Fourth World Conference on Women WOM/BEI/34 Main Committee 14 September 1995 4th Meeting (Night) CONFERENCE MAIN COMMITTEE APPROVES WORDING IN DRAFT PLATFORM ON CONTENTIOUS ISSUES, INCLUDING SEXUAL, REPRODUCTIVE RIGHTS Among Still Unresolved Texts: Sexual Orientation, Punitive Measures for Illegal Abortions, Women's Unrenumerated Work Continuing the chapter by chapter process of approving the draft platform of action of the Fourth World Conference on Women, the Conference's Main Committee endorsed at a seven-hour meeting texts on a number of controversial subjects, including sexual and reproductive rights, pornography, trafficking in women and girls, the possible sale of children's organs, and the mobilization of resources for the advancement of women. The results of the Committee's deliberation are to be forwarded to the Conference plenary for approval on its closing day tomorrow, 15 September. At a meeting which lasted until 2:20 a.m., the Committee also approved sections of the draft Platform for Action concerning poverty, education, health, violence against women, economic structures, mechanisms for the advancement of women, human rights, the environment and the girl child. The draft's chapters on the global framework, critical areas of concern and financial resources were also approved, largely free of brackets. In the area of health, the Committee approved language on such matters as unsafe abortion and unwanted pregnancy, premature sexual relations, unsafe sex, prenatal sex selection and sexual rights. Approval of the section on health -- Section C -- was accompanied by reservations expressed by several States on provisions relating to sexual health and illegal abortion, with (more) Main Committee - 2 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 other countries reserving their right to do so at a later date. Among the latter, there were many who said that they could possibly accept the text without reservation if brackets were removed from a still-disputed footnote which states that implementation of the section on health is the "sovereign right of each country, consistent with national laws and development priorities, with full respect for the various religious and ethical values and cultural backgrounds of its people and in conformity with universally recognized international human rights". In a statement representing a view that was echoed by many, the representative of the Holy See said that the footnote, if adopted, would permit States that had expressed reservations to withdraw them in plenary. The Committee should therefore go ahead and approve it on that understanding, so as to avoid "a debacle in the plenary". The following countries also expressed reservations to parts of Section C: Venezuela, Nicaragua, Mauritania, Iraq, Kuwait and Oman. Morocco, Libya, Yemen, United Arab Emirates, Syria, Jordan, Iran, Tunisia, Sudan, Bahrain, Holy See, Indonesia and Bangladesh reserved their right to express reservations on that section at an appropriate time. Japan joined the consensus and confirmed its understanding that national roles could only be determined at a national level and in a national context. After the Committee approved a heavily-negotiated paragraph on injustice and obstacles in relation to inheritance faced by the girl child, the representatives of Mauritania, United Arab Emirates, Syria, Iraq, Bangladesh and Oman voiced cautious acceptance of that provision, while the representative of Vanuatu expressed his delegation's reservations. The representative of Nepal entered a reservation on the draft's provision relating to the critical role of women in the family. The representative of the United States declared that her Government understood the reference to "equal remuneration" to mean the promotion of pay equity. On the paragraph in Chapter II concerning absolute poverty and the feminization of poverty, it interpreted the words "radical transformation of the relationship between men and women" as an affirmation of its own goal of ensuring equality between them. On the text dealing with the importance of non-governmental organizations in the process of change and on the need for governments to create enabling environments for such organizations, the United States noted that governments automatically committed themselves to the goals by such acts of empowerment. Finally, it interpreted language in the section on health as applying existing norms of human rights law to men and women. (more) Main Committee - 3 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 With two days to go before the Conference is scheduled to adopt the Platform for Action and an accompanying Beijing Declaration, delegates resolved several long-standing issues, but left thus far unresolved text on such subjects as sexual orientation, punitive measures for women who have illegal abortions and women's unremunerated work, among others. In addition, the titles of all 12 critical areas of concern remain bracketed. The Committee decided to postpone approval of the draft's Mission Statement after the Philippines, speaking on behalf of the "Group of 77" developing countries and China, said that it was unbalanced and weighted too heavily towards human rights to the detriment of development. The Main Committee based its actions on the recommendations of its two working groups. The reports of Working Group I were introduced by its Chairperson, Nana Yeboa (Ghana). Irene Freudenschuss-Reichl (Austria) introduced the reports of Working Group II, which she chaired. The Main Committee will meet again at 3 p.m. tomorrow, 14 September, to continue its work on the draft Platform for Action. (more) Main Committee - 4 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 Global Framework Chapter II, the Global Framework, was approved largely free of brackets. The Main Committee cleared text stating that excessive military expenditures and investments for arms production and acquisition have reduced the resources available for social development. Many of the structural adjustment programmes undertaken by developing counties have been poorly designed and implemented, with resulting detrimental effects on social development. A heavily-negotiated paragraph approved for inclusion in the Global Framework states that girl children are often subjected to various forms of sexual and economic exploitation, pedophilia, forced prostitution and, possibly, the sale of their organs and tissues, violence and harmful practices such as female infanticide and prenatal sex selection, incest, female genital mutilation and early marriage, including child marriage. Also approved after much discussion was a paragraph acknowledging the role of religion in fulfilling moral, ethical and spiritual needs, which also states that any form of extremism may have a negative impact on women and could lead to violence and discrimination. Another passage containing carefully negotiated language relates to women's critical role in the family and in the development of the society. It acknowledges the social significance of motherhood and maternity but states that maternity must not be a basis for discrimination nor restrict the full participation of women in society. Critical Areas of Concern Endorsing chapter III, the critical areas of concern, the Committee approved language calling on the international community to take action to counter the effects of persecution and armed conflict on women, including those under foreign occupation or alien domination. It further approved language recognizing that vast political, economic and ecological crises persist in many parts of the world. Among them are wars of aggression, armed conflict, colonial or other forms of alien domination or foreign occupation, civil wars or terrorism. This situation, combined with systematic or de facto discrimination, are detrimental to the advancement of women. Poverty Chapter IV Section A, on poverty, was approved with several paragraphs still in brackets. Multilateral financial institutions were called upon to seek durable solutions to problems of external debt. (more) Main Committee - 5 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 A section on the role of non-governmental organizations was approved with calls for mobilizing groups to improve the effectiveness of anti-poverty programmes directed towards the poorest and most disadvantaged groups of women. Non-governmental organizations and women's organizations should organize pressure groups and establish monitoring mechanisms and other relevant activities to ensure implementation of the recommendations on poverty. Among the remaining bracketed provisions is text calling on non- governmental organizations to mobilize to protect women's right to full and equal access to economic resources, "regardless of customary laws, traditions and practices related to inheritance and marriage". Education The Committee approved language in Section B recognizing that access and retention of girls to all levels of education is a factor of their progress in professional activities. It noted that women are still concentrated in a limited number of study fields. The draft calls on governments to take measures to eliminate discrimination in education on the basis of gender, race, language, religion, national origin, age or disability. Governments should also ensure that women of all ages can acquire knowledge, develop capacities, aptitudes and skills and ethical values needed to participate fully and equally in the development process. The international community should work to promote literacy, life skills, scientific and technological knowledge, and work towards the expansion of the definition of literacy, taking into account current targets and benchmarks. Governments should ensure access to education for adult women with little education, for women with disabilities and for documented migrant, refugee and displaced women. Gender equality and cultural and religious and other diversity should be respected in educational institutions. Sexual and Reproductive Rights; Health Care for Women By approving most of the Platform's section on health, the Main Committee endorsed language on the right of women to control all aspects of their health, particularly their fertility, which was basic to their empowerment. "The ability of women to control their own fertility forms an important basis for the enjoyment of other rights." The text points to a trend toward early sexual experience, stating that it increases the risk of unwanted and too early pregnancy, HIV infection and other sexually-transmitted diseases, as well as unsafe abortion. Unsafe abortion threatens the lives of a large number of women, representing a grave public health problem. Most of the deaths and injuries are preventable through improved access to health care, including family planning and emergency obstetric care. The right of women and men to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, "as well as other methods of their (more) Main Committee - 6 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 choice for regulation of fertility which are not against the law" is recognized in the text. In that context, the Platform makes reference to the Cairo Programme of Action adopted at the 1994 International Conference on Population and Development, which should guide efforts on the matter. The Cairo agreement is also cited in the recommendation that governments deal with the health impact of unsafe abortion. The section deals extensively with the problems of HIV/AIDS and other sexually-transmitted diseases, stating that women often do not have the power to insist on safe and responsible sex practices. "Women, who represent half of all adults newly infected with HIV/AIDS and other sexually transmitted diseases, have emphasized that social vulnerability and the unequal power relationships between women and men are obstacles to safe sex." Sexual and gender-based violence, including physical and psychological abuse, trafficking in women and girls, other forms of abuse and sexual exploitation place girls and women at high risk of trauma, disease and unwanted pregnancy. Among the recommendations to governments, the Platform calls for enacting legislation against socio-cultural practices which contribute to women's susceptibility to HIV infection and other sexually transmitted diseases. Support should be given to programmes which acknowledge the link between high-risk behaviour, including intravenous substance use and substance-influenced unprotected and irresponsible sexual behaviour. The text also recommends that programmes should also be designed for men of all ages and male adolescents aimed at providing complete and accurate information on safe and responsible sexual and reproductive behaviour, including male methods for the prevention of HIV/AIDS and other sexually transmitted diseases through, among others, abstinence and condom use. Governments are called upon to allow women access to social security systems in equality with men throughout the whole life cycle and to provide more accessible and affordable quality health care services, including sexual and reproductive health care, which includes family planning information and services with particular attention to maternal and emergency obstetric care, as agreed in the Programme of Action of the International Conference on Population and Development. Governments should also take measures to eliminate harmful, medically unnecessary or coercive medical interventions, as well as inappropriate medication and over-medication of women. Youth non- governmental organizations should receive assistance to address youth concerns in the areas of health, including sexual and reproductive health. The rights of the child to access to information, privacy, confidentiality, respect and informed consent should be taken into account, along with the responsibilities, rights and duties of parents to provide direction and guidance. (more) Main Committee - 7 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 In addition to dealing with sexual and reproductive health, the Section addresses a wide range of health-related subjects, such as the health of older women; mental health services for victims of domestic violence or sexual or other forms of abuse; targets for reducing infant and child mortality; the benefits of breast-feeding; assistance to women substance-abusers and their families; and access to safe drinking water. Among the language which is still pending agreement is a call on governments to consider reviewing laws containing punitive measures against women who have undergone illegal abortions. Violence Against Women Section D states that the failure to protect and promote the human rights and fundamental freedoms of women in the case of violence against them is a matter of concern to all States and should be addressed. The text provides a definition of violence against women, and states that acts or threats of violence, whether occurring within the home or in the community, or perpetrated or condoned by the State, instill fear and insecurity in women's lives and are obstacles to the achievement of equality and for development and peace. High social, health and economic costs to the individual and society are associated with violence against women. Another matter of pressing international concern is the effective suppression of trafficking in women and girls for the sex trade, the text states. The use of women in international prostitution and trafficking networks has become a major focus of international organized crime. The Special Rapporteur of the Commission on Human Rights is invited to address the problem as a matter of urgency. The draft Platform recommends that governments of countries of origin, transit and destination, regional and international organizations take measures to address the root factors that encourage trafficking in women and girls for prostitution and other forms of the commercialization of sex, forced marriages and forced labour in order to eliminate trafficking in women. Resources should be allocated to rehabilitate victims of violence. Governments should condemn violence against women and refrain from invoking any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. They should adopt legislation and ensure its effectiveness in eliminating violence against women and should work actively to ratify or implement all international human rights norms and instruments as they relate to violence against. Governments should allocate adequate resources for activities related to the elimination of violence against women. (more) Main Committee - 8 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 Economic Structures The Committee approved Section F, concerning economic structures, largely free of brackets. Among the issues addressed are conditions for women at work, including sexual harassment, which is described as "an affront to a worker's dignity" that prevents women from making a contribution commensurate with their abilities. The lack of appropriate and affordable child care and inflexible working hours prevent women from achieving their full potential. While globalization has created some new employment opportunities, it has also exacerbated inequalities between women and men. Globalization can create pressures on the employment situation of women to adjust to new circumstances and find new sources of employment as patterns of trade change. More analysis needs to be done on the impact of globalization on women's economic status. In countries undergoing fundamental transformations, women's skills, if better utilized, could make a major contribution to the economy. Governments should integrate a gender perspective into all economic restructuring and structural adjustment policies and should create an enabling environment for women's workers' organizations and cooperatives. Regarding migrant women, the draft calls attention to the economic contributions they make to sending countries, through remittances, and to receiving countries, through their participation in the labour force. Many experience higher levels of unemployment as compared to both non-migrant and male migrant workers. Agreement has yet to be reached on several portions of the text, including those relating to women's unremunerated contributions to the economy; technical assistance for developing countries and funding to collect data on unpaid work; and multilateral assistance to low and middle-income countries with a high proportion of multilateral debt. Mechanisms for Advancement of Women Section H, on mechanisms to promote the advancement of women, calls for action to integrate gender perspectives in all policies and programmes so that, before decisions are taken, an analysis is made of the effects on women and men, respectively. Statistics related to individuals should be collected, compiled and analyzed and presented by sex and age and reflect problems, issues and questions related to women and men in society. Among the remaining contentious text are references to networks of focal points to monitor progress in implementation of the draft Platform; parallel accounts of women's and (more) Main Committee - 9 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 men's unremunerated economic contribution; and multilateral development assistance in support of efforts to fully measure the work done by women, including both remunerated and unremunerated work. Human Rights of Women Section I of the draft Platform calls for action to promote and protect the human rights of women through full implementation of all human rights instruments; ensure equality and non-discrimination under the law; and achieve legal literacy. Action is requested to promote education on the human and legal rights of women in school curricula at all levels of education and to undertake public campaigns -- including in the most widely used languages of the country -- on the equality of women and men in public and private life. Governments should work actively towards ratification or accession to and implementation of human rights treaties. They should also limit reservations to the Convention on the Elimination of All Forms of Discrimination against Women and withdraw reservations that are contrary to the purpose of the Convention. States parties should review all national laws, policies, practices and procedures to ensure that they meet Convention obligations. The text states that factors affecting the flight of refugee women, other displaced women in need of international protection and internally displaced women may be different from those affecting men. These women continue to be vulnerable to human rights abuses during and after flight. Still bracketed in this section is a reference to discrimination based on sexual orientation. Environment Much of Section K, on women and the environment, was approved. The text recognized the vital role of women in sustainable development, both as consumers and producers. Their concern to maintain the quality of life for present and future generations was also recognized. The active participation of women, especially indigenous women, should be encouraged in decision-making on the environment at all levels. Governments were invited to elaborate data bases to determine, among others, the impact on women of the deterioration of the environment and of natural resources. (more) Main Committee - 10 - Press Release WOM/BEI/34 4th Meeting (Night) 14 September 1995 Girl Children Approving Section L on the girl child -- one of the most heavily bracketed texts coming into the Conference -- the Main Committee endorsed language describing the manifestations of discrimination against girls, including female genital mutilation, female infanticide and prenatal sex selection, early marriage, sexual exploitation, sexual abuse and discrimination against girls in food allocation. Girls have lower school enrolment rates than boys and are often not encouraged to pursue scientific and technological training. They are also less encouraged than boys to participate in and learn about the social, political and economic functioning of society. Girls often face pressures to engage in sexual activity, the text states. "Due to factors such as their youth, social pressures, lack of protective laws or failure to enforce laws, girls are more vulnerable to all kinds of violence, particularly sexual violence, including rape, sexual abuse, sexual exploitation, trafficking, possibly the sale of their organs and tissues and forced labour. The girl child with disabilities faces additional barriers and needs to be ensured non-discrimination and equal enjoyment of all human rights and fundamental freedoms. A series of measures is elaborated in the text to protect and support girls in such areas as education; food allocation; vulnerability to sexually- transmitted diseases; traditional practices which are prejudicial to their health; work; and eradication of violence. A heavily-negotiated paragraph states that governments should eliminate "the injustice and obstacles in relation to inheritance faced by the girl child so that all children may enjoy their rights without discrimination, by, among others, enacting, as appropriate, and enforcing legislation that guarantees equal right to succession and ensuring equal right to inherit, regardless of the sex of the child". Financial Arrangements Chapter VI of the draft Platform, on financial arrangements, states that governing bodies within the United Nations system should give special consideration to the effective implementation of the Platform and to review their policies, programmes, budgets and activities in order to achieve the most effective and efficient use of funds to that end. The allocation of additional resources from within the United Nations regular budget in order to implement the Platform for Action will also be necessary. Resources provided by the international community for the United Nations programmes and funds needed to be sufficient and should be maintained at an adequate level. The outcome of the World Summit for Social Development (Copengagen, March 1995) regarding debt management and reduction should be implemented in order to facilitate realization of the Platform's goals. * *** *