CEDAW 29th Session: Women's Globalnet #231



IWTC WOMEN'S GLOBALNET #231
Initiatives and Activities of Women Worldwide
July 22, 2003

WOMEN AND LAW

1. UPDATE ON THE COMMITTEE ON THE CONVENTION ON THE ELIMINATION OF
DISCRIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)

CEDAW held its 29th Session at the UN Headquarters, New York from 30
June-18 July 2003.  The Committee considered reports from the following
8 countries:  Brazil, Costa Rica, Ecuador, France, Japan, Morocco, New
Zealand, and Slovenia.

In addition to the official country reports, CEDAW experts receive
shadow and/or alternative reports from representatives of
non-governmental organizations (NGOs) in the reporting countries who are
also able to brief the Committee's pre-session working group as well as
the plenary meetings. In this current session, shadow reports have been
submitted by NGOs of all eight countries to the CEDAW Secretariat for
circulation among experts.

The shadow report system within the larger CEDAW review process is
important for several reasons.  It establishes a formal role for NGOs
within the CEDAW process and it allows CEDAW experts to see the issues
through multiple lenses.  IWTC is discussing with other international
groups how to develop more fully the linkages between CEDAW and the UN
Security Resolution 1325 on Women, Peace and Human Security.  Such an
opportunity may exist in the 30th CEDAW session, tentatively scheduled
for January 2004, where, among the 8 reporting countries (Belarus,
Bhutan, Ethiopia, Germany, Kuwait, Kyrgyzstan, Nepal and Nigeria),
Ethiopia, Nepal and Nigeria are countries in which women have
experienced the impact of armed conflict.

For NGOs from reporting countries, technical support is available on the
"how-to's" of the shadow report system through several institutions
including York University International Women's Rights Project
(www.yorku.ca/iwrp) and International Women's Rights Action Watch
(www.iwraw.org)

The following countries have signed and ratified the CEDAW convention in
2003:  Afganistan-5th March 2003, Syrian Arab Republic­28th March 2003,
Timor-Liste ­16th April 2003.  In addition, one more country Sao Tome
and Principe ratified the convention on June 3, 2003, bringing the total
number of ratifications to 174 countries out of a total of 191 countries
in the United Nations.
For more information see:  http://www.un.org/womenwatch/daw/cedaw.htm

For an in-depth analysis of the impact of CEDAW :  "The First CEDAW
Impact Study Final Report" by Marilou Mcphedran, Susan Bazilli, Moana
Erickson and Andrew Bynes.  This pilot study by the International
Women's Rights Project (IWRP) at York University concluded that,
although CEDAW is underutilized, there is a growing awareness among
women's groups who participated in the study of how they can use the
convention to pressure their governments to abide by international
treaty commitments. Countries include Germany, Japan, Nepal, South
Africa and Turkey.
2000. 232 pages.  US$25.00
To order, contact Mary Wong, Sales Manager (Tel: 212-687-8633  ext.204
Fax: 212-661-2704  email: wink@womenink.org)
You can also order online at http://www.womenink.org

2. GENDER UPDATE ON THE INTERNATIONAL CRIMINAL COURT (ICC)

Following the March 2003 inauguration of 18 Judges including 7 women to
the International Criminal Court (ICC), attention is now being turned to
the next round of appointments.  Sworn into the ICC as Prosecutor in
June was Mr. Luis Moreno Ocampo of Argentina.  His first task will be to
nominate Deputy Prosecutors and investigators for appointment by the
Assembly.  The application period for Deputy Prosecutors ends on July
20, 2003 at which time the Prosecutor would nominate 3 candidates
through an interview process.  The Assembly would then elect one or two
Deputy Prosecutors during the September 2003 session through a closed
balloting process.

The importance of the role of the Prosecutor was noted by the Lawyers
Committee for Human Rights, "The position of Prosecutor is among the
most crucial at the new Court.  How he exercises his discretion to
decide which investigations to pursue and what type of prosecutorial
strategy he develops will do a lot to determine the effectiveness and
efficiency of the ICC".  It is therefore important that gender advocates
continue to demand a gender balance in the prosecution team and the
court as a whole if the court is to work for women.

3. UPDATE ON THE WOMEN'S CAUCUS FOR GENDER JUSTICE

The Women's Caucus for Gender Justice, an international coalition of
NGOs founded to advocate for gender perspectives in the negotiations
toward the International Criminal Court (ICC), in a recently circulated
letter, said farewell to it partners, supporters, donors and friends as
it moves to a different phase in its work. The Caucus, which has been
credited for the explicit inclusion of rape and other gender-based
crimes as war crimes and crimes against humanity, called for continued
and expanded gender advocacy in their letter when they said, "The
achievement and the court now belongs to every one".  We commend The
Women's Caucus for Gender Justice for ensuring that gender perspectives
in the developments of the Rome Statutes and in all the processes of the
ICC. The organization's new role as " Women's Initiatives for Gender
Justice" is expected to open its offices at The Hague.  (Reference
Globalnet 192 of April 02)
Links: http://www.iccnow.org, http://www.lchr.org http://www.un.org
Relevant Women ink resources;
-Women's Human Rights Step by Step
By the Women, Law and development International/ Women's Rights Project.
-The International Criminal Court.  The making of the Rome Statute.
Issues. Negotiations. Results Edited by Roy S. Lee
-The International Criminal Court. Elements of Crimes and Rules of
Procedure and Evidence. Edited by Roy S. Lee
For more information see: http://www.womenink.org

4. PROTOCOL ON WOMEN'S RIGHTS ADOPTED BY THE MAPUTO AFRICAN UNITY SUMMIT


The African Unity Summit held in Maputo, Mozambique during 4-12 July
2003 adopted the Protocol on Women's Rights to the African Charter on
Human and People's Rights.  The new Protocol is a historic first in that
it calls for the legal prohibition of female genital mutilation.  It
sets forth a broad range of rights for women including establishment of
the minimum age for marriage at 18, affirmative action to promote the
equal participation of women and right to equal pay for equal work.  The
Protocol also sets a precedent in international law by explicitly
calling for the reproductive right of women to medical abortion when
pregnancy results from rape or incest or when maternal health or life is
endangered with the continuation of pregnancy.  Of the 53 members of the
African Unity, Egypt and Libya attached reservations because, in their
view, the Protocol is not in line with the Islamic Sharia Law.  15
members need to ratify the Protocol in order for it to come into force.
(Sources:  http://www.equalitynow.org, http://www.wn.org)

5. NEW TRAINING APPROACHES: USING LAW TO CHANGE WOMEN'S LIVES

The Asia Pacific Forum on Women, Law and Development is developing sets
of instructional methodology and materials that focus on Feminist Legal
Theory and Practice.   At one recent workshop in Thailand, participants
discussed the framework for feminist legal theory and practice, the
different streams of feminism, law as an institution or system and its
dynamic and interacting components.  One participant in the workshop
commented "the discussions were insightful and confirm that law can be
used as a tool for changing women's situations: the[re is a] need to
interrogate law's contribution to women's subordination and oppression."
  The participants at the workshop demonstrated an understanding of the
use of law as an entry point to address women's concerns and the
limitations of the law.  Materials used and developed in the training
are being compiled into a manual. For more information see:
http://www.apwld.org
Other relevant links: http://www.whrnet.org, http://www.iwraw-ap.org

This issue of GlobalNet was researched and prepared by Isha Dyfan,
Kristina Lawyer and Hanako Kaku

IWTC Women's GlobalNet is a production of:

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WOMEN, INK.
For quality, cutting-edge publications on women and development by, for and 
about women worldwide, write for  Women, Ink's 2002/2003 catalogue, or view 
it at : <http://www.womenink.org>.

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