| 60th
Session of the UN Commission on Human Rights
Agenda
Item 12
Statement by IWRAW Asia Pacific on CEDAW and Violence Against Women
5 April 2004
Geneva, Switzerland
Speaker:
Rea A. Chiongson
We would first
like to express our appreciation to the Commission for the renewal
of the mandate of the Special Rapporteur on Violence against Women.
The persistence and intransigence of this crime against women requires
of the continued concerted efforts of governments and civil society
at the national and international levels.
We emphasise
that such efforts must be based on a clear analysis of both the
causes and consequences of violence against women as the mandate
requires. In this regard we urge that greater attention be paid
to the work of the Committee on the Elimination of All Forms of
Discrimination Against Women (CEDAW Committee). These together with
the findings of the Special Rapporteur on VAW can produce the required
analysis, monitoring and accountability on violence against women.
As the CEDAW
Committee has clarified, through its General Recommendation 19,
violence against women is an extreme form of discrimination against
women. The violence places women at risk of other forms of discrimination
and denial of rights, and the existence of all forms of discrimination
against women in turn places women at risk of violence. It is imperative
therefore that eliminating all forms of discrimination against women
is an agenda that is carried out as a long-term measure if violence
against women is to end. Hence the critical importance of the work
of the CEDAW Committee.
We also urge
that purposeful collaboration is established between governments
and NGOs for this to take place. NGOs have pioneered work in this
field and relentlessly worked on ending violence against women.
They have produced much valuable knowledge and information which
should essentially inform the work of governments to end violence
against women. Some important insights produced through the work
of NGOs are as follows:
• There
is inadequate information and statistics on the extent and effects
of violence against women. Governments have to gather adequate and
segregated data.
• The home is an unsafe place for many women as it is a place
where violence against women takes place. However, society with
the backing of institutions invisibilise these crimes in the interest
of preserving what is seen as the sanctity of family life. In the
area of sexual crimes or kidnapping there are also instances where
the family colludes with the perpetrator to seek solutions such
as forgiveness or marriage. This in turn places guilt and shame
on the women while absolving the perpetrator. Women, under these
circumstances not only not seek remedies but also took on the responsibility
for the crime. This is the syndrome of the victim having provoked
the perpetrator. Violence against women has to be condemned categorically
and openly by all. There has to be a strong state policy towards
this end. There is no excuse for abuse. The use of euphemisms and
trying to address violence against women under the broad rubric
of violence against all, does grave injustice to abused women.
- It is crucial
to address the impact of extreme forms of interpretation of culture
and tradition and its manifestations as violence against women
and to recognise that culture or religion can never justify violence.
This has been agreed upon in Vienna 1993.
- There is
a lack of adequate legal remedies that provides appropriate criminal
and civil options and where there are legal remedies the lack
of adequate implementation and monitoring negates the existence
of the remedy. This leads to impunity.
- The critical
importance of multisectoral approaches is not adequately recognised.
- There is
a lack of victim support services. This is essential especially
where the family will not face up to the crime that as been committed
against the women concerned.
- Finally
particular attention has to be paid to women in extremely disadvantaged
circumstances such as migrant women, refugee women, asylum seeker,
trafficked women, indigenous women and women from minority groups.
They are at risk of multiple forms of discrimination and hence
the risk of violence and the potential of impunity is intensified
in their cases. In this end, we strongly support the Special Rapporteur
on VAW in using an intersectional approach to address multiple
forms of discrimination. We urge in particular that governments
treat refugee women, asylum seeking women and trafficked women
from a human rights perspective. Too often such women are treated
from the perspective of immigration laws and are deported, placing
them at further risk of violence ad abuse.
In conclusion,
we urge that all States parties to the CEDAW Convention to be mindful
of their obligations, including under General Recommendation 19,
and not only report in a timely manner to the Committee but also
take measures to implement its Concluding Comments. We also call
upon governments to ratify the OP-CEDAW to CEDAW as it is also critical
for women to fully claim their rights at all levels. In all these,
we urge governments to collaborate and work with NGOs.
Thank you Mr
Chairperson.
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