| United Nations | E/1996/26 - E/CN.6/1996/15 |
Commission on the Status of Women
Distr. GENERAL
E/1996/26
E/CN.6/1996/15
United Nations
Commission on the Status of Women
Report on the fortieth session
(11-22 March 1996)
Economic and Social Council
Official Records, 1996
Supplement No.6
E/1996/26
E/CN.6/1996/15
Commission on the
Status of Women
Report on the fortieth session
(11-22 March 1996)
Economic and Social Council
Official Records, 1996
Supplement No.6
United Nations ~ New York, 1996
NOTE
Symbols of United Nations documents are composed of capital
letters combined with figures.
ISSN 0252-0117
CONTENTS
Chapter Page
I. MATTERS CALLING FOR ACTION BY THE ECONOMIC AND SOCIAL COUNCIL OR
BROUGHT TO ITS ATTENTION ......................................... 1
A. Draft resolutions ............................................ 1
I. Palestinian women ........................................ 1
II. Follow-up to the Fourth World Conference on Women ........ 2
B. Draft decisions .............................................. 7
I. Renewal of the mandate of the Open-ended Working Group on
the Elaboration of a Draft Optional Protocol to the
Convention on the Elimination of All Forms of
Discrimination against Women ............................. 8
II. Report of the Commission on the Status of Women on its
fortieth session and provisional agenda and documentation
for the forty-first session of the Commission ............ 8
C. Matters brought to the attention of the Council .............. 9
1. Agreed conclusions ....................................... 9
1996/1. Methods of work for dealing with the
implementation of the Platform for Action adopted
by the Fourth World Conference on Women ......... 10
1996/2. Women and the media ............................. 11
1996/3. Child and dependant care, including sharing of
work and family responsibilities ................ 14
2. Resolutions and decision ................................. 17
Resolution 40/1. Release of women and children taken
hostage in armed conflicts and
imprisoned ............................. 18
Resolution 40/2. Integration of women in the Middle East
peace process .......................... 19
Resolution 40/3. Mainstreaming the human rights of women 20
Resolution 40/4. Traffic in women and girls ............. 23
Resolution 40/5. International Research and Training
Institute for the Advancement of Women . 26
Resolution 40/6. Violence against women migrant workers . 27
CONTENTS (continued)
Chapter Page
Resolution 40/7. Attainment of strategic objectives and
action to be taken in the critical
area of concern: women and the media 29
Resolution 40/8. Elaboration of a draft optional
protocol to the Convention on the
Elimination of All Forms of
Discrimination against Women ......... 30
Resolution 40/9. Implementation of strategic objectives
and action in the critical area of
concern: poverty .................... 31
Resolution 40/10. Comments on the proposed system-wide
medium-term plan for the advancement
of women, 1996-2001 .................. 37
Resolution 40/101. Reports relating to follow-up to the
Fourth World Conference on Women ..... 46
II. FOLLOW-UP TO THE FOURTH WORLD CONFERENCE ON WOMEN ............... 47
III. COMMUNICATIONS CONCERNING THE STATUS OF WOMEN ................... 87
IV. ELABORATION OF A DRAFT OPTIONAL PROTOCOL TO THE CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN ........ 89
V. PROVISIONAL AGENDA FOR THE FORTY-FIRST SESSION OF THE COMMISSION 91
VI. ADOPTION OF THE REPORT OF THE COMMISSION ON ITS FORTIETH SESSION 92
VII. ORGANIZATION OF THE SESSION ..................................... 93
A. Opening and duration of the session ......................... 93
B. Attendance .................................................. 93
C. Election of officers ........................................ 93
D. Agenda and organization of work ............................. 93
E. Consultations with non-governmental organizations ........... 94
Annexes
I. Attendance ...................................................... 95
II. List of documents before the Commission at its fortieth session . 101
III. Report of the Open-ended Working Group on the Elaboration of a
Draft Optional Protocol to the Convention on the Elimination of
All Forms of Discrimination against Women ....................... 106
Chapter I
MATTERS CALLING FOR ACTION BY THE ECONOMIC AND
SOCIAL COUNCIL OR BROUGHT TO ITS ATTENTION
A. Draft resolutions
1. The Commission on the Status of Women recommends to the Economic and
Social Council the adoption of the following draft resolutions:
DRAFT RESOLUTION I
Palestinian women*
The Economic and Social Council,
Having considered with appreciation the report of the Secretary-General
on the situation of and assistance to Palestinian women, 1/
Recalling the Nairobi Forward-looking Strategies for the Advancement of
Women, 2/ in particular paragraph 260 concerning Palestinian women and
children, and the Beijing Platform for Action adopted by the Fourth World
Conference on Women, 3/
Recalling also its resolution 1995/30 of 25 July 1995 and other relevant
United Nations resolutions,
Recalling the Declaration on the Elimination of Violence against
Women 4/ as it concerns the protection for civilian populations,
Welcoming the signing by the Palestine Liberation Organization and the
Government of Israel of the Declaration of Principles on Interim
Self-Government Arrangements, 5/ in Washington, D.C., on 13 September 1993,
as well as all subsequent agreements reached between the two parties,
Concerned about the continuing difficult situation of Palestinian women
in the occupied Palestinian territory, including Jerusalem, and about the
severe consequences of continuous Israeli illegal settlements activities, as
well as the harsh economic conditions and other consequences for the situation
of Palestine women and their families, resulting from the frequent closure and
isolation of the occupied territory,
* For the discussion, see chap. II, paras. 57-61.
1/ E/CN.6/1996/8.
2/ Report of the World Conference to Review and Appraise the
Achiements of the United Nations Decade for Women: Equality, Development and
Peace, Nairobi, 15-26 July 1986 (United Nations publication, Sales No.
E.85.IV.10), chap. I, sect. A.
3/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex II.
4/ General Assembly resolution 48/104.
5/ A/48/486-S/26560, annex.
1. Recognizes the gradual, positive changes that are taking place as a
result of the implementation of the agreements between the two parties;
2. Reaffirms that the Israeli occupation continues to constitute a
major obstacle to the advancement and self-reliance of Palestinian women and
their integration in the development planning of their society;
3. Demands that Israel, the occupying Power, comply fully with the
provisions and principles of the Universal Declaration of Human Rights,
the Hague Conventions 7/ and the Geneva Convention relative to the
protection of Civilian Persons in Time of War, of 12 August 1949, 8/ in
order to protect the rights of Palestinian women and their families;
4. Calls upon Israel to facilitate the return of all refugee and
displaced Palestinian women and children to their homes and properties in the
occupied Palestinian territory, in compliance with relevant United Nations
resolutions;
5. Urges Member States, financial organizations of the United Nations
system, non-governmental organizations and other relevant institutions to
intensify their efforts to provide financial and technical assistance to
Palestinian women for the creation of projects responding to their needs,
especially during the transitional period;
6. Requests the Commission on the Status of Women to continue to
monitor and take action on the implementation of the Nairobi Forward-looking
Strategies for the Advancement of Women, 2/ in particular paragraph 260
concerning Palestinian women and children, and the Beijing Platform for
Action; 3/
7. Requests the Secretary-General to continue to review the situation
and to assist Palestinian women by all available means, and to submit to the
Commission on the Status of Women at its forty-first session a report on
progress made in the implementation of the present resolution.
* For the discussion, see chap. II, paras. 79-82.
6/ General Assembly resolution 217 A (III)
7/ Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
8/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
DRAFT RESOLUTION II
Follow-up to the Fourth World Conference on Women*
The Economic and Social Council,
Welcoming the outcome of the Fourth World Conference on Women, held at
Beijing from 4 to 15 September 1995, and the adoption of the Platform for
Action, 3/
Bearing in mind Economic and Social Council resolutions ll (II) of
21 June 1946 and 48 (IV) of 29 March 1947, by which the Council established
the Commission on the Status of Women and defined its terms of reference, and
1987/22 of 26 May 1987, by which the Council expanded the mandate of the
Commission,
Taking into account agreed conclusions 1995/1, approved by the Council
on 28 July 1995, 9/ as well as General Assembly resolution 50/203 of
22 December 1995, on the follow-up to the Fourth World Conference on Women and
full implementation of the Beijing Declaration and the Platform for Action, in
which the Assembly invited the Economic and Social Council to review and
strengthen the mandate of the Commission,
Acknowledging the decision of the Committee on the Elimination of
Discrimination against Women to add to its reporting guidelines an invitation
to States parties to include in their report to the Committee information on
measures taken to implement the Platform for Action, in order to monitor
effectively, within its mandate, the rights guaranteed under the Convention on
the Elimination of All Forms of Discrimination against Women,
I
Framework for the functioning of the Commission
Recalling that the General Assembly, in resolution 50/203, decided that
the General Assembly, the Economic and Social Council and the Commission on
the Status of Women, in accordance with their respective mandates and in
accordance with Assembly resolution 48/162 of 20 December 1993 and other
relevant resolutions, should constitute a three-tiered intergovernmental
mechanism that would play the primary role in the overall policy-making and
follow-up, and in coordinating the implementation and monitoring of the
Platform for Action, reaffirming the need for a coordinated follow-up to and
implementation of the results of major international conferences in the
economic, social and related fields,
Convinced that the follow-up to the Fourth World Conference on Women
should be undertaken on the basis of an integrated approach to the advancement
of women within the framework of a coordinated follow-up to and implementation
of the results of major international conferences in the economic, social and
related fields, as well as the overall responsibilities of the General
Assembly and the Economic and Social Council,
1. Decides that the Commission on the Status of Women shall have a
catalytic role in mainstreaming a gender perspective in policies and
programmes;
2. Decides that the inter-agency committee on the follow-up to the
Fourth World Conference on Women, once established by the Administrative
Committee on Coordination, shall inform the Commission and the Economic and
Social Council of the progress of its work, for the purpose of system-wide
coordination, and that a gender perspective shall also be fully integrated in
the work of all thematic task forces established by the Administrative
Committee on Coordination;
3. Decides that the Platform for Action should be implemented through
the work of all the bodies and organizations of the United Nations system
during the period 1995-2000, and notes that the institutions of the United
Nations especially devoted to the advancement of women, including the
International Research and Training Institute for the Advancement of Women and
the United Nations Development Fund for Women, are in the process of reviewing
their programmes of work in the light of the Platform for Action and its
implementation;
4. Decides, in view of the traditional importance of non-governmental
organizations in the advancement of women, that such organizations should be
encouraged to participate in the work of the Commission and in the monitoring
and implementation process related to the Conference to the maximum extent
possible, and requests the Secretary-General to make appropriate arrangements
to ensure full utilization of existing channels of communication with
non-governmental organizations in order to facilitate broad-based
participation and dissemination of information;
5. Decides, in recognition of the valuable contribution of
non-governmental organizations to the Fourth World Conference on Women, that
the Council and its Committee on Non-Governmental Organizations will review
the applications of these non-governmental organizations under Council
resolution 1296 (XLIV) of 23 May 1968 as expeditiously as possible, and also
decides that, prior to the forty-first session of the Commission on the Status
of Women, the Council will take a decision on the participation of the
non-governmental organizations that were accredited to the Conference and that
have applied for consultative status, in Conference follow-up and in the work
of the Commission on the Status of Women, without prejudice to the work of the
Open-ended Working Group on the Review of Arrangements for Consultation with
Non-Governmental Organizations;
6. Requests the Secretary-General urgently to draw the attention of
non-governmental organizations accredited to the Fourth World Conference on
Women to the provisions of the present resolution and to the process
established under Council resolution 1296 (XLIV);
9/ A/50/3, chap. III, para. 22.
II
Terms of reference
1. Confirms the existing mandate of the Commission on the Status of
Women as set out in its resolutions 11 (II), 48 (IV) and 1987/22, bearing in
mind that the Platform for Action builds upon the Nairobi Forward-looking
Strategies for the Advancement of Women;
2. Decides that the Commission shall assist the Economic and Social
Council in monitoring, reviewing and appraising progress achieved and problems
encountered in the implementation of the Beijing Declaration and Platform for
Action at all levels, and shall advise the Council thereon;
3. Decides that the Commission shall continue to ensure support for
mainstreaming a gender perspective in United Nations activities and develop
further its catalytic role in this regard in other areas;
4. Decides further that the Commission shall identify issues where
United Nations system-wide coordination needs to be improved in order to
assist the Council in its coordination function;
5. Decides that the Commission shall identify emerging issues, trends
and new approaches to issues affecting the situation of women or equality
between women and men that require urgent consideration, and make substantive
recommendations thereon;
6. Decides that the Commission shall maintain and enhance public
awareness and support for the implementation of the Platform for Action;
III
Documentation
1. Requests that all United Nations documentation be kept concise,
clear, analytical and timely with a focus on relevant issues and in accordance
with Council resolution 1987/24 of 26 May 1987 and agreed conclusions 1995/1,
approved by the Council on 28 July 1995; 9/ that reports contain
recommendations for action and indicate the actors; that reports be available
in all official languages, in accordance with the rules of the United Nations;
and that other methods of reporting, such as oral reports, also be explored;
2. Requests that the relevant reports of the meetings of inter-agency
mechanisms established by the Secretary-General be transmitted for information
to the Commission to ensure coordination, collaboration and coherence in the
implementation of the Platform for Action;
3. Decides that requests for reports of the Secretary-General should be
limited to the minimum strictly necessary and that the Secretariat should use
information and data already provided by Governments to the maximum extent
possible, avoiding duplication of requests to Governments for such
information;
4. Decides further that voluntary submission of national information,
for example national action plans or national reports by Governments, should
be encouraged;
5. Requests that the following reports be prepared under item 3,
entitled "Follow-up to the Fourth World Conference on Women", of the agenda
set out in section IV, paragraph 3, of the present resolution, bearing in mind
the need to promote integrated reporting:
(a) Report of the Secretary-General on the measures taken and the
progress achieved in mainstreaming a gender perspective within the United
Nations system (annually);
(b) Analytical report of the Secretary-General on the thematic issues
before the Commission in accordance with the multi-year work programme,
including, as far as possible, progress made in national implementation, based
on available data and statistics (annually);
(c) Report on emerging issues under item 3 (b) of the agenda set out in
section IV, paragraph 3, of the present resolution, as appropriate, at the
request of the Commission or its Bureau;
(d) Synthesized report on implementation plans of Governments and the
United Nations system, based, inter alia, on national action plans and any
other sources of information already available in the United Nations system
(in 1998);
(e) Mid-term review of the system-wide medium-term plan for the
advancement of women, 1996-2001 (in 1998);
(f) Report on the implementation of the Platform for Action, on the
basis of national reports, taking into account the Nairobi Forward-looking
Strategies for the Advancement of Women (in 2000);
IV
Work programme of the Commission on the Status of Women
1. Adopts a multi-year work programme for a focused and thematic
approach, culminating in a quinquennial review and appraisal of the Platform
for Action of the Fourth World Conference on Women; the work programme, inter
alia, will provide a framework to assess the progress achieved in the
implementation of the Platform for Action and will be in line with the
coordinated follow-up to conferences;
2. Decides that the work of the Commission in relation to the programme
of work shall be closely related to the relevant provisions of the Platform
for Action, with a view to ensuring the effective implementation of the
Platform for Action;
3. Decides that the agenda for the Commission shall consist of the
following:
1. Election of officers.
2. Adoption of the agenda and other organizational matters.
3. Follow-up to the Fourth World Conference on Women:
(a) Review of mainstreaming in organizations of the United Nations
system;
(b) Emerging issues, trends and new approaches to issues affecting
the situation of women or equality between women and men;
(c) Implementation of strategic objectives and action in the
critical areas of concern.
4. Communications concerning the status of women.
5. The Convention on the Elimination of All Forms of Discrimination
against Women, including the elaboration of a draft optional
protocol to the Convention.
6. Provisional agenda for the forty-second session of the Commission.
7. Adoption of the report of the Commission on its forty-first session.
4. Decides, in the light of the need for a focused and thematic
multi-year work programme on the critical areas of concern and bearing in mind
that the critical areas of concern are interrelated and interdependent, on the
following calendar:
1997 Education and training of women (Platform for Action,
chap. IV.B)
Women and the economy (Platform for Action, chap. IV.F)
Women in power and decision-making (Platform for Action,
chap. IV.G)
Women and the environment (Platform for Action, chap. IV.K)
1998 Violence against women (Platform for Action, chap. IV.D)
Women and armed conflict (Platform for Action, chap. IV.E)
Human rights of women (Platform for Action, chap. IV.I)
The girl child (Platform for Action, chap. IV.L)
1999 Women and health (Platform for Action, chap. IV.C)
Institutional mechanisms for the advancement of women (Platform
for Action, chap. IV.H)
Initiation of the comprehensive review and appraisal of the
implementation of the Platform for Action
2000 Comprehensive quinquennial review and appraisal of the
implementation of the Platform for Action
Emerging issues
V
Regional dimension
Recalling the important role played by regional preparatory conferences
in the preparations for the Fourth World Conference on Women and that plans
and programmes of action were adopted that served as essential inputs to the
Beijing Declaration and Platform for Action,
1. Recommends that the regional follow-up and monitoring of the
regional platforms and programmes of action should be utilized as inputs for
the review and appraisal of the Beijing Declaration and Platform for Action;
2. Recommends further that the Council should consider how best to
integrate the inputs of regional commissions into the overall monitoring and
follow-up to the Platform for Action.
B. Draft decisions
2. The Commission on the Status of Women recommends to the Economic and
Social Council the adoption of the following draft decisions:
DRAFT DECISION I
Renewal of the mandate of the Open-ended Working Group on the
Elaboration of a Draft Optional Protocol to the Convention on
the Elimination of All Forms of Discrimination against Women*
The Economic and Social Council decides:
(a) To renew the mandate of the in-session Open-ended Working Group on
the Elaboration of a Draft Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, so that it may
continue its work, taking into account the reports to be submitted under
resolution 40/8 of the Commission on the Status of Women, pursuant to Council
resolution 1995/29 of 24 July 1995;
(b) To authorize, within existing United Nations resources, the Working
Group to meet in parallel with the Commission at its forty-first session;
(c) To invite a representative of the Committee on the Elimination of
Discrimination against Women to attend this meeting as a resource person.
DRAFT DECISION II
Report of the Commission on the Status of Women on its fortieth
session and provisional agenda and documentation for the
forty-first session of the Commission**
The Economic and Social Council takes note of the report of the
Commission on the Status of Women on its fortieth session and approves the
provisional agenda and documentation for the forty-first session of the
Commission set out below.
1. Election of officers.
2. Adoption of the agenda and other organizational matters.
3. Follow-up to the Fourth World Conference on Women:
(a) Review of mainstreaming in organizations of the United Nations
system;
Documentation
Report of the Secretary-General on the measures taken and the
progress achieved in mainstreaming a gender perspective within
the United Nations system
(b) Emerging issues, trends and new approaches to issues affecting
the situation of women or equality between women and men;
Documentation
Report of the Secretary-General on emerging issues, as
appropriate, at the request of the Commission or its Bureau
(c) Implementation of strategic objectives and action in the
critical areas of concern;
Documentation
Analytical report of the Secretary-General on the thematic
issues before the Commission in accordance with the multi-year
work programme, including, as far as possible, progress made in
national implementation, based on available existing data and
statistics
4. Communications concerning the status of women.
Documentation
Lists of confidential and non-confidential communications
concerning the status of women
5. The Convention on the Elimination of All Forms of Discrimination
against Women, including the elaboration of a draft optional
protocol to the Convention.
Documentation
Report of the Secretary-General containing additional views of
Governments, intergovernmental organizations and non-
governmental organizations on an optional protocol to the
Convention, as well as a comparative summary of existing
communications and inquiry procedures and practices under
international human rights instruments and under the Charter of
the United Nations
6. Provisional agenda for the forty-second session of the Commission.
7. Adoption of the report of the Commission on its forty-first session.
* For the discussion, see chap. IV.
** See chap. V.
C. Matters brought to the attention of the Council
1. Agreed conclusions
3. The following agreed conclusions of the Commission are brought to the
attention of the Council:
Agreed conclusions 1996/1. Methods of work for dealing with the
implementation of the Platform for
Action adopted by the Fourth World
Conference on Women*
1. The Commission on the Status of Women adopted the conclusions regarding
its methods of work set out below.
2. The Commission considers that its effectiveness and efficiency could be
improved through innovative methods of work, including inviting experts to
participate in the substantive debate on selected issues as part of the
regular work of the Commission.
3. These innovative methods must be understood as a process that includes
not only the sessions of the Commission but also the organization of work.
Broad-based participation in the preparatory process for each session of the
Commission must be encouraged. The practice of periodically convening
meetings of the Bureau of the Commission open to the participation of all
interested States should be encouraged and consolidated.
4. The documentation prepared for each item of debate should be available
in all official languages in sufficient time to ensure active and wide
participation in discussions.
5. The practice of inviting experts is expected to deal effectively with
the critical areas of concern established in the Beijing Platform for Action
and to contribute to the effective follow-up of the Conference. The experts
should be chosen from the fields of study addressed under the critical areas
of concern, taking into account equitable geographical distribution and the
involvement of non-governmental organizations.
6. Panels of experts should be formed. They should include experts
appointed by the Secretary-General, experts working within the United Nations
system, and experts from Governments and from civil society.
7. The selection of experts, the composition of the panels, and the
allocation of time to dialogues should be decided inter-sessionally by the
Bureau of the Commission, taking into consideration the proposals of the
United Nations Secretariat. The Secretariat should prepare a list of
candidates for the panels based on suggestions from States and civil society.
The Bureau should convene meetings open to the participation of all interested
States to ensure a broad base of participation.
8. Meetings should be allotted for dialogue with organizations within the
United Nations system and civil society and among governmental delegations.
Sufficient time should be devoted to intergovernmental dialogue.
9. The results of dialogues should normally be reflected in concise,
action-oriented agreed conclusions to be transmitted to the Economic and
Social Council by a Commission decision. They should also contain policy
recommendations and identify coordination issues to be dealt with by the
Council.
10. The Commission, in order to strengthen its capacity to act as a catalyst
in support of mainstreaming a gender perspective in the work of the United
Nations system, to identify emerging issues, trends and new approaches
affecting the situation of women or equality between women and men, and to
review and appraise progress achieved and problems encountered in
implementation of critical areas of concern in the Platform for Action:
* For the discussion, see chap. II, paras. 70-78.
(a) Should strengthen its cooperation with other relevant bodies of the
United Nations system, including other functional commissions and their
respective secretariats;
(b) Should monitor progress on the system-wide medium-term plan for the
advancement of women;
(c) Should make relevant documents available, through the Economic and
Social Council, to other functional commissions and relevant United Nations
expert bodies and mechanisms in order to assist in the integration of a gender
perspective in their work;
(d) Notes, bearing in mind the role of the Economic and Social Council
in overall coordination, that increased dialogue between the Bureau of the
Commission on the Status of Women and the Economic and Social Council, the
chairpersons and secretariats, as appropriate, of the other functional
commissions, other subsidiary bodies and related bodies, including the
relevant executive boards, would assist in identifying issues that could be
addressed under the agenda item on emerging issues and trends;
(e) Encourages the voluntary presentation of national information and
suggests that such information should address the priority issues identified
by the Commission on the Status of Women in its programme of work, bearing in
mind that Governments are to develop comprehensive implementation strategies
or national plans of action, including time-bound targets and benchmarks for
monitoring, in order to implement the Platform for Action fully;
(f) Encourages States to submit national reports by the year 2000 for
the comprehensive quinquennial review and appraisal of the implementation of
the Platform for Action in the year 2000.
Agreed conclusions 1996/2. Women and the media*
1. The Beijing Platform for Action identifies women and the media as one of
12 critical areas of concern. As stated in the Beijing Platform for Action,
gender stereotyping in advertising and the media is one of the factors of
inequality that influences attitudes towards equality between women and men.
Through a series of dialogues on the subject during its fortieth session, the
Commission on the Status of Women examined measures to be used for increasing
the participation and access of women to expression and decision-making in and
through the media and new technologies of communication. Everywhere the
potential exists for the media to make a far greater contribution to the
advancement of women. The conclusions emanating from the Commission's
dialogue contain proposals for successful implementation of the strategic
objectives and actions in the Platform for Action, taking into consideration
the importance of implementing all the elements of the Platform.
* For the discussion, see chap. II, paras. 89-91.
A. Respect for the human rights of women, including
freedom of expression, and the media
2. The Commission on the Status of Women reconfirmed the importance it
attached to the principles of freedom of expression and of freedom of the
press and other means of communication. The Commission discussed freedom of
expression from a gender perspective, in particular as it related to women's
full enjoyment of freedom of expression, equal access to the media, balanced
and diverse portrayals by the media of women and their multiple roles, and
media information aimed at eliminating all forms of violence against women.
Respect for the human rights of women, including freedom of expression, is a
fundamental principle of the international community. In this regard, concern
was also expressed about discrimination, threats and acts of violence against
professional women in the field of information, including women journalists.
If the goal of the full realization of the human rights of women, including
freedom of expression, is to be achieved, human rights instruments must be
applied in such a way as to take more clearly into consideration the
systematic and systemic nature of discrimination against women that gender
analysis has clearly indicated.
3. Relevant United Nations bodies, including the Commission on Human Rights
and its mechanisms and procedures, the Committee on the Elimination of
Discrimination against Women and independent expert bodies, should within
their mandates, further examine violations of the human rights of women,
including freedom of opinion and freedom of expression, from a gender
perspective, in cooperation with the Commission on the Status of Women within
its mandate.
B. Self-regulation, voluntary guidelines and responsiveness
to civil society
4. The Platform for Action states that self-regulatory mechanisms by the
media should be encouraged and, consistent with freedom of expression, should
include the development of professional guidelines and codes of conduct and
other forms of self-regulation so as to eliminate gender-biased programming
and to promote the presentation of non-stereotypical images of women and
balanced and diverse portrayals of women and men.
5. In the context of responsiveness to civil society, self-regulation for
public and private sector industries should be set within a framework of
monitoring, awareness and education and well-developed and effective avenues
for complaint. Such self-regulatory measures and voluntary guidelines should
be established through a process of dialogue with media professionals, not by
coercion.
6. With regard to the presentation of violence in the media, initiatives by
Governments and other relevant actors, as appropriate, should be taken to
raise awareness of the role of the media in promoting non-stereotyped images
of women and men and in eliminating patterns of media presentation that
generate violence; to encourage those responsible for media content to
establish voluntary professional guidelines and codes of conduct; and to raise
awareness also of the important role of the media in informing and educating
people about the causes and effects of violence against women.
7. The following initiatives are among those which could be taken, as
appropriate, consistent with the freedom of expression:
(a) Encourage the media to take part in international discussions,
including the exchange of information and sharing of best practices on
voluntary guidelines on a gender-balanced portrayal of women and men. Special
attention should be given to the proliferation of transborder and global
communications;
(b) Support and encourage women's equal participation in management,
programming, education, training and research, including through positive
action and equal opportunity policies, with the goal of achieving gender
balance in all areas and at all levels of media work, as well as in the media
advisory, regulatory and monitoring bodies.
C. The important role of media education
8. Media education, through, for example, practical workshops and training
sessions, is an effective way to create greater awareness of gender
stereotyping and equality issues among the general public, government, media
industries and professionals.
9. In countries where major parts of the population, including many women,
are illiterate or media illiterate, Governments should support the goal of
providing appropriate education and training.
10. Civil society at large has an important role in exercising its influence
on media content and stereotyped portrayal through consumer action and
advocacy and different forms of media watch.
11. At the international level, an exchange of national experiences on media
education and other measures can benefit legislators, national broadcasting
authorities and media professionals.
D. Creating an enabling environment
12. The creation of a positive environment is a condition to promote
measures intended to achieve a balanced portrayal of women and girls. Changes
should be promoted in an enabling way and not through prescription. Ongoing
research, including the establishment of indicators and monitoring, is
important for assessing progress.
13. An enabling environment should also be created for women's media,
including at the international level, such as the development of Womenwatch, a
World Wide Web home page to link the United Nations and its activities for
women with non-governmental organizations, academics and other users of the
Internet. The vital role of non-governmental organizations in media
education, research, consumer advocacy and monitoring should be recognized and
enhanced.
14. Media networks should be encouraged to make a commitment or strengthen
their commitment to gender equality. Public media, where they exist, should
be encouraged to set an example for private media by their commitment and
contribution to the advancement of women.
15. Governments should support research into all aspects of women and the
media so as to define areas needing attention and action, and should review
existing media policies with a view to integrating a gender perspective.
16. To the extent consistent with freedom of expression, Governments should
take effective measures or institute such measures, including appropriate
legislation against pornography and the projection of violence against women
and children in the media.
E. Women and global communications
17. Advances in information technology have opened up boundaries. The role
of women in global communication networks needs to be strengthened. Barriers
to such information technology and to women's involvement at every level of
its development should be reduced.
Agreed conclusions 1996/3. Child and dependant care, including
sharing of work and family
responsibilities*
1. Questions relating to child and dependant care, to sharing of family
tasks and responsibilities and to unremunerated work must be taken fully into
account in mainstreaming a gender perspective, in gender analysis and in all
other relevant methodologies used to promote equality between men and women.
2. The main lines of action suggested in order to reduce the burden of
family responsibilities on women and bring about the sharing of these
responsibilities are set out below.
A. Recognizing change
3. Economic, social and demographic changes - particularly the growing
participation of women in economic and social life, the evolving nature of
family structures, the feminization of poverty and the link that exists with
unremunerated work - and their impact on the capacity of families to ensure
the care of children and dependants, as well as the sharing of family
responsibilities, including for domestic work, is an issue that affects not
only women but society as a whole.
4. As was emphasized in the first plans and strategies drawn up at the
national level for the implementation of the Beijing Platform for Action, the
sharing of family responsibilities and their reconciliation with professional
life must constitute a priority objective.
B. Increasing the role of men in family responsibilities
5. Family responsibilities rest equally with men and with women. Greater
participation of men in family responsibilities, including domestic work and
child and dependant care, would contribute to the welfare of children, women
and men themselves. Even though this change is bound to be slow and
difficult, it remains essential.
6. These changes, which imply a change in outlook, can be encouraged by
Governments, notably through education and by promoting greater access on the
part of men to activities hitherto regarded as women's activities.
* For the discussion, see chap. II, paras. 92-95.
C. Changing attitudes and stereotypes
7. It is important to change attitudes towards the status of unremunerated
work and the relative role of women and men in the family, the community, the
workplace and society at large. Measures taken to this end must be aimed as
much at women as at men, and at the different generations, with particular
attention to adolescents.
8. These measures should include recognition of the social and economic
importance of unremunerated work, and should aim at desegregating the labour
market through, inter alia, the adoption and application of laws embodying the
principle of equal pay for women and men for equal work or work of equal
value.
9. The essential role of the educational system, particularly in primary
schools, in changing the perception of the role of girls and boys, must be
recognized. The role of national mechanisms and of non-governmental
organizations in promoting change is a major one.
D. Adapting the legal system
10. There is a need, through legislation and/or other appropriate measures,
to rebalance the sharing of family responsibilities between men and women, and
to inform them of the existing legislative provisions.
11. Reconciliation of work-related and family responsibilities and the
development of a legislative framework for ensuring child and dependant care
(particularly of the elderly and disabled) must be promoted by society as a
whole, including social partners, and by Governments. The latter must be the
main agents of change.
12. Action is needed to:
(a) Promulgate and apply laws and other measures to prohibit all forms
of direct or indirect discrimination based on gender or matrimonial status,
inter alia, by making reference to family responsibilities;
(b) Promote laws on maternity leave;
(c) Promote legislative measures, incentives and/or measures of
encouragement that would enable men and women to take parental leave and
receive social security benefits. Such measures should protect working men
and women against dismissal and guarantee their right to re-enter employment
in an equivalent post;
(d) Promote conditions and a way of organizing work that would enable
women and men to reconcile their family and professional life, particularly
through the introduction of flexi-time for women and men;
(e) Eliminate the differences in remuneration between women and men for
equal work or work of equal value, and promote the development of
non-discriminatory methods of evaluating work and their inclusion in wage
negotiations;
(f) Work actively towards ratification of or accession to and
implementation of international and regional human rights treaties;
(g) Ratify and accede to and ensure implementation of the Convention on
the Elimination of All Forms of Discrimination against Women so that universal
ratification can be achieved by the year 2000;
(h) Ensure the application of laws and guidelines and encourage the
adoption of voluntary codes of conduct which guarantee that international
labour standards, such as International Labour Organization Convention No. 100
on equality of remuneration of men and women for equal work or work of equal
value, apply equally to working women and working men;
(i) Encourage the participation of women in bodies responsible for
negotiating working conditions. In this respect, it is interesting to note
the relationship that exists between the proportion of women participating in
negotiations on working conditions and the importance attached to this
problem;
(j) Encourage social security regimes to take into account the time
spent by working men and women on child and dependant care.
E. Adopting and promoting a family support policy and
encouraging reconciliation of family and professional
life for women and men
13. It is essential to define, at the national, regional and local levels, a
family support policy that is based on the principle of equal sharing of
family responsibilities and is consistent with the policies for promoting
equality in the labour market and protecting the rights of the child.
Particular attention should be paid to single-parent families. There is a
need, where necessary, to revise legislation so that women are no longer
defined as "minors" and/or dependants and to ensure that they enjoy the same
access to resources as men.
14. The State and society at large have a responsibility for child and
dependant care. This responsibility is reflected in the adoption of an
integrated approach at the local and national levels in order to ensure access
to affordable and reliable services for the children and dependants
(particularly those who are elderly and disabled) of women and men who are
working, undergoing training, studying or seeking employment. This
responsibility can also take the form of incentives for parents and employers,
of a partnership between local authorities, management and labour,
non-governmental organizations and the private sector, and of the provision of
technical assistance and access to vocational training.
15. With a view to complementing the efforts being made in this direction by
Governments, international financial institutions should be encouraged to take
into account the growing need for financing to establish day-care nurseries,
particularly in areas where there is a greater concentration of poverty, in
order to facilitate the training of mothers or their entry into paid
employment.
16. Child and dependant care can constitute a major source of new jobs for
women and men.
17. The burden of domestic work needs to be eased by making use of
appropriate technologies to provide drinking water and an energy supply.
F. Developing research and information exchange
18. Research could be conducted drawing on the capabilities of the various
United Nations organizations, particularly in the following areas, when
compatible with the system-wide medium-term plan for the advancement of women,
1996-2001;
(a) Changes in the situation and attitudes of men and women with regard
to the reconciliation of family and professional life and the sharing of
family responsibilities - in particular, a study should be conducted in the
context of sub-Saharan Africa;
(b) Compilation of data on the unremunerated work which is already taken
into account in the System of National Accounts, 10/ for example in
agriculture and other types of non-mercantile production activity;
(c) Collection and exchange of information on the different systems that
exist for alimony payments;
(d) Unremunerated work which addresses the measuring and value of this
work, within the framework of the implementation of the Platform for Action;
(e) Time-use surveys of unremunerated work of women and men, with a view
to measuring its impact on the use and monitoring of economic and social
policies.
G. Promoting change through international cooperation
19. The Commission on the Status of Women recommends to the Economic and
Social Council that all the strategies and policies of the United Nations and
of Member States designed to promote gender equality should take fully into
account child and dependant care, sharing of family work and responsibilities
between men and women, and unremunerated work, as integral parts of the
concept of equality between men and women.
20. The Commission on the Status of Women recommends to the Economic and
Social Council that the suggestions set out above be taken into account in
defining the policies of the United Nations system, as well as those of Member
States.
10/ United Nations publication, Sales No. E.94.XVII.4.
2. Resolutions and decision
4. The following resolutions and decision adopted by the Commission are
brought to the attention of the Council:
Resolution 40/1. Release of women and children taken hostage
in armed conflicts and imprisoned*
The Commission on the Status of Women,
Recalling its resolution 39/2 of 31 March 1995,
Recalling the relevant provisions contained in the instruments of
international humanitarian law relative to the protection of women and
children in areas of armed conflict,
Welcoming the adoption of the Beijing Declaration and Platform for
Action by the Fourth World Conference on Women, 11/ including the
provisions regarding violence against women and children,
Expressing grave concern at the continuation of armed conflicts in many
regions throughout the world and at the human suffering and humanitarian
emergencies that they have caused,
Emphasizing that all forms of violence committed against women and
children in areas of armed conflict, including capturing them as hostages,
seriously contravene international humanitarian law,
Expressing its strong belief that the rapid and unconditional release of
women and children taken hostage in areas of armed conflict will promote the
implementation of the noble goals enshrined in the Beijing Declaration and
Platform for Action,
1. Condemns violent acts in contravention of international humanitarian
law against civilian women and children in areas of armed conflict, and calls
for an effective response to such acts, including the immediate release of
such women and children taken hostage in areas of armed conflict;
2. Strongly urges all parties to armed conflicts to respect fully the
norms of international humanitarian law in armed conflict and to take all
measures required for the protection of women and children, in particular the
immediate release of women and children taken hostage or imprisoned;
3. Urges all parties to conflicts to provide information and unimpeded
access to specialized assistance for women and children taken hostage in areas
of armed conflict;
4. Requests the Secretary-General and all relevant international
organizations to use all their capabilities and efforts to facilitate the
release of all women and children taken hostage in areas of armed conflict;
5. Also requests the Secretary-General to submit a report on the
implementation of the present resolution to the Commission on the Status of
Women at its forty-first session.
* For the discussion, see chap. II, paras. 32-35.
11/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I and
II.
Resolution 40/2. Integration of women in the
Middle East peace process*
The Commission on the Status of Women,
Recalling General Assembly resolution 50/21 of 12 December 1995,
Economic and Social Council resolution 1995/52 of 28 July 1995 and Commission
on the Status of Women resolution 39/3 of 31 March 1995,
Recalling also the Beijing Declaration and Platform for Action adopted
by the Fourth World Conference on Women, 11/
Stressing that the achievement of a comprehensive, just and lasting
settlement of the Middle East conflict will constitute a significant
contribution to strengthening international peace and security,
Recalling the convening of the Peace Conference on the Middle East at
Madrid on 30 October 1991, on the basis of Security Council resolutions
242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, and the
subsequent bilateral negotiations, as well as the meetings of the multilateral
working groups, and noting with satisfaction the broad international support
for the peace process,
Noting the continuing positive participation of the United Nations as a
full extraregional participant in the work of the multilateral working groups,
Bearing in mind the Declaration of Principles on Interim Self-Government
Agreements, 12/ and subsequent agreements made in the context of the Middle
East peace process,
Taking into account section E of chapter IV of the Beijing Platform for
Action concerning women and armed conflict,
1. Welcomes the peace process started at Madrid, and supports the
subsequent bilateral negotiations;
2. Stresses the importance of, and need for, achieving a comprehensive,
just and lasting peace in the Middle East, expresses its full support for the
achievements of the peace process thus far and urges all parties to implement
the agreements reached;
3. Urges Governments, intergovernmental bodies and non-governmental
organizations to include women in the peace process;
4. Also urges Governments, intergovernmental bodies and
non-governmental organizations to support the implementation of the
Declaration of Principles and to assist the Palestinian people to ensure
Palestinian women's political development and participation;
5. Welcomes the results of the Conference to Support Middle East Peace,
convened in Washington on 1 October 1993, including the establishment of the
Ad Hoc Liaison Committee, the subsequent work of the World Bank Consultative
Group, welcomes also the appointment by the Secretary-General of the "United
Nations Special Coordinator in the Occupied Territories", and urges Member
States to expedite economic, financial and technical assistance to the
Palestinian people, particularly Palestinian women and children, during the
interim period;
* For the discussion, see chap. II, paras. 36-41.
12/ A/48/486-S/26560, annex.
6. Supports the Declaration of the Summit of the Peacemakers, held in
Sharm El-Sheikh, Egypt on 13 March 1996, which had as its objectives enhancing
the peace process, promoting security and combating terrorism, and condemns
terrorist attacks in the Middle East, which seek to undermine the peace
process and which have caused loss of life and injuries among women and their
families;
7. Calls upon all Member States to extend economic, financial and
technical assistance to parties in the region and to render support for the
peace process, especially with regard to women;
8. Urges Member States to ensure that all economic, financial and
technical assistance to parties in the region take into account the role of
women as full participants and beneficiaries;
9. Considers that an active United Nations role in the Middle East
peace process and in assisting in the implementation of the Declaration of
Principles can make a positive contribution with regard to the status of
women.
Resolution 40/3. Mainstreaming the human rights of women*
The Commission on the Status of Women,
Recalling all relevant resolutions, in particular General Assembly
resolution 50/203 of 22 December 1995, in which, inter alia, the Assembly
endorsed the Beijing Declaration and Platform for Action adopted by the Fourth
World Conference on Women, 13/
Welcoming the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights, 14/ which emphasizes that the human
rights of women and the girl child are an inalienable, integral and
indivisible part of universal human rights and stresses that these rights
should be integrated into the mainstream of United Nations system-wide
activities, and noting that according to the Vienna Declaration and Programme
of Action, steps should be taken to increase cooperation and promote further
integration of objectives and goals between the Commission on the Status of
Women, the Commission on Human Rights, the Committee on the Elimination of
Discrimination against Women, the United Nations Development Fund for Women,
the United Nations Development Programme and other United Nations bodies,
* For the discussion, see chap. II, paras. 42-44.
13/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I and
II.
14/ Report of the World Conference on Human Rights, Vienna, 14-25 June
1993 (A/CONF.157/24 (Part I)), chap. III.
Recalling that the Convention on the Elimination of All Forms of
Discrimination against Women 15/ is a key international human rights
instrument for the promotion and protection of women's human rights, and
acknowledging both its codifying and innovating functions,
Noting the important roles that the Commission on the Status of Women
and the Committee on the Elimination of Discrimination against Women have to
play in making the general human rights work of the United Nations more gender
conscious and in promoting the universal and indivisible human rights of
women,
Reaffirming the importance of the adoption by the General Assembly of
the Declaration on the Elimination of Violence against Women, 16/ and
recalling Commission on Human Rights resolution 1994/45 of
4 March 1994, 17/ in which the Commission decided to appoint, for a three-
year period, a Special Rapporteur on violence against women, its causes and
consequences, as well as Commission on Human Rights resolution 1995/85 of 8
March 1995 on the elimination of violence against women, 18/
1. Stresses the need to intensify efforts of cooperation and
coordination to ensure that the equal status and the human rights of all women
and the girl child are integrated into the mainstream of United Nations
system-wide activities and are addressed regularly and systematically in
relevant United Nations bodies and mechanisms;
2. Welcomes the report of the Secretary-General on the extent to which
violations of women's human rights have been addressed by human rights
mechanisms, 19/ and endorses the recommendations contained therein;
3. Welcomes the report of the Secretary-General on the joint work plan
of the Division for the Advancement of Women and the Centre for Human
Rights 20/ to improve cooperation between the Division and the Centre as an
element in mainstreaming the human rights of women;
4. Takes note of the request of the Commission on Human Rights, in its
resolution 1995/86 of 8 March 1995, 18/ that the special rapporteurs,
representatives, experts and chairpersons of the working groups of the
Commission on Human Rights, in future meetings on enhancing cooperation and
exchange of information, address violations of the human rights of women;
5. Recalls that the Commission on Human Rights, in its resolution
1994/45, requested the Secretary-General to ensure that the reports of the
Special Rapporteur on violence against women, its causes and consequences were
brought to the attention of the Commission on the Status of Women to assist
the Commission in its work in the area of violence against women;
15/ General Assembly resolution 34/180.
16/ General Assembly resolution 48/104.
17/ See Official Records of the Economic and Social Council, 1994,
Supplement No. 4 (E/1994/24), chap. II, sect. A.
18/ Ibid.,1995, Supplement No. 3 (E/1995/23), chap. II, sect. A.
19/ E/CN.6/1996/9.
20/ E/CN.6/1996/13.
6. Notes General Assembly resolution 50/170 of 22 December 1995, in
which the Assembly welcomed the emphasis by the persons chairing the human
rights treaty bodies that the enjoyment of the human rights of women should be
closely monitored by each treaty body within the competence of its mandate;
7. Encourages the Division for the Advancement of Women to provide any
relevant material it receives or prepares, through the Centre for Human
Rights, for the information of the treaty bodies in their work;
8. Encourages the Division for the Advancement of Women to continue to
develop methodologies to analyse gender perspectives in the reports of the
States parties that are being considered by the treaty bodies;
9. Encourages the Division for the Advancement of Women to cooperate
with and assist the Special Rapporteur on violence against women, its causes
and consequences through the automatic and regular exchange of information and
by forwarding expeditiously any relevant material it receives or prepares on
violence against women;
10. Emphasizes the need to develop and enhance the role of focal points
on the human rights of women, in both the Centre for Human Rights and the
Division for the Advancement of Women, and to ensure cooperation and
coordination between the two bodies on an ongoing basis;
11. Encourages the Division for the Advancement of Women and the Centre
for Human Rights to explore the possibility of providing training in the human
rights of women and of training personnel in the Division for the Advancement
of Women in general human rights matters;
12. Encourages the efforts made by the United Nations High Commissioner
for Human Rights, within the mandate established by General Assembly
resolution 48/141 of 20 December 1993, to promote and protect the human rights
of women, including his efforts to coordinate the activities of relevant
United Nations organs, bodies and mechanisms dealing with human rights in
considering violations of the human rights of women;
13. Emphasizes the need for all relevant organs, bodies and agencies of
the United Nations system to include information on gender-based human rights
violations in their activities and integrate the findings into all of their
programmes and activities;
14. Urges States to consider the gender composition of the treaty bodies
when nominating and electing candidates to such bodies;
15. Emphasizes the need for the United Nations Decade for Human Rights
Education to incorporate a gender perspective into all its activities and the
importance of drafting the mid-Decade report and the final report on the
Decade so as to include mainstreaming of the human rights of women, ensuring
that the evaluation criteria of the United Nations High Commissioner for Human
Rights for those reports include whether the human rights of women are a
mainstream concern;
16. Requests the Secretary-General to report to the Commission on the
Status of Women at its forty-first session, in 1997, on the implementation of
the present resolution;
17. Decides to remain seized of the matter and, in particular, to
examine at its forty-first session the progress made and the plans developed.
Resolution 40/4. Traffic in women and girls*
The Commission on the Status of Women,
Reaffirming its faith in fundamental human rights, in the dignity and
worth of the human person and in the equal rights of men and women, enshrined
in the Charter of the United Nations, as well as the principles set forth in
the Universal Declaration of Human Rights, 21/ the Convention on the
Elimination of All Forms of Discrimination against Women, 22/ the
International Covenants on Human Rights, 23/ the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, 24/ the
Convention on the Rights of the Child 25/ and the Declaration on the
Elimination of Violence against Women, 26/
Recalling General Assembly resolutions 49/166 of 23 December 1994 and
50/167 of 22 December 1995, Commission on the Status of Women resolution 39/6
of 29 March 1995 27/ and Commission on Human Rights resolutions 1994/45 of
4 March 1994 28/ and 1995/25 of 3 March 1995 29/ on traffic in women and
girls, 28/
Concurring with the conclusions and recommendations made by recent
international conferences, including the World Conference on Human Rights in
Vienna, the World Summit for Social Development in Copenhagen, the
International Conference on Population and Development in Cairo and the Fourth
World Conference on Women in Beijing, on the human rights of women and girl
children,
Bearing in mind the need to strengthen the implementation of all
relevant human rights instruments in order to combat and eliminate, including
through international cooperation, organized and other forms of trafficking in
women or children, including trafficking for the purposes of sexual
exploitation, pornography, prostitution and sex tourism, and provide legal and
social services to the victims; this should include provisions for
international cooperation to prosecute and punish those responsible for
organized exploitation of women and children,
* For the discussion, see chap. II, paras. 45-47.
21/ General Assembly resolution 217 A (III).
22/ General Assembly resolution 34/180, annex.
23/ General Assembly resolution 2200 A (XXI)
24/ General Assembly resolution 39/46, annex.
25/ General Assembly resolution 44/25, annex.
26/ General Assembly resolution 48/104, annex.
27/ Official Records of the Economic and Social Council, 1995,
Supplement No. 6 (E/1995/26), chap. I, sect. C.
28/ Ibid., 1994, Supplement No. 4 (E/1994/24), chap. II, sect. A.
29/ Ibid., 1995, Supplement No. 3 and corrigenda (E/1995/23 and Corr.1
and 2), chap. II, sect. A.
Acknowledging that the problem of trafficking also victimizes young
boys,
Welcoming the decision of the Commission on Crime Prevention and
Criminal Justice in its resolution 3/2 of 6 May 1994 30/ to consider the
international traffic in minors at its fourth session, in the context of its
discussion on the question of organized transnational crime,
Concerned about the increasing number of women and girl children from
developing countries and from some countries with economies in transition who
are being victimized by traffickers,
Noting the need to raise awareness of the important role of the media,
including new forms of information technology, in informing and educating
people about the causes and effects of violence against women and in
stimulating public debate on the topic,
Realizing the urgent need for the adoption of effective measures at the
national, regional and international levels to protect women and girl children
from this nefarious traffic,
Welcoming the holding of national, regional and international meetings
on trafficking in order to propose measures to eradicate the traffic in women
and girls,
1. Calls for the implementation of the Platform for Action of the
Fourth World Conference on Women 31/ by Governments of countries of origin,
transit and destination and regional and international organizations, as
appropriate, by:
(a) Considering the ratification and enforcement of international
conventions on trafficking in persons and on slavery;
(b) Taking appropriate measures to address the root factors, including
external factors, that encourage trafficking in women and girls for
prostitution and other forms of commercialized sex, forced marriages and
forced labour in order to eliminate trafficking in women, including by
strengthening existing legislation with a view to providing better protection
of the rights of women and girls and to punishing the perpetrators, through
both criminal and civil measures;
(c) Stepping up cooperation and concerted action by all relevant law
enforcement authorities and institutions with a view to dismantling national,
regional and international networks in trafficking;
(d) Allocating resources to provide comprehensive programmes designed to
heal and rehabilitate into society victims of trafficking, including through
job training and the provision of legal assistance and confidential health
care, taking measures to cooperate with non-governmental organizations to
provide for the social, medical and psychological care of the victims of
trafficking;
30/ Ibid., 1994, Supplement No. 11 (E/1994/31), chap. I, sect. C.
31/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes II.
(e) Developing educational and training programmes and policies and
considering enacting legislation aimed at preventing sex tourism and
trafficking, giving special emphasis to the protection of young women and
children;
2. Encourages Governments, relevant organizations and bodies of the
United Nations system, intergovernmental organizations and non-governmental
organizations to gather and share information relative to all aspects of
trafficking in women and girl children in order to facilitate the development
of anti-trafficking measures, and to adopt appropriate measures to create
wider public awareness of the problem;
3. Calls upon all Governments to take appropriate measures to prevent
the misuse and exploitation by traffickers of such economic activities as the
development of tourism and the export of labour;
4. Welcomes General Assembly resolution 50/167 of 22 December 1995, in
which the Assembly invited the United Nations High Commissioner for Human
Rights, in addressing the obstacles to the realization of the human rights of
women, in particular, through his contacts with the Special Rapporteur of the
Commission on Human Rights on the sale of children, child prostitution and
child pornography, to include the traffic in women and girls among his
priority concerns;
5. Welcomes also the request by the General Assembly to the Commission
on Human Rights to encourage the Working Group on Contemporary Forms of
Slavery of the Subcommission on Prevention of Discrimination and Protection of
Minorities to continue to address the issue of the traffic in women and girls
under its draft programme of action on the traffic in persons and the
exploitation of the prostitution of others; 32/
6. Welcomes the decision of the General Assembly to focus the
International Day for the Abolition of Slavery, 2 December 1996, on the
problem of trafficking in human persons, especially women and children, and to
devote one meeting of the fifty-first session of the General Assembly to the
discussion of that problem; 33/
7. Decides to remain seized of this matter and to examine, at its
forty-second session, the reports of the Special Rapporteurs and relevant
organizations and bodies, with a view to making appropriate recommendations to
the General Assembly at its fifty-third session, through the Economic and
Social Council.
32/ General Assembly resolution 50/167, para. 9.
33/ Ibid., para. 12.
Resolution 40/5. International Research and Training Institute
for the Advancement of Women*
The Commission on the Status of Women,
Recalling General Assembly resolution 50/163 of 22 December 1995, in
which the Assembly reaffirmed the original mandate and distinct capacity of
the International Research and Training Institute for the Advancement of Women
to carry out research and training for the advancement of women, as stipulated
in General Assembly resolution 3520 (XXX) of 15 December 1975,
Stressing the need for independent research to ensure that policy-making
and project implementation address issues and emerging areas of concern to
women and the role of the activities of the Institute therein,
1. Emphasizes the unique function of the International Research and
Training Institute for the Advancement of Women as the only entity within the
United Nations system devoted exclusively to research and training for the
advancement of women and their integration in the development process, and
stresses the importance of making its research findings available for policy
purposes, as background for operational activities and for the implementation
of the Platform for Action adopted by the Fourth World Conference on
Women; 34/
2. Reaffirms paragraph 360 of the Platform for Action, in which it is
stated that, recognizing the roles of United Nations funds, programmes and
specialized agencies, in particular the roles of the United Nations
Development Fund for Women and the International Research and Training
Institute for the Advancement of Women, in the promotion of the empowerment of
women, and therefore in the implementation of the Platform for Action within
their respective mandates, inter alia, in research, training and information
activities for the advancement of women, as well as technical and financial
assistance to incorporate a gender perspective in development efforts, the
resources provided by the international community need to be sufficient and
should be maintained at an adequate level;
3. Stresses the need for the Institute to further develop active and
close cooperation with the specialized agencies and related organizations of
the United Nations system and with other institutions;
4. Recognizes the special role that the Institute must play in the
implementation of the Platform for Action;
5. Commends the efforts of the Institute to address all levels of
poverty that hamper so dramatically the advancement of women, through the
coordination of research and training activities in the areas of economic and
political empowerment of women; statistics and indicators in gender issues;
communications; women, natural resources and sustainable development; water,
sanitation and waste management; renewable sources of energy; and issues
related to different population groups, such as the girl child, older women,
displaced women, refugee and migrant women and women in rural areas;
* For the discussion, see chap. II, paras. 48-50.
34/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes II.
6. Urges the Secretary-General to implement the mandates set out in
General Assembly resolution 49/163 of 20 December 1994.
Resolution 40/6. Violence against women migrant workers*
The Commission on the Status of Women,
Bearing in mind the Charter of the United Nations, which reaffirms faith
in human rights and fundamental freedoms, in the dignity and worth of the
human person, and in the equal rights of women and men,
Reaffirming the principles set forth in the Universal Declaration of
Human Rights and the Convention on the Elimination of All Forms of
Discrimination against Women, 36/
Recalling General Assembly resolutions 47/96 of 16 December 1992, 48/110
of 20 December 1993, 49/165 of 23 December 1994 and 50/168 of 22 December 1995
and Commission on the Status of Women resolutions 38/7 of 18 March 1994 37/
and 39/7 of 31 March 1995, 38/ as well as the Declaration on the
Elimination of Violence against Women adopted by the General Assembly at its
forty-eighth session, 39/ and general recommendation 19 on violence against
women of the Committee on the Elimination of Discrimination against Women,
Welcoming the conclusions and recommendations made by recent
international conferences, including the World Conference on Human Rights held
in Vienna in June 1993, the International Conference on Population and
Development held in Cairo in September 1994, the World Summit for Social
Development held in Copenhagen in March 1995 and the Fourth World Conference
on Women held in Beijing in September 1995, on the promotion and protection of
the rights and fundamental freedoms of women, including women migrant workers,
Noting the large numbers of women from developing countries and from
some countries with economies in transition who continue to venture forth to
more affluent countries in search of a living for themselves and their
families as a consequence of poverty, unemployment and other socio-economic
conditions,
Recognizing that it is the duty of sending countries to protect and
promote the interests of their citizens who seek or receive employment in
other countries, to provide them with appropriate training/education and to
apprise them of their rights and obligations in the countries of employment,
Aware of the moral obligation of receiving or host countries to ensure
the human rights and fundamental freedoms of all persons within their
boundaries, including migrant workers, who are doubly vulnerable because of
their gender and their being foreigners,
* For the discussion, see chap II, para. 51-53.
35/ General Assembly resolution 217 A (III).
36/ General Assembly resolution 34/180.
37/ Official Records of the Economic and Social Council, 1994,
Supplement No. 7 (E/1994/27), chap. I, sect. C.
38/ Ibid., 1995, Supplement No. 6 (E/1995/26), chap. I, sect. C.
39/ General Assembly resolution 48/104.
Noting the measures adopted by some receiving States to alleviate the
plight of women migrant workers residing within their areas of jurisdiction,
Noting with concern, however, the continuing reports of grave abuses and
acts of violence committed against women migrant workers by some of their
employers in some host countries,
Stressing that acts of violence directed against women impair or nullify
women's enjoyment of their human rights and fundamental freedoms,
1. Calls upon States Members of the United Nations to adopt measures
for the effective implementation of the Declaration on the Elimination of
Violence against Women, including applying them to women migrant workers, as
well as all relevant measures emanating from recent world conferences;
2. Invites States concerned, specifically those sending and receiving
women migrant workers, to conduct regular consultations for the purpose of
identifying problem areas in promoting and protecting the rights of women
migrant workers and ensuring health, legal and social services for them,
adopting specific measures to address these problems, setting up, as
appropriate, linguistically and culturally accessible services and mechanisms
to implement those measures and, in general, creating conditions that foster
greater harmony and tolerance between women migrant workers and the rest of
society in which they reside;
3. Encourages States Members of the United Nations, particularly those
from which women migrant workers originate and those that play host to them,
to ensure the protection of the rights and fundamental freedoms of women
migrant workers as defined by international conventions and agreements, taking
into account the outcome of recent international conferences;
4. Calls upon Governments to adopt and/or implement and periodically
review and analyse legislation to ensure its effectiveness in eliminating
violence against women, emphasizing the prevention of violence and the
prosecution of offenders, and to take measures to ensure the protection of
women subjected to violence, access to just and effective remedies, including
compensation and indemnification and healing of victims, and the
rehabilitation of perpetrators;
5. Recognizes the vulnerability to violence and other forms of abuse of
women migrants, including women migrant workers whose legal status in the host
country depends on the employers who may exploit their situation;
6. Encourages Member States to consider signing and ratifying or
acceding to the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families; 40/
7. Calls upon States to explore the possibility of adopting measures to
prevent the victimization of women migrant workers by sexual traffickers and
to penalize those traffickers, including the ratification of the Convention
for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others; 41/
8. Recommends to the United Nations High Commissioner for Human Rights,
the Centre for Human Rights of the Secretariat and the Special Rapporteur of
the Commission on Human Rights on violence against women, as well as all
relevant bodies and programmes in the United Nations system, when addressing
the issue of violence against women, to give particular attention to the issue
of violence perpetrated against women migrant workers, and to provide
information to the Secretary-General for inclusion in his report to the
General Assembly;
9. Welcomes the scheduled holding from 27 to 31 May 1996 of a United
Nations expert group meeting on the issue of violence against women migrant
workers, with the participation of the Special Rapporteur of the Commission on
Human Rights on violence against women, pursuant to General Assembly
resolution 50/168, to submit recommendations for improving coordination of the
various efforts of United Nations organizations on the issue of violence
against women migrant workers, and to develop concrete indicators as a basis
for determining the situation of women migrant workers, for submission,
through normal channels, to the General Assembly at its fifty-first session.
Resolution 40/7. Attainment of strategic objectives and action
to be taken in the critical area of concern:
women and the media*
The Commission on the Status of Women,
Recalling the Declaration on the Elimination of Violence against Women,
adopted in 1993, 42/
Referring to the Toronto Platform for Action 43/ concerning the
access of women journalists to expression and decision-making,
1. Reaffirms the provisions of the Platform for Action adopted by the
Fourth World Conference on Women, 44/ in particular paragraphs 131 and 135
on violations of the human rights of women and on religious intolerance,
violence and terrorism suffered by women because of their place in society and
their sex;
2. Also reaffirms paragraph 145 (f) of the Platform for Action, which
calls upon the international community to condemn and combat all forms and
manifestations of terrorism;
40/ General Assembly resolution 45/158.
* For the discussion, see chap II, para. 54-56.
41/ General Assembly resolution 317 (IV)
42/ General Assembly resolution 34/180.
43/ Adopted by the International Symposium of the United Nations
Educational, Scientific and Cultural Organization on the topic "Women and
media: access to expression and decision-making", held at Toronto, Canada,
from 28 February to 3 March 1995.
44/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex II.
3. Acknowledges that journalists, in particular women journalists,
because of their profession and their gender, are an easy and favourite target
for violent acts, intolerance and terrorist attacks;
4. Condemns the murders and acts of violence and terrorism committed
against women journalists, particularly in Algeria, because of their sex and
their profession;
5. Commends all the women who continue, with courage, sacrifice and
determination, to make their contribution, through the media, to improving the
status of women;
6. Appeals to the United Nations, the United Nations Educational,
Scientific and Cultural Organization and the international community to join
their efforts in order to intensify, in accordance with the Platform for
Action, efforts to combat terrorism and all forms of intolerance and violence
and all violations of the human rights of women, which are a major obstacle to
achieving the objectives of equality, development and peace proclaimed in the
Nairobi Forward-looking Strategies for the Advancement of Women. 45/
Resolution 40/8. Elaboration of a draft optional protocol to
the Convention on the Elimination of All
Forms of Discrimination against Women*
The Commission on the Status of Women,
Recalling that the Vienna Declaration and Programme of Action 46/ and
the Beijing Declaration and Platform for Action 47/ called on Governments
to support the process to elaborate a draft optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women,
Welcoming the process initiated by the in-session Open-ended Working
Group on the Elaboration of a Draft Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women,
* For the discussion, see chap. IV.
45/ Report of the World Conference to Review and Appraise the
Achiements of the United Nations Decade for Women: Equality, Development and
Peace, Nairobi, 15-26 July 1995 (United Nations publication, Sales No.
E.85.IV.10), chap. I, sect. A.
46/ Report of the World Conference on Human Rgiths, Vienna, 14-25 June
1993 (A/CONF.157/24 (Part I), chap. III.
47/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I and
II.
1. Requests the Secretary-General to invite Governments,
intergovernmental organizations and non-governmental organizations to submit
additional views on an optional protocol to the Convention, taking into
account the elements contained in suggestion 7, adopted by the Committee on
the Elimination of Discrimination against Women at its fourteenth session, 48/
as well as the deliberations of the Working Group;
2. Requests the Secretary-General to submit to the Commission on the
Status of Women at its forty-first session a comprehensive report, including a
synthesis of the views requested in paragraph 1 above;
3. Also requests the Secretary-General to provide to the Commission on
the Status of Women at its forty-first session a comparative summary of
existing communications and inquiry procedures and practices under
international human rights instruments and under the Charter of the United
Nations;
4. Recommends that the Economic and Social Council adopt the draft
decision entitled "Renewal of the mandate of the open-ended Working Group on
the Elaboration of a draft Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women". 49/
Resolution 40/9. Implementation of strategic objectives
and action in the critical area of
concern: poverty*
The Commission on the Status of Women,
Recalling General Assembly resolution 50/203 of 22 December 1995 on the
follow-up to the Fourth World Conference on Women,
Recalling also General Assembly resolution 49/110 of 19 December 1994
and other relevant resolutions of the Assembly related to international
cooperation for the eradication of poverty in developing countries,
Recalling further Assembly resolution 50/107 of 20 December 1995 on the
observance of the International Year for the Eradication of Poverty and
proclamation of the first United Nations Decade for the Eradication of
Poverty,
Reaffirming the importance of the outcome of the Fourth World Conference
on Women held in Beijing from 4 to 15 September 1995, as well as all the
United Nations major conferences and summits organized since 1990, in
particular the World Summit for Social Development held in Copenhagen in March
1995,
Recognizing that the eradication of poverty will require the
implementation and integration of strategies at the national and international
levels in all the critical areas of concern in the Platform for Action adopted
by the Fourth World Conference on Women, 50/
* For the discussion, see chap II, para. 62-69.
48/ Official Records of the General Assembly, Fiftieth Session,
Supplement No. 48 (A/50/38), chap. I, sect. B.
49/ For the text of the draft decision, see chap. I, sect. B, draft
decision I.
50/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes II.
Taking note of the report of the Secretary-General on poverty 51/ in
the follow-up to the Fourth World Conference on Women and of the discussion
that took place on this issue during the fortieth session of the Commission on
the Status of Women,
Reaffirming General Assembly resolutions 50/173 of 22 December 1995 on
the United Nations Decade for Human Rights Education, 1995-2004, and 49/184 of
23 December 1994, in which the Assembly expressed the conviction that each
woman, man and child, to realize their full human potential, must be made
aware of all their human rights and fundamental freedoms, including the right
to development,
Recognizing that mainstreaming a gender perspective into all policies
and programmes aimed at combating poverty is crucial, as women constitute the
majority of people living in poverty,
Recognizing also that the full implementation of the human rights of
women and of the girl child, as an inalienable, integral and indivisible part
of all human rights and fundamental freedoms, is essential for the advancement
of women,
Recognizing further that the commitment of Governments is of fundamental
importance in combating poverty and in improving living conditions for women
and men,
Recognizing that national and international efforts to eradicate poverty
require full and equal participation of women in the formulation and
implementation of policies that take fully into account the gender perspective
and that empower women to be full partners in development,
Emphasizing that empowering women is a critical factor in the
eradication of poverty, since women constitute the majority of people living
in poverty and contribute to the economy and to the combating of poverty
through both their unremunerated and remunerated work at home, in the
community, and in the workplace,
Recognizing that poverty is a global problem affecting all countries and
that the complexity of poverty, including the feminization of poverty,
requires a wide range of measures and actions, at the national and the
regional level, giving particular priority to the situation of women living in
poverty and recognizing the need to improve their access to income, education,
health care and other resources,
Recognizing also that more women than men live in absolute poverty and
that the imbalance is on the increase, resulting in the limited access of
women to income, resources, education, health care, nutrition, shelter and
safe water in all developing countries, particularly in Africa and in the
least developed countries,
Recognizing further that a large number of women in countries with
economies in transition are also affected by poverty,
Bearing in mind that the increasing number of women living in poverty in
developing countries, both in rural and in urban areas, requires action by the
international community in support of actions and measures at the national and
regional levels towards the eradication of poverty within the framework of the
Beijing Declaration 52/ and Platform for Action adopted by the Fourth World
Conference on Women,
51/ E/CN.6/1996/CRP.3.
52/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I and
II.
Stressing the necessity of promoting and implementing policies to create
a supportive external economic environment, through, inter alia, cooperation
in the formulation and implementation of macroeconomic policies, trade
liberalization, mobilization and/or the provision of new and additional
financial resources that are both adequate and predictable and mobilized in a
way that maximizes the availability of such resources for sustainable
development, using all available funding sources and mechanisms, enhanced
financial stability and ensuring increased access of developing countries to
global markets, productive investment and technologies, and appropriate
knowledge,
1. Recognizes the central role that women play in the eradication of
poverty, and stresses the need for their full and equal participation in the
formulation and implementation of policies that take fully into account the
gender perspective and that empower women to be full partners in development;
2. Stresses that the empowerment and autonomy of women and the
improvement of women's social, economic and political status are essential for
the eradication of poverty and that the full and equal participation of women
in decision-making at all levels is an integral part of the process;
3. Recognizes that the eradication of poverty is both a complex and a
multidimensional issue, and fundamental to promoting equality between men and
women as well as to reinforcing peace and achieving sustainable development;
4. Reaffirms that the promotion and protection of, and respect for, the
human rights and fundamental freedoms of women, including the right to
development, which are universal, indivisible, interdependent and
interrelated, should be mainstreamed into all policies and programmes aimed at
the eradication of poverty, and reaffirms as well the need to take measures to
ensure that every person is entitled to participate in, to contribute to and
to enjoy economic, social, cultural and political development;
5. Stresses that mainstreaming the gender perspective implies examining
the ways in which women and men are affected by poverty, the different assets
they possess to address the question and their respective contributions and
potentials;
6. Also stresses that both mainstreaming and other positive actions
should be regarded as complementary strategies aimed at enabling the full
release of women's and men's development potential and at eradicating poverty;
7. Urges all Governments to fulfil their commitments in the Platform
for Action to develop, preferably by the end of 1996, national implementation
strategies or plans of actions that should also focus on the reduction of
overall poverty and on the eradication of absolute poverty, with targets,
benchmarks for monitoring and proposals for allocation or reallocation of
resources for implementation, including resources for undertaking gender
impact analysis; where necessary the support of the international community
could be enlisted, including resources;
8. Urges all Governments, the United Nations system, including the
Bretton Woods institutions, and civil society, to implement the Platform for
Action in its entirety;
9. Emphasizes that, in addition to the commitments and recommendations
regarding the eradication of poverty outlined in the Programme of Action of
the World Summit for Social Development 53/ and in the Platform for Action
adopted by the Fourth World Conference on Women, specific measures in the
Platform for Action should be undertaken to address the feminization of
poverty and to mainstream a gender perspective in all policies and programmes
for the eradication of poverty, including, inter alia, measures to:
(a) Develop and implement education, training and retraining policies
for women and girls;
(b) Undertake legislative and administrative reforms to give women full
and equal access to economic resources, including the right to inheritance and
to ownership of land and other property, credit, natural resources and
appropriate technologies;
(c) Promote the participation of women at all levels of decision-making;
(d) Develop national strategies for promoting employment and self-
employment, including entrepreneurial and organizational skills, in order to
generate income for women;
(e) Adopt policies to ensure that all women have adequate economic and
social protection during unemployment, ill health, maternity, child-bearing,
widowhood, disability and old age and that women, men and society share
responsibilities for child and other dependant care;
(f) Restructure and target the allocation of public expenditures to
promote women's economic opportunities and equal access to productive
resources and to address the basic social, educational and health needs of
women, including access to safe water, particularly of those living in
poverty;
(g) Develop gender-based methodologies and conduct research for use in
designing more effective policies to recognize and value the full contribution
of women to the economy through both their unremunerated and renumerated work
and to address the feminization of poverty, in particular the relationship
between unremunerated work and women's vulnerability to poverty;
(h) Develop gender-based methodologies and conduct research to address
the contribution of women to the economy, the feminization of poverty, and the
economic and social impact of debt and structural adjustment programmes in all
developing countries, particularly in Africa and the least developed
countries;
(i) Analyse, from a gender perspective, macroeconomic and microeconomic
policies, and the allocation of public expenditures, which should be designed
and implemented with the full and equal participation of women so as to avoid
negative impacts on women living in poverty;
53/ Report of the World Summit for Social Development, Copenhagen, 6-
12 March 1995 (A/CONF.166/9), chap. I, resolution 1, annex II.
(j) Reduce excessive military expenditures and investments for arms
production and acquisition, as is appropriate and consistent with national
security requirements, in order to increase resources for social and economic
development;
10. Calls for the implementation of the outcome of all other major
United Nations conferences and summits related to the eradication of poverty;
11. Calls upon States to undertake all commitments of the Copenhagen
Declaration on Social Development, 54/ taking into account commitments 2
and 5 and the linkages between them, in their efforts to eradicate poverty,
and also calls upon all relevant actors to implement promptly the actions and
measures for the eradication of poverty, as contained in the Programme of
Action of the World Summit for Social Development; 55/
12. Stresses the need to fully integrate a gender perspective into the
work of all thematic task forces relating to the eradication of poverty
established by the Administrative Committee on Coordination, as well as the
importance of establishing the proposed inter-agency committee on the follow-
up to the Fourth World Conference on Women;
13. Recommends that a United Nations system-wide effort be undertaken to
review existing indicators, strengthen gender impact analysis of the design
and implementation of economic reform programmes, develop complementary,
qualitative assessments, and standardize measures and promote their
implementation, and stresses that this effort will necessitate effective
coordination;
14. Also recommends that the secretariats of the United Nations system,
including the Bretton Woods institutions, incorporate a coherent method of
including both the mainstreaming of the gender perspective and specific gender
programmes to achieve equality between women and men in the operational
activities, staffing and decision-making spheres of the system;
15. Stresses that the United Nations system, including the Bretton
Woods institutions, should play a central role in enhancing financial and
technical support and assistance for developing countries, particularly
African countries and least developed countries, in their efforts to achieve
the objectives of the eradication of poverty and the full integration of a
gender perspective into all policies and programmes, as set forth in the
Beijing Declaration and Platform for Action, particularly the goal of the
eradication of poverty;
16. Recognizes that the implementation of the Platform for Action in the
countries with economies in transition will also require continued
international cooperation and assistance, in support of national efforts;
17. Stresses the importance of using all available funding sources and
mechanisms with a view to contributing towards the goal of poverty eradication
and targeting of women living in poverty;
18. Calls upon States committed to the initiative of allocation of
20 per cent of official development assistance and 20 per cent of the national
budget to basic social programmes to fully integrate a gender perspective into
its implementation, as called for in paragraph 16 of General Assembly
resolution 50/203;
54/ Ibid., annex I.
55/ Ibid., annex II, chap. II.
19. Invites all countries, the United Nations system, including the
Bretton Woods institutions, relevant international organizations,
non-governmental organizations, the private sector, and all other sectors to
contribute to the implementation of programmes aimed at eradicating poverty;
20. Stresses the need for a coherent and coordinated approach among all
partners in development in the implementation of national poverty eradication
plans or programmes that fully take into account the gender perspective;
21. Also stresses the need for gender-sensitive training, with the
assistance of United Nations organizations, of those responsible for the
formulation and implementation of development policies and programmes;
22. Further stresses the important role of non-governmental
organizations as actors involved at the grass-roots level in the policy
dialogue designed to reach women through poverty eradication programmes and
calls for further efforts to identify ways by which those non-governmental
organizations could contribute to the implementation of such programmes;
23. Recommends that the Economic and Social Council, when examining the
"Coordination of the activities of the United Nations system for the
eradication of poverty" as the theme for the coordination segment of the
substantive session of 1996 of the Council, ensure that the relevant organs of
the United Nations system take fully into account the gender perspective in
their activities for the eradication of poverty, and, likewise, requests that
the Council recommend to the General Assembly that the gender dimension of
poverty be incorporated into all activities and documentation related to the
first United Nations Decade for the Eradication of Poverty;
24. Stresses the need to fully integrate a gender perspective into the
coordinated follow-up to major United Nations conferences and summits and
recommends that the Economic and Social Council examine, on a regular basis,
the extent to which gender factors have been taken into account in the
recommendations of all the concerned functional commissions;
25. Requests the Secretary-General to keep in mind the multidimensional
nature of poverty in the implementation and review of reports on all other
critical areas of concern, taking into consideration the many links between
the eradication of poverty and those other critical areas of concern;
26. Also requests the Secretary-General to report on the implementation
of the present resolution within the framework of his report on action
envisaged to be taken in preparation for the first United Nations Decade for
the Eradication of Poverty.
Resolution 40/10. Comments on the proposed system-wide
medium-term plan for the advancement
of women, 1996-2001*
The Commission on the Status of Women,
Recalling Economic and Social Council resolution 1985/46 of 31 May 1985,
in which the Council requested the formulation of a system-wide medium-term
plan for women and development, and the resulting plan, 56/ as endorsed by
the Council in its resolution 1987/86 of 8 July 1987,
Also recalling Council resolution 1988/59 of 27 July 1988, in which the
Council requested the Secretary-General to initiate the formulation of a
system-wide medium-term plan for the advancement of women for the period
1996-2001,
Noting that the Commission had before it at its thirty-seventh session a
draft system-wide medium-term plan for the advancement of women,
1996-2001, 57/ and that the Council, in its resolution 1993/16 of
27 July 1993, adopted the proposal of the Commission on the Status of Women to
invite the Secretary-General to revise the draft plan after the Platform for
Action and the second review and appraisal of the Nairobi Forward-looking
Strategies for the Advancement of Women 58/ had been formulated and adopted
by the Fourth World Conference on Women,
Recognizing the role of the Council in overseeing system-wide
coordination in the implementation of the Platform for Action, 59/
Recalling that Governments have the primary responsibility for
implementing the Platform for Action,
Further recalling that the Platform for Action needs to be implemented
through the work of all of the organizations and bodies of the United Nations
system as an integral part of system-wide programming,
Recognizing that the Platform for Action calls upon the specialized
agencies and other organizations of the United Nations system to strengthen
their support for actions at the national level and to enhance their
contributions to coordinated follow-up by the United Nations, each
organization should set out the specific actions that it will undertake,
including goals and targets to realign priorities and redirect resources to
meet the global priorities identified in the Platform for Action, with a clear
delineation of responsibility and accountability, all of which should be
reflected in the system-wide medium-term plan for the advancement of women,
1996-2001, and stressing in this connection the need for appropriate
mechanisms for coordination and cooperation,
* For the discussion, see chap. II, paras. 83-88.
56/ E/1987/52.
57/ E/1992/43.
58/ Report of the World Conference to Review and Appraise the
Achievements of the United Nations Decade for Women: Equality, Development
and Peace, Nairobi, 15-26 July 1985 (United Nations publication, Sales No.
E.85.IV.10), chap. I, sect. A.
59/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex II.
Aware that the Platform for Action stresses that the responsibility for
ensuring its implementation and the integration of a gender perspective into
all policies and programmes of the United Nations system must rest at the
highest levels,
Also aware that the Platform for Action recommends that the Council
consider dedicating at least one coordination segment before the year 2000 to
coordination of the advancement of women, based on the revised system-wide
medium-term plan for the advancement of women,
Further aware that the Platform for Action recommends that the Council
consider dedicating at least one operational activities segment before the
year 2000 to the consideration of development activities related to gender,
based on the revised system-wide medium-term plan for the advancement of
women, with a view to instituting guidelines and procedures for implementation
of the Platform for Action by the funds and programmes of the United Nations
system,
Mindful that the Platform for Action requests the Secretary-General to
assume responsibility for the coordination of policy within the United Nations
for the implementation of the Platform for Action and for mainstreaming a
system-wide gender perspective in all activities of the United Nations, and
noting the appointment of a special adviser on gender issues,
1. Stresses that the system-wide medium-term plan for the advancement
of women, 1996-2001 should be an effective instrument for promoting the
coordinated implementation of the Beijing Platform for Action;
2. Takes note of the revised draft plan prepared by the Ad Hoc
Inter-agency Meeting on Women; 60/
3. Recommends the adoption of the revised draft plan by the Economic
and Social Council, taking into account the present resolution and the
comments of the Commission contained in the annex to the present resolution;
4. Emphasizes the importance of a coherent approach and of the
strategic orientation/focus of the United Nations system spelt out under each
critical area of concern;
5. Stresses the importance of gender mainstreaming, including
institutional follow-up and capacity-building;
6. Recommends that the system-wide medium-term plan for the advancement
of women, 1996-2001 serve as a monitoring and coordination tool at all levels
for system-wide progress in implementing actions under each critical area of
concern in the Platform for Action;
7. Stresses the importance of involving all parts of the United Nations
in the implementation of the Platform for Action, including the
decision-making level;
60/ E/CN.6/1996/CRP.2.
8. Invites the United Nations bodies that meet under the auspices of
the Administrative Committee on Coordination to regularly discuss progress
made in implementing activities under each area of critical concern, taking
into account the long-term programme of work of the Commission on the Status
of Women and the Economic and Social Council, and to provide up-to-date
information in those areas to the Council through the Commission, taking into
consideration the comments made on the plan by the Commission and other
relevant bodies;
9. Recommends that the Council, through the Commission, follow up the
implementation of the plan and undertake a comprehensive mid-term review of
the implementation of the plan as a basis for future programming and
coordination of activities for the advancement and empowerment of women by the
United Nations system, including a review of the progress made in
mainstreaming a gender perspective in all activities of the United Nations
system;
10. Invites the Secretary-General to submit to the Council for its
consideration of the revised draft plan the comments of the Committee for
Programme and Coordination and the Administrative Committee on Coordination,
along with the comments of the Commission;
11. Recommends that the Administrative Committee on Coordination and the
proposed inter-agency committee on the follow-up to the Fourth World
Conference on Women use the plan and comments on it as a basis for monitoring
increasing collaboration and cost-effective approaches to United Nations
system activities for the advancement and empowerment of women, including the
assessment of methods for mainstreaming a gender perspective in all United
Nations activities, ensuring accountability and carrying out impact analyses
of gender-sensitive programmes and policies;
12. Recommends that the Council request the Secretary-General to submit
to it, through the Commission at its forty-second session, a progress report
on the implementation of the plan;
13. Requests the Secretary-General to ensure the mainstreaming of a
system-wide gender perspective in all United Nations activities, including in
decision-making as part of the accountability of senior managers;
14. Urges the Secretary-General to implement the decision taken by the
General Assembly at its fiftieth session to strengthen the capacity of the
Division for the Advancement of Women, and emphasizes the need to provide the
necessary resources in the current revision of the programme budget for the
biennium for the comprehensive follow-up of the Platform for Action; the
reformulation of policies and reallocation of resources may be needed within
and among programmes, without prejudice to development programmes, but some
policy changes may not necessarily have financial implications; mobilization
of additional resources, both public and private, including resources from
innovative sources of funding, may also be necessary;
15. Requests the Secretary-General, in the implementation of the
Platform for Action, to integrate a gender perspective in budgetary decisions
on policies and programmes and to assure adequate financing of specific
programmes for securing equality between women and men;
16. Recommends that the Council request the formulation of a new system-
wide medium-term plan for the advancement of women to cover the period
2002-2005, and that the Secretary-General, in his capacity as Chairman of the
Administrative Committee on Coordination, submit the new draft plan to the
Council at its substantive session of 2000 in order to provide guidance to the
medium-term plans of the individual organizations of the United Nations
system, and that the draft of the proposal be submitted to the Commission on
the Status of Women at its forty-fourth session for comment.
Annex
COMMENTS OF THE COMMISSION ON THE STATUS OF WOMEN ON THE
PROPOSED SYSTEM-WIDE MEDIUM-TERM PLAN FOR THE ADVANCEMENT
OF WOMEN, 1996-2001
I. GENERAL COMMENTS
1. The system-wide medium-term plan for the advancement of women, 1996-2001
needs to be more than a compilation of what the organizations of the United
Nations system are doing.
2. More emphasis should be given to coordination and collaboration between
different organizations and actors.
3. The concept of visible mainstreaming should be better reflected in the
indicative planning of the system.
4. In many cases, although multiple actors are identified under actions to
be taken, the list of actors under different critical areas of concern should
not be exclusive; the possibility of identifying lead agencies should be
explored.
5. More emphasis should be placed on policy coordination and the
implementation of policies and guidance by establishing a real bridge between
research and analysis, function and operational activities.
6. The United Nations Secretariat as a whole should undertake activities in
the critical areas of concern - not only those entities that have a specific
mandate on the advancement of women and the operational agencies. Certain
entities of the Secretariat, such as the Executive Office of the Secretary-
General, the Department of Political Affairs, the Department for Policy
Coordination and Sustainable Development, the Office of Legal Affairs and the
Department of Humanitarian Affairs, are not included in these activities. As
another example, the Joint and Co-sponsored United Nations Programme on Human
Immunodeficiency Virus/Acquired Immunodeficiency Syndrome needs to be better
reflected in the system-wide medium-term plan.
7. A more strategic orientation on the mainstreaming of a gender
perspective within the work of the United Nations is needed.
8. The system-wide medium-term plan should have more focus on outputs and
results to be achieved.
* The proposed system-wide medium-term plan for the Advancement of
women, 1996-2001 was before the Commission in document E/CN.6/1996/CRP.2.
II. SPECIFIC COMMENTS
A. Women and poverty
9. More emphasis should be placed on the need for joint efforts by the
United Nations system as regards the use of gender-disaggregated data and the
development of indicators to monitor trends in poverty from a gender
perspective.
10. Insufficient attention is given to an understanding of the underlying
causes of poverty. The system-wide medium-term plan should reinforce the
principle that resources allocated to development policies and programmes
aimed at the eradication of poverty should not be diverted to emergency relief
assistance.
11. The notion that women's empowerment and the promotion and protection of
their human rights are fundamental for the achievement of development, should
also be better reflected in the plan.
12. The integration of a gender dimension in the design and implementation
of both macroeconomic and micro-economic policies, including structural
adjustment programmes, is crucial. The system-wide medium-term plan
highlights this as regards both research/analysis and operational activities.
It is surprising, however, that no reference is made to the role of the World
Bank in paragraph 29 or to United Nations funds and programmes (the United
Nations Development Programme, the United Nations Children's Fund and the
United Nations Population Fund).
13. There is a need for all United Nations bodies to be involved in
development cooperation activities to mainstream a gender perspective into all
their policies and programmes. This would imply the integration of gender
analysis and the development of gender expertise both at Headquarters and in
the field.
B. Education and training of women
14. Action within the United Nations Secretariat should include analysis and
monitoring of data, policy development and coordination of action by various
parts of the United Nations. Currently action is limited almost exclusively
to United Nations agencies. There are limited references to the Division for
the Advancement of Women of the Department for Policy Coordination and
Sustainable Development and the Department of Public Information.
15. The United Nations system should consider how to integrate lifelong
education and training throughout the activities of the system and promote
similar action at the national level. Appropriate support mechanisms for
teaching in difficult, especially violent, situations should be established.
16. Data collection and research should include wider activities of the
Department for Economic and Social Information and Policy Analysis.
17. Data collection should focus on data not currently available. Existing
data may need to be presented in a different format to be useful to relevant
committees but duplication of data collection should be avoided.
18. Measures that encourage the participation of girls and women in science
and technology in primary, secondary and further education should be included.
C. Women and health
19. All the items in this section should be updated to reflect accurately
the language from the Programme of Action of the International Conference on
Population and Development 61/ and the Fourth World Conference on Women
Platform for Action. 59/
20. All relevant parts of the Platform for Action need to be implemented at
all levels.
21. All relevant actors throughout the United Nations, including the
Department for Economic and Social Information and Policy Analysis, the United
Nations Population Fund and the Centre for Human Rights need to be involved in
the implementation.
22. The gender aspects of AIDS should be better integrated into United
Nations activities. The heavy burden of care that is often placed on
caregivers, in particular women, needs to be addressed.
23. The general comments need to avoid duplication of activity. It should
be recognized, however, that more than one actor will have an interest in each
area.
24. The involvement of men needs to be further addressed, as does the
encouragement of men and women to take responsibility for their sexual and
reproductive behaviour.
25. The need to integrate education on reproductive and sexual health,
including family planning, into all population and development programmes
should be addressed.
26. Insufficient consideration has been given to the issue of women and
health and to the activities proposed to deal with the graver problems of the
health of women and girls. High priority should be given to eliminating the
major causes of death in women and girls.
27. References to equality in the utilization of health care should be
understood to mean provision in response to need because women often make
greater use of health-care services; the need for equality of access to health
care should be reaffirmed.
61/ Report of the International Conference on Population and Development,
Cairo, 5-13 September 1994 (United Nations publication, Sales No.
E.95.XIII.18), chap. I, resolution 1, annex.
D. Violence against women
28. Actions contained in the system-wide medium-term plan in relation to
strategic objective D.3 (Eliminate trafficking in women and assist victims of
violence due to prostitution and trafficking) of the Platform for Action are
very limited, as is the list of organizations involved.
E. Women and armed conflict
29. The focus under this critical area of concern should be on actions to be
taken by the United Nations system consistent with the Charter of the United
Nations in order to protect women who are victims or who are at risk of
becoming victims, of armed conflict from violence and abuse.
30. Measures should be further elaborated to raise awareness of women's
rights in armed conflict, and should be applied, inter alia, in the training
of police, military personnel, health workers, teachers and managers of camps
for refugee/displaced persons.
31. Measures to promote the more active participation of women in conflict
resolution need to be addressed as the equal access and full participation of
women in power structures and their full involvement in all efforts for the
prevention and resolution of conflicts are essential for the maintenance and
promotion of peace and security. However, the system-wide medium-term plan
should not assume - as it now does - that there are major differences between
women's and men's attitudes to peace, security and conflict resolution.
F. Women and the economy
32. In relation to the care of children and dependants and the sharing of
family responsibilities, child care and dependant care need to be provided as
integral parts of the concept of gender equality and gender analysis, and
Convention No. 156 of the International Labour Organization needs to be
promoted.
33. In operational activities, there should be a greater commitment to the
provision of care of children and dependants.
34. The work on indicators should be better coordinated. The World Bank
should also be associated with the analysis of data on globalization and
change in international work patterns.
35. In operational activities, there should be a clearer reference to United
Nations system assistance to Governments in implementing policies to ensure
women equal rights with men to economic resources; this should include access
to ownership and control over land and other forms of property, credit,
inheritance, natural resources and new technologies.
36. As regards work and employment, there should be a more comprehensive
approach to methods of measuring and disseminating information on types,
extent and distribution of unremunerated work, in keeping with the relevant
paragraphs of the Platform for Action, particularly paragraph 165 (g).
37. As regards women in the rural sector, as reflected in paragraphs 137
and 138 of the system-wide medium-term plan, there should be more emphasis
on the concepts contained in the Platform for Action, in particular
paragraph 166 (c).
38. The collective capacity of the United Nations system to promote gender
analysis and policy advice on the impact of global economic issues on women,
particularly the effects of economic restructuring programmes and other
macroeconomic policies, should be utilized to the full.
G. Women in power and decision-making
39. The word "parity" is not used in the Platform for Action and should not
be used in the system-wide medium-term plan.
40. Decision-making should be addressed at all levels.
41. Activities within the United Nations Secretariat in this area of concern
need to be strengthened.
42. The United Nations Statistics Division should collect and publicize
statistics (in a yearly publication) on the number of women and men throughout
the United Nations system at all levels, including their regional and
subregional composition by gender.
43. Research on representation of men in fields where they are
underrepresented should be added.
44. Dialogue with local communities and civil society and their
participation in development activities need to be strengthened.
H. Institutional mechanisms for the advancement of women
45. The United Nations system should take into account that the main task of
national machineries for the advancement of women is to support
government-wide mainstreaming of a gender perspective in all policy areas, and
that Governments should create or strengthen national machineries and other
governmental bodies for the advancement of women.
46. Providing support to Governments and technical assistance on how to
strengthen institutional capacities for the advancement of women requires that
a broader range of actions be considered than those reflected in the
system-wide medium-term plan, which focus particularly on the collection, use
and dissemination of data. Including gender capacity-building elements in
national plans and development strategies, as well as in supportive efforts
provided by international cooperation, should be considered.
I. Human rights of women
47. It should be emphasized that women's rights are human rights.
48. It should also be emphasized that the human rights of women and of the
girl child are an inalienable, integral and indivisible part of all human
rights and fundamental freedoms.
49. It should be stressed that this is one of the priority objectives of the
United Nations.
50. The United Nations should develop a comprehensive policy programme for
mainstreaming the human rights of women throughout the United Nations system,
emphasizing the strengthening of the cooperation and coordination between
different entities of the United Nations in the promotion and protection of
the human rights of women.
51. The Centre for Human Rights should take into account the Programme of
Action of the International Conference on Population and Development and the
Platform of Action of the Fourth World Conference in all aspects of the human
rights of women.
52. Integration of the human rights of women in all activities of the United
Nations should be emphasized.
J. Women and the media
53. This section should be updated in the light of the Platform for Action
and the Programme of Action of the World Summit for Social Development.
54. The activities of all parts of the United Nations Secretariat should be
reflected, not just those of the Division for the Advancement of Women and the
Department of Public Information. A gender element is needed in all
programmes.
55. Emphasis should be placed on the ability to communicate in order to get
the mainstreaming message across.
56. Public information and outreach should be undertaken by all parts of the
United Nations system. Mainstreaming a gender perspective into all
publications is essential. The role of women in political activity, as well
as in the social and economic activity in the United Nations system, is
important. Not only should agencies that have traditionally had a role in
this critical area of concern undertake activities, but also others should get
more involved in the future.
K. Women and the environment
57. In the indication of areas of research, more emphasis should be given to
the issues identified in paragraph 258 (b) of the Platform for Action.
58. The work on indicators should be integrated with the work initiated
under the aegis of the Commission on Sustainable Development.
L. The girl child
59. Educating the girl child about rights guaranteed to her under
international human rights instruments should be given more importance.
60. Health should be emphasized, including reproductive and sexual health
and information on human immunodeficiency virus/acquired immunodeficiency
syndrome.
M. Institutional arrangements
61. More attention should be given to measures to promote mainstreaming of a
gender perspective into all policies and programmes of the United Nations.
62. Clarification has to be sought on progress regarding innovative
mobilization of resources.
63. Experiences from bilateral and regional cooperation should be taken into
account by indicating best practices and the importance of policy dialogue and
country strategies.
64. The role of the Economic and Social Council and the importance of
coordinated follow-up of all major United Nations conferences should be
further highlighted.
Decision 40/101. Reports relating to follow-up to the
Fourth World Conference on Women
At its 16th meeting, on 22 March 1996, the Commission on the Status of
Women took note of the following reports relating to follow-up to the Fourth
World Conference on Women:
(a) Report of the Secretary-General on the mandate, methods of work and
multi-year work programme of the Commission on the Status of Women; 62/
(b) Report of the Secretary-General on ways to enhance the capacity of
the Organization and of the United Nations system to support the ongoing
follow-up to the Conference; 63/
(c) Report of the Secretary-General on the elimination of stereotyping
in the mass media; 64/
(d) Report of the Secretary-General on child and dependant care,
including the sharing of work and family responsibilities; 65/
(e) Report of the Secretary-General on education for peace; 66/
(f) Report of the Secretary-General on the improvement of the status of
women in the Secretariat; 67/
(g) Report of the Secretary-General on the implementation of General
Assembly resolution 50/166 on the role of the United Nations Development Fund
for Women in eliminating violence against women. 68/
62/ E/CN.6/1996/2.
63/ E/CN.6/1996/3.
64/ E/CN.6/1996/4.
65/ E/CN.6/1996/5.
66/ E/CN.6/1996/6.
67/ E/CN.6/1996/7.
68/ E/CN.6/1996/11.
Chapter II
FOLLOW-UP TO THE FOURTH WORLD CONFERENCE ON WOMEN
1. The Commission considered item 3 of its agenda at the 1st to 12th and
14th to 16th meetings, from 11 to 15, 18 and 20 to 22 March 1996. It had
before it the following documents:
(a) Report of the Secretary-General on the mandate, methods of work and
multi-year work programme of the Commission (E/CN.6/1996/2);
(b) Report of the Secretary-General on ways to enhance the capacity of
the Organization and of the United Nations system to support the ongoing
follow-up to the Conference (E/CN.6/1996/3);
(c) Report of the Secretary-General on the elimination of stereotyping
in the mass media (E/CN.6/1996/4);
(d) Report of the Secretary-General on child and dependant care,
including the sharing of work and family responsibilities (E/CN.6/1996/5);
(e) Report of the Secretary-General on education for peace
(E/CN.6/1996/6);
(f) Report of the Secretary-General on the improvement of the status of
women in the Secretariat (E/CN.6/1996/7);
(g) Report of the Secretary-General on the situation of and assistance
to Palestinian women (E/CN.6/1996/8);
(h) Report of the Secretary-General on the extent to which violations of
women's human rights have been addressed by human rights mechanisms
(E/CN.6/1996/9);
(i) Note by the Secretary-General on the implementation of General
Assembly resolution 50/166 on the role of the United Nations Development Fund
for Women in eliminating violence against women (E/CN.6/1996/11);
(j) Note by the Secretary-General on violence against women migrant
workers (E/CN.6/1996/12);
(k) Report of the Secretary-General on the joint work plan of the
Division for the Advancement of Women and the Centre for Human Rights
(E/CN.6/1996/13);
(l) Note by the Secretary-General containing proposals for the
medium-term plan for the period 1998-2001 (E/CN.6/1996/14);
(m) Note by the Secretary-General transmitting the results of the
fifteenth session of the Committee on the Elimination of Discrimination
against Women (E/CN.6/1996/CRP.1);
(n) Report of the Secretary-General on the proposed system-wide
medium-term plan for the advancement of women, 1996-2001 (E/CN.6/1996/CRP.2);
(o) Report of the Secretary-General on poverty (E/CN.6/1996/CRP.3).
Implementation of strategic objectives and action in the critical areas of
concern: poverty (agenda item 3 (c) (i))
2. At the 5th meeting, on 13 March, the Commission held a panel discussion
on the sub-item and heard presentations by the following experts: Aruna Rao,
Consultant, Bangladesh Rural Advancement Committee; Ishrat Husain, Director,
Poverty and Social Policy Department, World Bank; Jennifer Riria-Ouko,
Managing Director, Kenya's Women's Finance; Mubyarto Martodinoto, Assistant
State Minister for Eradication of Poverty, Ministry of National Development
Planning of Indonesia; Gasto'n Iba'n~ez, Minister and Deputy Permanent
Representative of Peru; Elisabeth d'Hondt, Director, Division for Women in
Development, Family and Youth Issues, Federal Ministry for Development and
Cooperation, Germany.
3. The Chairperson made a statement.
4. At the same meeting, the Commission held a dialogue among Governments,
in which the following delegations participated: the Dominican Republic,
Congo, Ecuador, South Africa, Italy (on behalf of the States Members of the
United Nations that are members of the European Union), Bulgaria, China,
Pakistan, Nigeria, Zimbabwe, Algeria, Australia, Mali, Co^te d'Ivoire, Costa
Rica and Tunisia.
5. The representative of the Ad Hoc Inter-agency meeting on Women made a
statement.
6. The observers for Soroptimist International and a poverty caucus of
non-governmental organizations also made statements.
7. The panellists responded to points raised.
8. At the 6th meeting, on 13 March, the Commission held a dialogue with
representatives of organizations of the system, including the Bretton Woods
institutions, and heard presentations by the Assistant Secretary-General and
Special Adviser to the Secretary-General on Gender Issues and by the
representatives of the United Nations Population Fund, the World Bank, the
United Nations Development Fund for Women, the United Nations Children's Fund,
the International Labour Organization and the United Nations Development
Programme.
9. A statement was made by the Chairperson.
10. The following delegations participated in the dialogue: Sudan, Antigua
and Barbuda, Ghana, Netherlands, Guinea-Bissau, Canada, United Republic of
Tanzania, Dominican Republic, Russian Federation, Costa Rica, Togo, Finland,
Swaziland, Namibia, Mexico, Guinea and United States of America.
11. The observer for the Commonwealth Secretariat made a statement.
12. The observer for the poverty caucus of non-governmental organizations
also made a statement.
13. The panellists responded to points raised.
14. At the 7th meeting, on 14 March, the Chairperson summarized the
discussion and dialogues held on the sub-item.
15. At the same meeting, the Commission held a dialogue among Governments,
in which the following delegations participated: Cuba, United States of
America, Tunisia, Republic of Korea, Chile, Bulgaria, Namibia, Italy (on
behalf of the States Members of the United Nations that are members of the
European Union), Co^te d'Ivoire, Ireland, Dominican Republic, Austria,
Nigeria, Canada, Japan, Malaysia, Ethiopia, Portugal, Costa Rica (on behalf of
the States Members of the United Nations that are members of the Group of 77),
France, China, Pakistan, Sudan, Finland, Sweden, Australia, Antigua and
Barbuda and Mexico.
16. The observers for the following non-governmental organizations also
spoke: Federally Employed Women and Women's International League for Peace
and Freedom.
Implementation of strategic objectives and action in the critical areas of
concern: women and the media (agenda item 3 (c) (ii))
17. At the 8th meeting, on 14 March, the Commission held a panel discussion
on the sub-item and heard statements by the following experts:
Margaret Gallagher, media consultant and former Coordinator of the European
Union Steering Committee for Equal Opportunities in Broadcasting; Joan
Pennefather, former Director-General, National Arts Center of Canada; Lyndall
Shope-Mafole, Counsellor, Independent Broadcasting Authority, South Africa;
Teresa Rodriguez, Chief, International Department, Ministry for Women's
Affairs of Chile; Alain Modoux, Director, Division for Communication of the
United Nations Educational, Scientific and Cultural Organization.
18. A statement was made by the Chairperson.
19. At the same meeting, the Commission held a dialogue among Governments,
in which the following delegations participated: Spain, Netherlands, Turkey,
Ecuador, United States of America, Dominican Republic, Philippines, Pakistan,
Algeria, Cyprus, China, Mexico, Italy, Lesotho and Zambia.
20. The representative of the International Research and Training Institute
for the Advancement of Women also spoke.
21. The observers for the following non-governmental organizations spoke:
African Women's Development and Communication Network (FEMNET) and Association
for Progressive Communications.
22. The panellists responded to points raised.
23. At the 9th meeting, on 15 March, the Chairperson made a statement.
24. At the same meeting, the Commission held a dialogue in which the
following delegations participated: Republic of Korea, Pakistan, Poland,
China, Sudan, Cuba, Canada, Japan, Guinea, Finland, Belgium, Portugal, Italy
(on behalf of the States Members of the United Nations that are members of the
European Union), Israel, Bahamas, Ghana, France, Islamic Republic of Iran,
Ecuador and Kyrgyzstan.
25. The observers for the following non-governmental organizations also
spoke: American Association of Retired Persons and World Association of
Community Radio Broadcasters.
Implementation of strategic objectives and action in the critical areas of
concern: child and dependant care, including sharing of responsibilities
between men and women (agenda item 3 (c) (iii))
26. At the 10th meeting, on 15 March, the Commission held a panel discussion
on the sub-item and heard presentations by the following experts: Kathryn
Tolbert, The Population Council, Mexico Office; Mihaela-Rodica Stanoiu,
Secretary of State on Women's Affairs and Family Policies, Ministry of Labour
and Social Protection, Romania; Misrak Elias, Senior Adviser, Women in
Development, United Nations Children's Fund; Anne Havnþr, Senior Executive
Officer, Ministry of Children and Family Affairs, Norway; Chen Guomei, Vice-
President, China Family Education Association, and Professor, Beijing Normal
University.
27. A statement was made by the Chairperson.
28. At the same meeting, the Commission held a dialogue among Governments,
in which the following delegations participated: Namibia, Tunisia, Mali,
Sudan, Netherlands, Austria, Zimbabwe, Italy and Finland.
29. Statements were made by the observers for the following non-governmental
organizations: a caucus on shared responsibilities and a non-governmental
organization committee on the status of women, International Confederation of
Free Trade Unions and World Federation of United Nations Associations.
30. The panellists responded to points raised.
31. At the 11th meeting, on 18 March, the Commission held a dialogue among
Governments, in which the following delegations participated: Thailand,
United States of America, Swaziland, Republic of Korea, China, Chile, Japan,
Israel, Ghana, Cuba, Italy, Namibia, Guinea, Canada, Mexico, Sudan, Ecuador,
Pakistan, France, Botswana, Angola, Finland, United Kingdom of Great Britain
and Northern Ireland and Sweden.
ACTION TAKEN BY THE COMMISSION
Release of women and children taken hostage in armed conflicts
and imprisoned
32. At the 11th meeting, on 18 March, the observer for Azerbaijan, on
behalf of Argentina, 69/ Azerbaijan, 69/ Bangladesh, 69/ Bosnia and
Herzegovina, 69/ Cambodia, 69/ Ecuador, Egypt, 69/, Georgia, 69/ Kuwait, 69/
Kyrgyzstan, 69/ Malaysia, Mozambique, 69/ Pakistan, 69/ Togo, Tunisia,
Turkey, 69/ Turkmenistan, 69/ the United Arab Emirates, 69/ Uzbekistan 69/ and
Zimbabwe, 69/ introduced a draft resolution (E/CN.6/1996/L.1) entitled
"Release of women and children taken hostage in armed conflicts and
imprisoned". Subsequently, Botswana, 69/ Burkina Faso, 69/ Colombia, Costa
Rica, Co^te d'Ivoire, 69/ the Dominican Republic, Guatemala, 69/ Guinea,
Guinea-Bissau, Haiti, 69/ the Islamic Republic of Iran, Jordan, 69/
Kazakstan, 69/ Lebanon, Liberia, 69/ Mali, Namibia, Panama, 69/ Peru, 69/
Qatar, 69/ South Africa, 69/ Swaziland, the United Republic of Tanzania, 69/
Venezuela 69/ and Zambia 69/ joined in sponsoring the draft resolution.
69/ In accordance with rule 69 of the rules of procedure of the
functional commissions of the Economic and Social Council.
33. At the 15th meeting, on 22 March, the observer for Azerbaijan orally
revised the draft resolution as follows:
(a) The fifth preambular paragraph, which read:
"Stressing that all forms of repression and cruel and inhuman
treatment of women and children committed by belligerents in the course
of military operations or in occupied territories, including taking them
hostage, their imprisonment, the destruction of their dwellings and
their forcible eviction, should be considered criminal", was deleted;
(b) Operative paragraph 1, which read:
"Condemns violence against women and children in areas of armed
conflict, recognizing it as a violation of international humanitarian
law, and calls for a particularly effective response to violations of
this kind, including the immediate release of women and children taken
hostage in areas of armed conflict",
was changed to read:
"Condemns violent acts in contravention of international
humanitarian law against civilian women and children in areas of armed
conflict and calls for an effective response to such acts, including the
immediate release of such women and children taken hostage in areas of
armed conflict".
34. At the same meeting, the observer for Germany proposed an amendment to
the draft resolution whereby operative paragraph 2, which read:
"Strongly urges all parties to conflicts to immediately release all
women and children taken hostage in areas of armed conflict"
was replaced by the following text:
"Strongly urges all parties to armed conflicts to respect fully the
norms of international humanitarian law in armed conflict and take all
measures required for the protection of women and children, in
particular the immediate release of women and children taken hostage or
imprisoned".
35. The Commission then adopted the draft resolution, as orally revised and
amended (see chap. I, sect. C, Commission resolution 40/1).
Integration of women in the Middle East peace process
36. At the 12th meeting, on 20 March, the representative of the United
States of America introduced and orally revised a draft resolution
(E/CN.6/1996/L.3) entitled "Integration of women in the Middle East peace
process". Subsequently, Costa Rica, Israel, 69/ Norway and the Russian
Federation joined in sponsoring the draft resolution, which read as follows:
"The Commission on the Status of Women,
"Recalling General Assembly resolution 50/21 of 12 December 1995,
Economic and Social Council resolution 1995/52 of 28 July 1995, and
Commission on the Status of Women resolution 39/3 of 31 March 1995,
"Recalling also the Beijing Declaration and Platform for Action,
adopted at the Fourth World Conference on Women, in September 1995,
"Stressing that the achievement of a comprehensive, just and lasting
settlement of the Middle East conflict will constitute a significant
contribution to strengthening international peace and security,
"Recalling the convening of the Peace Conference on the Middle East
at Madrid on 30 October 1991, on the basis of Security Council
resolutions 242 (1967) of 22 November 1967 and 338 (1973) of
22 October 1973, and the subsequent bilateral negotiations, as well as
the meetings of the multilateral working groups, and noting with
satisfaction the broad international support for the peace process,
"Noting the continuing positive participation of the United Nations
as a full extraregional participant in the work of the multilateral
working groups,
"Bearing in mind the Declaration of Principles on Interim Self-
Government Arrangements, signed by the Government of the State of Israel
and the Palestine Liberation Organization, the representative of the
Palestinian People, in Washington on 13 September 1993, and the
subsequent Agreement on the Gaza Strip and the Jericho Area, signed by
the Government of the State of Israel and the Palestine Liberation
Organization at Cairo on 4 May 1994, their 29 August 1994 Agreement on
the Preparatory Transfer of Powers and Responsibilities, the Protocol on
Further Transfer of Powers and Responsibilities signed by the Government
of Israel and the Palestine Liberation Organization at Cairo on
27 August 1995, and the Interim Agreement on the West Bank and Gaza
Strip, signed by the Government of Israel and the Palestine Liberation
Organization in Washington on 28 September 1995,
"Also bearing in mind the Agreement between Israel and Jordan on the
Common Agenda, signed in Washington on 14 September 1993, the Washington
Declaration, signed by Jordan and Israel on 25 July 1994, and the Treaty
of Peace between the State of Israel and the Hashemite Kingdom of
Jordan, of 26 October 1994,
"Welcoming the Declaration of the Middle East/North Africa Economic
Summit, held at Casablanca from 30 October to 1 November 1994, as well
as the Declaration of the Middle East/North Africa Economic Summit, held
at Amman from 29 to 31 October 1995,
"Reaffirming paragraph 145 of the Beijing Platform for Action which
calls upon the international community to condemn and act against all
forms and manifestations of terrorism,
"1. Welcomes the peace process started at Madrid, and supports the
subsequent bilateral negotiations;
"2. Stresses the importance of, and need for, achieving a
comprehensive, just and lasting peace in the Middle East;
"3. Expresses its full support for the achievements of the peace
process thus far, in particular the Declaration of Principles on Interim
Self-Government Arrangements, signed by the Government of the State of
Israel and the Palestine Liberation Organization, the representative of
the Palestinian People, the subsequent Agreement on the Gaza Strip and
the Jericho Area, signed by the Government of the State of Israel and
the Palestine Liberation Organization, their 29 August 1994 Agreement on
the Preparatory Transfer of Powers and Responsibilities, the Protocol on
Further Transfer of Powers and Responsibilities signed by the Government
of Israel and the Palestine Liberation Organization at Cairo on
27 August 1995, the Interim Agreement on the West Bank and Gaza Strip,
signed by the Government of Israel and the Palestine Liberation
Organization in Washington on 28 September 1995, the Agreement between
Israel and Jordan on the Common Agenda, the Washington Declaration,
signed by Jordan and Israel on 25 July 1994, and the Treaty of Peace
between the State of Israel and the Hashemite Kingdom of Jordan, of
26 October 1994, which constitute important steps in achieving a
comprehensive, just and lasting peace in the Middle East, and urges all
parties to implement the agreements reached;
"4. Stresses the need to achieve rapid progress on the other tracks
of the Arab-Israeli negotiations within the peace process;
"5. Urges Governments, intergovernmental bodies and
non-governmental organizations to include women in the peace process;
"6. Also urges Governments, intergovernmental bodies and
non-governmental organizations to support the implementation of the
Declaration of Principles and to assist the Palestinian people to ensure
Palestinian women's political development and participation;
"7. Welcomes the results of the Conference to Support Middle East
Peace, convened in Washington on 1 October 1993, including the
establishment of the Ad Hoc Liaison Committee, the subsequent work of
the World Bank Consultative Group, welcomes also the appointment by the
Secretary-General of the 'United Nations Special Coordinator in the
Occupied Territories', and urges Member States to expedite economic,
financial and technical assistance to the Palestinian people during the
interim period;
"8. Condemns recent terrorist attacks in Israel which seek to
undermine the peace process and which have caused loss of life and
injuries among women and their families, and supports the statement of
the Summit of the Peace Makers in Sharm el-Sheikh on 13 March 1996;
"9. Calls upon all Member States to extend economic, financial and
technical assistance to parties in the region and to render support for
the peace process, especially with regard to women;
"10. Urges Member States to ensure that all economic, financial and
technical assistance to parties in the region take into account the role
of women as full participants and beneficiaries;
"11. Considers that an active United Nations role in the Middle East
peace process and in assisting in the implementation of the Declaration
of Principles can make a positive contribution with regard to the status
of women;
"12. Encourages regional development and cooperation in areas where
work has begun within the framework of the Madrid Conference."
37. At the 15th meeting, on 22 March, the representative of the United
States of America further orally revised the draft resolution.
38. The observer for the Syrian Arab Republic made a statement.
39. The Commission then adopted the draft resolution, as orally revised, by
a roll-call vote of 27 to 2, with 11 abstentions (see chap. I, sect. C,
Commission resolution 40/2). The voting was as follows:
In favour: Algeria, Australia, Austria, Bahamas, Belarus, Belgium,
Brazil, Bulgaria, Chile, China, Colombia, Costa Rica,
Cyprus, Dominican Republic, Ecuador, France, Greece, India,
Japan, Mexico, Norway, Portugal, Republic of Korea, Russian
Federation, Slovakia, Tunisia, United States of America.
Against: Iran (Islamic Republic of), Libyan Arab Jamahiriya.
Abstaining: Angola, Cuba, Guinea, Guinea-Bissau, Indonesia, Lebanon,
Malaysia, Namibia, Philippines, Sudan, Swaziland.
40. Before the draft resolution was adopted, the representatives of Lebanon,
Algeria, the Libyan Arab Jamahiriya and Tunisia made statements; after it was
adopted, statements were made by the representatives of the Islamic Republic
of Iran, Swaziland and Cuba.
41. The representative of Ecuador made a statement.
Mainstreaming the human rights of women
42. At the 12th meeting, on 20 March, the representative of Australia, on
behalf of Argentina, 69/ Australia, Canada, 69/ the Congo, Costa Rica, Cyprus,
Finland, 69/ Ghana, 69/ Malaysia, the Netherlands, 69/ New Zealand, 69/
Nigeria, 69/ Norway, Poland, 69/ Portugal, the Republic of Korea, Romania, 69/
Sweden, 69/ Switzerland 69/ and Togo, introduced a draft resolution
(E/CN.6/1996/L.4) entitled "Mainstreaming the human rights of women".
Subsequently, Algeria, Angola, Antigua and Barbuda, 69/ Belgium, Brazil,
Bulgaria, Cameroon, 69/ Chile, Colombia, Co^te d'Ivoire, 69/ Denmark, 69/ the
Dominican Republic, Ecuador, Ethiopia, 69/ France, Gabon, 69/ Germany, 69/
Guinea, Guinea-Bissau, Hungary, 69/ Iceland, 69/ Ireland, 69/ Israel, 69/
Italy, 69/ Japan, Kyrgyzstan, 69/ Lesotho, 69/ Liechtenstein, 69/ Mali,
Morocco, 69/ Namibia, Nepal, 69/ Panama, 69/ Peru, 69/ the Philippines,
Senegal, 69/ Slovakia, Slovenia, 69/ South Africa, 69/ Spain, 69/ Thailand,
Turkey, 69/ the United States of America, the United Kingdom of Great Britain
and Northern Ireland, 69/ the United Republic of Tanzania, 69/ Zambia and
Zimbabwe joined in sponsoring the draft resolution.
43. At the 15th meeting, on 22 March, the representative of Australia orally
revised the fifth preambular paragraph of the draft resolution by replacing
the word "Welcoming" by the words "Reaffirming the importance of".
44. At the same meeting, the Commission adopted the draft resolution, as
orally revised (see chap. I, sect. C, Commission resolution 40/3).
Traffic in women and girls
45. At the 12th meeting, on 20 March, the representative of the Philippines,
on behalf of Argentina, 69/ Costa Rica, Co^te d'Ivoire, 69/ Fiji, 69/
Ghana, 69/ Indonesia, Israel, 69/ Nigeria, 69/ Panama, 69/ the Philippines and
Thailand, introduced a draft resolution (E/CN.6/1996/L.5) entitled "Traffic in
women and girls". Subsequently, Angola, Bangladesh, 69/ Belgium, Benin, 69/
Burkina Faso, 69/ Cameroon, 69/ the Congo, the Dominican Republic, Ecuador,
Ethiopia, 69/ France, Gabon, 69/ Guinea, Guinea-Bissau, Lesotho, 69/ Malaysia,
Mali, Peru, 69/ the Russian Federation, Senegal, 69/ South Africa, 69/
Switzerland, 69/ Togo, Viet Nam 69/ and Zambia 69/ joined in sponsoring the
draft resolution, which read as follows:
"The Commission on the Status of Women,
"Reaffirming its faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men and women,
enshrined in the Charter of the United Nations, as well as the
principles set forth in the Universal Declaration of Human Rights, the
Convention on the Elimination of All Forms of Discrimination against
Women, the International Covenants on Human Rights, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Rights of the Child and the
Declaration on the Elimination of Violence against Women,
"Recalling General Assembly resolutions 49/166 of 23 December 1994
and 50/167 of 22 December 1995, Commission on the Status of Women
resolution 39/6 of 29 March 1995 and Commission on Human Rights
resolutions 1994/45 of 4 March 1994 and 1995/25 of 3 March 1995 on the
traffic in women and girls,
"Concurring with the conclusions and recommendations made by recent
international conferences, including the World Conference on Human
Rights in Vienna, the World Summit for Social Development in Copenhagen,
the International Conference on Population and Development in Cairo and
the Fourth World Conference on Women in Beijing, on the human rights of
women and girl children, in particular with respect to the violation of
those rights by their being forced into sexually or economically
oppressive and exploitative situations for the profit of recruiters,
traffickers and crime syndicates, as well as into other illegal
activities related to trafficking, such as forced domestic labour, false
marriages, child marriages, clandestine employment and false adoption,
"Acknowledging that the problem of trafficking also victimizes young
boys,
"Welcoming the decision of the Commission on Crime Prevention and
Criminal Justice in its resolution 3/2 of 6 May 1994 to consider the
international traffic in minors at its fourth session, in the context of
its discussion on the question of organized transnational crime, and the
adoption by the Subcommission on Prevention of Discrimination and
Protection of Minorities of resolution 1994/5, in which the
Subcommission recommended that Governments adopt legislation to prevent
child prostitution and child pornography,
"Concerned about the increasing number of women and girl children
from developing countries and from some countries with economies in
transition who are being victimized by traffickers, and noting the
misuse of advanced information technology for pornographic and
trafficking purposes,
"Realizing the urgent need for the adoption of effective measures at
the national, regional and international levels to protect women and
girl children from this nefarious traffic,
"1. Welcomes the Programme of Action of the International
Conference on Population and Development, held at Cairo from 5 to 13
September 1994, which, inter alia, called upon all Governments to
prevent all international trafficking in migrants, especially for the
purpose of prostitution, and for the adoption by Governments of both
receiving countries and countries of origin of effective sanctions
against those who organize undocumented migration, exploit undocumented
migrants or engage in trafficking in undocumented migrants, especially
those who engage in any form of international trafficking in women and
girl children;
"2. Calls for the implementation of the Platform for Action of the
Fourth World Conference on Women by Governments of countries of origin,
transit and destination and regional and international organizations, as
appropriate:
"(a) By considering the ratification and enforcement of
international conventions on trafficking in persons and on slavery;
"(b) By taking appropriate measures to address the root factors,
including external factors, that encourage trafficking in women and
girls for prostitution and other forms of commercialized sex, forced
marriages and forced labour in order to eliminate trafficking in women,
including by strengthening existing legislation with a view to providing
better protection of the rights of women and girls and to punishing the
perpetrators, through both criminal and civil measures;
"(c) By stepping up cooperation and concerted action by all relevant
law enforcement authorities and institutions with a view to dismantling
national, regional and international networks in trafficking;
"(d) By allocating resources to provide comprehensive programmes
designed to heal and rehabilitate into society victims of trafficking,
including through job training and the provision of legal assistance and
confidential health care, as well as by taking measures to cooperate
with non-governmental organizations to provide for the social, medical
and psychological care of the victims of trafficking;
"(e) By developing educational and training programmes and policies
and considering enacting legislation aimed at preventing sex tourism and
trafficking, giving special emphasis to the protection of young women
and children;
"3. Invites Governments to consider the development of standard
minimum rules for the humanitarian treatment of trafficked persons,
consistent with internationally recognized human rights standards;
"4. Encourages Governments, relevant organizations and bodies of
the United Nations system, intergovernmental organizations and
non-governmental organizations to gather and share information relative
to all aspects of trafficking in women and girl children in order to
facilitate the development of anti-trafficking measures, and to adopt
appropriate measures to create wider public awareness of the problem;
"5. Calls upon all Governments to take appropriate measures to
prevent the misuse and exploitation by traffickers of such economic
activities as the development of tourism and the export of labour and
the use of advanced information technology, including cyberspace;
"6. Encourages the Special Rapporteur of the Commission on Human
Rights on violence against women and the Special Rapporteur of the
Commission of Human Rights on the sale of children, child prostitution
and child pornography, as well as the Working Group on Contemporary
Forms of Slavery of the Subcommission on Prevention of Discrimination
and Protection of Minorities, to continue to pay special attention to
the problem of trafficking in women and girl children, and to submit a
report thereon to the General Assembly at its fifty-first session,
through the usual channels;
"7. Reiterates its request to the Secretary-General to focus the
International Day for the Abolition of Slavery, 2 December 1996, on the
problem of trafficking in human persons, especially women and children,
and to devote one meeting of the fifty-first session of the General
Assembly to the discussion of this problem;
"8. Encourages the holding of an international conference on
trafficking;
"9. Decides to remain seized of this matter and to examine, at its
forty-first session, the reports of the Special Rapporteurs and relevant
organizations and bodies, with a view to making appropriate
recommendations to the General Assembly at its fifty-first session,
through the Economic and Social Council at its substantive session of
1996."
46. At the 15th and 16th meetings, on 22 March, the representative of the
Philippines read out revisions to the draft resolution.
47. At the 16th meeting, the Commission adopted the draft resolution, as
orally revised (see chap. I, sect. C, Commission resolution 40/4).
International Research and Training Institute for the
Advancement of Women
48. At the 14th meeting, on 21 March, the representative of Costa Rica, on
behalf of the States Members of the United Nations that are members of the
Group of 77 and China, introduced a draft resolution (E/CN.6/1996/L.6)
entitled "International Research and Training Institute for the Advancement of
Women". Subsequently, Turkey joined in sponsoring the draft resolution.
49. At the 16th meeting, on 22 March, the representative of Costa Rica
orally revised operative paragraph 4 of the draft resolution by replacing the
word "important" by the word "special".
50. At the same meeting, the Commission adopted the draft resolution, as
orally revised (see chap. I, sect. C, Commission resolution 40/5).
Violence against women migrant workers
51. At the 14th meeting, on 21 March, the representative of the Philippines,
on behalf of Fiji, 69/ Ghana, 69/ Israel 69/ and the Philippines, introduced
and orally revised a draft resolution (E/CN.6/1996/L.7) entitled "Violence
against women migrant workers". Subsequently,Costa Rica, the Dominican
Republic, Guinea, Guinea-Bissau and Senegal 69/ joined in sponsoring the draft
resolution, which read as follows:
"The Commission on the Status of Women,
"Bearing in mind the Charter of the United Nations, which reaffirms
faith in human rights and fundamental freedoms, in the dignity and worth
of the human person, and in the equal rights of women and men,
"Reaffirming the principles set forth in the Universal Declaration
of Human Rights and the Convention on the Elimination of All Forms of
Discrimination against Women,
"Recalling General Assembly resolutions 47/96 of 16 December 1992,
48/110 of 20 December 1993, 49/165 of 23 December 1994 and 50/168 of
22 December 1995 and Commission on the Status of Women resolutions 38/7
of 18 March 1994 and 39/7 of 31 March 1995, as well as the Declaration
on the Elimination of Violence against Women adopted by the General
Assembly at its forty-eighth session,
"Welcoming the conclusions and recommendations made by recent
international conferences, including the World Conference on Human
Rights held in Vienna in June 1993, the International Conference on
Population and Development held in Cairo in September 1994, the World
Summit for Social Development held in Copenhagen in March 1995 and the
Fourth World Conference on Women held in Beijing in September 1995, on
the promotion and protection of the rights and fundamental freedoms of
women, in particular women migrant workers,
"Noting the large numbers of women from developing countries and
from some countries with economies in transition who continue to venture
forth to more affluent countries in search of a living for themselves
and their families as a consequence of poverty, unemployment and other
socio-economic conditions,
"Recognizing that it is the duty of sending countries to protect and
promote the interests of their citizens who seek or receive employment
in other countries, to provide them with appropriate training/education
and to apprise them of their rights and obligations in the countries of
employment,
"Aware of the moral obligation of receiving or host countries to
ensure the human rights and fundamental freedoms of all persons within
their boundaries, including migrant workers, who are doubly vulnerable
because of their gender and their being foreigners,
"Noting the measures adopted by some receiving States to alleviate
the plight of women migrant workers residing within their areas of
jurisdiction,
"Noting with concern, however, the continuing reports of grave
abuses and acts of violence committed against women migrant workers by
some of their employers in some host countries,
"Stressing that acts of violence directed against women impair or
nullify women's enjoyment of their human rights and fundamental
freedoms,
"1. Reiterates its call for States Members of the United Nations to
adopt measures for the effective implementation of the Declaration on
the Elimination of Violence against Women, including their application
to women migrant workers;
"2. Invites States concerned, specifically those sending and
receiving women migrant workers, to conduct regular consultations for
the purpose of identifying problem areas in promoting and protecting the
rights of women migrant workers and ensuring health, legal and social
services for them, adopting specific measures to address these problems,
setting up, as appropriate, linguistically and culturally accessible
services and mechanisms to implement those measures and, in general,
creating conditions that foster greater harmony and tolerance between
women migrant workers and the rest of society in which they reside;
"3. Encourages States Members of the United Nations, particularly
those from which women migrant workers originate and those that play
host to them, to ensure the protection of the rights and fundamental
freedoms of women migrant workers as defined by international
conventions and agreements and by the outcome of recent international
conferences;
"4. Calls upon States Members to adopt and/or implement and
periodically review and analyse legislation to ensure its effectiveness
in eliminating violence against women, including women migrant workers,
emphasizing the prevention of violence and the prosecution of offenders,
to take measures for the protection of women, particularly women migrant
workers, who are subjected to violence, and to ensure access to just and
effective remedies, including compensation and indemnification and
healing of victims, and rehabilitation of perpetrators;
"5. Encourages Member States to consider signing and ratifying or
acceding to the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families;
"6. Calls upon States to explore the possibility of adopting
measures to prevent the victimization of women migrant workers by sexual
traffickers and to penalize those traffickers, including the
ratification of the Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others;
"7. Calls for the organization/establishment of a mechanism under
the aegis of the Centre for Human Rights/United Nations High
Commissioner for Human Rights, in coordination with the Division for the
Advancement of Women, to be funded from the existing funds of relevant
United Nations bodies and from voluntary contributions by
intergovernmental and non-governmental organizations, which would have
the following functions, among others:
"(a) Conduct continuing studies on the situation of migrant workers
on a global and/or regional basis;
"(b) Disseminate information on migrant worker issues;
"(c) Provide training and information to migrant workers to enable
them to assert their rights and fundamental freedoms;
"(d) Make recommendations on measures to address, from cross-
sectoral, interregional, regional and subregional perspectives, the
issues affecting migrant workers, in particular women migrant workers;
"(e) Serve as a forum for the exchange of views, expertise and the
like on migrant workers;
"(f) Organize seminars, consultations and conferences on issues
affecting migrant workers, particularly women migrant workers;
"8. Reiterates its recommendation to the Commission on Human Rights
to make the protection and promotion of the rights of women migrant
workers one of its priority concerns, and for the Special Rapporteur of
the Commission to continue to include among the urgent issues pertaining
to her mandate the violence perpetrated against women migrant workers;
"9. Welcomes the scheduled holding from 27 to 30 May 1996 of the
United Nations Expert Group meeting on the issue of violence against
women migrant workers, and requests that the Group's report be submitted
to the General Assembly at its fifty-first session, through the Economic
and Social Council, and that recommendations for concrete indicators to
determine the situation of women migrant workers in sending and
receiving countries be included in the report of the Secretary-General
to the General Assembly at its fifty-first session, together with the
reports of the Special Rapporteur on violence against women and of
relevant United Nations bodies and intergovernmental and
non-governmental organizations."
52. At the 16th meeting, on 22 March, the representative of the Philippines,
on behalf of the sponsors, read out further revisions to the draft resolution.
53. At the same meeting, the Commission adopted the draft resolution, as
orally revised (see chap. I, sect. C, Commission resolution 40/6).
Attainment of strategic objectives and action to be taken
in the critical area of concern: women and the media
54. At the 14th meeting, on 21 March, the representative of Costa Rica, on
behalf of the States Members of the United Nations that are members of the
Group of 77 and China, introduced and orally revised a draft resolution
(E/CN.6/1996/L.8) entitled "Attainment of strategic objectives and action to
be taken in critical areas: women and the media". The draft resolution read
as follows:
"The Commission on the Status of Women,
"Recalling the Declaration on the Elimination of Violence against
Women, adopted in 1993,
"Referring to the Toronto Platform for Action concerning the access
of women journalists to expression and decision-making,
"1. Reaffirms the provisions of the Platform for Action adopted by
the Fourth World Conference on Women, in particular paragraphs 131 and
135 concerning religious intolerance, extremist violence and terrorism
suffered by women because of their place in society and their sex;
"2. Also reaffirms paragraph 145 (f) of the Platform for Action,
which states that Governments and international and regional
organizations should call upon the international community to condemn
and act against all forms and manifestations of terrorism, emphasizing
the prevention of violence against women in general and women
journalists in particular who, because of their profession, are an easy
and preferred target of acts of violence and intolerance and terrorist
attacks;
"3. Condemns the murders and acts of violence and terrorism
committed against women journalists, particularly in Algeria, because of
their sex and their profession;
"4. Pays a warm tribute to all the women who continue, with
courage, sacrifice and determination, to make their contribution,
through the media, to improving the status of women;
"5. Appeals to the United Nations, the United Nations Educational,
Scientific and Cultural Organization and the international community to
join their efforts in order to intensify, in accordance with the
Platform for Action, efforts to combat terrorism and all forms of
intolerance and violence, which are a major obstacle to achieving the
objectives of equality, development and peace proclaimed in the Nairobi
Forward-looking Strategies for the Advancement of Women."
55. At the 16th meeting, on 22 March, the Commission had before it a revised
draft resolution (E/CN.6/1996/L.8/Rev.1), which the representative of Costa
Rica further orally revised on behalf of the sponsors. France, Italy, 69/
Nepal, 69/ Turkey 69/ and the United States of America joined in sponsoring
the revised draft resolution.
56. At the same meeting, the Commission adopted the revised draft
resolution, as further orally revised (see chap. I, sect. C, Commission
resolution 40/7).
Palestinian women
57. At the 14th meeting, on 21 March, the representative of Costa Rica, on
behalf of the States Members of the United Nations that are members of the
Group of 77 and China, introduced a draft resolution (E/CN.6/1996/L.9)
entitled "Palestinian women".
58. At the 16th meeting, on 22 March, statements were made by the observers
for the Syrian Arab Republic and Israel.
59. At the same meeting, the Commission adopted the draft resolution by a
recorded vote of 36 to 1, with 7 abstentions (see chap. I, sect. A, draft
resolution I). The voting was as follows:
In favour: Algeria, Angola, Austria, Bahamas, Belarus, Belgium, Brazil,
Bulgaria, Chile, China, Colombia, Congo, Costa Rica, Cuba,
Cyprus, Dominican Republic, Ecuador, France, Greece, Guinea,
India, Indonesia, Iran (Islamic Republic of), Japan, Libyan
Arab Jamahiriya, Malaysia, Mexico, Namibia, Philippines,
Portugal, Republic of Korea, Sudan, Swaziland, Thailand,
Togo, Tunisia.
Against: United States of America.
Abstaining: Australia, Guinea-Bissau, Lebanon, Mali, 70/ Norway,
Russian Federation, Slovakia.
60. Before the draft resolution was adopted, the representative of the
United States of America made a statement; after it was adopted, statements
were made by the representatives of Australia, Norway, the Islamic Republic of
Iran and the Libyan Arab Jamahiriya.
61. The observer for Palestine also made a statement.
Implementation of strategic objectives and action in the
critical areas of concern: poverty
62. At the 12th meeting, on 20 March, the representative of Costa Rica (on
behalf of the States Members of the United Nations that are members of the
Group of 77 and China) introduced and orally revised a draft resolution
(E/CN.6/1996/L.10) entitled "Implementation of strategic objectives and action
in the critical area of concern: poverty". The draft resolution read as
follows:
"The Commission on the Status of Women,
"Recalling General Assembly resolutions 43/195 of 20 December 1988,
44/212 of 22 December 1989, 45/213 of 21 December 1990, 46/141 of
17 December 1991, 47/197 of 22 December 1992, 48/184 of 21 December 1993
and 49/110 of 19 December 1994 related to international cooperation for
the eradication of poverty in developing countries,
"Recalling General Assembly resolution 50/107 of 20 December 1995 on
the observance of the International Year for the Eradication of Poverty
and proclamation of the first United Nations Decade for the Eradication
of Poverty,
"Reaffirming the importance of the outcome of the Fourth World
Conference on Women, held in Beijing from 4 to 15 September 1995, as
well as all the United Nations major conferences and summits organized
since 1990, in particular the World Summit for Children, held in New
York in September 1990, and the World Summit for Social Development,
held in Copenhagen in March 1995,
70/ The delegation of Mali subsequently indicated that it had intended
to vote in favour of the draft resolution.
"Reaffirming General Assembly resolution 50/203 of 22 December 1995
on the follow-up of the Fourth World Conference on Women,
"Taking note of the report of the Secretary-General on poverty,
"Recognizing that the eradication of poverty requires the full and
equal participation of women, in particular in the formulation and
implementation of policies that affect them, so as to enable them to
become genuine partners in development,
"Emphasizing that empowering women is a critical factor in the
eradication of poverty, since women constitute the majority of people
living in poverty, and since they contribute to the economy and to
combating poverty through their work at home, in the community and in
the workplace,
"Recognizing that more women than men live in absolute poverty and
the imbalance is on the increase, resulting in their limited access to
income, resources, education, health care, nutrition, shelter and safe
water in all developing countries, in particular African countries and
the least developed countries,
"Bearing in mind that the increasing number of women living in
poverty in developing countries, especially in the rural areas and urban
slums, requires the urgent action of the international community and the
adoption of concrete actions and measures at the national and regional
levels towards the eradication of poverty within the framework of the
Beijing Declaration and Platform for Action, adopted by the Fourth World
Conference on Women,
"Stressing the necessity of promoting and implementing policies to
create a supportive international economic environment, through,
inter alia, alleviation of the external debt burden and the negative
impact of structural adjustment programmes, through mobilization and/or
the provision of new and additional financial resources that are both
adequate and predictable, and by ensuring equitable terms of trade and
increased access of women in developing countries to markets, productive
investments and technologies,
"1. Recognizes the central role that women play in the eradication
of poverty, and recommends their full and equal participation in the
formulation and implementation of policies that affect them so as to
enable them to become genuine partners in development;
"2. Recognizes also that the eradication of poverty is both a
complex and a multidimensional problem and fundamental to reinforcing
equality, peace and development;
"3. Urges all Governments, the United Nations system, including the
Bretton Woods institutions, and civil society to implement the Platform
for Action in its entirety;
"4. Recommends that in order to attain the goals of eradicating the
feminization of poverty as set out in the Platform for Action, the
following actions, inter alia, be undertaken:
"(a) Development and implementation of education, training and
retraining policies for women and girls;
"(b) Promotion and protection of women's rights to full and equal
access to economic resources, including the right to inheritance and to
ownership of land and other property, credit, natural resources and
appropriate technologies;
"(c) Promotion of the participation of women at all levels of
decision-making;
"(d) Mainstreaming of a gender perspective in the design of policies
and programmes for the eradication of poverty;
"(e) Development of national strategies for promoting employment and
self-employment, including entrepreneurial and organizational skills in
order to generate income for women;
"(f) Adoption of policies to ensure that all women have adequate
economic and social protection during unemployment, ill health,
maternity, child-bearing, widowhood, disability and old age;
"(g) Development of gender-based methodologies and conducting of
research to address the contribution of women to the economy, the
feminization of poverty and the economic and social impact of debt and
structural adjustment programmes in all developing countries, in
particular African countries and the least developed countries;
"(h) Reduction, as appropriate, of excessive military expenditures
and investments for arms production and acquisition, consistent with
national security requirements, in order to increase resources for
social and economic development;
"5. Calls for the urgent implementation of the outcome of all other
major United Nations conferences and summits related to the eradication
of poverty;
"6. Calls upon States to undertake commitments 2 and 5 of the
Copenhagen Declaration on Social Development, and calls upon all
relevant international actors to implement promptly the actions for the
eradication of poverty, as contained in the Programme of Action of the
World Summit for Social Development;
"7. Stresses that the United Nations system, including the Bretton
Woods institutions, should play a central role in enhancing financial
and technical support and assistance for developing countries,
particularly African countries and the least developed countries, in
their efforts to achieve the objectives set forth in the Beijing
Declaration and Platform for Action, particularly the goal of the
eradication of the feminization of poverty;
"8. Stresses the importance of using all available funding sources
and mechanisms, with a view to contributing towards the goal of poverty
eradication and targeting women living in poverty;
"9. Invites all countries, the United Nations system, including the
Bretton Woods institutions, other relevant international organizations,
non-governmental organizations, the private sector and all other sectors
to contribute to the implementation of programmes aimed at eradicating
poverty;
"10. Recommends that the Economic and Social Council, when
considering the theme "Coordination of the United Nations system
activities for poverty eradication" at its substantive session for 1996,
ensure that the relevant organs of the United Nations system take fully
into account the gender perspective in their activities for the
eradication of poverty, and requests the Council to recommend to the
General Assembly that the gender dimension of poverty be incorporated
into the plan of action of the first United Nations Decade for the
Eradication of Poverty;
"11. Requests the Secretary-General to report on the implementation
of the present resolution in the framework of the first United Nations
Decade for the Eradication of Poverty;
"12. Also requests the Secretary-General to keep in mind the poverty
dimension in the implementation and review of reports on all other
critical areas of concern set out in the Platform for Action, taking
into consideration the many links between the eradication of poverty and
the other critical areas of concern."
63. At the 16th meeting, on 22 March, the Commission had before it a draft
resolution (E/CN.6/1996/L.14) entitled "Implementation of strategic objectives
and action in the critical area of concern: poverty", submitted by the
Chairperson as the basis for informal consultations. The draft resolution
read as follows:
"The Commission on the Status of Women,
"1st preambular paragraph. Recalling General Assembly resolution
49/110 of 19 December 1994 and other relevant resolutions of the
Assembly related to international cooperation for the eradication of
poverty in developing countries,
"2nd preambular paragraph. Recalling also Assembly resolution
50/107 of 20 December 1995 on the observance of the International Year
for the Eradication of Poverty and proclamation of the first United
Nations Decade for the Eradication of Poverty,
"3rd preambular paragraph. Reaffirming the importance of the
outcome of the Fourth World Conference on Women held in Beijing from 4
to 15 September 1995 as well as all the United Nations major conferences
and summits organized since 1990, in particular the World Summit for
Social Development held in Copenhagen in March 1995, [Placement to be
decided]
"3 bis preambular paragraph. Recognizing that the eradication of
poverty will require the implementation and integration of strategies at
the national and international levels in all the critical areas of
concern in the Platform for Action [including, inter alia, health,
education and human rights],
"4th preambular paragraph. Reaffirming General Assembly resolution
50/203 of 22 December 1995 on the follow-up to the Fourth World
Conference on Women,
"5th preambular paragraph. Taking note of the report of the
Secretary-General on poverty in the follow-up to the Fourth World
Conference on Women and of the discussion that took place on this issue
during the fortieth session of the Commission on the Status of Women,
"5 bis preambular paragraph. Reaffirming General Assembly
resolutions 50/173 of 22 December 1995 on the United Nations Decade for
Human Rights Education, 1995-2004, and 49/184 of 23 December 1994, in
which the Assembly expressed the conviction that each woman, man and
child, to realize their full human potential, must be made aware of all
their human rights - civil, cultural, economic, political and social
[and of the right to development],
"5 ter preambular paragraph. Recognizing that mainstreaming a
gender perspective into all policies and programmes aimed at combating
poverty is crucial, as women constitute the majority of the world's
people living in poverty,
"5 quater preambular paragraph. Recognizing also that the full
implementation of the human rights of women and of the girl child, as an
inalienable, integral and indivisible part of all human rights and
fundamental freedoms, is essential for the advancement of women,
"5 quinquiens preambular paragraph. Recognizing further that the
commitment of Governments is of fundamental importance in combating
poverty and in improving living conditions for women and men,
"6th preambular paragraph. Recognizing further that national and
international efforts to eradicate poverty require full and equal
participation of women in the formulation and implementation of policies
that take fully into account the gender perspective and that empower
women to be full partners in development,
"7th preambular paragraph. Emphasizing that empowering of women is
a critical factor in the eradication of poverty, since women constitute
the majority of people living in poverty and contribute to the economy
and to the combating of poverty through their work at home, in the
community, and in the workplace,
"7 bis preambular paragraph. Recognizing that poverty is a global
problem affecting all countries and that the complexity of poverty,
including the feminization of poverty, requires a wide range of measures
and actions, at the national and the regional level, giving particular
priority to the situation of women living in poverty,
"8th preambular paragraph. Recognizing also that more women than
men live in absolute poverty and that the imbalance is on the increase,
resulting in the limited access of women to income, resources,
education, health care, nutrition, shelter and safe water in all
developing countries, particularly in Africa and in the least developed
countries,
"8 bis preambular paragraph. Recognizing further that a large
number of women in countries with economies in transition are also
affected by poverty,
"9th preambular paragraph. Bearing in mind that the increasing
number of women living in poverty in developing countries, especially in
the rural and urban areas, requires action by the international
community in support of actions and measures at the national and
regional levels towards the eradication of poverty within the framework
of the Beijing Declaration and Platform for Action,
"10th preambular paragraph. Stressing the necessity for promoting
and implementing policies to create a supportive external economic
environment, through, inter alia, cooperation in the formulation and
implementation of macroeconomic policies, trade liberalization,
mobilization and/or the provision of new and additional financial
resources that are both adequate and predictable and mobilized in a way
that maximizes the availability of such resources for sustainable
development, using all available funding sources and mechanisms,
enhanced financial stability and ensuring increased access of developing
countries to global markets, productive investment and technologies, and
appropriate knowledge,
"OP1. Recognizes the central role that women play in the
eradication of poverty, and stresses the need for their full and equal
participation in the formulation and implementation of policies that
take fully into account the gender perspective and that empower women to
be full partners in development;
"OP1 bis. Stresses that the empowerment and autonomy of women and
the improvement of women's social, economic and political status are
essential for the eradication of poverty and that the full and equal
participation of women in decision-making at all levels is an integral
part of the process;
"OP2. Recognizes that the eradication of poverty is both a complex
and a multidimensional issue, and fundamental to promoting equality
between men and women as well as to reinforcing peace and achieving
sustainable development;
"OP2 bis. [Reaffirms that the promotional protection of, and
respect for, all human rights and fundamental freedoms, including the
human rights of women and the right to development, which are universal,
indivisible, interdependent and interrelated, should be mainstreamed
into all policies and programmes aimed at the eradication of poverty,
and reaffirms as well the need to take measures to ensure that every
person is entitled to participate in, to contribute to, and to enjoy
economic, social, cultural and political development;]
"OP2 ter. Stresses that mainstreaming the gender perspective
implies examining the ways in which women and men are affected by
poverty, the different assets they possess to address the question and
their respective contributions and potentials;
"OP2 quater. Also stresses that both mainstreaming and other
positive actions should be regarded as complementary strategies aimed at
elaborating the full release of women's and men's development potential
and at eradicating poverty;
"OP2 quinquiens. Urges all Governments to fulfil their commitments
in the Platform for Action to develop, preferably by the end of 1996,
national implementation strategies or plans of action that should also
focus on the eradication of absolute poverty and the reduction of
overall poverty, with targets, benchmarks for monitoring and proposals
for allocation or reallocation of resources for implementation,
including resources for undertaking gender impact analysis; where
necessary the support of the international community could be enlisted,
including resources;
"OP3. [Urges all Governments, the United Nations system, including
the Bretton Woods institutions, and civil society, to implement the
Platform for Action in its entirety;] [, including undertaking gender
impact analysis;]
"OP4. Emphasizes that, in addition to the commitments and
recommendations regarding the eradication of poverty outlined in the
Programme of Action of the World Summit for Social Development and in
the Platform for Action adopted by the Fourth World Conference on Women,
measures should be undertaken specifically in the context of the
Platform for Action to address the feminization of poverty and to
mainstream a gender perspective in all policies and programmes for the
eradication of poverty, including, inter alia, measures to:
"(a) Develop and implement education, training and retraining
policies for women and girls;
"(b) Undertake legislative and administrative reforms to give women
full and equal access to economic resources, including the right to
inheritance and to ownership of land and other property, credit, natural
resources and appropriate technologies;
"(c) Promote the participation of women at all levels of decision-
making;
"(d) Develop national strategies for promoting employment and self-
employment, including entrepreneurial and organizational skills, in
order to generate income for women;
"(e) Adopt policies to ensure that all women have adequate economic
and social protection during unemployment, ill health, maternity, child-
bearing, widowhood, disability and old age and that women, men and
society share responsibilities for child and other dependant care;
"(e bis) Restructure and target the allocation of public
expenditures to promote women's economic opportunities and equal access
to productive resources and to address the basic social, educational and
health needs of women, particularly those living in poverty;
"(f) Develop gender-based methodologies and conduct research [for
use in designing a more effective policy to recognize and value the full
contribution of women to the economy through all forms of work and
employment and to address the feminization of poverty, in particular the
relationship between unremunerated work and women's vulnerability to
poverty;] [delete: to address the contribution of women to the economy,
the feminization of poverty, and the economic and social impact of debt
and structural adjustment programmes in all developing countries,
particularly in Africa, and in the least developed countries;]
"(f bis) [Analyse, from a gender perspective, macroeconomic and
micro-economic policies, including structural adjustment policies and
programmes and the allocation of public expenditures, which should be
designed and implemented with the full and equal participation of women
so as to avoid negative impacts on women living in poverty;]
"(g) Reduce excessive military expenditures and investments for arms
production and acquisition, as is appropriate and consistent with
national security requirements, in order to increase resources for
social and economic development;
"OP4 bis. Calls for the implementation of the outcome of all other
major United Nations conferences related to the eradication of poverty;
"OP5. Calls upon States to undertake all commitments of the
Copenhagen Declaration on Social Development, taking into account
commitments 2 and 5 and the linkages between them, in their efforts to
eradicate poverty, and also calls upon all relevant actors to implement
promptly the actions and measures for the eradication of poverty, as
contained in the Programme of Action of the World Summit for Social
Development;
"OP5 bis. Stresses the need to fully integrate a gender perspective
into the work of all thematic task forces relating to the eradication of
poverty established by the Administrative Committee on Coordination, as
well as the importance of establishing the proposed inter-agency
committee on the follow-up to the Fourth World Conference on Women;
"OP5 ter. Recommends that a United Nations system-wide effort
should be undertaken to review existing indicators, strengthen gender
impact analysis of the design and implementation of economic reform
programmes, develop complementary, qualitative assessments, and
standardize measures and promote their implementation, and stresses that
this effort will necessitate effective coordination;
"OP5 quater. Also recommends that the secretariats of the United
Nations system, including the Bretton Woods institutions, incorporate a
coherent method of including both the mainstreaming of the gender
perspective and specific gender programmes to achieve equality between
women and men in the operational activities, staffing and decision-
making sphere of the system;
"OP6. Stresses that the United Nations system, including the
Bretton Woods institutions, should play a central role in enhancing
financial and technical support and assistance for developing countries,
particularly African countries and least developed countries, in their
efforts to achieve the objectives of the eradication of poverty and the
full integration of a gender perspective into all policies and
programmes, as set forth in the Beijing Declaration and Platform for
Action, particularly the goal of the eradication of poverty;
"OP6 bis. Recognizes that the implementation of the Platform for
Action in the countries with economies in transition will also require
continued international cooperation and assistance, in support of
national efforts;
"OP7. Stresses the importance of using all available funding
sources and mechanisms with a view to contributing towards the goal of
poverty eradication and targeting of women living in poverty;
"OP7 bis. Calls upon States committed to the initiative of
allocation of 20 per cent of official development assistance and
20 per cent of the national budget to basic social programmes to fully
integrate a gender perspective into its implementation, as called for in
paragraph 16 of General Assembly resolution 50/203;
"OP8. Invites all countries, the United Nations system, including
the Bretton Woods institutions, relevant international organizations,
non-governmental organizations, the private sector, and all other
sectors to contribute to the implementation of programmes aimed at
eradicating poverty;
"OP8 bis. Stresses the need for a coherent and coordinated approach
among all partners in development in the implementation of national
poverty eradication plans or programmes that fully take into account the
gender perspective;
"OP8 ter. Also stresses the need for gender-sensitive training,
with the assistance of United Nations organizations, of those
responsible for the formulation and implementation of development
policies and programmes;
"OP8 quater. Further stresses the important role of
non-governmental organizations as actors involved at the grass-roots
level in the policy dialogue designed to reach women through poverty
eradication programmes and calls for further efforts to identify ways by
which those non-governmental organizations could contribute to the
implementation of such programmes;
"OP9. Recommends that the Economic and Social Council, when
examining the "Coordination of the activities of the United Nations
system for the eradication of poverty" as the theme for the coordination
segment of the substantive session of 1996 of the Council, ensure that
the relevant organs of the United Nations system take fully into account
the gender perspective in their activities for the eradication of
poverty, and, likewise, requests that the Council recommend to the
General Assembly that the gender dimension of poverty be incorporated
into all activities and documentation related to the first United
Nations Decade for the Eradication of Poverty;
"OP9 bis. Stresses the need to fully integrate a gender perspective
into the coordinated follow-up to major United Nations conferences and
summits and recommends that the Economic and Social Council examine, on
a regular basis, the extent to which gender factors have been taken into
account in the recommendations of all the concerned functional
commissions;
"OP10. Requests the Secretary-General to keep in mind the
multidimensional nature of poverty in the implementation and review of
reports on all other critical areas of concern, taking into
consideration the many links between the eradication of poverty and
those other critical areas of concern;
"OP11. Also requests the Secretary-General to report on the
implementation of the present resolution within the framework of his
report on action envisaged to be taken in preparation for the First
United Nations Decade on the Eradication of Poverty."
64. At the same meeting, the observer for Canada, as facilitator of informal
consultations on the topic, informed the Commission of the changes to the
draft resolution agreed upon during informal consultations.
65. The Commission then agreed to waive rule 52 of the rules of procedure of
the functional commissions of the Economic and Social Council and take action
on the draft resolution, as orally revised.
66. Statements were made by the observers for Italy (on behalf of the States
Members of the United Nations that are members of the European Union), who
proposed an amendment to the draft resolution, and Canada.
67. Also at the 16th meeting, the Commission adopted the draft resolution,
as orally revised and amended (see chap. I, sect. C, Commission resolution
40/9).
68. Statements were made by the representatives of the Libyan Arab
Jamahiriya and the Islamic Republic of Iran and the observer for Guatemala.
69. In the light of the adoption of draft resolution E/CN.6/1996/L.14, draft
resolution E/CN.6/1996/L.10 was withdrawn by the sponsors.
Methods of work for dealing with the implementation of
the Platform for Action adopted by the Fourth World
Conference on Women
70. At the 14th meeting, on 21 March, the representative of the Philippines
introduced draft agreed conclusions (E/CN.6/1996/L.12) on methods of work for
dealing with the implementation of the Platform for Action adopted by the
Fourth World Conference on Women, which were submitted by her as coordinator
of the informal consultations held on agenda item 3.
71. At the 15th meeting, on 22 March, the representative of Costa Rica (on
behalf of the States Members of the United Nations that are members of the
Group of 77 and China) made a statement.
72. At the same meeting, the representative of the Philippines orally
revised the draft agreed conclusions as a result of further informal
consultations held by her as coordinator.
73. The representatives of Costa Rica (on behalf of the States Members of
the United Nations that are members of the Group of 77 and China) and Algeria
proposed amendments to the draft agreed conclusions.
74. Statements were made by the representatives of Costa Rica, Mexico and
the Russian Federation and the observer for Canada.
75. The observer for Italy (on behalf of the States Members of the United
Nations that are members of the European Union) proposed an amendment to the
draft agreed conclusions.
76. A statement was made by the representative of Namibia.
77. Also at the 15th meeting, the Commission approved the draft agreed
conclusions, as orally revised and as amended by the observer for Italy, and
agreed to include them in its final report (see chap. I, sect. C, agreed
conclusions 1996/1).
78. The representative of the Russian Federation made a statement.
Follow-up to the Fourth World Conference on Women
79. At the 14th meeting, on 21 March, the representative of the Philippines
introduced a draft resolution (E/CN.6/1996/L.13) entitled "Follow-up to the
Fourth World Conference on Women", which was submitted by her as coordinator
of the informal consultations held on agenda item 3. The draft resolution
read as follows:
"The Economic and Social Council,
"Welcoming the outcome of the Fourth World Conference on Women and
the adoption of its Platform for Action,
"Bearing in mind Economic and Social Council resolutions ll (II) of
21 June 1946 and 48 (IV) of 29 March 1947, by which the Council
established the Commission on the Status of Women and defined its terms
of reference, and 1987/22 of 26 May 1987, by which the Council expanded
the mandate of the Commission,
"Taking into account agreed conclusions 1995/1, approved by the
Council on 28 July 1995, as well as General Assembly resolution 50/203
of 22 December 1995, on the follow-up to the Fourth World Conference on
Women and full implementation of the Beijing Declaration and the
Platform for Action, in which the Assembly invited the Economic and
Social Council to review and strengthen the mandate of the Commission,
I
"Framework for the functioning of the Commission
"Recalling that the Assembly, in resolution 50/203, decided that the
General Assembly, the Economic and Social Council and the Commission on
the Status of Women, in accordance with their respective mandates and
with Assembly resolution 48/162 of 20 December 1993 and other relevant
resolutions, should constitute a three-tiered intergovernmental
mechanism that would play the primary role in the overall policy-making
and follow-up, and in coordinating the implementation and monitoring of
the Platform for Action, reaffirming the need for a coordinated
follow-up to and implementation of the results of major international
conferences in the economic, social and related fields,
"Convinced that the follow-up to the Fourth World Conference on
Women should be undertaken on the basis of an integrated approach to the
advancement of women within the framework of a coordinated follow-up to
and implementation of the results of major international conferences in
the economic, social and related fields, as well as the overall
responsibilities of the General Assembly and the Economic and Social
Council,
"1. Decides that the Commission on the Status of Women shall have a
catalytic role in mainstreaming a gender perspective in policies and
programmes;
"2. Decides that the inter-agency committee on the advancement and
empowerment of women, once established by the Administrative Committee
on Coordination, shall inform the Commission and the Economic and Social
Council of the progress of its work, for the purpose of system-wide
coordination, and that a gender perspective shall also be fully
integrated in the work of all thematic task forces established by the
Administrative Committee on Coordination;
"2 bis. [The United Nations Development Fund for Women and the
International Research and Training Institute for the Advancement of
Women have, in accordance with their respective mandates, a specific
role to play in the implementation of the strategic objectives of the
Platform for Action];
"2 ter. [Urges the Committee on the Elimination of Discrimination
against Women to include in its reports to the General Assembly
information on the implementation of the strategic objectives of the
Platform for Action related to the provisions of the Convention,
pursuant to paragraph 36 of General Assembly resolution 50/203];
"3. Decides, in view of the traditional importance of
non-governmental organizations in the advancement of women, that such
organizations should be encouraged to participate in the work of the
Commission and in the monitoring and implementation process related to
the Conference to the maximum extent possible, and requests the
Secretary-General to make appropriate arrangements to ensure full
utilization of existing channels of communication with non-governmental
organizations in order to facilitate broad-based participation and
dissemination of information;
"3 bis. [Recognizing the valuable contribution of non-governmental
organizations to the Fourth World Conference on Women, the Council and
its Committee on Non-Governmental Organizations will decide to review
the applications of those non-governmental organizations under Council
resolution 1296 (XLIV) as expeditiously as possible and that prior to
the forty-first session of the Commission on the Status of Women, the
Council will decide on the participation of those non-governmental
organizations accredited to the Conference in Conference follow-up and
in the work of the Commission on the Status of Women, without prejudice
to the work of the Open-ended Working Group on the Review of
Arrangements for Consultation with Non-Governmental Organizations];
II
"Terms of reference
"1. Confirms the existing mandate of the Commission on the Status
of Women as set out in its resolutions 11 (II) of 21 June 1946, 48 (IV)
of 29 March 1947 and 1987/22 of 26 May 1987, bearing in mind that the
Platform for Action builds upon the Nairobi Forward-looking Strategies
for the Advancement of Women;
"2. Decides that the Commission on the Status of Women shall assist
the Economic and Social Council in monitoring, reviewing and appraising
progress achieved and problems encountered in the implementation of the
Beijing Declaration and Platform for Action at all levels, and shall
advise the Council thereon;
"3. Decides that the Commission on the Status of Women shall
continue to ensure support for mainstreaming a gender perspective in
United Nations activities and develop further its catalytic role in this
regard in other areas;
"4. Decides further that the Commission on the Status of Women
shall identify issues where United Nations system-wide coordination
needs to be improved in order to assist the Council in its coordination
function;
"5. Decides that the Commission shall identify emerging issues,
trends and new approaches to issues affecting the situation of women or
equality between women and men that require urgent consideration and
make substantive recommendations thereon;
"6. Decides that the Commission shall maintain and enhance public
awareness and support for the implementation of the Platform for Action;
III
"Documentation
"1. Requests that all United Nations documentation be kept concise,
clear, analytical and timely with a focus on relevant issues and in
accordance with Council resolution 1987/24 of 26 May 1987 and Council
agreed conclusions 1995/1 of 28 July 1995; that reports contain
recommendations for action and indicate the actors; that reports be
available in all official languages, in accordance with the rules of the
United Nations; and that other methods of reporting, such as oral
reports, also be explored;
"2. Requests that the relevant reports of the meetings of
inter-agency mechanisms established by the Secretary-General be
transmitted for information to the Commission to ensure coordination,
collaboration and coherence in the implementation of the Platform for
Action;
"3. Decides that requests for reports of the Secretary-General
should be limited to the minimum strictly necessary and that the
Secretariat should use information and data already provided by
Governments to the maximum extent possible, avoiding duplication of
requests to Governments for such information;
"4. Decides further that voluntary submission of national
information, for example national action plans or national reports by
Governments, should be encouraged;
"5. Requests that the following reports be prepared under agenda
item 3 (Follow-up to the Fourth World Conference on Women), bearing in
mind the need to promote integrated reporting:
"(a) Report of the Secretary-General on the measures taken and the
progress achieved in mainstreaming a gender perspective within the
United Nations system (annually);
"(b) Analytical report of the Secretary-General on the thematic
issues before the Commission in accordance with the multi-year work
programme, including, as far as possible, progress made in national
implementation, based on available existing data and statistics
(annually);
"(c) Report on emerging issues under agenda item 3 (b),* as
appropriate, at the request of the Commission or its Bureau;
"(d) Synthesized report on implementation plans of Governments and
the United Nations system, based, inter alia, on national action plans
and any other sources of information already available in the United
Nations system (in 1998);
* See sect. IV, para. 3 below.
"(e) Mid-term review of the system-wide medium-term plan (in 1998);
"(f) Report on the implementation of the Platform for Action, on the
basis of national reports, taking into account the Nairobi
Forward-looking Strategies for the Advancement of Women (in 2000);
IV
"Work programme of the Commission on the
Status of Women
"1. Adopts a multi-year work programme for a focused and thematic
approach, culminating in a quinquennial review and appraisal of the
Platform for Action of the Fourth World Conference on Women; the work
programme, inter alia, will provide a framework to assess the progress
achieved in the implementation of the Platform for Action and will be in
line with the coordinated follow-up to conferences;
"2. Decides that the work of the Commission in relation to the
programme of work shall be closely related to the relevant provisions of
the Platform for Action, with a view to ensuring the effective
implementation of the Platform for Action;
"3. Decides that the agenda for the Commission shall consist of the
following:
"1. Election of officers.
"2. Adoption of the agenda and other organizational matters.
"3. Follow-up to the Fourth World Conference on Women:
"(a) Review of mainstreaming in organizations of the United
Nations system;
"(b) Emerging issues, trends and new approaches to issues
affecting the situation of women or equality between women
and men;
"(c) Implementation of strategic objectives and action in the
critical areas of concern.
"4. Communications concerning the status of women.
"5. The Convention on the Elimination of All Forms of
Discrimination against Women, including the elaboration of a
draft optional protocol to the Convention.
"6. Provisional agenda for the forty-second session of the
Commission.
"7. Adoption of the report of the Commission on its forty-first
session.
"4. Decides, in the light of the need for a focused and thematic
multi-year work programme on the critical areas of concern and bearing
in mind that the critical areas of concern are interrelated and
interdependent, on the following calendar:
"1997 Education and training of women (Platform for Action,
chapter IV.B)
Women and the economy (Platform for Action, chapter IV.F)
Women in power and decision-making (Platform for Action,
chapter IV.G)
Women and the environment (Platform for Action,
chapter IV.K)
"1998 Violence against women (Platform for Action, chapter IV.D)
Women and armed conflict (Platform for Action,
chapter IV.E)
Human rights of women (Platform for Action, chapter IV.I)
The girl child (Platform for Action, chapter IV.L)
"1999 Women and health (Platform for Action, chapter IV.C)
Institutional mechanisms for the advancement of women
(Platform for Action, chapter IV.H)
Initiation of the comprehensive review and appraisal of
the implementation of the Platform for Action
"2000 Comprehensive quinquennial review and appraisal of the
implementation of the Platform for Action
Emerging issues
V
"Regional [dimension]
"Recalling the important role played by regional preparatory
conferences in the preparations for the Fourth World Conference on Women
and that plans and programmes of action were adopted that served as
essential inputs to the Beijing Declaration and Platform for Action,
"1. Recommends that the regional follow-up and monitoring of the
regional platforms and programmes of action should be utilized as inputs
for the review and appraisal of the Beijing Declaration and Platform for
Action;
"2. Recommends further that the Council [should] consider how best
to integrate the inputs of regional commissions into the overall
monitoring and follow-up to the Platform for Action."
80. At the 15th meeting, on 22 March, the representative of the Philippines
read out revisions to the draft resolution as a result of further informal
consultations held by her as coordinator.
81. At the same meeting, statements were made by the representatives of the
Russian Federation, Costa Rica (on behalf of the States Members of the United
Nations that are members of the Group of 77 and China), the Philippines and
Bulgaria and the observer for Italy (on behalf of the States Members of the
United Nations that are members of the European Union).
82. The Commission then adopted draft resolution E/CN.6/1996/L.13, as orally
revised (see chap. I, sect. A, draft resolution II, and chap. I, sect. B,
draft decision II).
Comments on the proposed system-wide medium-term plan for the
advancement of women, 1996-2001
83. At the 15th meeting, on 22 March, the observer for Italy, on behalf of
the States Members of the United Nations that are members of the European
Union, introduced a draft resolution (E/CN.6/1996/L.15) entitled "Comments on
the proposed system-wide medium-term plan for the advancement of women,
1996-2001", which read as follows:
"The Commission on the Status of Women,
"Recalling Economic and Social Council resolution 1985/46, in which
the Council requested the formulation of a system-wide medium-term plan
for women and development, and the resulting Plan, as endorsed by the
Council in its resolution 1987/86,
"Also recalling Council resolution 1988/59, in which the Council
requested the Secretary-General to initiate the formulation of a system-
wide medium-term plan for the advancement of women for the period
1996-2001,
"Noting that the Commission had before it at its thirty-seventh
session a draft system-wide medium-term plan for the advancement of
women, 1996-2001, and that in its resolution 1993/16, the Council
adopted the proposal of the Commission on the Status of Women to invite
the Secretary-General to revise the draft plan after the Beijing
Platform for Action and the second review and appraisal of the Nairobi
Forward-looking Strategies for the Advancement of Women had been
formulated and adopted by the Fourth World Conference on Women,
"Recognizing the role of the Council in overseeing system-wide
coordination in the implementation of the Platform for Action,
"Recalling that Governments have the primary responsibility for
implementing the Platform for Action,
"Further recalling that the Platform for Action needs to be
implemented through the work of all of the organizations and bodies of
the United Nations system as an integral part of system-wide
programming,
"Recognizing that the Platform for Action calls upon the specialized
agencies and other organizations of the United Nations system to
strengthen their support for actions at the national level and to
enhance their contributions to coordinated follow-up by the United
Nations, by setting out the specific actions that they will undertake,
including goals and targets for realigning priorities and redirecting
resources to meet the global priorities identified in the Platform for
Action, with a clear delineation of responsibility and accountability,
all of which should be reflected in the system-wide medium-term plan for
the advancement of women, 1996-2001, and stressing in this connection
the need for appropriate mechanisms for coordination and cooperation,
"Aware that the Platform for Action stresses that the responsibility
for ensuring its implementation and the integration of a gender
perspective into all policies and programmes of the United Nations
system must rest at the highest levels,
"Also aware that the Platform for Action recommends that the Council
consider dedicating at least one coordination segment before the year
2000 to coordination of the advancement of women, based on the revised
system-wide medium-term plan for the advancement of women,
"Further aware that the Platform for Action recommends that the
Council consider dedicating at least one operational activities segment
before the year 2000 to the consideration of development activities
related to gender, based on the revised system-wide medium-term plan for
the advancement of women, with a view to instituting guidelines and
procedures for implementation of the Platform for Action by the funds
and programmes of the United Nations system,
"Mindful that the Platform for Action requests the Secretary-General
to assume responsibility for the coordination of policy within the
United Nations for the implementation of the Platform for Action and for
mainstreaming a system-wide gender perspective in all activities of the
United Nations,
"1. Stresses that the system-wide medium-term plan for the
advancement of women, 1996-2001 should be an effective instrument for
promoting the coordinated implementation of the Beijing Platform for
Action;
"2. Takes note with appreciation of the revised draft plan prepared
by the Ad Hoc Inter-agency Meeting on Women;
"3. Recommends the adoption of the revised draft plan by the
Economic and Social Council, taking into account the comments of the
Commission contained in the annex to the present resolution;
"4. Emphasizes the importance of a coherent approach and of the
strategic orientation/focus of the United Nations system spelt out under
each critical area of concern;
"5. Stresses the importance of institutional follow-up, as well as
gender mainstreaming and capacity-building;
"6. Recommends that the system-wide medium-term plan for the
advancement of women, 1996-2001 serve to orient the policy of the United
Nations Secretariat and as a monitoring and coordination tool for
system-wide progress in implementing actions under each critical area of
concern in the Platform for Action;
"7. Stresses the importance of involving all parts of the United
Nations in the implementation of the Platform for Action, including the
decision-making level;
"8. Invites the United Nations bodies that meet under the auspices
of the Administrative Committee on Coordination to regularly discuss
progress made in implementing activities under each area of critical
concern, in keeping with the long-term programme of work of the
Commission on the Status of Women and the Economic and Social Council,
and to provide up-to-date information in those areas to the Council
through the Commission, taking into consideration the comments made on
the plan by the Commission and other relevant bodies;
"9. Recommends that the Council, through the Commission, undertake
a comprehensive mid-term review of the implementation of the plan as a
basis for future programming and coordination of activities for the
advancement and empowerment of women by the United Nations system,
including a review of progress in mainstreaming a gender perspective in
all activities of the United Nations system;
"10. Invites the Secretary-General to submit to the Council for its
consideration of the draft plan the comments of the Committee for
Programme and Coordination and the Administrative Committee on
Coordination, along with the comments of the Commission;
"11. Recommends that the Administrative Committee on Coordination
and the proposed Inter-Agency Committee on Advancement and Employment of
Women use the plan and comments on it as a basis for monitoring
increasing collaboration and cost-effective approaches to United Nations
system activities for the advancement and empowerment of women,
including the assessment of the need for the preparation of guidelines
on methods for mainstreaming a gender perspective in all United Nations
activities, ensuring accountability and carrying out impact analyses of
gender-aware programmes and policies;
"12. Recommends that the Council request the Secretary-General to
submit to it, through the Commission at its forty-second session, a
progress report on the implementation of the plan;
"13. Requests the Secretary-General to ensure the mainstreaming of a
system-wide gender perspective in all United Nations activities,
including in decision-making as part of the accountability of senior
managers;
"14. Urges the Secretary-General to implement the decision taken by
the General Assembly at its fiftieth session to strengthen the capacity
of the Division on the Advancement of Women of the United Nations
Secretariat, and emphasizes the need to provide the necessary resources
for the comprehensive follow-up of the Platform for Action in the
current revision of the programme budget for the biennium;
"15. Recommends that the Council request the formulation of a new
system-wide medium-term plan for the advancement of women to cover the
period 2002-2005, and that the Secretary-General, in his capacity as
Chairman of the Administrative Committee on Coordination, submit the new
draft plan to the Council at its substantive session of 2000 in order to
influence the medium-term plans of the individual organizations of the
United Nations system.
"Annex
"COMMENTS OF THE COMMISSION ON THE STATUS OF WOMEN ON THE
PROPOSED SYSTEM-WIDE MEDIUM-TERM PLAN FOR THE ADVANCEMENT
OF WOMEN, 1996-2001
"I. GENERAL COMMENTS
"1. The system-wide medium-term plan for the advancement of women,
1996-2001 needs to be more than a compilation of what the
organizations of the United Nations system are doing.
"2. The concept of visible mainstreaming should be better reflected in
the indicative planning of the system.
"3. The list of actors under different critical areas of concern should
not be exclusive.
"4. More emphasis is needed on "policy formulation and guidance", as a
bridge between research and analysis, function and operational
training.
"5. The United Nations Secretariat as a whole should undertake
activities in the critical areas of concern - not only those
entities that have a specific mandate on the advancement of women
and the operational agencies. Certain entities of the Secretariat,
such as the Executive Office of the Secretary-General, the
Department of Political Affairs, the Department for Policy
Coordination and Sustainable Development, the Office of Legal
Affairs and the Department of Humanitarian Affairs, are not included
in these activities. As another example, the Joint and Co-sponsored
United Nations Programme on Human Immunodeficiency Virus/Acquired
Immunodeficiency Syndrome needs to be better reflected in the
system-wide medium-term plan.
"6. A more strategic orientation on the mainstreaming of a gender
perspective within the work of the United Nations is needed.
"II. SPECIFIC COMMENTS
"A. Women and poverty
"1. More emphasis should be placed on the need for joint efforts by the
United Nations system as regards the use of gender-disaggregated
data and the development of indicators to monitor trends in poverty
from a gender perspective.
"2. Insufficient attention is given to an understanding of the
underlying causes of poverty.
* The proposed system-wide medium-term plan for the advancement of
women, 1996-2001 was before the Commission in document E/CN.6/1996/CRP.2.
"3. The integration of a gender dimension in the design and
implementation of both macroeconomic and micro-economic policies,
including structural adjustment programmes, is crucial. The
system-wide medium-term plan highlights this as regards both
research/analysis and operational activities. It is surprising,
however, that no reference is made to the role of the World Bank in
paragraph 29 or to United Nations funds and programmes (the United
Nations Development Programme, the United Nations Children's Fund
and the United Nations Population Fund).
"4. There is the need for all United Nations bodies to be involved in
development cooperation activities to mainstream a gender
perspective into all their policies and programmes. This would
imply the integration of gender analysis and the development of
gender expertise both at Headquarters and in the field.
"5. The reference to 'family life education' is rather unclear. The
need to integrate education on reproductive and sexual health,
including family planning, into all population and development
programmes should be addressed.
"B. Education and training of women
"6. Action within the United Nations Secretariat should include
analysis and monitoring of data, policy development and
coordination of action by various parts of the United Nations.
Currently action is limited almost exclusively to United Nations
agencies. There are limited references to the Division for the
Advancement of Women of the Department for Policy Coordination and
Sustainable Development and the Department of Public Information.
"7. The United Nations system should consider how to integrate life-
long education and training throughout the activities of the system
and promote similar action at the national level. Appropriate
support mechanisms for teaching in difficult, especially violent,
situations should be established.
"8. Data collection and research should include wider activities of the
Department for Economic and Social Information and Policy Analysis.
"9. Data collection should focus on data not currently available.
Existing data may need to be presented in a different format to be
useful to relevant committees but duplication of data collection
should be avoided.
"10. Measures that encourage the participation of girls and women in
science and technology in primary, secondary and further education
should be included.
"C. Women and health
"11. This section should reflect accurately the terminology from the
International Conference on Population and Development and the
Fourth World Conference on Women, that is sexual and reproductive
health and sexual rights instead of health and family planning.
"12. All parts of the Platform for Action need to be implemented at all
levels.
"13. All relevant actors throughout the United Nations, including the
Department for Economic and Social Information and Policy Analysis,
the United Nations Population Fund and the Centre for Human Rights
need to be involved.
"14. The role of caregivers should be included. Activities with respect
to HIV/AIDS are welcomed, but the heavy burden of care that is
often placed on caregivers, in particular women, needs to be
addressed.
"15. The general comments need to avoid duplication of activity; it
should be recognized, however, that more than one actor will have
an interest in each area.
"16. The involvement of men needs to be further addressed, as does the
encouragement of men and women to take responsibility for their
sexual and reproductive behaviour.
"17. The Centre for Human Rights should highlight the implications of
sexual rights as a human rights issue.
"D. Violence against women
"18. Actions contained in the system-wide medium-term plan in relation
to strategic objective D.3 (Eliminate trafficking in women and
assist victims of violence due to prostitution and trafficking) of
the Platform for Action are very limited, as is the list of
organizations involved.
"E. Women and armed conflict
"19. The focus under this critical area of concern should be on actions
to be taken by the United Nations system in order to protect women
who are victims or who are at risk of becoming victims, of armed
conflict from violence and abuse.
"20. Measures to raise awareness of women's rights in armed conflict,
and in the training of police, military personnel, health workers,
teachers, managers of camps for refugee/displaced persons and so
forth should be further elaborated.
"21. Measures to promote the more active participation of women in
conflict resolution need to be addressed. In so doing, however,
the system-wide medium-term plan should not assume - as the text
now does - that there is a main difference between women's and
men's attitudes to peace, security and conflict solution.
"F. Women and the economy
"22. In relation to the care of children and dependants and the sharing
of family responsibilities, child care and dependant care need to
be provided as integral parts of the concept of gender equality and
gender analysis, and ILO Convention No. 156 needs to be promoted.
"23. In operational activities, there should be a greater commitment to
the provision of care of children and dependants.
"24. The work on indicators should be better coordinated. The World
Bank should also be associated with the analysis of data on
globalization and change in international work patterns.
"25. Under operational activities, there should be a clearer reference
to United Nations system assistance to Governments in implementing
policies to ensure women equal rights with men to economic
resources; this should include access to ownership and control over
land and other forms of property, credit, inheritance, natural
resources and new technologies.
"26. As regards women in the rural sector, as reflected in
paragraphs 137 and 138 of the system-wide medium-term plan, there
should be more emphasis on the concepts contained in the Platform
for Action, in particular paragraph 166 (c) thereof.
"G. Women in power and decision-making
"27. The expression 'parity' is not used in the Platform for Action and
should not be used in the system-wide medium-term plan.
"28. Decision-making is a cross-cutting theme throughout the Platform
for Action and should be addressed at all levels.
"29. The linkage between the productive and reproductive roles of women
should be stressed.
"30. Activities within the United Nations Secretariat in this area of
concern need to be strengthened.
"31. The United Nations Statistics Division should collect and publicize
statistics (in a yearly publication) on the number of women and men
throughout the United Nations system at all levels.
"32. Research on men's representation in fields where they are
underrepresented should be stressed.
"33. Dialogue with and the participation of local communities and civil
society needs to be strengthened in development activities.
"H. Institutional mechanisms for the advancement of women
"34. The United Nations system should take into account that the main
task of national machineries for the advancement of women is to
support government-wide mainstreaming of a gender perspective in
all policy areas, and that Governments should create or strengthen
national machineries and other governmental bodies for the
advancement of women.
"35. Providing technical assistance and support to Governments on how to
strengthen institutional capacities for the advancement of women
requires a broader range of actions to be considered than those
reflected in the system-wide medium-term plan, which focus
particularly on the collection, use and dissemination of data.
Including gender capacity-building elements in national plans and
development strategies, as well as in supportive efforts provided
by international cooperation, should be considered.
"I. Human rights of women
"36. It should be stressed that this is the priority objective of the
United Nations.
"37. The United Nations should develop a comprehensive policy programme
for mainstreaming the human rights of women throughout the United
Nations system emphasizing the strengthening of the cooperation and
coordination between different entities of the United Nations in
the promotion and protection of the human rights of women.
"38. Reference to sexual and reproductive rights should be included.
"39. Integration of human rights in all activities of the United Nations
should be emphasized.
"J. Women and the media
"40. This section should be updated in the light of the Platform for
Action and the Programme of Action of the World Summit for Social
Development.
"41. The activities of all parts of the United Nations Secretariat
should be reflected, not just those of the Division for the
Advancement of Women and the Department of Public Information. A
gender element is needed in all programmes.
"42. Emphasis should be placed on the ability to communicate in order to
get the mainstreaming message across.
"43. Public information and outreach should be undertaken by all parts
of the United Nations system. Mainstreaming a gender perspective
into all publications is essential. The role of women in political
activity, as well as in the social and economic activity in the
United Nations system is important. Not only should agencies that
have traditionally had a role in this critical area of concern
undertake activities, but also others should get more involved in
the future.
"K. Women and the environment
"44. In the indication of areas of research, more emphasis should be
given to the issues identified in paragraph 258 (b) of the Platform
for Action.
"45. The work on indicators should be integrated with the work initiated
under the aegis of the Commission on Sustainable Development.
"L. The girl child
"46. Educating the girl child about rights guaranteed to her under
international human rights should be given more importance.
"47. Health should be emphasized, including reproductive and sexual
health and information on human immunodeficiency virus/acquired
immunodeficiency syndrome.
"M. Institutional arrangements
"48. More attention should be given to measures to promote mainstreaming
of a gender perspective into all policies and programmes of the
United Nations.
"49. Clarification has to be sought on progress regarding innovative
mobilization of resources.
"50. Experiences from bilateral cooperation should be taken into account
by indicating best practices and the importance of policy dialogue
and country strategies.
"51. The role of the Economic and Social Council and the importance of
coordinated follow-up of all major United Nations conferences
should be further highlighted."
84. At the 16th meeting, on 22 March, the representative of the Philippines,
as coordinator of the informal consultations held on agenda item 3, read out
the changes to the draft resolution agreed upon during informal consultations.
85. At the same meeting, the Commission agreed to waive rule 52 of the rules
of procedure of the functional commissions of the Economic and Social Council
and take action on the draft resolution, as orally revised.
86. Also at the same meeting, statements were made by the representatives of
Costa Rica (on behalf of the States Members of the United Nations that are
members of the Group of 77 and China), Indonesia, who also proposed an
amendment to the draft resolution, the Sudan and the Islamic Republic of Iran
and the observers for Italy (on behalf of the States Members of the United
Nations that are members of the European Union), Ghana, Egypt, the Syrian Arab
Republic, Morocco and Canada.
87. The Commission then adopted the draft resolution, as orally revised and
amended (see chap. I, sect. C, Commission resolution 40/10).
88. After the draft resolution was adopted, the representative of the Sudan
made a statement.
Women and the media
89. At the 16th meeting, on 22 March, the Commission had before it draft
agreed conclusions (E/CN.6/1996/L.16) on women and the media, submitted by the
Vice-Chairperson, Ljudmila Boskova (Bulgaria), as coordinator of the informal
consultations held on the topic.
90. The observer for Canada proposed an amendment to the draft agreed
conclusions.
91. At the same meeting, the Commission approved the draft agreed
conclusions, as orally amended, and agreed to include them in its final report
(see chap. I, sect. C, agreed conclusions 1996/2).
Child and dependant care, including sharing of
work and family responsibilities
92. At the 16th meeting, on 22 March, the Commission had before it draft
agreed conclusions (E/CN.6/1996/L.17) on child and dependant care, including
sharing of responsibilities between men and women, submitted by the
Chairperson on the basis of the informal consultations held on the topic.
93. At the same meeting, the Commission agreed to waive rule 52 of the rules
of procedure of the functional commissions of the Economic and Social Council
and take action on the draft agreed conclusions.
94. Statements were then made by the representative of Costa Rica (on behalf
of the States Members of the United Nations that are members of the Group of
77 and China) and the observer for Italy (on behalf of the States Members of
the United Nations that are members of the European Union).
95. Also at the 16th meeting, the Commission approved the draft agreed
conclusions and agreed to include them in its final report (see chap. I,
sect. C, agreed conclusions 1996/3).
Reports relating to follow-up to the Fourth World
Conference on Women
96. At the 16th meeting, on 22 March, the Commission took note of the
reports relating to follow-up to the Fourth World Conference on Women (see
chap. I, sect. C, Commission decision 40/101).
Chapter III
COMMUNICATIONS CONCERNING THE STATUS OF WOMEN
1. The Commission considered item 4 of its agenda at the 1st meeting, on
11 March, and at the 13th meeting (a closed meeting), on 21 March 1996.
2. At the 1st meeting, on 11 March, pursuant to Economic and Social Council
resolution 1983/27, the Commission established a working group to consider
communications regarding the status of women. The following five members,
nominated by their regional groups, were appointed: Sabria Boukadoum
(Algeria), Fadi Karam (Lebanon); Monica Martinez (Ecuador); Zuzana Jezerska
(Slovakia); and Sharon Kotok (United States of America). Subsequently, Ana
Isabel Garci'a (Costa Rica) was appointed to replace Monica Martinez
(Ecuador), who was unable to complete her term. The Working Group on
Communications on the Status of Women held four meetings.
ACTION TAKEN BY THE COMMISSION
Report of the Working Group on Communications on the
Status of Women
3. At the 13th meeting (a closed meeting), on 21 March, the Commission
considered the report of the Working Group on Communications on the Status of
Women (E/CN.6/1996/CRP.4).
4. At the same meeting, the Commission adopted the report of the Working
Group, as amended during the discussion, and agreed to include it in the
report of the Commission. The report of the Working Group read as follows:
"1. The Working Group on Communications on the Status of Women was
guided in its deliberations by the mandate given in Economic and Social
Council resolution 1983/27 of 26 May 1983.
"2. The Working Group considered the confidential list of communications
concerning the status of women (E/CN.6/1996/SW/COMM.LIST/30 and Add.1
and Add.2) and the non-confidential list of communications concerning
the status of women (E/CN.6/1996/CRP.32).
"3. The Working Group took note of the three confidential communications
received directly by the Division for the Advancement of Women of the
United Nations Secretariat, as well as of the 16 communications taken
from the confidential list of communications received from the Centre
for Human Rights of the United Nations Office at Geneva. It also took
note of the non-confidential list of communications on the basis of a
summary prepared by the Secretariat.
"4. Regarding the confidential communications received directly by the
Division, the Working Group noted some specific trends in the alleged
cases of discrimination and/or violation of human rights of women,
namely violations of the rights of freedom of expression and of
movement; and discrimination in the right to citizenship.
"5. The Working Group also considered the communications received from
the Centre for Human Rights and noted the allegations of forced abortion
and other violations of women's human rights in situations of war and
armed conflict, such as the systematic practice of rape and abuse as a
tactic of war; rape, sexual molestation and torture by security and
armed forces; and rape, torture and murder in detention. The Working
Group also took note of alleged cases of discriminatory treatment of
female babies and rape and abuse of migrant women workers.
"6. From the summary of non-confidential communications, the Working
Group took note of alleged cases of violence against women; and noted
the lack of women in decision-making, particularly as regards war and
conflict resolution. The Working Group also took note of communications
relating to the right to inheritance and ownership of land and property.
"7. Having considered the above-mentioned communications, the Working
Group noted that some recurring trends could be clearly identified,
namely different forms of violence against women and violation of their
human rights, particularly in situations of armed conflict and war.
"8. The Working Group expressed appreciation to the Governments for
having sent in replies conducive to the clarification of the respective
cases; it noted, however, that some Governments had not replied and
suggested that the Commission encourage all Governments concerned to
cooperate in order to make the communications mechanism more effective.
"9. The Working Group emphasized that the communications procedure of
the Commission on the Status of Women was not sufficient and, therefore,
not effective. In that regard, the Working Group recommended that the
Commission's communications procedure be further improved."
Chapter IV
ELABORATION OF A DRAFT OPTIONAL PROTOCOL TO THE CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
1. The Commission considered item 5 of its agenda at the 2nd, 4th, 7th,
14th and 16th meetings, on 11, 12, 14, 21 and 22 March 1996. It had before it
the report of the Secretary-General on the elaboration of a draft optional
protocol to the Convention on the Elimination of All Forms of Discrimination
against Women (E/CN.6/1996/10 and Corr.1 and Add.1 and 2).
ACTION TAKEN BY THE COMMISSION
Elaboration of a draft optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women
2. At the 14th meeting, on 21 March, the Chairperson of the Open-ended
Working Group on the Elaboration of a Draft Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women,
Aloisia Wo"rgetter (Austria), introduced and orally revised a draft resolution
(E/CN.6/1996/L.11) entitled "Elaboration of a draft optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women",
the annex to which contained a draft decision on the renewal of the mandate of
the Working Group, recommended for adoption by the Economic and Social
Council.
3. At the 16th meeting, on 22 March, the Secretary of the Commission read
out the following statement with regard to the programme budget implications
of the draft resolution:
"In adopting the programme budget for the biennium 1996-1997, the
General Assembly decided that savings of $103.9 million were to be
achieved in the programme budget during the biennium. Under the
circumstances, it is not possible at this stage to modify the calendar
of conferences in order to accommodate the additional meetings in 1997
for the Open-ended Working Group on the Elaboration of a Draft Optional
Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, the full cost of which is estimated at
$161,000. The possibility of additional meetings will be reviewed at
the fifty-first session of the General Assembly."
4. At the same meeting, the observer for the United Kingdom of Great
Britain and Northern Ireland made a statement, which was responded to by the
Chairperson of the Working Group.
5. Also at the 16th meeting, the Commission adopted the draft resolution,
as orally revised (see chap. I, sect. C, Commission resolution 40/8), and the
draft decision annexed thereto (see chap. I, sect. B, draft decision I).
6. The observer for the United Kingdom of Great Britain and Northern
Ireland made a statement.
Report of the Open-ended Working Group on the Elaboration
of a Draft Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women
7. At the 16th meeting, on 22 March, the Commission had before it the draft
report of the Open-ended Working Group on the Elaboration of a Draft Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women (E/CN.6/1996/WG/L.1 and Add.1), submitted by the Chairperson of
the Working Group, Ms. Wo"rgetter (Austria), who orally revised it.
8. At the same meeting, the Commission adopted the draft report of the
Working Group, as orally revised, and agreed to annex it to the final report
of the Commission (see annex III below).
9. The observer for Sweden made a statement.
Chapter V
PROVISIONAL AGENDA FOR THE FORTY-FIRST SESSION OF THE
COMMISSION
1. The Commission considered item 6 of its agenda at the 14th to 16th
meetings, on 21 and 22 March 1996 (for the discussion, see chap. II,
paras. 79-81).
2. At the 16th meeting, on 22 March, the Commission agreed that, in the
light of the adoption of draft resolution E/CN.6/1996/L.13 (see chap. II,
para. 82), which contained, inter alia, a multi-year work programme for the
Commission and an agenda for the forthcoming session, no further action was
required under agenda item 6.
Chapter VI
ADOPTION OF THE REPORT OF THE COMMISSION ON ITS
FORTIETH SESSION
1. At the 16th meeting, on 22 March 1996, the Rapporteur introduced the
draft report of the Commission on its fortieth session (E/CN.6/1996/L.2 and
Add.1), and orally corrected it.
2. At the same meeting, the Commission adopted the draft report, as orally
corrected, and entrusted the Rapporteur with its completion.
Chapter VII
ORGANIZATION OF THE SESSION
A. Opening and duration of the session
1. The Commission on the Status of Women held its fortieth session at
United Nations Headquarters from 11 to 22 March 1996. The Commission held
16 meetings (1st to 16th). In accordance with Economic and Social Council
resolution 1995/29, a number of informal meetings of an open-ended working
group on the elaboration of a draft optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women were also held.
2. The session was opened by the Chairperson of the thirty-ninth session,
Patricia Licuanan (Philippines), who also made a statement.
B. Attendance
3. The session was attended by representatives of the 45 States members of
the Commission. Observers for other States Members of the United Nations and
for non-member States, representatives of organizations of the United Nations
system and observers for intergovernmental, non-governmental and other
organizations also attended. A list of participants is contained in annex I
to the present report.
C. Election of officers
4. At the 1st and 2nd meetings, on 11 March, the Commission elected the
following officers by acclamation:
Chairperson: Sharon Brennen-Haylock (Bahamas)
Vice-Chairpersons: Ljudmila Boskova (Bulgaria)
Rafika Khouini (Tunisia)
Karin Stoltenberg (Norway)
Rapporteur: Sweeya Santipitaks (Thailand)
D. Agenda and organization of work
5. At the 1st meeting, on 11 March, the Commission adopted its provisional
agenda and approved its organization of work, as contained in document
E/CN.6/1996/1. The provisional agenda read as follows:
1. Election of officers.
2. Adoption of the agenda and other organizational matters.
3. Follow-up to the Fourth World Conference on Women:
(a) Mandate, methods of work and multi-year work programme of the
Commission on the Status of Women;
(b) Review of mainstreaming in organizations of the United Nations
system;
(c) Implementation of strategic objectives and action in the
critical areas of concern:
(i) Poverty;
(ii) Women and the media;
(iii) Child and dependant care, including sharing of
responsibilities between men and women.
4. Communications concerning the status of women.
5. Elaboration of a draft optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women.
6. Provisional agenda for the forty-first session of the Commission.
7. Adoption of the report of the Commission on its fortieth session.
6. At the 2nd meeting, on 11 March, the Vice-Chairperson of the Commission,
Karin Stoltenberg (Norway), was appointed Chairperson of the Open-ended
Working Group on the Elaboration of a Draft Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women,
established in accordance with Economic and Social Council resolution 1995/29.
Ms. Stoltenberg was subsequently succeeded as Chairperson of the Working Group
by Aloisia Wo"rgetter (Austria).
E. Consultations with non-governmental organizations
7. Written statements submitted by non-governmental organizations in
accordance with rule 76 of the rules of procedure of the functional
commissions of the Economic and Social Council (E/5975/Rev.1) are listed in
annex II to the present report.
Annex I
ATTENDANCE
Members
Algeria Ramtane Lamamra, Sabria Boukadoum, Amina Mesdoua
Angola
Australia Elaine McKay, Dianne Hariot, Stephen Lloyd,
Shirley Lithgow, Kathy Wong, Jane Connors, Jo Wainer
Austria Ernst Sucharipa, Aloisia Wo"rgetter, Brigitte Brenner,
Ingrid Siess, Irene Freudenschuss-Reichl
Bahamas Harcourt L. Turnquest, Sharon Brennen-Haylock,
Cora Bain-Colebrooke, Allison Christie
Belarus Nataliya Drozd, Igar Gubarevich
Belgium Alex Reyn, Dirk Wouters, Lily Boeykens, Nathalie Cassiers
Brazil Marcela M. Nicodemos
Bulgaria Ludmila Bojkova, Valentin Hadjiyski
Chile
China Wang Shuxian, Wang Xuexian, Zhang Fengkun, Zou Xiaoqiao,
Liu Zhixian, Du Yong, Shi Weiqiang, Xie Bohua, Li Sangu,
Huang Shu
Colombia
Congo Marie-The're`se Avemeka, Daniel Abibi, Corneille E. Moka,
Marguerite Tchimbakala, Gise`le Bouanga Kalou
Costa Rica Fernando Berrocal Soto, Emilia Castro de Barish,
Liliana Herna'ndez Valverde, Ana Isabel Garci'a
Cuba Yolanda Ferrer Go'mez, Magalys Arocha Domi'nguez,
Ritz M. Pereira Rami'rez, Rodolfo Reyes Rodri'guez,
Margarita Valle Camino
Cyprus Erato Kozakou-Marcoulli
Dominican Republic
Ecuador Monica Martinez
France Claire Aubin, Caroline Mechin, Danie`le Refuveille,
Sylvie Crouzier, Laurent Contini, Fre'de'ric Desagneaux
Greece Anna Frangoudaki
Guinea Camara Hadja Mahawa Bangoura, Coumbassa Hadj Hawaou
Diallo, Mafoula Sylla, Fatoumata Diaraye Diaby,
Aissatou Pore'ko Diallo, Balla Moussa Camara
Guinea-Bissau
India Prakash Shah, Sarala Gopalan, Mitra Vasisht, A. K. Sinha,
G. Mukhopadhaya, S. Rama Rao
Indonesia Rini Soerojo, Isslamet Poernomo, Sri Tadjudin,
Mubyarto Martodinoto, Sutjiptohardjo Donokusumo,
Wiwiek Setyawati, R. A. Esti Andayani, Riyadi Asirdin
Iran, Islamic Mehdi Danesh Yazdi, Gholam Hossein Dehghani,
Republic of Farideh Hassani, Afsaneh Nadipour
Japan Makiko Sakai, Fumiko Saiga, Ahniwa Natori, Eiko Nakamura,
Fumiko Suzuki, Junko Uchino, Mitsuko Ito, Jiro Usui,
Kayo Fujita, Michiko Iino, Kiyoko Kani, Mika Ichihara
Kenya
Lebanon Samir Moubarak, Fadi Karam
Libyan Arab Asmahan Salem Eddib, Jamaleddin A. Hamida
Jamahiriya
Malaysia
Mali
Mexico Ai'da Gonza'lez Marti'nez, Yanerit Morgan,
Socorro Flores Liera
Namibia Netumbo Nandi-Ndaitwah, Maria Kapere, Silba Tjipueja,
Hazel de Wet, Frances Matros
Norway Karin Stoltenberg, Sissel Salomon, Marianne Loe,
Sten Arne Rosnes, Anne Havnþr, Guro Camerer,
Else Annette Grannes, Turid Leirvoll
Philippines Patricia B. Licuanan, Maria Lourdes V. Ramiro-Lopez,
Ruth S. Limjuco, Imelda Nicolas, Myrna Feliciano,
Aurora Javate De Dios, Glen Corpin, Eleonor Conda
Portugal
Republic of Kim Jang-Sook, Hahm Myung Chul, Hwang In-Ja, Lee Kwang
Jae,
Korea Park Bok Soon, Park Enna, Oh Huun-Joo, Lee Jeong-Shim,
Kim Yung-Chung, Kang Sun-Hye
Russian L. F. Byezlepkina, A. V. Aparina, G. N. Galkina,
Federation B. G. Stepanov, O. Y. Sepelev, U. V. Chriskov,
M. O. Korunova
Slovakia Zuzana Jezerska
Sudan
Swaziland Moses M. Dlamini, Joel M. Nhleko, Audrey L. Nhlabatsi,
Nonhlanhla P. Tsabedze, Melusie M. Masuku
Thailand Asda Jayanama, Saisuree Chutikul, Thakur Phanit,
Sriwatana Chulajata, Karn Chiranond, Vanida Suwankiri,
Sweeya Santipitaks
Togo Kissem Tchanghai-Walla, Katoa Nignigaba Takouda
Tunisia Slaheddine Abdellah, Rafika Khouini, Saida Agrebi,
Wahid Ben Amor
United States Linda Tarr-Whelan, Melinda L. Kimble, Victor Marrero,
of America Maria Antonietta Berriozabal, Mary Purcell, Ann Bookman,
Iris Burnett, Kathleen Hendrix, Gracia Hillman,
Sharon Kotok, Theresa Loar, Nigel Purvis, Lucy Tamlyn,
Bisa Williams-Manigault
States Members of the United Nations represented by observers
Albania, Antigua and Barbuda, Azerbaijan, Bahrain, Botswana, Burkina
Faso, Canada, Co^te d'Ivoire, Czech Republic, Denmark, Dominican Republic,
Egypt, Ethiopia, Fiji, Finland, Germany, Ghana, Guatemala, Honduras, Hungary,
Iceland, Ireland, Israel, Italy, Kazakstan, Lesotho, Liberia, Lithuania,
Morocco, Netherlands, New Zealand, Nicaragua, Nigeria, Pakistan, Peru, Poland,
Romania, South Africa, Spain, Sweden, Syrian Arab Republic, Trinidad and
Tobago, Turkey, Uganda, Ukraine, United Kingdom of Great Britain and Northern
Ireland, United Republic of Tanzania, Uruguay, Zambia, Zimbabwe
Non-member States represented by observers
Holy See, Switzerland
United Nations
United Nations Children's Fund, United Nations Development Fund for
Women, United Nations Development Programme, Economic and Social Commission
for Asia and the Pacific, Economic Commission for Africa, Economic Commission
for Europe, Office of the United Nations High Commissioner for Refugees,
International Research and Training Institute for the Advancement of Women,
Centre for Human Rights
Specialized agencies and related organizations
International Labour Organization, Food and Agriculture Organization of
the United Nations, United Nations Educational, Scientific and Cultural
Organization, World Health Organization, International Monetary Fund, United
Nations Industrial Development Organization
Intergovernmental organizations represented by observers
Commonwealth Secretariat, European Community, Organization of African
Unity, Organization of American States
Other organizations represented by observers
Palestine
Non-governmental organizations
Category I: American Association of Retired Persons, Association for
Progressive Communications, Inter-Parliamentary Union, International
Confederation of Free Trade Unions, International Council of Women, National
Council of Negro Women, Inc., Soroptimist International, World Federation of
United Nations Associations, Zonta International
Category II: All-China Women's Federation, Anglican Consultative
Council, Baha''i' International Community, Education International,
International Federation of Settlements and Neighborhood Centres,
International Federation of University Women, National Council of German
Women's Organizations - Federal Union of Women's Organizations and Women's
Groups of German Associations, E.V., Pan-Pacific and South-East Asia Women's
Association, Women's International League for Peace and Freedom, World
Information Transfer
Roster: International Women's Anthropology Conference, Inc., Women's
Environment and Development Organization
Other non-governmental organizations: 3HO Foundation, African Women's
Development and Communication Network (FEMNET), AGORA, Agrupacio'n de Mujeres
Tierra Viva, Ain O Salish Kendra, Al-Khoei Foundation, Alliance des femmes
haitiennes, Alliance for Life, American Jewish Committee, The, American Jewish
Congress Commission on Women's Equality, Armenian International Women's
Association, Armenian Relief Society, Inc., Arthur and Elizabeth Schlesinger
Library on the History of Women in America, Radcliffe College, Asociacio'n
Espan~ola de Mujeres Juristas (A.E.M.J.), Associacao Nacional das Empresarias,
Association de lutte contre les violences faites aux femmes, Association of
Interbalkan Women's Cooperation Societies, Association of Women of Kyrgyzstan
for Nuclear World and Ecological Security, Association of Women's
Organizations of Jamaica, Association Seve savoir et vouloir entreprendre,
Associazione Delle Donne Democratiche-Iraniane Residente in Italia, Bangladesh
Nari Progati Sangha, Banulacht, British Association of Women Entrepreneurs
(BAWE), Business and Professional Women's Club, Camino Foundation, Caribbean
People Development Agency (CARIPEDA), Center for the Advancement of Women,
Center for Women's Global Leadership, Center of Arab Women for Training and
Research (CAWTAR), Central Committee for Women's Rights Movements in
Gothenberg/Sweden, Centre d'e'tudes et de recherche sur la population et le
de'veloppement, Centre for International Studies/University College of Cape
Breton, Centre for Women, the Earth, the Divine (CWED), Centro de
Investigacio'n para la Accio'n Femenina, Centro de Investigacion Social,
Formacio'n y Estudios de la Mujer (CISFEM), Centro de la Mujer Peruana Flora
Tristan, Centro di Cooperazione Familiare, Children and Mothers Welfare
Society, China Association of Women Entrepreneurs, China Population Welfare
Foundation, China Society for Human Rights Studies, Chinese Education
Association for International Exchange, CLADEM - Peru, Coalition of Australian
Participating Organizations of Women (CAPOW), Coalition on Women and Religion
(CWR)/Church Council of Greater Seattle, Collectif 95 Maghreb egalite, Comite
national d'action pour les droits de l'enfant et de la femme, Committee on
Family, Women and Demographic Policy to the President of the Republic of Sakha
(YAKUTIA), Confederacao das Mulheres Do Brasil (Brazilian Women
Confederation), Congregations of Saint Joseph, Congregazione di Nostra Signora
di Carita del Buon Pastore, Congress of Black Women of Canada, Coordination
francaise pour le Lobby europe'en des femmes (C.L.E.F.), Council of Nordic
Trade Unions, Departmento de la Mujer de la Asociacio'n Trabajadores del
Estado, Dialogue on Diversity, Inc., Ecological Rights Association (ERA),
Educacio'n, Cultura y Ecologi'a A.C., Emakunde/Instituto Vasco de la Mujer,
Environmental Women's Assembly, European Union of Women (British Section),
Family Care International, Inc., Federacio'n Espan~ola de Asociaciones Pro
Vida, Federacio'n Nacional de Asociaciones de Mujeres para la Democracia,
Federally Employed Women, Inc., Femme de'veloppement entreprise en Afrique,
Femme et monde rural, Ford Foundation, The, Franciscans International,
Francois-Xavier Bagnoud Center for Health and Human Rights, French
Confederation of the Catholic Families Association, Friendship Ambassadors
Foundation, Fundacio'n 8 de Marzo, Fundacio'n de Mujeres Profesionales,
Fundacio'n Grupo de Estudios Sobre la Condicio'n de la Mujer en el Uruguay,
Girls Incorporated, Global Alliance for Women's Health, Grail, The
(International Presidency Team), Groupe de recherche d'e'tudes et de formation
femmes action (GREFFA), Groupement des femmes d'affaires de Guine'e, Harvard
Institute for International Development/MIT Women in Development Group,
Humanitarian Law Project, Indian Women's Group of Trinidad and Tobago,
Institut africain pour la de'mocratie, Institute for the Study of Women/Mount
Saint Vincent University, Institute for Urban Research/Morgan State
University, Institute of Sisters of Mercy of the Americas, Instituto
Ecuatoriano de Investigaciones y Capacitacio'n de la Mujer (IECAIM),
Inter-American Parliamentary Group on Population and Development,
International Center for Research on Women, International Coalition on Women
and Credit, International Gay and Lesbian Human Rights Commission,
International Reproductive Rights Research Action Group, International Women
Count Network, International Women's Rights Action Watch, Islamic Women's
Institute of Iran (IWII), Japan Federation of Bar Associations (JFBA),
Karamah: Muslim Women Lawyers Committee for Human Rights, Inc., Korean
American Coalition on Jungshindae, Inc., Korean Association of Women
Theologians, Korean Institute for Women and Politics (KIWP), Leadership
Conference for U.S. Dominican Religious, Maryknoll Sisters of St. Dominic,
Inc., Medical Association in Jamaica, Mira Med Institute, Mobility
International U.S.A., Moral Rearmament, Inc., NAACP Legal Defense and
Educational Fund, Naripokkho, National Action Committee on the Status of
Women, National Association of Negro Business and Professional Women's Clubs,
Inc., National Committee of Women for Democratic Iran, National Council for
Research on Women, National Council of African Women, National Council of
Women of Canada (NCWC), National Council of Women of the United States, Inc.,
National Federation of International Organizations for Immigrant Women-Sweden,
National Institute of Womanhood (NIW), The, National Spiritual Assembly of the
Baha'is of the United States, New Zealand Federation of University Women, NGO
Commonwealth Women Network, Nizhny Novgorod League of Business Women, North
America Taiwanese Women's Association, Office of Women in Higher
Education/American Council on Education, Organisation de la femme
istiqlalienne, Organization of Turkish Childrens' Rights Summit, Organizing
Committee/People's Decade of Human Rights Education, Pacific Rim Institute for
Development and Education (PRIDE), Philadelphia Yearly Meeting of the
Religious Society of Friends, Programme Support Unit Foundation, Red Nacional
de Promocio'n de la Mujer - Peru', Republican Counsil of Women's
Organizations, Research Action Information Network for Bodily Integrity of
Women, Reseau femmes africaines et droits humains (REFAD), Ribbon
International, SACH-Struggle for Change, Sahaja Yoga International, Scottish
Education and Action Development, Sewa-Nepal, Shanghai Women's Studies
Association, Slovak Women's Social Democracy Community, Society for
Interbalkan Cooperation of Romanian Women (SICRW), Sociologists for Women in
Society, Soroptimist International - Bangladesh, Temple University
(Commonwealth), Tunisian Mothers' Association, Ugnayas Ng Kababaihan Sa
Politika (Philippines), Union nationale pour le soutien et la promotion de la
femme au foyer "Femmes actives au foyer", United Nations Women's Guild,
US-China People's Friendship Association (USCPFA), Voice of Women for Peace
(Canada), WIN Visible - Women with Visible and Invisible Disabilities, Women
Convention Watch Indonesia, The, Women Empowering Women of Indian Nations,
Women in International Security (WIIS), Women of Reform Judaism, The
Federation of Temple Sisterhoods, Women's Alliance for Democracy, Women's
Caucus, International Aids Society (NYS State Psychiatric Institute/HIV Center
for Clinic and Behaviour Study), Women's Council of the University of
Missouri-Kansas City (UMKC), Women's Health in Women's Hands: a Community
Health Centre for Women, Women's Network of the International Health Futures
Network, Women's Society (Zhinocha Hromada), Working Women National Committee
of the Puerto Rican Labor Central, World Association of Community Radio
Broadcasters (AMARC), World Organization for the Family, YWCA of Australia
(Young Women's Christian Association of Australia), Zigen Fund, Zonta Club
Bratislava-Slovakia (National Network of Zonta International)
Annex II
LIST OF DOCUMENTS BEFORE THE COMMISSION AT ITS FORTIETH SESSION
Document symbol Agenda Item Title or description
E/CN.6/1996/1 2 Provisional agenda
E/CN.6/1996/2 3 (a) Mandate, methods of work and multi-year
work programme of the Commission: report
of the Secretary-General
E/CN.6/1996/3 3 Ways to enhance the capacity of the
Organization and of the United Nations
system to support the ongoing follow-up to
the Conference: report of the
Secretary-General
E/CN.6/1996/4 3 Elimination of stereotyping in the mass
media: report of the Secretary-General
E/CN.6/1996/5 3 Child and dependant care, including the
sharing of work and family
responsibilities: report of the
Secretary-General
E/CN.6/1996/6 3 Education for peace: report of the
Secretary-General
E/CN.6/1996/7 3 (b) Improvement of the status of women in the
Secretariat: report of the
Secretary-General
E/CN.6/1996/8 3 Situation of and assistance to Palestinian
women: report of the Secretary-General
E/CN.6/1996/9 3 (b) Extent to which violations of women's
human rights have been addressed by human
rights mechanisms: report of the
Secretary-General
E/CN.6/1996/10 and 5 Elaboration of a draft optional
Corr.1 and Add.1 protocol to the Convention on the
and 2 Elimination of All Forms of Discrimination
against Women: report of the Secretary-
General
E/CN.6/1996/11 3 Implementation of General Assembly
resolution 50/166 on the role of the
United Nations Development Fund for Women
in eliminating violence against women:
note by the Secretary-General
E/CN.6/1996/12 3 Violence against women migrant workers:
note by the Secretary-General
Document symbol Agenda Item Title or description
E/CN.6/1996/13 3 (b) Joint work plan of the Division for the
Advancement of Women and the Centre for
Human Rights: report of the
Secretary-General
E/CN.6/1996/14 3 Proposals for the medium-term plan for the
period 1998-2001: note by the Secretary-
General
E/CN.6/1996/L.1 3 Argentina, Azerbaijan, Bangladesh, Bosnia
and Herzegovina, Cambodia, Ecuador, Egypt,
Georgia, Kuwait, Kyrgyzstan, Malaysia,
Mozambique, Pakistan, Togo, Tunisia,
Turkey, Turkmenistan, United Arab
Emirates, Uzbekistan and Zimbabwe: draft
resolution
E/CN.6/1996/L.2 and 7 Draft report of the Commission on its
Add.1 fortieth session
E/CN.6/1996/L.3 3 United States of America: draft
resolution
E/CN.6/1996/L.4 3 Australia, Canada and Norway: draft
resolution
E/CN.6/1996/L.5 3 Fiji, Ghana, Nigeria, Philippines and
Thailand: draft resolution
E/CN.6/1996/L.6 3 Costa Rica (on behalf of the States
Members of the United Nations that are
members of the Group of 77 and China):
draft resolution
E/CN.6/1996/L.7 3 Fiji, Ghana and Philippines: draft
resolution
E/CN.6/1996/L.8/Rev.1 3 Costa Rica (on behalf of the States
Members of the United Nations that are
members of the Group of 77 and China):
revised draft resolution
E/CN.6/1996/L.9 3 Costa Rica (on behalf of the States
Members of the United Nations that are
members of the Group of 77 and China):
draft resolution
E/CN.6/1996/L.10 3 Costa Rica (on behalf of the States
Members of the United Nations that are
members of the Group of 77 and China):
draft resolution
Document symbol Agenda Item Title or description
E/CN.6/1996/L.11 5 Draft resolution submitted by the
Chairperson of the Open-ended Working
Group on the Elaboration of a Draft
Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination
against Women, on the basis of informal
consultations
E/CN.6/1996/L.12 3 Conclusions regarding methods of work for
dealing with the implementation of the
Platform for Action adopted by the Fourth
World Conference on Women, submitted by
the coordinator of informal consultations
on agenda item 3, Patricia Licuanan
(Philippines)
E/CN.6/1996/L.13 3 Draft resolution submitted by the
coordinator of informal consultations on
agenda item 3, Patricia Licuanan
(Philippines)
E/CN.6/1996/L.14 3 (c) (i) Draft resolution submitted by the
Chairperson as the basis for informal
consultations
E/CN.6/1996/L.15 3 Italy (on behalf of the States Members of
the United Nations that are members of the
European Union): draft resolution
E/CN.6/1996/L.16 3 (c) (ii) Draft agreed conclusions submitted by the
Vice-Chairperson of the Commission,
Ljudmila Boskova (Bulgaria)
E/CN.6/1996/L.17 3 Agreed conclusions submitted by the
Chairperson on the basis of informal
consultations
E/CN.6/1996/NGO/1 3 Statement submitted by the following
non-governmental organizations in
consultative status with the Economic and
Social Council: International Federation
of Business and Professional Women,
Soroptimist International, Zonta
International (category I); International
Council on Alcohol and Addictions (ICAA),
Italian Centre of Solidarity, Socialist
International Women (SIW), World
Association of Girl Guides and Girl Scouts
(category II); International Inner Wheel,
International Round Table for the
Advancement of Counselling (IRTAC)
(Roster)
Document symbol Agenda Item Title or description
E/CN.6/1996/NGO/2 3 Statement submitted by the following
non-governmental organizations in
consultative status with the Economic and
Social Council: International Federation
of Business and Professional Women,
Soroptimist International, Zonta
International (category I); International
Council on Alcohol and Addictions (ICAA),
Italian Centre of Solidarity, Socialist
International Women (SIW), World
Association of Girl Guides and Girl Scouts
(category II); International Inner Wheel,
International Round Table for the
Advancement of Counselling (IRTAC)
(Roster)
E/CN.6/1996/NGO/3 3 Statement submitted by the following
non-governmental organizations in
consultative status with the Economic and
Social Council: International Council of
Women, International Federation of
Business and Professional Women,
Soroptimist International, Zonta
International (category I); Italian Centre
of Solidarity, Socialist International
Women (SIW), World Association of Girl
Guides and Girl Scouts (category II);
International Inner Wheel, International
Round Table for the Advancement of
Counselling (IRTAC) (Roster)
E/CN.6/1996/NGO/4 3 Statement submitted by the following
non-governmental organizations in
consultative status with the Economic and
Social Council: International Federation
of Business and Professional Women, Zonta
International (category I); International
Council on Alcohol and Addictions (ICAA),
Socialist International Women (SIW), World
Association of Girl Guides and Girl Scouts
(category II); International Inner Wheel,
International Round Table for the
Advancement of Counselling (IRTAC)
(Roster)
E/CN.6/1996/NGO/5 3 Statement submitted by the following
non-governmental organizations in
consultative status with the Economic and
Social Council: International Alliance of
Women - Equal Rights, Equal
Responsibilities, International Federation
of Business and Professional Women,
Soroptimist International, Zonta
International (category I); All India
Women's Conference, Arab Lawyers Union,
World Federation of Methodist Women
(WFMW), World Federation for Mental Health
(category II)
E/CN.6/1996/NGO/6 5 Statement submitted by the Commission for
the Defence of Human Rights in Central
America, a non-governmental organization
in consultative status with the Economic
and Social Council, category II
E/CN.6/1996/CRP.1 3 (b) Results of the fifteenth session of the
Committee on the Elimination of
Discrimination against Women: note by the
Secretary-General
E/CN.6/1996/CRP.2 3 (b) Proposed system-wide medium-term plan for
the advancement of women 1996-2001:
report of the Secretary-General
E/CN.6/1996/CRP.3 3 (c) Follow-up to the Fourth World Conference
on Women: implementation of strategic
objectives and action in the critical
areas of concern: poverty: report of the
Secretary-General
E/CN.6/1996/CRP.4 4 Report of the Working Group on
Communications on the Status of Women
E/CN.6/1996/WG/L.1 5 Draft report of the Open-ended Working
and Add.1 Group on the Elaboration of a Draft
Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination
against Women
Annex III
REPORT OF THE OPEN-ENDED WORKING GROUP ON THE ELABORATION
OF A DRAFT OPTIONAL PROTOCOL TO THE CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
1. The Open-ended Working Group on the Elaboration of a Draft Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women was convened pursuant to Economic and Social Council resolution
1995/29 of 24 July 1995 to consider a comprehensive report by the Secretary-
General, including a synthesis, on the views of Governments, intergovernmental
organizations and non-governmental organizations on an optional protocol to
the Convention, including views related to feasibility, taking into account
the elements suggested by the Committee on the Elimination of Discrimination
against Women in suggestion 7, adopted at its fourteenth session. a/
2. At the 4th plenary meeting, on 12 March, the Vice-Chairperson of the
Commission, Karin Stoltenberg (Norway) was designated Chairperson of the
Working Group. Mr. Phakiso Mochochoko (Lesotho) presided at the 6th meeting
of the Working Group, on 14 March. At the 7th plenary meeting, on 14 March,
Aloisia Wo"rgetter (Austria) was designated Chairperson of the Working Group
to replace Ms. Stoltenberg (Norway), who had resigned owing to unforeseen
circumstances.
3. The Working Group met from 11 to 22 March 1996. It held 10 meetings
(1st to 10th) and two informal meetings. It had before it the report of the
Secretary-General on the elaboration of a draft optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women
(E/CN.6/1996/10 and Corr.1 and Add.1 and 2).
4. At the 1st meeting, on 11 March, the acting Chairperson opened the
meeting and made a statement. The Director of the Division for the
Advancement of Women made an introductory statement.
5. At the same meeting, in order to assist it in its deliberations, the
Working Group was briefed by a member of the Human Rights Committee on the
provisions, procedures and experience of the Committee under the first
Optional Protocol to the International Covenant on Civil and Political Rights.
He also responded to questions raised by delegations.
6. At the 2nd, 5th, 7th and 9th meetings, on 12, 13, 14 and 18 March, the
Chairperson of the Committee on the Elimination of Discrimination against
Women made a statement and responded to questions raised by delegations with
regard to specific elements proposed by the Committee in suggestion 7, as well
as with regard to the working methods of the Committee in the examination of
States parties' reports.
7. At the 5th and 7th to 9th meetings, on 13, 14 and 18 March, the
representative of the Centre for Human Rights responded to questions raised by
delegations with regard to the practice and procedures of other United Nations
human rights mechanisms.
a/ Official Records of the General Assembly, Fiftieth Session,
Supplement No. 38 (A/50/38), chap. I, sect. B.
8. At the 10th meeting, on 19 March, at the invitation of the Working Group,
two members of the Human Rights Committee made statements and responded to
questions raised by delegations with regard to the subject of justiciability.
9. The Working Group, at the invitation of the Chairperson, first held a
general exchange of views on the question of an optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women,
followed by a systematic and in-depth exchange of views on aspects that would
need to be addressed in such a protocol, using as a basis for discussion the
elements proposed by the Committee on the Elimination of Discrimination
against Women in suggestion 7.
A. General exchange of views
10. Support was expressed in favour of an optional protocol to the Convention
and the process initiated for its elaboration. Delegations stated their
readiness to cooperate and to participate actively in the Working Group to
achieve an effective instrument that would command the greatest possible
support and a large number of ratifications.
11. However, delegations raised several obstacles and difficulties to be
addressed in the elaboration of a protocol and put forward questions that
needed to be clarified and extensively considered in the process.
12. It was argued that an optional protocol would increase the efficacy of
the Convention, and lead to more effective protection and promotion of the
human rights of women. Such a procedure would strengthen the Convention and
put it on an equal footing with other human rights treaty mechanisms. The
view was expressed that a communications procedure could place undue attention
on individual cases, whereas situations of massive violations needed to be
addressed.
13. Many delegations pointed out that the preparation of an optional protocol
was a key element in the follow-up to the World Conference on Human Rights and
the Fourth World Conference on Women. It represented a unique opportunity to
fill procedural gaps in existing mechanisms. During its preparation, the
reasons for the low number of ratifications of other complaints mechanisms
could be assessed with a view to avoiding them in the instrument.
14. Many delegations pointed out that the question of the relationship
between the proposed optional protocol and existing mechanisms providing for a
communications procedure needed careful consideration. In that regard,
overlapping or duplication would have to be avoided; the need for streamlining
of the human rights machinery was noted. Efforts to mainstream women's human
rights and a gender perspective into the general human rights activities were
mentioned. It was also emphasized that, while the question of overlapping and
duplication presented a challenge, it should not stand in the way of the
elaboration of such a procedure. The question of overlapping had also been
raised, inter alia, at the time of the drafting of the Convention on the
Elimination of All Forms of Discrimination against Women, and its reporting
procedure, both of which are now widely accepted.
15. The possible complementary role that a well-drafted protocol could play
within the human rights system was highlighted, especially given the wider
scope of the provisions of the Convention. The scope of other procedures and
the fact that the rights of women were not their main focus were noted. The
elements proposed by the Committee on the Elimination of Discrimination
against Women and those contained in the Maastricht draft would be useful in
the work ahead.
16. Reference was made to procedures under a number of treaty-based and
Charter-based human rights mechanisms. It was noted that the different nature
of the communications procedure of the Commission on the Status of Women would
not overlap with an optional protocol. The view was expressed that an
optional protocol should not establish an essentially different approach from
the one contained in the first Optional Protocol to the International Covenant
on Civil and Political Rights. However, further comparison with the mandates
and jurisprudence of existing machinery would help to identify where further
work was needed to support the realization of women's rights.
17. The question of the justiciability of rights contained in the Convention
on the Elimination of All Forms of Discrimination against Women under an
optional protocol on the right to petition was addressed by many delegations.
Several delegations pointed to the diverse nature of States parties'
obligations under the various provisions of the Convention, and the
implications for their justiciability. It was suggested that some provisions
were clearly suited to be the subject of a petition procedure, while other
provisions were of a more programmatic nature for which a different procedure
might be required. Thus, work on an optional protocol would need to proceed
in the light of the various types of provisions contained in the Convention.
On the other hand, a number of delegations expressed the view that all
substantive provisions of the Convention should be considered justiciable
under an optional protocol.
18. Several delegations commended the important work done by the Committee on
the Elimination of Discrimination against Women. The need to strengthen the
Committee through, inter alia, an increase in resources and meeting time was
expressed. Concern was expressed by some delegations that despite the recent
proposal to extend the Committee's meeting time, this might not be sufficient
to deal both with the existing backlog in report consideration and with the
task of considering communications.
19. Some delegations expressed concern with regard to possible financial
implications resulting from the adoption of an optional protocol. The costs
involved would need to be estimated. Some delegations expressed the view that
the elaboration of an optional protocol might not be the best use of resources
for maximizing the effectiveness of women's enjoyment of their rights.
Instead, the achievement of universal ratification and better implementation
of the Convention should be pursued, including through better and more timely
reporting to the Committee.
B. In-depth consideration of major aspects to be covered by
an optional protocol, following the elements contained
in suggestion 7 of the Committee on the Elimination of
Discrimination against Women
20. The Chairperson invited the Working Group, in addressing the specific
elements proposed by the Committee on the Elimination of Discrimination
against Women, to take into consideration the cross-cutting themes that had
emerged during the general exchange of views, such as the question of
overlapping with existing procedures, and the question of justiciability, as
applicable. She informed the Working Group of her intention to call also on
non-governmental organizations to make their comments on specific elements.
Element 5
21. Some delegations considered the element to be generally acceptable. It
was proposed to add the option of signing the optional protocol: "... option
to sign and ratify or accede to the optional protocol".
22. The question of the status and impact of reservations entered to
provisions of the Convention by States parties with regard to the
admissibility of communications under the optional protocol was discussed.
Delegations considered that ratification of the optional protocol would leave
substantive reservations to the Convention unaffected, without prejudice to
the permissibility of a reservation and its compatibility with the Convention
and with international treaty law. While it was agreed that reservations were
permissible under the Convention, reference was made to article 28.2: "A
reservation incompatible with the object and purpose of the Convention shall
not be permitted." Thus, it was observed that it would be up to the Committee
to examine the compatibility of such reservations with the Convention, and,
consequently, the admissibility of a communication.
23. With regard to justiciability, it was suggested that this question would
be especially relevant to discussions on the type of procedure to be contained
in an optional protocol, and its relation to the various provisions of the
Convention, including whether the programmatic provisions would be excluded
from being justiciable under an individual complaints procedure. The view was
expressed that only those provisions of the Convention that established
absolute obligations could be justiciable. The types of views expressed by
the Committee at the conclusion of an examination would also be relevant in
this regard.
24. Some delegations stated that it should be left to the Committee to
determine the question of justiciability on the basis of concrete cases,
rather than to exclude a priori certain provisions.
25. It was stated that the question of justiciability was not limited to the
Convention on the Elimination of All Forms of Discrimination against Women.
It was also relevant to, for example, the International Convention on the
Elimination of All Forms of Racial Discrimination, yet in that case, the
complaints procedure of article 14 covered the Convention as a whole. In
considering it, the importance of the implementation of treaties in good faith
and according to the principle of pacta sunt servanda was stressed. Some
delegations stated that, while some provisions of the Convention had direct
effects and could, as well as should, be implemented immediately, including
the non-discrimination provision, other provisions might have to be
implemented progressively. The guiding legal principle, however, should be
that States parties are under an obligation to take steps towards achieving
the goals, an obligation for which they could be held accountable.
Element 6
26. On the recommendation of the Chairperson, no in-depth discussion of
element 6 took place, as subsequent elements addressed the various aspects of
a communications procedure (elements 7-16) and an inquiry procedure
(elements 17-23).
27. While some delegations proposed the retention of only the communications
procedure, others noted the need for both a communications and an inquiry
procedure.
28. The view was stated that the purpose of the optional protocol would
determine whether only one, or both procedures, would be needed. The
examination of individual complaints, in an approach similar to other existing
individual complaints procedures, was seen as the principal purpose of an
optional protocol. The view was expressed that only justiciable provisions
should fall under the individual complaints procedure, whereas violations of
the provisions of the Convention of a more general nature could be addressed,
for example, in the framework of the reporting procedure.
Element 7
29. With respect to this element, the question of who should have standing to
submit a communication was discussed, and whether this should be extended to a
person or group having sufficient interest in the matter.
30. Some delegations were of the view that individuals as well as groups
should have standing, along the lines of the International Convention on the
Elimination of All Forms of Racial Discrimination, as well as of some regional
procedures. Standing for groups would be needed in cases of major violations.
The language could be specified to read: "groups or organizations with
specific interest in women". It was proposed that "groups" could be more
specific, such as "groups of persons", or "groups of individuals", or "groups
acting on behalf of individuals". Other delegations referred to the example
of the first Optional Protocol to the International Covenant on Civil and
Political Rights, which granted standing to individuals only. The view was
expressed that only victims themselves should have standing.
31. It was stated that, owing to the quasi-judicial nature of the procedure,
an approach that allowed groups of victims to file complaints would not be
favoured. The comparison to national judicial processes was made, which also
did not allow such group complaints. At the same time, the important role of
organizations in assisting victims in filing complaints was stressed. The
distinction between the victim having the right to complain, and the person,
group, or representative who may file a complaint on the person's behalf,
would need to be made clear. In this view, other procedures, such as the
communications procedure of the Commission on the Status of Women, were
considered more appropriate for widespread or systematic violations.
32. Many delegations stated that the term "organization" needed
clarification. Any difference to "groups" would need to be elaborated. If
"organization" meant "non-governmental organizations", then it should be so
stated, in which case it might be merged with "groups". At the same time, a
requirement to have groups file on behalf of their members was also proposed.
The Commission was cautioned against broadening the categories of persons who
might submit complaints, as the Committee might be flooded with
communications, and possible financial implications were noted. On the other
hand it was stated that allowing groups to complain could reduce the cost, as
the Committee might receive one collective complaint instead of many separate
complaints from individuals. Other delegations argued that the inclusion of a
third category of "organizations" was called for to address the systematic
nature of discrimination and gender-based violence, and would be an innovative
element.
33. With regard to the standing criteria of a person or group "having a
sufficient interest", many delegations found this to be too vague and broad a
formulation. Some delegations found such a provision to be inappropriate.
The explanation was offered that this would apply to a situation where the
victim herself was not able to complain and a representative would do so on
her behalf.
34. The following categories of standing were proposed: a person acting in
her own interest; an association acting in the interest of its members; a
person acting on behalf of another person who is not in a position to seek
relief in her own name; a person acting as a member or in the interest of a
group or class of persons; a person acting in the public interest.
35. It was pointed out that the threshold test with regard to the right to
complain would depend on the solution of the question of justiciability, and
whether all provisions of the Convention would be covered under an optional
protocol. It was also emphasized that the optional protocol should empower
the Committee to deal with complaints regarding any of the Convention's
provisions, as was done when the International Convention on the Elimination
of All Forms of Racial Discrimination was adopted. It was also pointed out
that a compartmentalization of the provisions of the Convention into
justiciable and non-justiciable was not desirable as it might create
precedents for other human rights treaties. Some delegations emphasized that
the result of the Committee's consideration of a complaint would not be a
judgement, but the Committee would assess whether a State party had taken the
minimum steps necessary to comply with its obligations under the Convention.
36. It was proposed to expand the right to file a communication by allowing
filing to be done on the basis of a "threat of violations or infringements of
rights contained in the Convention".
37. While it was proposed to qualify the non-compliance provision by
characterizing it as "deliberate, widespread, or systematic", it was also
emphasized that the purpose of the optional protocol was to establish an
individual complaints procedure.
38. The question was raised as to who would bear the cost of proceedings.
Element 8
39. As to whether communications should be in writing only, delegations
agreed that, in principle, they should be in writing. Some delegations
proposed that in exceptional cases, when the Committee deemed that there was
no other reasonable way to lodge a communication, some other means could be
accepted, such as oral presentation, or taped submissions. The practical
difficulties connected with oral presentations were pointed out.
40. With regard to the confidentiality of the communication, some delegations
stressed the need to clarify whether this referred to the identity of the
author, the confidential treatment of the communication vis-a`-vis third
parties, the non-disclosure of the name of the author to the State party, or
the outcome of its consideration. It was suggested to clarify the policy
objective of this requirement in order to arrive at a solution. The different
types of confidentiality requirements contained in various elements, including
8, 9 (b), 11, 12, 15 and 24, was pointed out, and the need for clarity and
consistency of concepts in each case was stressed.
41. Some delegations understood the provision to mean confidential treatment
of the communication, but not that the communication itself should be
confidential. Thus, knowledge of the identity of the author should be limited
to the Committee and the State party. This would also be beneficial to the
process of mediation. Several delegations emphasized that the State party
would need to know the identity of the author in order to reply to the
complaint and to initiate remedial action. Other delegations noted that if
the aim of the provision was the protection of the author, this could be
achieved with the provision contained in element 10, or with some other
measure. The need to publicize the facts and findings upon conclusion was
stressed.
42. Some delegations spoke in favour of confidentiality along the lines of
existing Charter-based procedures, such as the 1503 procedure, or the
communications procedure of the Commission on the Status of Women. Others
argued that in the light of the purpose of the protocol, the principles and
practice of other human rights treaty bodies, such as the Human Rights
Committee, should be used as models.
Element 9
43. With regard to the admissibility criteria proposed in element 9, it was
noted that, while the list proposed in the element is reflective of the
present stage in other comparable procedures, the preparation of a new
protocol offered an opportunity for progressive development and the reflection
of current practice.
44. Element 9 (b): Support was expressed for this formulation.
45. Element 9 (c): While clarification was sought on the conceptual
distinction between "alleged violation" and "alleged failure to give effect",
it was also noted that the formulation simply reflected a comprehensive view
of the provisions of the Convention. Some delegations identified a link
between these criteria and the question of standing in element 7, as well as
the question whether all the provisions of the Convention would be covered by
the protocol.
46. Several delegations foresaw a potentially enormous number of
communications under the second standard, and proposed the following
formulation: "alleged failure to provide effective remedies to situations
caused by violations of rights under the Convention".
47. Element 9 (d): Several delegations noted that such a criterion was
absent from other comparable procedures. They found it to be counter to
existing norms and agreed that an optional protocol should apply to acts that
had occurred after the entry into force of the optional protocol in the State
party. Support was expressed for an approach whereby the admissibility
criterion would be the entry into force of the Convention, not of the optional
protocol, in the State party.
48. Element 9 (f): With regard to the element on the exhaustion of domestic
remedies, preference was expressed its for the formulation contained in the
first Optional Protocol to the International Covenant on Civil and Political
Rights. Others stated their preference for language as contained in the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment or the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families, which stated that the
requirement of the exhaustion of domestic remedies should not be the rule
where domestic remedies were unreasonably prolonged, or unlikely to bring
effective relief. The language contained in the latter would also be in
accordance with the practice of the Human Rights Committee, which interpreted
its own provision to include the absence of effective domestic remedies, their
lack of effectiveness, or denial of a remedy. It was suggested that more
general wording might be needed which would include that the victim was
unaware of domestic remedies, or of their availability. It was also suggested
to include the word "available" before "domestic remedies", as that would be
in line with other instruments. The view was expressed that it would not be
in line with the role of the Committee to judge whether domestic remedies had
been exhausted.
49. With regard to the second sentence, especially the proposed power of the
Committee to declare another international procedure "unreasonably prolonged",
many delegations agreed that such a provision would be inappropriate as it
would give the Committee the power to judge the work of other bodies.
Instead, preference for existing language was expressed, such as in the
Convention against Torture or in the Migrant Workers Convention, that is, that
the same matter "has not been, and is not being, examined by another treaty
body". Reference was also made to article 27.1 (b) of the European Convention
establishing inadmissibility when a petition "is substantially the same as a
matter which has already been examined by the Commission or has already been
submitted to another procedure of international investigation or settlement
and if it contains no relevant new information".
50. Support was expressed for the proposed addition of two criteria, namely
that a communication would be inadmissible when manifestly ill-founded; and
the inclusion of a time-limit, that is, that a communication be inadmissible
if deposited after 12 months from the date of the decision of the highest
domestic instance, or a similar reasonable length of time.
51. The addition of the following criteria was also proposed:
"Communications should be in compliance with the principles of objectivity and
justice and should include legal remedies or reparations, if any, undertaken
by the State party concerned."
52. Element 9 (g): The question was raised as to who would determine, and
what would be considered, a "reasonable period". It was suggested that the
Committee might have this responsibility.
Element 10
53. Several delegations, pointing to the innovative character of element 10
on interim measures, expressed their support for its explicit inclusion in the
optional protocol. They noted that that would be in line with existing
practice of international, as well as regional, human rights bodies. In order
to avoid irreparable harm, the Committee should be empowered to take urgent
action when necessary. Noting the positive intention of the provision, other
delegations suggested that it should be left to the Committee to include such
a provision in its rules of procedure. Such a placement would allow the
Committee more flexibility in its practical application.
54. A number of delegations, pointing to the language used in the element,
considered it inappropriate to confer upon the Committee power to "request" a
State party to take such measures. Instead, the Committee should be able to
"recommend" interim measures. Their application should be left to the
discretion of the State party. The need for a separate undertaking on the
part of the State party was doubted, as States parties were already expected
to act bona fide upon ratification of the instrument.
55. Several delegations noted a lack of clarity and precision in the use of
the term "preservation of the status quo", suggesting that the intention for
recommending such interim measures needed to be further specified. They
agreed that it could not mean that an alleged violation be preserved, but
rather its termination and avoidance of irreparable harm, or the prevention of
a violation. It was proposed to reword the element to give the Committee the
right to recommend, or suggest, interim measures so as not to aggravate the
situation. It was also proposed to distinguish between interim measures at
the admissibility stage, and during the proceedings on the merits of a
communication, in accordance with the practice of the Committee against
Torture.
56. It was suggested that it might be necessary to monitor the application of
such interim measures at the national level.
57. The requirement, contained in the element, that no inference could be
drawn from the recommendation of interim measures for the Committee's decision
on the merits was emphasized.
Element 11
58. With regard to the formulation that the State party would be "informed
confidentially", several delegations emphasized that, in the light of the
purpose of the procedure as individual procedure, the identity of the author
would need to be revealed to the State party to enable it to investigate the
allegations, remedy the situation and provide full information to the
Committee to determine admissibility, including the exhaustion of domestic
remedies. It was also stated that the State party would be able to implement
any recommendations of the Committee only if it knew the identity of the
complainant. It was further stated that only in exceptional cases, when there
appeared to be danger for the author, could this requirement be waived or
other cautionary measures taken, such as interim measures. In that sense,
confidentiality in the element would seem to refer to confidentiality vis-a`-
vis third parties.
59. While some delegations, pointing to a similar provision in the
International Convention on the Elimination of All Forms of Racial
Discrimination, emphasized the need to obtain the person's consent before
revealing her identity to the State party, they agreed that in most cases, the
State party would need to know the author's identity to assume its
responsibilities. The representative of the Centre for Human Rights stated
that experience with the above Convention showed that of seven cases, in only
one had the identity of the author not been revealed to the State party on an
exceptional basis.
60. While some delegations proposed that it should be left to the Committee
to determine, in its rules of procedure, a reasonable time period for the
State party to provide replies, other delegations supported the inclusion of a
specified period of time. Reference was made to the first Optional Protocol
to the International Covenant on Civil and Political Rights (six months) and
the International Convention on the Elimination of All Forms of Racial
Discrimination (three months). Several delegations expressed a preference for
a six-month time-limit.
61. Several delegations welcomed the proposals for mediation contained in
element 11. It was, however, stressed that the terms of any settlement would
need to be in accordance and compatible with the State party's obligation
under the Convention; be acceptable to both parties; and be arrived at without
pressure on the author to settle. Those concerns would need to be addressed
in relevant provisions of the optional protocol or in the rules of procedure.
62. With regard to the confidential nature of the report on a settlement,
some delegations emphasized the importance of a transparent procedure, which
would encourage other States parties to take relevant action, and which would
build up the Committee's case law. While the name of the author could be
withheld, the results of the settlement should be made public in the report of
the Committee, if the author and the State party so wished.
63. It was proposed to divide element 11 into two separate elements, whereby
the second element would consist of the last sentence.
64. Some delegations pointed out that a State party needed to be informed of
the full substance of a communication, and not simply of "the nature of the
communication", as suggested in element 11. Thus, it was proposed to state
that "the communication as such" be transmitted to the State party. In fact,
both parties, that is the State party and the complainant, needed to have the
full documentation of a case.
65. Some delegations proposed that the State party be represented in meetings
of the Committee when matters affecting it were under consideration. It was
suggested that any means which facilitated the full and active participation
of the State party would be acceptable. Such a concept could be contained
either in the optional protocol, or in the rules of procedure. Other
delegations found that it would be inappropriate for the parties to be present
at the consideration of a communication. If there were an exception, then it
could be only at the specific request of the Committee. The representative of
the Centre for Human Rights informed the Working Group that it was not the
practice of the Human Rights Committee to have representatives of the State
party present during the consideration of a communication.
Element 12
66. With regard to a provision that the Committee would examine a
communication in the light of information received, inter alia, "from other
relevant sources", most delegations emphasized that only information submitted
by the author and the State party should be considered. With reference to
element 7, it was stated that, as only victims should have the right to submit
communications, it would be only the victim and the State party that could
provide information on a case.
67. Other delegations pointed out that other relevant sources of information
could shed further light on cases where women were disempowered or unable to
provide information. Any such information, which could be derived from
sources such as reports or deliberations of other United Nations mechanisms,
would need to be made available to the parties concerned. Regarding other
sources of information it was noted that, as communications would be
confidential vis-a`-vis third parties during consideration, only general
background information could be made available to the Committee. Such
information might be more usefully provided in the framework of the reporting
procedure under article 18 of the Convention.
68. Many delegations agreed that a visit to the territory in the examination
of a communication would be inappropriate. It was pointed out that such a
provision would belong to elements 17-23. Some suggested that, on an
exceptional and case-by-case basis, this could be envisaged. There was,
however, no need to include such a provision in the optional protocol. That
aspect was important, as demonstrated by the successful use of the method
under the European system. It was also available in the inter-American
system. It was emphasized that such a visit would only take place with the
agreement of the State party. The question of the resource implication of
such a provision was also raised.
69. With regard to the examination of the communication by the Committee, and
in relation to suggestions made by some delegations under element 11 that the
State party be present, several delegations emphasized that, in both cases the
procedure should be of a written nature and without the presence of the State
party. Some delegations stated that, while in principle this should be a
written procedure, the Committee should have the power to conduct oral
hearings with both parties. The possibility of oral testimony should also not
be excluded.
70. It was stated that the use of the term "adopt" in this element was
inappropriate.
Element 13
71. Some delegations welcomed the addition of the element, especially with
regard to reparations. Its inclusion would provide an opportunity, as was the
case with certain other elements, for the progressive development and
strengthening of international human rights law. Some delegations noted the
consistency of the element with the practice of human rights treaty bodies.
The well-established practice of the Committee on the Elimination of
Discrimination against Women to adopt recommendations at the conclusion of the
consideration of States parties' reports was noted. Reference was also made
to General Assembly resolution 41/120, establishing the principle that new
international human rights instruments must be consistent with the existing
body of international human rights law and may not fall behind existing
standards. Some delegations emphasized the importance of the Committee's
ability to make recommendations on steps necessary to implement the
Convention.
72. Some delegations noted that there was no precedent for a provision on the
recommendation of remedial measures in cases of non-compliance with treaty
provisions in other human rights instruments. At the same time, delegations
agreed that the Committee was not a judicial body, and thus its views were of
a recommendatory, albeit authoritative, character. It was emphasized that the
States parties to the Convention on the Elimination of All Forms of
Discrimination against Women already had the legal responsibility to remedy
any violations of the Convention. Some delegations stated that it should be
left to the States parties to determine the appropriateness of the remedial
measures. Others doubted that the Committee should have the power to order a
State party to take specific remedial measures.
73. Some delegations noted that the intention of the element would be that
the State party take the necessary steps to give effect to its obligations
under the Convention, that is, that action be taken by the State party at the
national level. Several delegations suggested that the element should be
drafted in a way to suggest dialogue, rather than judgement.
74. Several delegations identified a lack of clarity in the use of the term
"adequate reparation", including clarity as to who would make the
determination. Some proposed the deletion of this term. Information on the
understanding of the term "reparation" was provided based on a study conducted
by an expert of the Subcommission on Prevention of Discrimination and
Protection of Minorities of the Commission on Human Rights.
75. The following formulation was proposed: "... appropriate
remedy,including, if need be, adequate reparation". Reference was also made
to paragraph 124 (d) of the Platform for Action for possible language on
rehabilitation.
76. Some delegations suggested that the period of time within which a State
party would inform the Committee about measures taken should be made specific.
A few months was suggested as appropriate.
77. Some delegations pointed out that the question of the justiciability of
all provisions of the Convention would have a bearing on the formulation of
this provision.
Element 14
78. Several delegations expressed their support for the inclusion of an
element on follow-up, and for the intent and formulation of the element. That
would be in accordance with the practice of the Human Rights Committee and the
European system.
79. In order to clarify that the element covered the implementation phase of
the Committee's views in a case, several delegations proposed the following
formulation: "... concerning implementation of such measures ...".
80. In welcoming the element, it was suggested that element 13 be cast along
similar lines. The need for ongoing dialogue between the Committee and the
State party, and the inclusion of relevant information in the framework of
reporting, were welcomed by several delegations.
Element 15
81. The Chairperson of the Committee on the Elimination of Discrimination
against Women informed the Working Group of an error contained in element 15
to the effect that it should not refer to a "confidential" report. The
element should thus read:
The Committee would, in its report, summarize the nature of
communications received, its examination of them, the replies and
statements of the States parties concerned and its views and
recommendations.
82. On the basis of this clarification, several delegations supported the
element. They emphasized the need to publicize the availability of the
procedure and the work of the Committee, and to disseminate widely the views
of the Committee in order to develop jurisprudence on women's human rights.
The inclusion of information about the work under the optional protocol in the
Committee's annual report would also be in line with the practice of other
treaty bodies, which included in their annual reports a summary of cases after
their conclusion and the Committee's findings.
83. Some delegations proposed that, instead of a summary of the nature of the
communication, the element should use the formulation of article 14.8 of the
International Convention on the Elimination of All Forms of Racial
Discrimination: "The Committee shall include in its annual report a summary
of such communications and ...".
Element 16
84. Several delegations supported the establishment of a working group of the
Committee. This would be in line with the practice of the Human Rights
Committee, and would be an effective and efficient method for preparing the
work of the Committee as a whole. At the same time, several delegations
pointed out that the term "its responsibilities", used in the element, was
inappropriate as the Committee would not delegate any authority to the working
group. A working group could simply have responsibility for preparing or
expediting the handling of communications for the Committee as a whole. They
emphasized that only the Committee as a whole could have the power to adopt
decisions, including decisions on the admissibility of communications. Thus,
the following formulation was proposed: "responsibilities for the preparation
of consideration of cases ...".
85. Some delegations, noting that the element covered simply a method of work
of the Committee, proposed that the provision should be dealt with in the
Committee's rules of procedure, instead of in the optional protocol.
86. Some delegations noted the need for further clarification of the nature,
function, role and power of a working group of the Committee. The different
types and functions of working groups established under human rights treaty
bodies, and under Charter-based procedures, were identified.
General comments on an inquiry procedure
87. Some delegations supported the inclusion of an inquiry procedure in an
optional protocol as a means of dealing with serious and systematic violations
of women's human rights. The existence of a similar procedure under the
Convention against Torture, article 20, and at regional levels, was noted.
The Working Group was informed, however, that this procedure under the
Convention against Torture had only been used once. Other delegations
expressed doubts about the need to have the inquiry procedure proposed in
suggestion 7 included in the optional protocol. Some delegations suggested
that alternatives for achieving the intention behind an inquiry procedure
should be explored fully. Some delegations noted that any new instrument
should enjoy the broad acceptance of States parties.
88. Several delegations suggested that possibilities within the Convention on
the Elimination of All Forms of Discrimination against Women itself, which
would apply to all States parties, should be pursued, such as developing an
inquiry procedure under the Committee's existing mandate and rules of
procedure. The establishment of an early warning mechanism under the
Committee on the Elimination of Racial Discrimination was cited as an example.
Introduction of time-bound follow-up to the Committee's concluding comments on
States parties reports under article 18 was suggested. Other delegations
recommended further study of the possibilities for addressing serious and
systematic violations in the framework of reporting under article 18,
including follow-up to the Committee's concluding comments, and the request
for in accordance with article 18.1 (b).
89. Some delegations proposed that element 7 be drafted to enable the
Committee to deal with situations of serious and systematic violations under a
communications procedure. Universal accession to existing instruments should
be promoted. Other delegations emphasized the need to strengthen existing
procedures, including the communications procedure of the Commission on the
Status of Women and the 1503 procedure.
90. Some delegations raised the question of possible overlapping between an
inquiry procedure and existing mechanisms, especially with the communications
procedure of the Commission and the 1503 procedure. Others noted the
differences in, and complementarity of, these procedures in regard to the
proposed inquiry procedure. They expressed concern about the length of the
process under the 1503 procedure, particularly for violations which needed
immediate action. The intergovernmental character of the Commission's
communications procedure and of the 1503 procedure on the one hand, and of the
expert character of the proposed inquiry procedure on the other, were noted.
Other delegations emphasized the need to mainstream women's human rights,
because the human rights of women were not the main focus of other human
rights bodies. Some noted that Charter-based procedures and other
treaty-based procedures were based on different instruments, not on the
Convention on the Elimination of All Forms of Discrimination against Women.
Element 17
91. Regarding the formulation of element 17, several delegations noted that
the threshold for admissibility would need to be both serious and systematic
violations, that is, there would be a high threshold to initiate an inquiry.
Some noted that an inquiry procedure would enable the Committee to deal with
patterns of widespread violations of women's human rights and allow it to
address a broader range of issues, including structural causes of violations,
than would be the case under the individual procedure. Reliable information
would be required to start the procedure. A few delegations expressed concern
at the optional nature of many aspects of the proposed inquiry procedure,
underlining the need for more active investigation into serious and systematic
violations.
92. Some delegations stated that some provisions of the Convention might lend
themselves more to an inquiry procedure than to an individual complaints
procedure. A more comprehensive discussion of the merits of the inquiry
procedure would thus depend on the development of the communications
procedure. Some delegations noted that the "serious and systematic" criteria
would need to apply both to alleged violations and to alleged failures to
comply. Other delegations found the "failure" category to be redundant. The
scope of element 17 would be considered too broad if it were to be applied to
all of the rights covered by the Convention.
Element 18
93. The question was raised as to what mechanisms would be available in case
of non-cooperation of a State party.
Element 19
94. The need for including a time-limit was raised.
Element 20
95. Some delegations noted that only the State party concerned would
participate in the inquiry, not "States parties". As to the intention of
confidentiality in this element, it was suggested that, contrary to the
individual communications procedure, those who submitted information leading
to an inquiry procedure would not be involved in its conduct, but that this
would be limited to the Committee and the State party.
Element 21
96. Some delegations noted a lack of clarity in the meaning of the term
"satisfactory outcome". Some delegations raised the question as to the
Committee's attitude in case a State party would not provide the requested
information.
Element 22
97. Some delegations raised the question whether the Committee, at the
completion of the process, would be empowered to publish its report even
without the agreement of the State party in the Committee's annual report.
The practice of the Convention against Torture was noted, which consulted the
State party, but was not required to obtain agreement from the State party.
Element 23
98. The requirement that a State party undertake to assist the Committee was
considered redundant as such cooperation was expected to result from
ratification.
Element 24
99. Several delegations emphasized the need to publicize widely the optional
protocol, and the following additions, or alternative formulations, were
proposed: "... making the provision of the optional protocol widely known in
their countries", or "the communication and inquiry procedure should be made
public as widely as possible". While the role and participation of United
Nations bodies and agencies in such efforts were stressed, some delegations
were of the opinion that this should be addressed in a resolution rather than
in the optional protocol itself.
Element 26
100. With reference to a recent amendment to the Convention regarding the
Committee's meeting time, it was suggested that that matter should be left to
the Committee to decide in its rules of procedure. Other delegations inquired
whether there might be a need for additional annual sessions and sought
clarification on the amount of time that might be necessary for the Committee
to discharge its duties under an optional protocol. Regarding possible
sources of funding for the Committee's work under an optional protocol, the
question was raised whether it would be funded from the regular budget of the
United Nations, or by the States parties to the Convention, or by the State
parties to the optional protocol. It was noted that all human rights treaty
bodies were funded from the regular budget of the United Nations.
101. Several delegations noted a lack of clarity regarding the scope of the
"expert legal advice", referred to in the element. Questions were also raised
regarding the composition of the Committee, in particular concerning the need
for greater legal expertise to be included in its membership. It was noted
that, upon the adoption of the optional protocol, States parties would need to
review such expertise when electing members of the Committee. While the
Secretariat would be expected to support the work of the Committee, the
expertise would also be needed in the Committee itself.
Element 27
102. Several delegations suggested that it might be necessary to specify the
number of ratifications that would be required for the optional protocol to
enter into force. While it was proposed that it could enter into force after
five instruments of ratification had been deposited, other delegations
suggested that the intention should be to have as many States parties as
possible ratify the optional protocol upon adoption. Other delegations also
considered that it was necessary to encourage as many ratifications as
possible and suggested that a higher threshold for entry into force might
facilitate this.
Element 28
103. While some delegations proposed that ratifying States parties should be
required to accept both procedures covered in an optional protocol, others
suggested that, similar to article 28 of the Convention against Torture,
States parties should have the opportunity to "opt out" of one of the two
procedures. It was suggested that any "opt out" provisions applied only to
the inquiry, and not to the communications procedure. It was recommended
that, even if the possibility existed, ratification of the optional protocol
ought to be without reservations as it dealt with procedural matters; others
stated that reservations might be needed to achieve a large number of
ratifications, but that reservations incompatible with the object and purpose
of the optional protocol should not be allowed, in accordance with established
principles of international law. It was noted that the first Optional
Protocol did not contain a no-reservations clause. Delegations also referred
to the discussion on reservations held under element 5.
C. Discussion on justiciability
104. In addition to its consideration during the general exchange of views and
of the elements contained in suggestion 7, the Working Group held a further
discussion on the question of justiciability. Statements were heard by two
members of the Human Rights Committee on this matter, followed by an exchange
of views with the Working Group.
105. Some delegations argued that all the provisions of the Convention should
be covered by an optional protocol, and that the question of justiciability
should not be an obstacle to its preparation. While noting different degrees
of specificity, in the Convention, of rights and of States parties'
obligations to grant rights, undertake activities and take appropriate
measures, they pointed to the legal character of the treaty, which needed to
be executed in good faith by States parties. They argued that it should be
left to the treaty body to determine in each case, and in a reasonable way,
whether a provision was justiciable or not, and whether a State party had
fulfilled its treaty obligations. Those delegations considered that the
objective of the Convention, namely equality of women and men in the enjoyment
of rights and the elimination of discrimination, and the purpose of an
optional protocol, namely to make the Convention more effective, would make it
possible for the supervisory body, on the basis of concrete cases, to
determine State party compliance. While noting a State party's margin of
discretion in implementing its obligations and determining measures to be
taken, it was also pointed out that a State party's actions in implementing
its treaty obligations were subject to meaningful scrutiny by a treaty body.
The important role of the optional protocol as a means of recourse for women,
and to strengthen enforcement of women's rights, was stressed.
106. Some delegations noted that the classical distinction into civil and
political rights as justiciable, and economic, social and cultural rights as
non-justiciable could, in the light of practice, case law and academic
writings, no longer be maintained. Elements from both could be found in
either category. Empowering the Committee to determine justiciability on a
case-by-case basis would also enable the further development of case law on
the question of justiciability of human rights provisions. It might also
stimulate States parties to create effective national remedies and recourse
mechanisms for women.
107. While recognizing the potential for difficulties in determining
justiciability of some provisions under an individual communications
procedure, a number of delegations cautioned against a categorization of
treaty provisions into justiciable and non-justiciable. They noted that that
would seriously impair the integrity and unity of the Convention and establish
a hierarchy of more and less important rights. The right to equality and
non-discrimination had in itself been accepted as justiciable by existing
human rights mechanisms, including the International Covenant on Civil and
Political Rights and Optional Protocol and the International Convention on the
Elimination of All Forms of Racial Discrimination. Regional mechanisms, such
as the European Convention, the Inter-American Convention and the African
Charter, contained different types of rights, offered individual
communications and/or inquiry procedures, but did not distinguish between
justiciable and non-justiciable rights.
108. Other delegations expressed their doubts about the inclusion of all the
provisions of the Convention under an individual communications procedure.
While they agreed that certain rights were quite specific and would thus lend
themselves to such complaints, others were of a general nature where the basis
for individual recourse would be difficult to determine given the State
party's margin of appreciation with regard to measures to be taken. Articles
3, 5 and aspects of 10 were mentioned as examples where difficulties in
implementing an individual right to petition would potentially arise. The
comparison with the national level, where civil and political rights were
justiciable, was made.
109. In that regard, some delegations were of the view that any decision on
justiciability should not be left to the Committee on a case-by-case basis,
but should be settled among member States. Differences between various legal
systems in determining exhaustion of domestic remedies and of standing would
also need to be addressed. The question of determining the exhaustion of
domestic remedies with regard to programmatic provisions of the Convention was
raised, including the assessment of exhaustion of non-judicial remedies. The
impact on third parties, that is, on private individuals, of provisions of the
Convention would also need to be addressed.
110. Rather than categorizing the provisions as justiciable and
non-justiciable, it was suggested that the purpose of the optional protocol
needed to be further reviewed and its applicability determined. An
admissibility criterion could be the reliable evidence of a consistent pattern
of gross violations of the rights guaranteed in the Convention, along the
lines of the 1503 procedure. It was also suggested that a solution could be
sought through the determination of the Committee's mandate, power, and the
type of recommendations it could pronounce at the end of a communication
procedure. In that regard, it was proposed that those would be of a
recommendatory, non-binding nature, allowing the State party ultimately to
reach a conclusion different from the Committee's. While under the more
specific provisions, the Committee's views could be very specific, in others,
the process would be more in the form of a dialogue between the Committee and
the State party.
111. Some delegations, noting the quasi-judicial nature of an optional
protocol, pointed out the need for Committee members to have legal expertise.
Other delegations, taking into account the composition of the Committee on the
Elimination of Racial Discrimination, stressed the usefulness of having
Committee members who were not lawyers, so that the combination of legal and
non-legal expertise could result in just and fair decisions.
General points
112. The addition of an element to cover the Committee's rules of procedure
under the optional protocol was proposed.
113. It was noted that a number of elements proposed for inclusion in the
optional protocol reflected the current practice of human rights bodies.
Doubts were expressed about whether they needed to be included in an optional
protocol, or should be left to the Committee to elaborate upon in its rules of
procedure. The development of a rigid instrument should be avoided.
Appendix
SUMMARY OF PRESENTATIONS BY, AND EXCHANGE OF VIEWS WITH,
EXPERTS OF THE HUMAN RIGHTS COMMITTEE ACTING IN THEIR
INDIVIDUAL CAPACITY
1. Mr. Rajsoomer Lallah noted that, while the International Covenant on
Civil and Political Rights did not cover all the provisions contained in the
Convention on the Elimination of All Forms of Discrimination against Women,
articles 2 and 3 of the Covenant dealt with equality and non-discrimination in
the enjoyment of the rights recognized in the Covenant, and article 26 dealt
with equality before the law and equal protection of the law. There were
currently 87 States parties to the first Optional Protocol.
2. Mr. Lallah reviewed the two stages of the consideration of a
communication, namely the determination of admissibility and the procedure on
the merits of a case. In referring to specific provisions contained in the
first Optional Protocol, he pointed to their progressive development through
the Committee's practice, including matters such as the exhaustion of domestic
remedies, the question of standing, interim measures and the follow-up to
decisions taken on the merits of a case. He discussed the written nature of
the procedure and admissible sources of information, the lack of any
investigative power of the Committee, and the treaty obligation of States
parties to remedy violations, notwithstanding the absence of mandatory power
in the Committee's views. He reviewed selected cases that the Human Rights
Committee had dealt with under article 26, noting that the Committee had found
that article 26 established a basic right to equality before the law, which
was not restricted to the rights under the International Covenant on Civil and
Political Rights. While conflicts in adjudication between different
procedures could be avoided through the establishment of admissibility
criteria, some overlapping might, however, not be wholly undesirable.
3. Ms. Cecilia Medina Quiroga and Mr. Fausto Pocar, speaking on the question
of justiciability, noted that the Committee on the Elimination of
Discrimination against Women could, under an optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women,
build on the jurisprudence already developed by the Human Rights Committee.
They agreed that, as the Convention itself was based on the principles of non-
discrimination and equality, all its other provisions could be linked back to
these principles. As the non-discrimination provision was recognized as
justiciable and subject to meaningful scrutiny by treaty bodies, they
considered all the provisions of the Convention to be justiciable. They
agreed that some of the Convention's provisions, including the requirement
that States parties take appropriate measures, might lead to certain
difficulties in assessing compliance. They stressed that a decision on the
justiciability of a provision should be left to the Committee, taking into
consideration a State party's obligations to implement its treaty obligations
in good faith, and in a reasonable way. Both experts strongly cautioned
against any a priori classification of rights into justiciable and non-
justiciable.
4. Furthermore, it was pointed out that no clear line could be drawn between
justiciable and non-justiciable provisions. As shown by the examples of a
number of articles in the International Covenant on Civil and Political
Rights, justiciability of a treaty provision was also a question of degree. A
number of the Covenant's provisions required a State party not only to respect
a right, but to take measures to ensure its enjoyment. The sufficiency of
such measures was assessed by the treaty body against the standards set out in
the treaty.
5. The availability of domestic remedies, including non-judicial remedies,
was seen as essential and their sufficiency would be subject to review by a
treaty body. This was especially so with regard to the right to non-
discrimination. It was stressed that the Convention granted rights to women,
even if its provisions were formulated as States parties' obligations. The
views expressed by the Human Rights Committee had the force of
recommendations. Noting the question of overlapping between procedures, the
experts pointed to the unique emphasis that the Convention on the Elimination
of All Forms of Discrimination against Women was placing on women within the
human rights system. With regard to reservations, an expert noted that in
principle, these were permissible under the first Optional Protocol. The
introduction of reservations to the International Covenant on Civil and
Political Rights through the Protocol was, however, not permissible.
Furthermore, while the Human Rights Committee was prevented from considering
reserved articles under the Protocol, that Committee had the competence to
determine whether a reservation was compatible with the Covenant and,
consequently, the admissibility of a communication.
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Date last posted: 15 February 2000 14:26:35
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