held at both the local and national levels. [n117] All of the workshops extended invitations to the government of Bangladesh in the hopes of building an interactive process in which both civil society and the government could become sensitized to women's issues. [n118] Second, newsletters about women's human rights were written by the Bangladeshi NGOs and widely distributed around the country. [n119] Third, a media campaign was conducted both to sensitize the media and to allow women activists to write articles for the newspapers. [n120]

With concerted activities, women's NGOs in Bangladesh were able to assert some influence over the government in the government's prepara [*152] tion for Beijing. [n121] While the government's preparation for Beijing was weak, effective mobilization by the Bangladeshi NGOs put them in a strong position to build a mechanism to hold the government account able for protecting and guaranteeing women's rights. [n122] Many national women's NGOs, such as Naripokho, [n123] reached out to local women's organizations around the country. Activists at the national level who became involved in preparations for the Beijing Conference felt that their involvement afforded them greater legitimacy and thus an opportunity to reach local-level women's organizations, many of which were long ignored in their struggles for improved human rights. [n124]

2. Beijing and After: A Catalyst for Change. - The Beijing Conference was an important turning point for women's human rights generally, and particularly for the rights of women in Bangladesh. [n125] Beijing impelled both the government and women's NGOs to step up their actions to help women. According to the Secretary of the Ministry of Women and Children's Affairs (MOWCA), Beijing made a significant impact on Bangladesh because it mapped the Bangladeshi context so closely - the issues identified in the Beijing Platform for Action [n126] in fact matched [*153] many people's perceptions about women's human rights in Bangladesh. [n127]

Following Beijing, Bangladesh's government began to formulate a National Action Plan (NAP) [n128] in order to implement both the commitments made under the Beijing Platform and those made under the Women's Convention. [n129] According to the Beijing Platform, governments have the primary responsibility for implementing measures to protect women's human rights:
Governments have the primary responsibility for implementing the Platform for Action. Commitment at the highest political level is essential for its implementation, and Governments should take a leading role in coordinating, monitoring and assessing progress in the advancement of women. The Fourth World Conference on Women is a conference of national and international commitment and action. This requires commitment from Governments and the international community. The Platform for Action is part of a continuing process and has a catalytic effect as it will contribute to programmes and practical outcomes for girls and women of all ages. States and the international community are encouraged to respond to this challenge by making commitments for action. [n130]

The governments' commitments for action were to be detailed in national plans of action:
As soon as possible, preferably by the end of 1995, Governments, in consultation with relevant institutions and non-governmental organizations, should begin to develop implementation strategies for the Platform and, preferably by the end of 1996, should have developed their strategies or plans of action. This planning process should draw upon persons at the highest level of authority in government and relevant actors in civil society. These implementation strategies should be comprehensive, have time-bound targets and benchmarks for monitoring, and include proposals for allocating or reallocating resources for implementation. Where necessary, the support of the international community could be enlisted, including resources. [n131]
[*154]
In order to develop the NAP, MOWCA was appointed as the coordinating ministry. [n132] The Department of Women's Affairs also took the initiative to follow up the commitments made at Beijing. [n133] While MOWCA established an interministerial task force ("Task Force"), the Department of Women's Affairs established a working group called the Core Group to aid the Task Force in formulating a national action plan to implement the Beijing Platform. [n134] The importance of the Task Force and the Core Group lay largely in the fact that they were comprised both of representatives from the government departments and of Bangladeshi women activists. [n135] Due to the greater flexibility of NGOs in getting projects started and their greater access to local communities, MOWCA felt that NGOs should play and had been playing the most significant role in promoting women's rights. [n136]

The Core Group worked with MOWCA to formulate a preliminary NAP. [n137] "A synthesis document of various pre-Beijing consultations, especially by [NGOs] ... was prepared and used for sectoral reviews and planning exercises with various line ministries of the Government." [n138] A national meeting which included debriefing of all the government ministries on the Beijing Platform and its relevance to particular ministries was held in May 1996. [n139] This was the largest gathering of ministers [*155] and ministries at a government meeting ever, indicating interest on the part of the different ministries in learning about Beijing and women's issues. [n140]

Sectoral assessment began in August 1996 with identification of thirteen priority ministries. [n141] Keeping in mind the Beijing Platform and the mandate and the capacity of each Ministry, sectoral teams identified the relevant sections of the Beijing Platform for each Ministry and reviewed the Ministries' activities, programs, policies and budget allocations to identify the modifications needed to accomplish the strategic objectives outlined in the Beijing Platform. [n142] Resource, personnel, and time requirements were noted, as were changes in institutional structure and mandate. [n143]

The composition of the sectoral review teams was significant. Those involved in government, particularly bureaucrats from the actual ministry responsible for carrying out proposed initiatives, were an integral part of the process. [n144] In fact, the NAP was drafted by a wide variety of actors, including MOWCA, NGOs, the NGO Preparatory Committee for the NGO Forum for Women, the Planning Commission, and thirteen government ministries (Agriculture, Education, Environment and Forestry, Fisheries and Livestock, Health and Family Welfare, Home Affairs, Industry, Labour and Manpower, Social Welfare, PMED, Home Affairs, Law, Justice and Parliamentary Affairs). [n145] The participation of members of women's organizations, human rights groups, research organizations, professional associations, and the private sector was especially cultivated in order to ensure the most diverse input into the assessment process. [n146] This was an important means not only of involving the ministries fully in the formulation of the NAP, but also of maintaining contact between the ministries and outside experts. Such collaboration was critical because it better secured a real commitment to the implementation of the NAP both on the part of activists and on the part of the government. [n147]

[*156] 3. The Preparation of the New Report. - The implementation of the NAP was also connected to the implementation of Bangladesh's obligations under the Convention. The significance of the NAP to the New Report was twofold. First, the process of the development of the NAP was crucial to the development of the New Report and to greater cooperation between Bangladeshi women's NGOs and their government, particularly MOWCA. Second, the NAP was important as a measuring stick to gauge how seriously the government intended to narrow the gaps (at least in writing) between full compliance with the Convention and actual achievements that were highlighted in the New Report. [n148]

Building on the NAP process, MOWCA, for the first time, formed a committee to guide the preparations of the New Report ("Report Committee"). [n149] The Report Committee included not only personnel from the government but also three prominent activists from the women's movement in Bangladesh. [n150]

Those in the government, particularly in MOWCA, who had been exposed to women's NGOs, had begun to count on NGOs to help them do their work. [n151] The actual report was written with the aid of two consultants hired by MOWCA and the Report Committee. [n152] The primary [*157] consultant, Ms. Maheen Sultan, was also involved in formulating the NAP. [n153] Also, both consultants had been involved in women's NGOs in Bangladesh. The arrangements for preparing the New Report, therefore, were a continuation of the collaboration between women's NGOs and the government that had been recently formed during the development of the NAP. [n154]

Not only were women's NGOs involved in the preparation of the report, but they were also involved with CEDAW's analysis of the report. International Women's Rights Action Watch-Asia Pacific (IWRAW-AP), for example, had formed a strong bond with activists from Bangladesh, which therefore increased their access to the UN system. [n155] Prior to the presentation of Bangladesh's report in July, IWRAW-AP had organized a group of Bangladeshi women to attend the January 1997 sessions of CEDAW so that they could effectively lobby the Committee and present committee members with accurate accounts of the situation of women in Bangladesh. [n156] These activists were again present at the July 1997 CEDAW sessions, providing the Committee with information that highlighted missing aspects of the official report. [n157]

In addition to analyzing interaction between the government and national women's NGOs, it is important to document the role that the relationship between domestic women's NGOs and transnational women's NGOs played in the changes that occurred in Bangladesh's reporting process to CEDAW. The mutually interactive process that took place between CEDAW, Bangladeshi women activists, and transnational women's NGOs could be the beginning of a new era in the enforcement of the State's international obligations. [n158]

C. Results: The New Report and Its Lessons

The results of the process described above are pronounced. Not only has a culture of cooperation and information-sharing developed be [*158] tween the Bangladeshi government and women's NGOs, but the result of this cooperation was a New Report that actually presented a more factually accurate and fair account of the status of women's human rights in Bangladesh. Moreover, further efforts to advance women's human rights have been made and are continuing since the completion of the 1997 report - evidence of the tangible benefits of increasing cooperation between governments and women's NGOs.

1. The New Report. - In a dramatic improvement, Bangladesh's New Report was written in compliance with Article 18 of the Convention and the guidelines established by CEDAW. [n159] Qualitatively, it is a tremendous improvement over the Second Report, both with respect to the information provided and the analysis undertaken. In addition, the report is well-organized and fact-intensive. [n160]

The report is divided into three major sections, beginning with a background section on Bangladesh and the status of Bangladeshi women, which attempts to present the multi-faceted factors that have led to violations of women's rights. The second section of the report presents a progress report on Articles 2 through 16 of the Convention. The third section of the report is about measures taken by the government to implement the Beijing Platform.

The government admits that "traditional cultural, social and religious values and practices have reinforced the lower status of women accorded to them in society and have limited their opportunities for education, technical and vocational training, employment and participation in the overall development process." [n161] Moreover, the report presents the disparate effects on women of situations such as poverty. While poverty negatively affects all, it has a particularly pronounced effect on women because they bear a disproportionate burden from having to manage both the household production and consumption more often than men. [n162] The report also notes that the role of women should not only be conceived of in economic terms, but also in terms of education, training and job opportunities, income, employment, assets, health, and the role they play in the family and in society. [n163] Also, as required by CEDAW, there are current (1990-1996) sex-disaggregated statistics on women. [n164] [*159] The report's approach is not only to present the statistical data but also to present some of the factors that have led to the results. [n165]

Discussion of Articles 2 through 16 emphasizes new legal measures, policies, and programs to eliminate discrimination against women, as well as remaining obstacles to achieving women's equality, including reservations to the Convention. Bangladesh has reservations to Articles 2, 13(a), 16(1)(a) and 16(1)(f), but all of the reservations made to the Convention by Bangladesh are under review by MOWCA. [n166] Regarding reservations, the New Report states:
[T]here have been many recent case[s] ... where the higher judiciary is upholding, protecting and defending the Constitution ... restricting the scope and application of laws that are inconsistent with the Constitution and therefore deemed to be automatically void. Articles 16(1)(c) and 16(1)(f) are specific areas of discrimination that are highlighted and the general provisions of equality before the law both under Article 2 of CEDAW as well as Article 27, 28, 29 and 31 under the Constitution, are wider in their application and scope, thereby encompassing the more specific articles. In addition, it is also to be noted that in respect of inheritance rights, Bangladesh has also committed itself to Article 247(d) of the PFA as adopted in the Fourth World Conference on Women. Therefore the obligation under Article 16(1)(f) is not new.
Since the obligations implied in the Articles 16(1)(c) and 16(1)(f) are less than the full constitutional obligations and mandate, when Bangladesh removes all reservations the State will not be undertaking any new obligations or mandate. [n167]
Thus, the New Report surprisingly admits the incompatibility of the reservations made to the Convention with the provisions in the Constitution and also with Bangladesh's other international obligations. [n168]

[*160] In Bangladesh, major obstacles exist to carrying out even the basic fundamental rights guaranteed to women under Article 2. The report mentions obstacles in the government system and obstacles in society in general:
Although the Government is determined to take steps to eliminate discrimination against women through legal measures, women cannot even enjoy those rights provided by existing laws due to the lack of enforcement. The disparity ... arises partly from the lack of knowledge ... about internationally and nationally recognized women's rights and the lack of commitment by the judiciary and law enforcement agencies. [n169]
Furthermore, procedural rules also make it difficult for women to demand their rights. [n170]

The most significant difference between the Second Report and the New Report is the change in the understanding of the State's responsibility. While the State's responsibility was weakly acknowledged in the Second Report, in the New Report there seems to be a greater understanding of Bangladesh's obligations to women's human rights under the Convention. For example, the report candidly states: "Bangladesh is committed to its international treaty obligations and the guarantees of equality between men and women and of non-discrimination against women contained in the U.N. Charter, the Universal Declaration of Human Rights and other international instruments." [n171] Rather than making blanket statements regarding the degree to which Bangladesh has complied with the Convention, the New Report acknowledges the country's weaknesses and lays out a plan of action for its future.

Throughout, the New Report expresses the State's determination to take action to achieve full compliance with the Convention. For example, concerning dissemination of information about the Convention, it states: "The Government is responsible for the dissemination of information on various human rights instruments and the legal provisions on human rights that have been ratified." [n172] While some human rights instruments such as the Convention have been translated into Bangla, the New Report admits that the translation and dissemination of such instruments had been done by NGOs and that its own efforts so far had been limited and inadequate. [n173]

In the New Report, recognition of Bangladesh's weaknesses in implementing the Convention includes an understanding of the need for NGO involvement and help. The report acknowledges the efforts of NGOs in preparing for the Beijing Conference, in discussing the Convention, and [*161] in reviewing reservations to the Convention. In addition, the importance of NGO-aided training in the institutionalization of gender training has been accepted. [n174] As the report recognizes, gender sensitization with the help of NGOs "will be an important means of changing attitudes toward women within the Government and thereby changing the approach of various policies, programmes and projects." [n175] Furthermore, the advocacy that has been undertaken by women's organizations has been acknowledged by the government as making it more conscious of various violence-related issues. [n176]

The New Report also cites the success of the NGOs in their direct efforts at community outreach. The activities of NGO initiatives that have created employment opportunities for women, particularly rural and poor women, are detailed in the report. NGOs have been significant in supplementing the government's efforts at socio-economic development. The report states:
The importance and contribution of NGOs in national development is well recognized and the Government seeks to utilize their services in a coordinated way. About 18,000 NGOs are playing a creative and innovative role in improving the conditions of the poor and disadvantaged. [NGOs] are also involved specially in technology dissemination and training of target groups. Some of these NGO programmes have made marked contributions towards poverty alleviation. [n177]
As can be seen from the above statement, the process of collaboration between the government and NGOs that began in 1993 has led to an increase in the government's recognition of its obligations under the Convention and to efforts to comply with the Convention through better reporting and through measures to advance women's human rights. [n178]

2. Results. - The New Report was formulated with the vision of guaranteeing women equal access to opportunities and full enjoyment of their human rights in order to realize the goals of equality, participation, and sustained development. A number of positive results came about after the preparation and presentation of the New Report; this section will discuss a few of the changes that have taken place. This is, however, just a beginning for implementation of the Convention and for guaranteeing the rights of women.

Violence against women has been recognized in the New Report as a social and cultural pattern of conduct that is based on the view of women as inferior. [n179] Thus, MOWCA has begun to prepare an integrated project [*162] to address violence against women, involving the judiciary, the police force, the medical community, and the media. [n180] Efforts such as this evidence an increased awareness, at least on the part of some in the government, of the barriers to equality that arise from violence against women, and a greater sense of accountability for the advancement of women's human rights.

Under Article 7 of the Convention, States are obliged to eliminate discrimination against women in political life and to allow women to be eligible for election and to hold office on an equal basis with men. [n181] Bangladesh has taken two important steps toward fulfilling these obligations. First, thirty of the 330 parliamentary seats have been reserved for women. [n182] Second, an important step toward women's political participation was made in 1997 when, for the first time, the government allowed women to run directly for office, especially in the important local government (union council) elections. [n183] Turnout of women voters in these elections, held in December 1997, was unprecedented. "The provision of direct election for women has injected a sense of self-respect and self- confidence among them in running the day to day activities of union councils ... their views will be heard with respect." [n184] Furthermore, NGOs have also taken part in the process to increase women's political power:
Proshika, one of Bangladesh's largest NGOs ... will be organizing month-long training courses from mid-February for the newly elected women council members. The courses are to be held at the seven divisional headquarters of the country, with financial help from UNICEF, the U.N. children's agency.
[*163] The women will be trained to become efficient council members: how to deal with the federal government, scrutinise government and NGO development initiatives, tax imposition and realization, arbitrating in small disputes, and maintenance of law and order.
With women constituting a third of union council members across the country, a quiet revolution has taken place in Bangladesh. [n185]

The government has also made efforts to increase women's reproductive rights. With the help of NGOs, Bangladesh has been rather successful in its family planning program. [n186] Every month, the government spends almost $12 million on its birth control program. [n187] Furthermore, it "has trained nearly 25,000 family welfare assistants to take the contraception message to every village home. Their work is supervised by some 4,500 family inspectors, and as many family welfare visitors, who are volunteers." [n188] The National Population Council, headed by the Prime Minister, formulated the government program in order to help women who desired to have smaller families. Under the Bangladesh Integrated Nutrition Program (BINP), the government has also been providing food supplements to women and children in the hopes that "the BINP will increase the child survival rate in Bangladesh, which in turn will lead to improvements in women's health and lower birth rates." [n189]

Another important step came about during the presentation of the report to CEDAW in July 1997: Bangladesh withdrew its reservations pertaining to Articles 13(a) and 16(1)(f) of the Convention. [n190] However, Bangladesh still maintains its reservations to Articles 2 and 16(1)(c) of the Convention. [n191] This was quite a disappointment to women activists [*164] who see Article 2 as an integral aspect of State obligations under the Convention. [n192]

There is still a lack of full commitment by the State to eliminate all forms of discrimination against women. This was evident when the large Bangladeshi government team presented the New Report to CEDAW in July 1997. [n193] One member of the team made clear that Bangladesh's government would never change personal laws in the country, despite the discriminatory aspects of the personal laws. [n194] Therefore, women's NGOs must continue their struggle to pressure the government and all of its different ministries to eliminate discrimination against women.

There are two major reasons for the disparity between the commitments to women's rights that Bangladesh professed in its New Report and its failure to follow up on these commitments when it presented the report. The first reason is political. While MOWCA is one of thirteen government ministries, it does not have the same power and political clout as, for example, the Law Commission, one of the most important ministries in Bangladesh. [n195] In essence, MOWCA is just a catalyst in the process of changed government policies toward women. MOWCA did not have a political mandate from the other ministries to make all of the com [*165] mitments that it made in the New Report. [n196] Neither MOWCA nor the NGOs who worked with it on the report mobilized the necessary internal political support and political pressure on the different government ministries to hold them accountable for the newly expressed commitments to women's rights. As many women's NGOs have realized, getting standards for women's human rights implemented at the local level is not just a matter of treaty law and international legal obligations of States, but is rather a matter of mobilizing the State's political will and capabilities. [n197]

The second reason for the disparity, which is closely related to the first, concerns the relationship formed in Bangladesh between MOWCA and women's NGOs. The New Report, while approved by a government ministry (MOWCA), was written by members of women's NGOs. [n198] In its criticism of existing government policies and lack of enforcement of the Convention, the report at times seems to resemble more an NGO report than a government report. n199 However, when working with governments, NGOs must also keep their separate identities and still monitor the State's real commitments to women's human rights. [n200] Thus, they must play roles both within the system and outside of it.

Even prior to the reporting in July, it was clear that Bangladeshi NGOs were not necessarily convinced by the government's pronounced commitment to the implementation of human rights standards. [n201] In fact, disturbingly, the attitude of some in the government was that it is the government's task to formulate policy in this area while NGOs are the [*166] actual implementers of these policies. [n202] However, under the Convention, the State is obligated both to formulate policy and to implement that policy. [n203] While NGOs can be helpful allies, they are not the ones with the primary responsibility to abide by a State's treaty obligations. They must be careful not to become a parallel State.

Maintenance of Bangladesh's reservations to Articles 2 and 16(1)(c) highlights the problems that are yet to be addressed by both NGOs and the government. The process that took place between 1993 and 1997 was a significant step in advancing women's human rights, but it will not have its full intended effect without further action by all sectors of the government.

III. THE ROLE OF NGOs IN THE CEDAW SYSTEM

The progress of Bangladeshi NGOs in enforcing their State's obligations under the Convention was due in large part to the mutually interactive process between their work and the work of international women's organizations. While Part II concentrated on the role of domestic NGOs, this Part addresses the role of international NGOs in implementing the Convention.

Women are conscious of the fact that their interests find little specific recognition in the doctrines and institutions of the international legal system and international relations. While women have not been necessarily ignored, they have been spoken for by men and by agencies and institutions that have catered to men's interests and that men have dominated. "The invisibility of women to States has led to their mutual alienation. States do not usually seek a woman's perspective in policymaking, and women often do not rely on or trust States to serve their interests." [n204]

Even modern international human rights law, which claims to protect women's human rights, fails to fully incorporate women's voices and secure women's rights. Women's grievances frequently go unheard because women are often denied a voice before an audience that is capable of advancing international human rights law. [n205] Women's NGOs therefore play an important role because they allow women to have their voices heard in the international community:
Momentum for the development of women's rights is coming from the rising generations of women who are aware of their marginalization and their entitlement to equality. The educational function of international human rights instruments is two [*167] fold: they advise the powerful regarding their duties, and educate those unaccustomed to power of their rights and means to enforce them .... Enforcement of instruments like the Women's Convention depends both on monumental combat before high tribunals and on the individual's assertions of her rights. [n206]

The Convention does not have any explicit provision for NGO input or involvement in the enforcement of women's rights. [n207] CEDAW, however, has attempted to open NGO access to its proceedings and has welcomed input from NGOs. [n208] CEDAW has recognized that NGOs have a wealth of information available to them and can often contribute accurate data about the status of women in the States Parties.

International and national NGOs have for some time provided information to CEDAW. Some NGOs, such as International Women's Rights Action Watch, have directly provided CEDAW with alternative reports. [n209] Alternative reports not only provide CEDAW with needed independent information from which to question States Parties, but, for many local NGOs, alternative reports "are also useful tools for educating the public, building coalitions, strengthening their own methods for holding the government accountable for rights violations, and influencing policy or law reform." [n210] Ideally, the preparation of alternative reports should contribute to initiatives and coalitions for women's human rights, while the actual reports contribute to the work of CEDAW in promoting women's human rights.

The receptivity of CEDAW to NGO involvement has increased in its most recent sessions. While CEDAW has yet to institute a formal process for working with representatives from NGOs, CEDAW members have been very accessible to NGOs and have shown an intense desire to receive information from them such as alternative reports about reporting States. [n211] At its 16th Session in January of 1997, the Committee decided that the U.N. should facilitate informal meetings where NGOs could offer information on the reporting countries. [n212] Two informal meetings were [*168] scheduled during the 17th Session of the Committee in July of 1997. [n213] At the commencement of the 16th Session, the Director of the United Nations Division for the Advancement of Women (DAW), Angela King, acknowledged NGO presence, stating:
The Committee will be taking up the important question of relations with non-governmental organizations during its present session. The Secretariat has prepared a thorough review of the experience of other treaty bodies in this regard. I am pleased to note that UNIFEM and International Women Rights Action Watch (Asia/Pacific) have made it possible for a number of NGOs to attend this session of the Committee .... We would therefore like to suggest that the Committee consider holding an informal joint meeting of its two working groups with interested NGOs .... [n214]
At the conclusion of CEDAW's session in July 1997, Angela King said there was a revolution in CEDAW's approach to NGOs and their contribution to its work. [n215] CEDAW decided that "it would ... welcome the input of [non-governmental] organizations.... Their role in the process should be acknowledged and their interaction with the Committee should be formalized." [n216]

As evidenced by the Bangladesh case study, NGO participation in the reporting process is an important factor in inducing States to comply with their obligations under the Convention. Although the reporting process is far from perfect, the process of reporting and its effects do influence States when their citizens and others in the international community, such as international NGOs, take note of the proceedings, monitor how the State is perceived internationally, and apply pressure to the government to improve its international image by enforcing the Convention. [n217] The Committee also promotes this phenomenon:
[*169] CEDAW will seek information on the role of NGOs in the preparation of the report, whether the Convention and the obligations that it creates are widely known in the country and whether it has been translated into any local languages. CEDAW will usually ask whether people at the local level have been made aware of the contents of the report and if the report itself has been made widely available and translated into any local languages. [n218]
CEDAW's encouragement of participation by non-government actors is crucial in giving an opportunity to women's NGOs to participate in the enforcement of the Convention.

Women's NGOs are also a valuable source of reliable information, especially when presenting alternative reports that tend to be more objective and substantive than those submitted by the States. [n219] They have greater contact with the local population and the least empowered groups of women, people whom the Convention was designed to reach. The involvement of women's NGOs makes the Convention and CEDAW's existence better known, empowering women by making them more aware of their rights and their State's obligations. Southard correctly states that
with no mandate to include women in the process of implementing [the Convention], the decision-makers in the States Parties to [the Convention] will most likely continue to think about women in the same old ways. Change will definitely not be effective if women are not included in the formulation of change .... [n220]

For the past four years women's NGOs have made a pronounced effort to have their voices heard in the UN system and in the international human rights community. [n221] Women's NGOs have increased their work [*170] in regard to the CEDAW process and have made concerted efforts to be a constructive and powerful part of the enforcement of the Convention.

A very effective campaign has been the one that is being implemented by IWRAW-AP and UNIFEM. [n222] IWRAW-AP and UNIFEM had arranged for representatives from national women's NGOs, including Bangladeshi women, from the States presenting reports to the Committee that year to attend the January 1997 CEDAW sessions. Again in January 1998, IWRAW-AP and UNIFEM, one week prior to the CEDAW sessions, conducted a training seminar for 25 women from national NGOs, educating them about the Convention, State obligations to implement and enforce the human rights of women, equality and non-discrimination, the UN human rights system, treaties under international law, and how to lobby within the UN system, specifically lobbying CEDAW. [n223] During the January 1998 sessions, the working groups of CEDAW, which are smaller groups of CEDAW members who review State reports and compile questions to ask of the State representatives, met with representatives from NGOs and used the NGO alternative reports as guidelines for the questions they posed to the State. [n224]

The women from the national NGOs, who had observed the CEDAW sessions, especially their own country's presentation, were able to make informal contacts with Committee members and with other NGOs, to observe the dialogue between CEDAW and the governments and to observe the development of the concluding comments. [n225] The national activists who attended this training found it integral to their work in helping to enforce the Convention in their States. [n226] An NGO representative from Morocco found that the training session allowed her to approach her government, with which she had no previous direct contact, and to arrange a follow-up meeting: "She felt strongly that this approach validated her work and the work of the NGO coalition and would strengthen their ability to approach the government on their return [home]." [n227]

The IWRAW-AP and UNIFEM campaign has attempted to overcome the problems of the Convention-dictated enforcement mechanisms that were discussed in Part I.D. The idea that women's NGOs could impact the treaty system has been a major impetus for the program sponsored by these two organizations. [n228] Another reason for the program was "the extent to which CEDAW as a Committee lagged behind the Geneva-based treaty bodies in developing formal or informal links with NGOs, both as sources of independent information and as constituents whose efforts [*171] strengthen women's human rights promotion at the national and international levels." [n229]

Cooperation between national NGOs and international NGOs can lead to effective methods to have their voices heard both by CEDAW and by their governments. [n230] As it did in the case of Bangladesh, such cooperation can lead to greater compliance by governments with obligations to protect and promote women's human rights. The contact between CEDAW and both national and international NGOs must continue if women's rights are to be protected. NGOs have the ability to bring to the women's rights treaty system well-documented fact-based information combined with honed legal analysis that addresses the concerns expressed in the Convention. [n231] The Committee itself, too, must work internally to overcome its weaknesses, including its limited meeting time and weak powers to comment on State actions or reprimand States. NGOs can be important allies for CEDAW as it battles these problems.

CONCLUSION

Despite growth in the protection of human rights, violations of women's human rights continue. Therefore, it is increasingly important to take all necessary steps to eliminate discrimination against women. The Women's Convention is the most important legal tool available to help alleviate problems faced by women globally. One hundred and sixty States have ratified the Convention, taking on an international treaty obligation to protect and promote women's human rights, which if fully implemented could have sweeping ramifications for the lives of women throughout the world.

The implementation of the Convention, however, has been problematic. States have often ignored their human rights treaty obligations. But recently, there has been a concerted effort to increase State accountability. Alice Miller correctly states that
there is a great interest among local and national women's groups in using the treaty system for human rights protection, much of it emerging from the explosive growth of human rights as the language of empowerment for women in all regions and stoked by the dramatic priority given to it through the world conferences. [n232]
[*172] International human rights treaties, such as the Convention, can empower women to demand their rights, and can be used to hold governments accountable for the protection of human rights.

NGOs may learn from the experience of women's NGOs in Bangladesh that empowered themselves to demand their rights. That case study shows the benefits of a savvy strategy to increase cooperation between non-governmental and governmental entities, thus increasing NGO access to positions of power. The Bangladesh case study shows a maturation in the way women's organizations worked with the government. Women's NGOs in Bangladesh understood the need to be both in the State and in the streets as grassroots activists. [n233] However, as the setbacks in Bangladesh illustrated, it is also important for NGOs to recognize the limitations of the State. As they cooperate with the State, they must also present themselves as a political constituency that cannot be ignored.

It is the limitations of the State that make it crucial for national and international women's NGOs to work together in order to focus greater attention on women's human rights and in order to bring greater pressure on States Parties to abide by the Convention. International women's NGOs can and have created the process by which change can be effected. Through concerted action they have created a fertile field in the CEDAW system for the inclusion of the voices of women's NGOs. Most significantly, women have developed an enforcement mechanism for the Convention when no real mechanism was provided for them, thereby carving out a role for themselves in the international legal community that has been denied to them for so long.

ENDNOTES

n1. See generally Murtaza Mandli-Yadav, Rights: U.N.'s Mixed Findings on Progress For Women, Inter Press Service, July 13, 1998, available in 1998 WL 5988245. The author was an intern at International Women's Rights Action Watch-Asia Pacific during the summer of 1997. This Note developed from work done during the internship.

n2. Just one example of extreme abuse and oppression of women is the treatment of women in Afghanistan by the Taliban. Afghan women, who must always be shrouded in the head-to-toe covering of their burqa, are not allowed to work, to leave their homes unless accompanied by a male relative, or to go to school. These hardships on Afghan women are further exacerbated by the fact that years of violent fighting in Afghanistan have left tens of thousands of women without husbands or male relatives. See Kathy Gannon, Taliban Rules Weigh on Afghan Women, AP Online, Oct. 12, 1998, available in 1998 WL 21171108; see also EU/Afghanistan: Commission Launches New Initiatives to Help Women, European Report, Feb. 4, 1998, available in 1998 WL 8800436.

n3. U.N. Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature Mar. 1, 1980, 1249 U.N.T.S. 13 (entered into force Sept. 3, 1981) [hereinafter "Convention" or "Women's Convention"]. The United Nations General Assembly in a unanimous vote adopted the Women's Convention in 1979. The Convention entered into force as a binding treaty on September 3, 1981, after ratification by twenty States. As of July 1997, 160 States have either ratified or acceded to the Convention, making it among the international human rights treaties with the most ratifications.See Committee on Elimination of Discrimination Against Women Concludes Seventeenth Session at Headquarters, 7-25 July, Press Release WOM/999, 359th Meeting (pm) July 28, 1997 (visited Aug. 22, 1997) <http://www.un.org./News/Press/docs/ WOM999.html> (on file with the Columbia Law Review)[hereinafter Press Release WOM/999].

n4. Two features of the mainstream human rights movement have been criticized for leading to the exclusion of women's rights. First, the mainstream movement's focus on the universality of human experience has led to a silencing of women's experiences and an exclusion of women's distinct concerns. Second, the mainstream movement's focus on States and the public sphere has pushed aside the private sphere in which women's lives are the most circumscribed and in which their human rights are often violated. In response, the concept of women's human rights arose out of the need for women to argue for the universality of their rights as defined by them, highlighting those aspects of women's experiences which are universal or find their roots in universal patterns of discrimination against women. Cultural arguments should not be used as a barrier for, or as a tool to compromise, women's rights. See Women and Human Rights Internationally: An Exploration of Key Issues, in From Global to Local: A Convention Implementation and Monitoring Workshop (Jan. 1998) (on file with the Columbia Law Review).

n5. See International Women's Rights Action Watch, Assessing the Status of Women: A Guide to Reporting Under the Convention on the Elimination of All Forms of Discrimination Against Women 3 (2d ed. 1996) [hereinafter Guide to Reporting].

n6. See id. at 4.

n7. See, e.g., Sara Hossain, Equality in the Home: Women's Rights and Personal Laws in South Asia, in Human Rights of Women: National and International Perspectives 465, 470-78 (Rebecca J. Cook ed., 1994) (showing how reservations to the Convention and the continued existence of discriminatory domestic legislation undermines enforcement).

n8. See infra notes 56-59 and accompanying text.

n9. Women's non-governmental organizations (hereinafter referred to as women's NGOs) are organizations, working at the international and national level, that are engaged in the protection of human rights for women. Generally, human rights NGOs are defined as organizations which function as unofficial ombudsmen safeguarding human rights against governmental infringement, by such techniques as diplomatic initiatives, reports, public statements, efforts to influence the deliberations of human rights bodies established by intergovernmental organizations, campaigns to mobilize public opinion, and attempts to affect the foreign policy of some countries with respect to their relations to states which are regularly responsible for human rights violations. David Weissbrodt, The Contribution of International Nongovernmental Organizations to the Protection of Human Rights, in 2 Human Rights in International Law: Legal and Policy Issues 403,403-04 (Theodor Meron ed., 1984).

n10. See infra Part II.

n11. See generally U.N. Charter art. 1, para. 3; Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. GAOR, 3d Sess., U.N. Doc. A/81 (1948) [hereinafter Universal Declaration]; Convention, supra note 3.

n12. See generally Convention on the Elimination of All Forms of Discrimination Against Women: Hearing Before the Senate Comm. on Foreign Relations, 101st Cong., 2d Sess. 36 (1990); Report of the 4th World Conference on Women, U.N. Doc. A/Conf. 177/20 (1995) [hereinafter Beijing Platform]; U.N. Development Program, Human Development Report (1995) [hereinafter Human Development Report].

n13. See Ved Kumari, State's Response to the Problem of Rape and Dowry, in Women and Law: Contemporary Problems 104 (Lotika Sarka & B. Sivaramayya eds., 1994). Dowry death is a term for a phenomenon in parts of the world where brides and their families are threatened with violence if they do not pay the increased dowry demanded by the husband and his family. Many young women are burned to death when their families cannot come up with the demanded goods or money. The husband is then free to marry again and collect more dowry from another family.

n14. See generally Violence Against Women: Victims of the System, Hearing before Senate Comm. on the Judiciary, 102d Cong., 1st Sess. (1991); Ramona L. Paetzold & Anne M. O'Leary-Kelly, Organizational Communication and the Legal Dimensions of Hostile Work Environment Sexual Harassment, in Sexual Harassment: Communication Implications (Gary L. Kreps ed., 1993).

n15. See Report of Expert Group Meeting on State Interventions on Violence Against Women, Dhaka, Bangladesh 4 (Sunday 15 June, 1997) [hereinafter Expert Group Meeting] (on file with the Columbia Law Review). While there are a number of reasons why acid is thrown on women's faces, an overwhelming majority of the acid violence cases on women are revenge-oriented. Most victims know their perpetrators. The violators carry an attitude of "ownership" towards the women. When their proposals of marriage and romantic relationship are turned down by women, the response is: "If I can't have you then no one can." (Star Magazine, November 1, 1996). In Bangladesh, the tendency is to aim straight for the women's faces so that they become "marked" for life. Viewing women as objects of possession seem (sic) to be the prime reason behind such vengeful acts. Elora Halim Chowdhury, Transgressive Acts, Heroic Feats, Star Magazine (Dhara, Bangladesh), May 16, 1997, at 7.

n16. See Human Development Report, supra note 12, at 4.

n17. See Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, in Human Rights of Women, supra note 7, at 15-17.

n18. See Guide to Reporting, supra note 5, at 2.

n19. Elizabeth L. Larson, United Nations Fourth World Conference on Women: Action For Equality, Development, and Peace, 10 Emory Int'l L. Rev. 695, 699 (1996) (quoting Rebecca J. Cook, Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, 30 Va. J. Int'l L. 643, 643 (1990)).

n20. See Universal Declaration, supra note 11, at art. 2 ("Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as ... sex ...."); International Covenant on Civil and Political Rights, opened for signature Dec. 16, 1966, 999 U.N.T.S. 171, at art. 3 (entered into force Mar. 23, 1976) [hereinafter ICCPR] ("The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all ... rights set forth in the present Covenant.").

n21. See International Women's Rights Action Watch Asia-Pacific, July 10-13 Conference, Kuala Lumpur, Malaysia, Convention Basics (July 10-13, 1997) [hereinafter July 10-13 Conference].

n22. Convention, supra note 3, at preamble.

n23. Id. at art. 1.

n24. See id. at arts. 2, 16; see also infra note 40 and accompanying text.

n25. See id. at art. 1.

n26. See id. at art. 4 ("Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.").

n27. Article 2 states: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through laws and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protections of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, or organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) To repeal all national penal provisions which constitute discrimination against women. Id. at art. 2.

n28. See id. at art. 2(e).

n29. See, e.g., International Covenant on Economic, Social and Cultural Rights, opened for signature Dec. 16, 1966, 993 U.N.T.S. 3 (entered into force Jan. 3, 1976) [hereinafter ICESCR]; ICCPR, supra note 20.

n30. Article 5 provides that: States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women .... Convention, supra note 3, at art. 5.

n31. See id. at art. 7 (States obliged to eliminate discrimination against women in political and public life of the country and to allow women to vote, to be eligible for election, to participate in the formulation of government policy and to hold office on an equal basis with men).

n32. See id. at art. 8.

n33. See id. at art. 9.

n34. See id. at art. 10. For example, Article 10(c) states that States Parties are to take appropriate measures toward "the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods." Id.

n35. According to Article 11:
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures: (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. Id. at art. 11.

n36. See CEDAW - The Convention at Work, at 4, in July 10-13 Conference, supra note 21. States agree to provide educational information and advice on family planning and to provide women and men equal access to health care. See Convention, supra note 3, at art. 12.

n37. See Convention, supra note 3, at art. 13, which states that:
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural life.

n38. See id. at art. 14, para. 2, in which States are to ensure rural women the right:
(a) To participate in the elaboration and implementation of development planning at all levels; (b) To have access to adequate health care facilities, including information, counselling and services in family planning; (c) To benefit directly from social security programmes; (d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency; (e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self-employment; (f) To participate in all community activities; (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes; (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

n39. See id. at art. 15.

n40. See id. at art. 16. Article 16 is particularly comprehensive in addressing women's rights in the family, stating that:
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount; (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights; (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

n41. See id. at art. 29.

n42. See id. at art. 29(1).

n43. See id.

n44. See Guide to Reporting, supra note 5, at 3. The Vienna Convention on the Law of Treaties, opened for signature May 23, 1969, 1155 U.N.T.S. 331 [hereinafter the Vienna Convention], defines a reservation as a "unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State." Vienna Convention, supra, at 333.

n45. The Vienna Convention, which is accepted as the authoritative doctrine on treaty interpretation, announces the standard of adherence to international treaties. The Vienna Convention states the rule of pacta sunt servanda, making all treaties binding and requiring that parties to any treaty perform in good faith. Vienna Convention, supra note 44, at art. 26, 1155 U.N.T.S. at 339. Thus, States Parties to the Women's Convention have a binding obligation under international law to carry out the Convention's provisions.

n46. See Convention, supra note 3, at art. 18.

n47. See id.

n48. See id.

n49. See id. at art. 17. The members of the Committee are nominated by States Parties. See id.

n50. See Julia Ernst, U.S. Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, 3 Mich. J. Gender & L. 299, 307 (1995).

n51. See Convention, supra note 3, at art. 21.

n52. Id. at art. 17(1).

n53. See id.

n54. See id.

n55. See id. at art. 18.

n56. Opened for signature Mar. 7, 1966, 660 U.N.T.S. 195.

n57. Opened for signature Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988), 1465 U.N.T.S. 85 (entered into force June 26, 1987).

n58. See Optional Protocol to the International Covenant on Civil and Political Rights, adopted Dec. 19, 1966, 999 U.N.T.S. 302.

n59. See Julie A. Minor, An Analysis of Structural Weaknesses in the Convention on the Elimination of All Forms of Discrimination Against Women, 24 Ga. J. Int'l & Comp. L. 137, 150 (1994).

n60. Guide to Reporting, supra note 5, at 6.

n61. See id., Annexes B, C, D. There is guidance for the preparation of both the initial and the subsequent reports. The Convention allows CEDAW to issue these guidelines to aid States Parties and to facilitate the enforcement of the Convention: "The Committee ... may make suggestions and general recommendations based on the examination of reports and information received from the States Parties." Convention, supra note 3, at art. 21.

n62. See Guide to Reporting, supra note 5, at 7, Annex C.

n63. See id. at 7. In 1995, CEDAW formulated specific guidelines on reporting on reservations:
(a) Each State party that has entered substantive reservations should include information on those reservations in each of its periodic reports; (b) The State party should indicate why it considered the reservation to be necessary; whether any reservations the State party may or may not have registered on obligations with regard to the same rights set forth in other conventions are consistent with its reservations to the Convention; and the precise effect of the reservation in terms of national law and policy. It should indicate the plans that it has to limit the effect of reservations and ultimately to withdraw them ... (c) States Parties that have entered general reservations ... or reservations to Articles 2 and 3 should make a particular effort to report on the effect and interpretation of those reservations. Id. at 7-8. For an explanation of reservations generally, see supra note 44.

n64. See U.N. Committee on the Elimination of Discrimination Against Women, Guidelines for the Preparation of Second and Subsequent Periodic Reports, in Guide to Reporting, supra note 5, Annex D.

n65. Id.

n66. See Ivanka Corti, The Convention on the Elimination of All Forms of Discrimination Against Women, in Global to Local: A Convention Implementing and Monitoring Workshop 5 (Jan. 1998).

n67. See id. at 41.

n68. See id. The Committee, the only human rights body whose meeting time is limited by its Convention, has the shortest meeting time of such bodies. See id. at 42.

n69. In General Recommendation 22, CEDAW, concerned with its workload, the growing number of ratifications, and backlog of reports, requested an amendment to Article 20 of the Convention:
[CEDAW] ... 1. Recommends that the States parties favourably consider amending article 20 of the Convention in respect of the meeting time of the Committee, so as to allow it to meet annually for such duration as is necessary for the effective performance of its functions under the Convention ...; Recommends also that the General Assembly, pending the completion of an amendment process, authorize the Committee to meet exceptionally in 1996 for two sessions, each of three weeks' duration and each being preceded by pre- session working groups. Guide to Reporting, supra note 5, Annex E.

n70. See Corti, supra note 66, at 47.

n71. See id. at 48.

n72. See id.

n73. See id. at 49.

n74. Id. at 47.

n75. Id. at 47-48.

n76. Id. at 48.

n77. See Andrew Byrnes, Toward More Effective Enforcement of Women's Human Rights Through the Use of International Human Rights Law and Procedures, in Human Rights of Women, supra note 7, at 189, 207-08.

n78. See Convention on the Elimination of All Forms of Discrimination Against Women: Reports by States Parties Due and Received as of 27 May 1997, CEDAWDIC.123. The Committee articulated the problem of lack of State adherence to the reporting obligation: "As [of] 1 March 1995, there were 139 States Parties to the Convention and at the same time there were 44 initial reports, 37 second reports and 51 third periodic reports that should have been submitted to the Committee but had not been received." IWRAW-AP, July 10-13 Conference, Progress Achieved in the Implementation of the Convention on the Elimination of All Forms of Discrimination Against Women, P 64 [hereinafter Progress of the Convention].

n79. See Ernst, supra note 50, at 341.

n80. See Minor, supra note 59, at 149.

n81. See Progress of the Convention, supra note 78, P 67.

n82. Id.

n83. Id. P 68. In contrast, the other major treaties do not limit the meeting time of their committees. "The notion that a committee overseeing the implementation of the Women's Convention would require considerably less time than the Racial Committee needed for its work is a reflection of the low priority assigned to women's rights." Minor, supra note 59, at 148.

n84. See Minor, supra note 59, at 148.

n85. Id. at 150.

n86. See id. at 149-50.

n87. See Byrnes, supra note 77, at 207-08.

n88. See infra Part III.

n89. See generally Committee on the Elimination of Discrimination Against Women, Consideration of Reports Submitted by States Parties under Article 18 of the Convention of the Elimination of Discrimination Against Women: Third and Fourth Periodic Reports of States Parties (Bangladesh), U.N. Doc. CEDAW/C/BGD/3-4 (1997) [hereinafter New Report]; Bangladesh, in The Far East and Australasia 121-44 (1998).

n90. See generally Expert Group Meeting, supra note 15.

n91. See Committee on the Elimination of Discrimination against Women, Consideration of Reports Submitted by States Parties under article 18 of the Convention: Second Periodic Reports of States Parties, Addendum (Bangladesh), U.N. Doc. CEDAW/C/13/Add.30 (1990) [hereinafter Second Report].

n92. See infra Part II.A.

n93. See New Report, supra note 89.

n94. Christine Chinkin & Kerrie Workman, CEDAW #12: The Committee on the Elimination of Discrimination Against Women, The Convention on the Elimination of All Forms of Discrimination Against Women, and Women's Human Rights 13 (1993).

n95. For details about the specifics of Article 18, see Part I.B.

n96. See infra notes 151-154 and accompanying text.

n97. See Second Report, supra note 91, at 2. The report sets itself out to look only at measures taken in relation to the provisions in Article 16 of the Convention, but there is little reference made to women's status and roles in marriage and the family, the primary subjects of Article 16. The laws dealing with marriage and family issues are not at all explored, but are only listed under a heading of "other lawes [sic]." Id. at 9.

n98. See supra notes 55-65 and accompanying text.

n99. Provision 2 of the Guidelines for the Second and Subsequent Periodic Reports, supra note 64, asserts that "as a general rule States Parties in their ... reports should focus on the period between the consideration of their latest report up to the date of preparation of their last one."

n100. See Second Report, supra note 91, at 2-4.

n101. In provision 3, the Committee requests not only information about the legal measures adopted by the State to implement the Convention but also the following:
... (b) actual progress made to promote and ensure the elimination of discrimination against women;
(c) any significant changes in the status and equality of women since the previous report;
(d) any remaining obstacle to the participation of women on an equal basis with men in the political, social, economic and cultural life of their country;
(e) matters raised by the Committee and which could not be dealt with at the time when the previous report was considered.
Guidelines for the Second and Subsequent Periodic Reports, supra note 64.

n102. United Nations Committee on the Elimination of Discrimination Against Women, Report of the Pre-Session Working Group, 12th Sess., Annex 1, at 3, U.N. Doc. CEDAW/C/1993/CRP.2 (1993) [hereinafter Concluding Comments].

n103. See Chinkin & Workman, supra note 94, at 13.

n104. See id.

n105. There was a lack of analysis of the reasons for discrimination against women in Bangladesh. Concepts such as negative stereotypes about the role of women or cultural and structural barriers were not mentioned. While evidence of disparity was presented, the reasons for the disparity were not explored. For example, the report stated that in the 1974-1985 period there was an overall improvement in life expectancy. However, women's life expectancy had fallen and was lower than that of men. In addition, nutrition surveys showed that adult males have increased their caloric intake while adult females have suffered a decrease since 1975. Despite these alarming statistics, the report neither explained why such situations have worsened for women nor gave an account of any specific government measures taken to address these problems. See Second Report, supra note 91.

n106. Second Report, supra note 91, at 7.

n107. See Chinkin & Workman, supra note 94, at 13.

n108. See Concluding Comments, supra note 102. Some of the questions include:
· How does the State intend to reconcile its constitutional guarantees of equality before the law to all citizens, and its ratification of the Convention, with the discriminatory practices remaining under personal law? ...
· Information from non-governmental organizations states that a child born in a foreign country to a Bangladeshi woman and a non-Bangladeshi man cannot be given its mother's nationality, while a child born to a Bangladeshi man and non-Bangladeshi woman in a foreign country can. Are measures planned to amend this provision in order to comply with article 9 of the Convention? ...
· The Bangladeshi Government has enacted progressive legislation in the area of marriage and family law; however, there still appear to be provisions under religious law for polygamy, easier access to divorce for men and discrimination between men and women in the right to custody of children. Are there proposals for the enforcement of equal rights in marriage and family law for women and men?
Id. at 4, 5, 8.

n109. Bangladesh had made reservations to three provisions of the Convention: to Article 2; to Article 13(a); and to Article 16(1) (c) and (f). "Its reservation reads: 'The Government of the People's Republic of Bangladesh does not consider as binding upon itself the provisions of articles 2, 13(a) and 16.1(c) and (f) as they conflict with Shari'a Law based on the Holy Qur'an and Sunna.'" Michele Brandt & Jeffrey A. Kaplan, The Tension Between Women's Rights and Religious Rights: Reservations to CEDAW by Egypt, Bangladesh and Tunisia, 12 J.L. & Religion 105, 126 (1995-1996). A number of other States Parties to the Convention, including Germany, Mexico, Netherlands, and Sweden, "have condemned these reservations as incompatible with the object and purpose of the Convention." Id.

n110. Concluding Comments, supra note 102, at 3.

n111. See generally Hossain, supra note 7, at 470-73; see also infra notes 166-168 and accompanying text.

n112. The Fourth World Conference on Women was held in Beijing, China in 1995. 189 countries adopted a Platform for Action in which they urged promotion and protection of women's human rights. The Beijing Platform is very specific and defines problems, objectives, and actions to be taken in detail. See Beijing Platform, supra note 12.

n113. Some of the many Bangladeshi women's NGOs involved in this process include CEDAW-FORUM, Bangladesh Mahila Parishad, Bangladesh National Women Lawyers Association, and Naripokho. See Bangladesh National Preparatory Committee Towards Beijing, NGO Forum on Women '95 (1995).

n114. NGOs in Bangladesh are very active and involved in promoting human rights generally and in the country's administration. In fact, "Bangladesh is probably the world leader in non-governmental organisations .... The 20,000 or so NGOs there operate mainly in the country's 86,000 villages providing education, health, small loans and agricultural development far more efficiently than the corrupt and inefficient government." The Other Government in Bangladesh, Economist, July 25, 1998, at 42 [hereinafter Other Government].

n115. See Interview with Dr. Najma Chowdhury, Professor of Political Science, Dhaka University, Bangladesh, in Dhaka, Bangladesh (June 21, 1997) [hereinafter Interview with Chowdhury].

n116. See Interview with Maheen Sultan, National Plan of Action Consultant, in Dhaka, Bangladesh (June 20, 1997) [hereinafter Interview with Sultan].

n117. See Interview with Chowdhury, supra note 115. Organizations such as Mohila Parishad had been involved since 1984, when Bangladesh ratified the Convention, in disseminating information about the Convention. See Interview with Ayesha Khanam, General Secretary, Bangladesh Mahila Parishad, Vice-President, CEDAW-FORUM, in Dhaka, Bangladesh (June 21, 1997) [hereinafter Interview with Khanam]. They and other organizations, such as the Bangladesh National Women Lawyer's Association, had translated the Convention into Bengali and into picture diagrams for those who are illiterate. See Interview with Salma Ali, Advocate, Executive Director, Bangladesh National Women Lawyers Association, in Dhaka, Bangladesh (June 19, 1997) [hereinafter Interview with Ali].

n118. See Interview with Chowdhury, supra note 115.

n119. See id.

n120. See id.

n121. See Interview with Shireen Huq, Women In Development Adviser, Royal Danish Embassy, in Dhaka, Bangladesh (June 22, 1997) [hereinafter Interview with Huq].

n122. See id.

n123. Naripokho is a large national women's NGO with a significant role in identifying women's human rights and formulating women's demands in Bangladesh. See generally Expert Group Meeting, supra note 15; Interview with Huq, supra note 121.

n124. See Interview with Huq, supra note 121; see also Interview with Chowdhury, supra note 115. The importance of Beijing and the Women's Convention was well articulated by Ayesha Khanam, who stated that knowing that there was a global conference and a universal declaration on women's rights gave women's NGOs in Bangladesh leverage to pressure the government, mental strength, information for strategies to implement women's human rights, and the feeling that poor women are not alone in the world. See Interview with Khanam, supra note 117.

n125. "Those who attended the Beijing Conference agreed that it represented a great accomplishment and hope for the advancement of women on the international scale." Larson, supra note 19, at 696.

n126. See generally Beijing Platform, supra note 12. The Beijing Platform is rather comprehensive. It is divided into six main chapters: Mission Statement; Global Framework; Critical Areas of Concern; Strategic Objectives and Actions; Institutional Arrangements; and Financial Arrangements. The Beijing Platform defines in detail the problems, objectives, and actions to be taken by governments in 12 critical areas of concern that relate to women: women and poverty; education and training of women; women and health; violence against women; women and armed conflict; women and the economy; women in power and decisionmaking; institutional mechanisms for the advancement of women; human rights of women; women and the media; women and the environment; and the girl-child. "Reference to such varied topics illustrates one of the central themes at the Beijing Conference: women have distinctive needs in nearly all aspects of life. Therefore, states must recognize and take into account women's perspectives when implementing all social and economic programs." Larson, supra note 19, at 698.

n127. See Interview with Akmal Hussein, Secretary, Ministry of Women and Children's Affairs, Government of Bangladesh, in Dhaka, Bangladesh (June 19, 1997) [hereinafter Interview with Hussein].

n128. Government of the People's Republic of Bangladesh, National Action Plan for Women's Advancement: Implementation of the Beijing Platform for Action, June 1997 [hereinafter NAP]. The National Action Plan is a government-wide inter-ministerial plan that addresses almost every aspect of women's development and rights in Bangladesh. Thirteen multidisciplinary specialist teams comprising intellectuals, women's activists, NGOs, and government representatives were involved. See Interview with Hussein, supra note 127.

n129. See Interview with Hussein, supra note 127.

n130. Beijing Platform, supra note 12, P 293.

n131. Id. P 297.

n132. See Interview with Hussein, supra note 127. In most countries, as in Bangladesh, the ministries responsible for women's issues have been entrusted with the implementation of the Beijing Platform. This can be problematic because implementation of the Beijing Platform requires the attention of all ministries and sectors of the government. See Beijing Platform, supra note 12, P 294; see also infra notes 192-197 and accompanying text.

n133. See Interview with Hussein, supra note 127.

n134. See New Report, supra note 89.

n135. See Interview with Hussein, supra note 127.

n136. See id. Furthermore, NGOs in Bangladesh deserved a role in the formulation of policy to promote women's rights. According to an article in the Economist, an important reason for the fall in poverty in Bangladesh, from 59% of the population in 1992 to 53% of the population in 1996, was the attention given to women by NGOs:
By directing education, jobs and credit at women, the NGOs have created a social revolution in a conservative Muslim society. This is mainly why the fertility rate in Bangladesh has crashed from 6.1 births per woman in 1980 to 3.4 births today. It is expected to decline to 2.5 births by 2010. Other Government, supra note 114, at 42.

n137. Bangladesh's NAP "defines, for each ministry, in detail the action, objective, target group, activities to be undertaken, primary and secondary actors, indicators, resources and the time frame for each policy, institutional measures, skills and competencies, and programme." Division on the Advancement of Women, Summary of National Plans of Action (visited Oct. 14, 1998) <http://www.un.org/womenwatch/ followup/national/asiasum.htm#asia> [hereinafter NAP Summary] (on file with the Columbia Law Review).

n138. New Report, supra note 89, P 3.1, at 85.

n139. See id. The ministries are at the center of the government structure in Bangladesh; they can be equated to the executive departments in the United States, such as the Department of State or the Department of Justice. Bangladesh is a parliamentary democracy in which the President holds a largely ceremonial role; it is the presidentially appointed Prime Minister who exercises power. The Council of Ministers, which is composed of the heads of the different ministries in Bangladesh, aids and advises the Prime Minister. See U.S. Department of State, Background Notes: Bangladesh July 1996 (visited June 2, 1998) <http://www.state.gov/wwwbackground notes/bangladesh 0796 bgn.html> (on file with the Columbia Law Review).

n140. See Interview with Chowdhury, supra note 115.

n141. See id.; Interview with Hussein, supra note 127.

n142. See New Report, supra note 89, P 3.1, at 85.

n143. See id.

n144. See Interview with Hussein, supra note 127.

n145. See NAP Summary, supra note 137.

n146. See id.

n147. The institutional arrangements to implement the NAP are as follows:
Intersectoral coordination is done by [the National Council for the Development of Women (NCWD)] and the [Women in Development (WID)] focal points located in government agencies and ministries, the Inter-ministerial Committee for the Central Cell for the Prevention of Oppression Against Women and Children chaired by the State Minister of MOWCA. Implementation is to be undertaken by WID focal points of various ministries, MOWCA and the consultants in various fields. Ministries of Planning, Finance, Establishment, members of local governments, Parliament, WID focal points, NCWD, legal aid, women and human rights organizations as well as MOWCA are responsible for monitoring. Id.

n148. While the NAP is a step forward for women in Bangladesh, it does have some problems. For example, for each ministry, no specific breakdowns are given with respect to the allocation of funds for women. See id. Furthermore, under the plan MOWCA is to be the lead policy agency on women, however, "it does not have specific authority over the decisions made by other ministries and is still constrained by its small staff, budget and projects. It is most likely to be a catalyst and complement activities of other ministries ...." Id.

n149. See Interview with Chowdhury, supra note 115.

n150. See Interview with Sultan, supra note 116.

n151. See id. Overall, there was a sense that NGOs made themselves available to the government to help do the work to advance women's rights. For example, NGOs would prepare papers and present de-briefing sessions. Unlike the government, NGOs had funding from international organizations such as UNICEF and DANIDA. By contrast, MOWCA had no computers or fax machines. NGOs such as Bangladesh National Women Lawyers Association had computers, word processing programs, fax machines, and access to the Internet. Also, a number of people, such as Najma Chowdhury and Salma Khan, the current chair of CEDAW, were involved in both government and NGO work and thus could use both NGO and government resources. See id.; Interview with Hussein, supra note 127; Interview with Ali, supra note 117.

n152. See Interview with Hussein, supra note 127. CEDAW reacted favorably to this arrangement, stating that it "noted and appreciated the close collaboration between the Government and non-governmental organizations in the course of the preparation of the report, as well as the efforts of the Government to disseminate its report to a wide range of women's groups and organizations." Concluding Observations of the Committee on the Elimination of Discrimination Against Women: Bangladesh 24/07/97. A/52/38/Rev.1, Part II PP 409-464, P 425 [hereinafter CEDAW Comments to New Report].

n153. See Interview with Sultan, supra note 116.

n154. See Interview with Chowdhury, supra note 115. Of course, some in government are not always eager to collaborate with NGOs:
Politicians complain that NGOs have money and power without accountability, embezzle foreign funds and cook their books. The NGOs reply that their accounts are audited, and sometimes not just in Bangladesh but also, to satisfy donors, by auditors abroad ... they are accountable both to donors and the villagers they serve. [While] easy availability of donor funds has encouraged some crooks to set themselves up as NGOs[,] ... corruption among NGOs is a trickle compared to the rivers in government. Other Government, supra note 114, at 42.

n155. IWRAW-AP is an international women's NGO which primarily does advocacy and training work around the Convention. See also Interview with Ali, supra note 117; Interview with Khanam, supra note 117.

n156. See infra Part III for further discussion of the activities taken at the U.N. level by women's NGOs such as IWRAW-AP.

n157. See Interview with Ali, supra note 117.

n158. See infra Part III.

n159. See supra Part I.C.2. In its response to the New Report, CEDAW "commended the Government of Bangladesh for its comprehensive, frank and clear written and oral presentations, which followed the guidelines of the Committee and responded to most of the questions raised by experts." CEDAW Comments to New Report, supra note 152, P 422.

n160. See generally New Report, supra note 89. The report includes information on discriminatory customs and practices, unequal provisions in the laws, and problems in the implementation of the Convention.

n161. Id. P 1.2.1, at 11.

n162. See id.

n163. See id. P 1.2.1, at 12.

n164. Compare with discussion of data in the Second Report. See supra Part II.A. As required by the Convention, there is information on women's education, health and nutrition, population control and family planning, employment, and development. See New Report, supra note 89; see also Convention, supra note 3, at art. 18.

n165. See New Report, supra note 89, P 1.2.2, at 12. For example, the report states that the literacy rate is 38.9% for males compared to 25.5% for females. The explanation for such a disparity is both due to poverty and to social stereotypes about women. The government explains that:
Male children are still sent to school more frequently and parents are still more likely to spend more on their books ... and education than that of girls as it is thought to be an investment in the case of boys who are expected to look after their parents financially in old age. Education for girls is considered as less useful as they are expected to get married and leave their families behind. Id.

n166. See id. P 2.15.8, at 84. The review process began in November 1996 when the Ministry of Women and Children's Affairs gathered an interministerial committee to review the reservations.

n167. Id.

n168. The government admits that discrimination still exists in laws regarding guardianship, inheritance, divorce, and marriage. See id. P 2.15.5, at 81 (Guardianship and Maintenance); P 2.15.6, at 82 (Rights to property/inheritance); P 2.15.3, at 79 (Divorce); P 2.15.1, at 77 (Marriage); P 2.4, at 32 (sex roles and stereotypes).

n169. Id. P 2.1.3, at 25.

n170. The report names such procedural problems as esoteric language, lengthy and costly procedures, and hostile government agencies. See id. P 2.1.3, at 25-26.

n171. Id. P 2.1.4, at 26.

n172. Id. P 1.5, at 21.

n173. See id. P 1.5, at 22.

n174. See id. P 2.4, at 34.

n175. Id.

n176. These issues include custodial rape, rape by members of law enforcement agencies, and violence at the community level by extra-judicial means through misinterpretation of religion and misuse of local arbitration bodies. See id. P 2.4, at 35.

n177. Id. P 2.13.2, at 72.

n178. See infra Part II.C.2.

n179. See generally New Report, supra note 89.

n180. See generally Expert Group Meeting, supra note 15. In its background paper for the Expert Group Meeting on State Interventions on Violence Against Women, MOWCA stated that
[i]t has become essential to mobilize the state machinery to carry out a multi pronged effort to contain violence against women if we, as a nation, seek to raise the status of our women. Driven by this imperative, the [MOWCA] considers it necessary to undertake an integrated multi-sectoral action programme. Violence against women has to be addressed by various sectoral agencies and ministries. As such, this proposal involving multiple agencies of the government is being raised.
Id. at 5. Government participants included representatives from MOWCA, the Department of Women Affairs, the National Planning Commission, the Ministry of Health and Family Welfare, the Ministry of Home Affairs, the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Education, the Ministry of Social Welfare, and the National Training Council. See id. at 4.

n181. See Convention, supra note 3, at art. 7.

n182. See Feizal Samath, South Asia: Why is Political Power a Male Prerogative?, Inter Press Service, Feb. 9, 1998, available in 1998 WL 5985724.

n183. See Tabibul Islam, Politics-Bangladesh: No Looking Back for Women, Inter Press Service, Jan. 21, 1998, available in 1998 WL 5985422 (previously women members of union councils were only nominated).

n184. Id. (quoting Rabeya Bhuiya, a leading barrister and member of Parliament from the Jatiya Party).

n185. Id.

n186. See Tabibul Islam, Population-Bangladesh: Small Family Goal Entrusted to Women, Inter Press Service, Feb. 10, 1998, available in 1998 WL 5985741 (total fertility rate in Bangladesh has shrunk from 6.3 children per woman in 1975 to 3.3 children in 1998).

n187. See id.

n188. Id.

n189. Id.

n190. See Bangladesh Announces Withdrawal of Some Reservations to Women's Anti- Discrimination Convention, Delegation Tells Committee, Press Release WOM/997, 357th Meeting (am) July, 23 1997 (visited Aug. 22, 1997) <http://www.un.org/News/Press/ docs/WOM997.html> [hereinafter press release WOM/1997]. Article 13(a) provides to women the right of family benefits while Article 16(1)(f), among other things, says that States shall take all appropriate measures to ensure that men and women have the same rights and responsibilities with regard to guardianship, wardship, trusteeship, and adoption of children. See Convention, supra note 3, at art. 13, 16.

n191. For a discussion of Article 2 see supra note 27 and accompanying text. Article 16(1)(c) specifically states that "States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure ... the same rights and responsibilities during marriage and at its dissolution." Convention, supra note 3, at art. 16.

n192. See International Women's Rights Action Watch-Asia Pacific, The Convention on the Elimination of All Forms of Discrimination Against Women, in Global to Local: A Convention Implementation and Monitoring Workshop 7-8 (1998). CEDAW also "expressed its concern over the Government's remaining reservations to articles 2 and 16, paragraph 1(c). The Committee noted that it regards article 2 as a fundamental and core provision of the Convention, while article 16 is critical to the full enjoyment by women of their rights." CEDAW Comments to New Report, supra note 152, at P 433.

n193. The Bangladeshi team included the new State Minister of MOWCA, Mozammel Hossain, a Professor of Political Science at Dhaka University and an NGO activist, Dr. Najma Chowdhury, and the Secretary of MOWCA, Abdullah Haroon Pasha. See U.N.: Bangladesh Withdrawal of Some Reservations to Women's Anti-Discrimination Convention, M2 Presswire, July 25, 1997, available in 1997 WL 11940999. In response to the team, CEDAW stated that it "welcomed the high-level delegation headed by the Minister for Women and Children Affairs, assisted by several distinguished experts from other agencies, academe and non-governmental organizations, which reflected the importance accorded by the Government to the Committee." CEDAW Comments to New Report, supra note 152, P 423.

n194. In response to questions submitted by CEDAW, Mr. Pasha, Secretary of MOWCA, said "there was no plan to alter Muslim Personal Laws as they related to succession, inheritance, marriage and divorce. Those laws derived from the Quran and Shariah and while they conflicted with articles 2 and 16(1)(c) of the Convention, there was no plan to amend or modify them." U.N.: Bangladesh Withdrawal of Some Reservations, supra note 193. For discussion of Personal Laws see supra notes 107-108 and accompanying text.

n195. See generally Expert Group Meeting, supra note 15; Interview with Hussein, supra note 127; Interview with Huq, supra note 121. According to Shanthi Dairiam, an expert on the Convention, MOWCA's lack of political power meansthat "it is obvious that the national machineries for women do not have the authority to get the sectoral ministries to redefine their mandate." Shanthi Dairiam, A Framework for the Implementation of Women's Human Rights, Address at the Commission on the Status of Women Panel on Human Rights (Mar. 3, 1998) (on file with the Columbia Law Review).

n196. See Telephone Interview with Shanthi Dairiam, Director, International Women's Rights Action Watch Asia-Pacific, Kuala Lumpur, Malaysia (Nov. 8, 1997) [hereinafter Interview with Dairiam]. MOWCA lacked a mandate to make the commitments it made in the New Report despite the fact that the preparation of the New Report, as well as the NAP, grew out of inter ministerial efforts to carry out the State's obligations under the Convention and the Beijing Platform.
While inter ministerial committees may have been set up, ... in many instances, these bodies do not recognize the authority of the national machineries [for] women that [are] trying to coordinate them and the inter ministerial committee that is set up may not necessarily take its task of implementing the [Beijing Platform] seriously. They do not see its implementation as part of their mandate and think that they are doing the national machineries a favour. In fact in some instances the sectoral ministries do not perceive the main streaming [of] the interests of women as part of their mandate.
Dairiam, supra note 195.

n197. See Interview with Dairiam, supra note 196.

n198. See Interview with Sultan, supra note 116; Interview with Hussein, supra note 127.

n199. See generally New Report, supra note 89. That is, unlike Bangladesh's Second Report and most government reports, the report is critical of the government, attempts to present a wide array of issues in Bangladesh, and freely admits shortcomings in the implementation of the Convention.

n200. See Interview with Huq, supra note 121.

n201. See Interview with Ali, supra note 117.

n202. See Interview with Nizamuddin Al-Hussainy, Deputy Chief, Ministry of Women and Children Affairs, in Dhaka, Bangladesh (June 19, 1997) [hereinafter Interview with Al- Hussainy].

n203. See generally Convention, supra note 3.

n204. Rebecca J. Cook, State Responsibility for Violations of Women's Human Rights, 7 Harv. Hum. Rts. J. 125, 130 (1994).

n205. See id. at 131.

n206. Id. at 174-75.

n207. See Guide to Reporting, supra note 5, at 5.

n208. See id.

n209. These alternative reports give information that corrects or adds to the State's official report. At times they mirror the State report, pointing out any discrepancies or false information that has been provided by the State. They are also very helpful in giving the Committee information about situations occurring in the reporting State that have been ignored by the State in its report. See generally Shadowing the States: Guidelines for Preparing Shadow Reports as Alternatives to State Reports Under International Human Rights Treaties, in Global to Local: A Convention Implementation and Monitoring Workshop (1998).

n210. Id. at 9.

n211. See Guide to Reporting, supra note 5, at 10.

n212. See United Nations Division for the Advancement of Women, NGO Consultations during the CEDAW's 17th session (visited Nov. 9, 1997) <http://www.un. org/dpcsd/daw/consult.htm> (on file with the Columbia Law Review).

n213. See id. At the most recent CEDAW session during January 1998, the Committee had two established meetings with NGOs in addition to a substantial number of informal meetings. See generally Global to Local: A Convention Implementation and Monitoring Workshop (Jan. 1998) (on file with the Columbia Law Review).

n214. Opening Statement by Ms. Angela E.V. King, 16th Session, 13-31 January 1997 (visited Nov. 9, 1997)
<gopher://gopher.un.org:70/+0/ga/cedaw/16/OPENSTAT.AK> (on file with the Columbia Law Review). See generally Global to Local, supra note 213; Alice M. Miller, Women's Human Rights NGOs and the Treaty Bodies: Some Case Studies in Using the Treaty Bodies to Protect the Human Rights of Women (Jan. 1998) (unpublished manuscript, on file with the Columbia Law Review).

n215. See Press Release WOM/999, supra note 3.

n216. Committee on the Elimination of Discrimination Against Women Decides to Consider 10 Reports at July Session, Press Release WOM/949, 332nd Meeting (am) Jan. 31, 1997 (visited Nov. 9, 1997) <http://www.un.org/News/Press/docs/WOM949.html> (on file with the Columbia Law Review).

n217. See International Human Rights Abuses Against Women: Hearings Before the Subcomm. on Human Rights and Int'l Orgs. of the House Comm. on Foreign Affairs, 101st Cong., 2nd Sess. 107 (1990) (statement of Arvonne Fraser, Co-Director, International Women's Rights Action Watch).

n218. Guide to Reporting, supra note 5, at 9.

n219. See Larson, supra note 19, at 709-10.

n220. Jo Lynn Southard, Protection of Women's Human Rights Under The Convention on the Elimination of All Forms of Discrimination Against Women, 8 Pace Int'l L. Rev. 1, 87 (1996).

n221. The efforts of women's NGOs mirror those of many national and international human rights NGOs working with governments and the United Nations. "In the drama of international life, NGOs have become 'the new lead actor' sharing roles with governments and the UN in local and global scenes." Suchada Kulawat, Growing from Strength to Strength: NGOs: A Star is Born, Bangkok Post, Jan. 6, 1998, available in 1998 WL 7885216. According to one government and U.N. expert who has seen the growth of NGO participation at international conferences,
[now] at international conferences, NGOs have their own shows. Their people influence the outcome. Their daily publications have become the must-read for diplomats.
While most UN diplomats may be busy following routines ... NGOs have the resources and expertise to come up with fresh ideas.
Some parts of international policies and agreements were born out of NGOs' papers and wording.... more influentially, certain kinds of NGOs ... have become the original architects of international initiatives.
Id.

n222. See supra notes 155-157.

n223. See Global to Local, supra note 213.

n224. See id.

n225. See Miller, supra note 214, at 9.

n226. See Interview with Khanam, supra note 117.

n227. Miller, supra note 214, at 11.

n228. See id. at 8.

n229. Id.

n230. Cooperation between national and international women's NGOs also has other benefits for both NGOs, helping them analyze women's issues more clearly. According to Ayesha Khanum, general secretary of the largest and oldest women's group in Bangladesh, "after Beijing and linkages with the international women's movement, [Bangladeshi] women are getting more conscious and the women's movement will only grow stronger and emerge consolidated." System Loaded Against Poor Women, Business Line (The Hindu), Apr. 28, 1998, available in 1998 WL 7705286.

n231. See Miller, supra note 214, at 12-13.

n232. Id. at 16.

n233. See Interview with Huq, supra note 121.

 

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