50th Agenda 

50th Session Issues

Abuse, Violence, Trafficking and Other Violations of the Human Rights and Well-Being of Women and Children, Including Refugees, Internally Displaced Persons and Migrants

by
Michelle Cervantes

Violence against women is an obstacle to the achievement of the objectives of equality, development and peace. Violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms. The long-standing failure to protect and promote those rights and freedoms in the case of violence against women is a matter of concern to all States and should be addressed. (Fourth World Conference on Women Platform for Action, 1994).

While it has taken several decades to bring women's rights to the forefront in the United Nations, it has taken the UN system even longer to address the problem of violence against women. Women's rights are embodied in the UN Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and specific conventions relating to women. These covenants include the Convention for the Suppression of Traffic in Persons and the Exploitation of the Prostitution of Others (1949), the Convention on the Political Rights of Women (1952), the International Convention against Discrimination in Education (UNESCO, 1960), the Convention on Consent to Marriage, Minimum Age of Marriage, and Registration of Marriages (1962), and the Convention on the Elimination of All Forms of Discrimination Against Women (1979). These conventions have been supplemented by other agreements established by the International Labour Organization regarding women's economic rights.

Women's issues have received attention at a series of conferences on women held in 1975, 1980, 1985, and 1995. These conferences and subsequent UN actions resulted in the adoption of the Declaration and World Plan of Action for Implementation of the Objectives of International Women's Year (Mexico City, 1975); the naming of 1976-85 as the UN Decade for Women (UNDW) (adopted by the General Assembly in Resolution 3520, 1975); the development of the Programme of Action for the Second Half of the UNDW (Copenhagen, 1980); the setting forth of the Forward-looking Strategies for the Advancement of Women (FLS) for the period 1985-2000 (Nairobi, 1985); and the establishment of the Platform for Action (PFA) (Beijing, 1995).

The United Nations has also created a number of bodies that have been active in promoting women's issues throughout the UN system. These bodies include the Commission on the Status of Women (CSW), the United Nations Development Fund for Women (UNIFEM), the United Nations Population Fund (UNFPA), the International Research and Training Institute for the Advancement of Women (INSTRAW), and the Committee on the Elimination of Discrimination Against Women (CEDAW), established by the 1979 Convention.

But it was not until the late 1980s, following the Nairobi Conference and the publication in 1989 of Violence Against Women in the Family by the UN Division for the Advancement of Women, that the issue of violence against women began to receive higher priority among women's issues.

This study was followed in 1993 by the Declaration on the Elimination of Violence Against Women, adopted by the General Assembly in 1993. This Declaration provided a clear definition of the issue and was later embodied in the Platform of Action adopted at the Beijing Conference in 1995.

The Commission on the Status of Women has been charged with monitoring the follow-up to the Beijing Conference. Section D of the Platform for Action, entitled "Violence Against Women," begins with the 1993 definition of violence and goes on to detail various forms of violence and the actions member states and the international community should undertake to eliminate such practices.

According to the Declaration, the term "violence against women" means "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. Accordingly, violence against women encompasses but is not limited to the following:

a. Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;

b. Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;

c. Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs".

Section D of the Platform goes on to note that violence may also occur during armed conflict (murder, systematic rape, sexual slavery and forced pregnancy); that it may include forced sterilization and forced abortion, female infanticide and prenatal sex selection; and that specific groups of women (women belonging to minorities or indigenous peoples, refugee women, migrant women workers, and those living in conditions of poverty or armed conflict) may be especially vulnerable to violence.

The Platform also points out that "acts or threats of violence are obstacles to achieving equality, development and peace" that often are associated with high social, health, and economic costs. Violence often results from unequal power relations between men and women and may derive from cultural patterns or other activities that perpetuate the lower status of women throughout society (paragraph 118). Such violence is exacerbated by the shame associated with denouncing such acts, lack of information or legal remedies, low levels of education, and media images that portray violence against women. Lack of data on the incidence of violence and lack of training for those in authority or those in a position to assist women also contribute to the problem. In order to deal with the problems noted above, the Platform provides several suggestions for actions to be taken by governments and civic organizations.

The problem, of course, is that despite the extensive definition of violence against women, the numerous guidelines available to states, intergovernmental organizations, and civil society, and the existence of several international bodies charged with promoting women's issues, especially the Commission on the Status of Women (CSW) and CEDAW, there has been a widespread failure to achieve the goals embodied in various conferences, conventions, declarations, or plans of action. In fact, in some cases, such as the trafficking of women, the situation has worsened.

This situation is reflected in the fact that the General Assembly has placed on its agenda for several years to come the item entitled "Implementation of the outcome of the Fourth World Conference on Women" and has extended the meetings of CEDAW to give further consideration to reports from member states on their progress in implementing the Convention on the Elimination of Discrimination Against Women. General Assembly debates and country reports point out that discrimination and violence continue to affect women in virtually every country, but that certain groups of women and young girls, in particular refugees, the internally displaced and migrants, are even more vulnerable to acts of discrimination and violence including trafficking for purposes of prostitution.

Refugee women and girls, in addition to the general problems that result from being forced to flee their country of origin, are particularly susceptible to sexual violence and exploitation during their flight and even while staying in refugee camps where security conditions may be lacking. In addition, women often have to assume the role of head of the household, something they may be unaccustomed to and which may be inconsistent with their traditional customs. Moreover, in refugee camps women are not always allowed to participate in decisions regarding distribution of food and consequently women and girl children may not receive adequate nutrition. Finally, lack of educational, health and counseling facilities may lead to further problems, especially for those women and children who have undergone sexual abuse since they were forced to flee their homes.

The United Nations High Commissioner for Refugees (UNHCR) has developed guidelines for dealing with women and children (UNHCR, Guidelines on the Protection of Refugee Women). These include recommendations about involving women in decision-making in camps, providing appropriate counseling and health services, and ensuring that girls have access to educational programs.

Internally displaced women and children often face similar problems to those of refugees. In some cases, where conflicting parties are not willing to grant access to organizations providing humanitarian assistance, the situation may be even worse. In areas such as Bosnia-Herzegovina, Kosovo, and Rwanda mass rape and other forms of sexual violence have become part of a concerted effort to displace minority populations. These activities have now been declared war crimes and subject to criminal prosecution under the International Criminal Tribunals for the former Yugoslavia and Rwanda.

Children, especially refugees and the internally displaced, face another problem that has grown in scope since the end of the Cold War. Hundreds of thousands of children, 15 years old or younger, have been conscripted into military forces in a variety of civil wars throughout the developing world. Special Representative Gracia report on the problem led to General Assembly Resolutions on the issue and the subsequent appointment of a permanent Special Representative, now Olaru Otunnu. Nevertheless, despite General Assembly and Security Council resolutions on the topic, little progress has been made in stopping this practice.

Migrant women and children also face the possibility of sexual violence and exploitation through the practice of illegal trafficking in women and children. Unscrupulous agents promise jobs and other opportunities for would-be migrants and then often force women and children into prostitution or various forms of economic exploitation. As poverty and internal conflicts have increased, the desire of numerous peoples to seek opportunities outside of their country of origin has led to an increase in this practice. In addition, the International Labour Organization (ILO) estimates that approximately 250 million children between the ages of 5 and 14 work in developing countries, many in situations where such labor is being exploited. This issue has now been addressed by a convention banning the worst forms of child labor adopted unanimously by the 174 member states of the ILO in June of 1999.

All of the issues noted above have been discussed in the General Assembly or its main committees, primarily the Third Committee (Social and Humanitarian). Reports from the Secretary-General or other elements of the UN system have provided a basis for discussion. At its 53rd Session, the General Assembly had before it, among others, reports on "the status of the Convention on the Elimination of All forms of Discrimination Against Women," "traditional or customary practices affecting the health of women," "trafficking in women and girls," "the Convention on the Rights of the Child," and a report on "the sale of children, child prostitution and child pornography." (Similar reports will most likely be available during the 54th Session as well.)

The report on the Convention on the elimination of all forms of Discrimination Against Women (CEDAW) (A/53/318) summarized the country reports which CEDAW had considered at its previous sessions and also noted a general concern about states parties' reservations to the Convention.

The report on Trafficking in Women and Children (A/53/409) commented on steps various UN fora and member states had taken to combat these practices and noted the four critical areas of concern identified by the Beijing Conference, which included providing national networks and resources for women and girls to provide a "safe, sensitive and integrated response to women victims of violence, including programmes designed to heal victims of trafficking and rehabilitate them into society" (GA/SHC/3473).

The Secretary-General's report on the Convention of the Rights of the Child (A/53/281) cited several UNICEF initiatives on behalf of the rights of children, national plans developed to address commercial sexual exploitation, especially the trafficking of women and children, the prevention of the recruitment of children in armed conflict, and protection from economic exploitation (GA/SHC/3479).

The report on "the sale of children, child prostitution and child pornography" (A/53/311) was prepared by Ofelia Calcetas-Santos, the Special Rapporteur on those issues. In her report Ms. Calcetas-Santos points out that recent reports of widespread trafficking demonstrate "the inadequacy of the current legal regime and response mechanisms which purport to address such atrocities. The report details the increase in trafficking for prostitution and labor exploitation and describes the conscription of young children for use as soldiers (lightweight automatic weapons make it easier for them to bear arms), cooks, messengers, and porters. She also points out that children have been used for mine clearance, spying, and suicide bombing activities (GA/SHC/3479).

With regard to violence against women, Angela King, Assistant Secretary-General, Special Advisor on Gender Issues and Advancement of Women, noted that a recent verdict of the International Tribunal for Rwanda, which included rape as part of the reasoning for conviction of a war criminal had "begun the long process of reversing the climate of impunity that sexual crimes in war had enjoyed" (GA/SHC/3473).

Robert Paiva, a representative of the International Organization for Migration (IOM) stated that "trafficking in women and girls was part of a larger irregular migration picture. Poverty, lack of opportunities, scarce resources and political and economic instability drove irregular migration as a whole -- and trafficking as well. Trafficking in women was also linked to organized crime and lax or corrupt law enforcement....While trafficking in women was often linked to prostitution, many were also traded as domestic and construction workers, or even as beggars" (GA/SHC/3474).

With regard to the problems women face in armed conflict, Walter Fullemann, a representative of the International Committee of the Red Cross (ICRC) pointed out that "women were affected by armed conflict not primarily because of a lack of humanitarian rules to protect them but, rather, from a failure to coherently interpret and implement existing rules. The changing nature of warfare had not rendered those rules obsolete, but it posed challenges to all engaged in promoting their implementation....The multiple and often complex problems faced by women called for a correspondingly multi-faceted and comprehensive approach, in which all concerned should respond according to their expertise and mandates" (GA/SHC/3475).

Speaking on the issue of female genital mutilation, Monette Van Lith, representative of the World Health Organization (WHO), stated that the active involvement of NGOs, local governments, communities, women's groups and political leaders was necessary. "A well-coordinated approach, including education supported by enough resources, could lead to reduction of such practices in 10 years and their elimination in three generations" (GA/SHC/3477). Marina Faetanini, a delegate from San Marino, suggested that there is a need to go beyond prohibition of the. She referred to an initiative entitled "circumcision through words" which showed a way "to keep the cultural and social symbol alive while eliminating, forever, any devastation to a woman's physical and psychological being" (GA/SHC/3477).

A number of resolutions were passed during the General Assembly's 53rd Session which relate to this agenda item. Among these were "Traditional or customary practices affecting the health of women and girls" (A/53/117), "Traffic in women and girls" (A/53/116), "Office of the United Nations High Commissioner for Refugees" (A/53/125), "The rights of the child," especially sections III, IV, V, and VI (A/53/128), and "The girl child" (A/53/127

Questions

1. One issue which this paper did not address extensively is that of domestic or family violence. This is not to deny the importance of the issue; however, dealing with such an issue remains largely under the domestic jurisdiction of individual nations. To what extent can the United Nations or particular bodies within the UN system provide assistance to countries grappling with this issue? Are there forms of education or assistance that would be appropriate? How can nations be encouraged to live up to the standards embodied in various human rights documents?
2. In terms of the general issue of violence against women, similar questions arise. What kinds of assistance -- information; education; training for government officials, NGOs, or other groups; rehabilitation or counseling programs; funding -- would be appropriate for countries? How can the United Nations encourage countries to accede to international instruments that put forth standards for women's human rights and promote protection from violence?
3. With regard to issues such as female genital mutilation, to what extent must cultural, religious, or traditional values be considered and respected where such practices limit opportunities for women or prove harmful to their health? Are there other options available that could serve as symbolic substitutes for certain practices as suggested by the delegate from San Marino? Is the World Health Organization's assertion that FGM can be eliminated in three generations a realistic goal? If so, how can the United Nations system assist in bringing that goal to fruition?
4. If trafficking in women and children is increasing, despite the existence of various conventions and virtually world-wide condemnation of the practice, what actions can the UN system take to limit such trafficking? Should national laws be harmonized with international law? Is it desirable or possible to establish a consistent set of punishments for those found guilty of trafficking in women and children? Should those who engage in trafficking be subject to the jurisdiction of the International Criminal Court? Should there be greater cooperation at the regional level among governments or law enforcement agencies? Do these possibilities present an unacceptable threat to national sovereignty?
5. With regard to even more vulnerable groups of women and children including refugees, migrants, and the internally displaced, what should be done to ensure their protection? Will education and assistance programs be sufficient? Should additional funds be made available to organizations such as UNHCR, UNICEF, or IOM to help these groups? Who should be responsible for assistance to internally displaced women and children?
6. How can the practice of conscripting children for participation in armed conflict be stopped? Olara Otunnu, Special Representative of the Secretary-General for Children and Armed Conflict, has offered a series of recommendations on this issue: there must be a political reinforcement of commitments to existing agreements; local value systems promoting the protection of children must be strengthened; monitoring of situations on the ground (near places of conflict) must be improved; neighboring countries must commit themselves to protecting children and prevent their recruitment; the minimum age of conscription should be raised from 15 to 18. Can or should any of these suggestions be implemented at this time? How? By whom?

 

Sources

  1. Pietila, Hilkka and Jeanne Vickers, "The UN system in the vanguard of advancement of women: Equality, development and peace," in Chadwick F. Alger (ed) The Future of the United Nations System: Potential for the Twenty-First Century. The United Nations University: Tokyo, 1998. (pp. 248-281)
  2. Tessitore, John and Susan Woolfson (eds), A Global Agenda: Issues Before the 52nd General Assembly of the United Nations. Rowman & Littlefield: Lanham, MD, 1997.
  3. UNHCR, "Guidelines on the Protection of Refugee Women," n.d.
  4. United Nations, "FWCW Platform for Action: Violence against Women."
  5. http://www.un.org/womenwatch/daw/beijing/platform/violence.htm#diagnosis
  6. United Nations Daily Press Briefings: 25 May 1999 and 29 June 1999.
  7. http://www.un.org/News/briefings
  8. United Nations General Assembly Resolutions A/53/116, 117, 125, 127, 128.
  9. gopher://gopher.un.org:70/00/ga/recs
  10. United Nations Press Releases GA/SHC/3473-3482
  11. http://www.un.org/plweb-cgi/doc.pl