Sole woman parliamentarian dragged by police in Papua New Guinea

Port Moseby: Human rights activist and sole Papua New Guinea (PNG) female elected parliamentarian Dame Carol Kidu was dragged by police Saturday while protesting the illegal eviction and partial demolition of Paga Hill Settlement, housing some 2,000 residents.

Dame Kidu went to the site to investigate claims of demolition and upon arrival was confronted by police. According to a statement from her daughter Dobi Kidu, the police, “told her she was obstructing justice and two policemen held her by the arms and started dragging her. She told them to let her go as they were hurting her only to be shouted at that she was resisting arrest.”

Development plans have been in the works by Paga Hill Holdings, who has been been said to claim a commercial title to the land. According to activists, PNG Prime Minister Peter O’Neill had earlier said the government would not remove residents there, stating, “I am now informed these portions of land were obtained fraudulently including the fringe of land next to the wharf.” Settlement tenants include the government-owned National Housing Corporation, the Police Legacy, National Parks, and Kikori settlers, original residents of land in southern PNG.

APWLD is concerned both about the infringements on the right to housing and livelihood of those living there, many of whom are women and children, as well as the attacks on human rights defenders. The incident follows similar attacks in Kathmandu, Nepal earlier this week with a demolition of a housing settlement. “These attacks and infringements on the right to housing and property are attacks on the poor,” said Kate Lappin, Regional Coordinator of APWLD. “Too often governments are discarding the rights of the poor, most of whom are women, in favour of the interests of corporations”.

A court order filed by residents has been successful in suspending the demolition; however nearly half of the houses and community buildings of the settlement have already been destroyed.

APWLD is calling on the government to guarantee that the residents will be provided with housing, services and the enjoyment of their economic and social rights, including compensation. We also expect to see an investigation into the incident including the assault on Dame Carol Kidu, the settlers and journalists. The matter will be brought to the attention of the UN Special Rapporteur on the Right to Adequate Housing.

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APWLD is Asia Pacific’s leading feminist, membership driven network. We hold consultative status with the Economic and Social Council of the United Nations. Our 180 members represent groups of diverse women from 25 countries in the region. For nearly 25 years APWLD has been empowering women to use law as an instrument of change for equality, justice, peace and development.

Photo credit: Sam Moko

STATEMENT OF FEMINIST AND WOMEN’S ORGANISATIONS ON THE VERY LIMITED AND CONCERNING RESULTS OF THE 56^TH SESSION OF THE UN COMMISSION ON THE STATUS OF WOMEN[1]

We, the undersigned organisations and individuals across the globe, are alarmed and disappointed that the United Nations Commission on the Status of Women (CSW) failed to adopt agreed conclusions at its 56^th session. This failure has diminished the considerable work, energy, time and costs that women all over the world invested on the 56^th session of the CSW.  The advancement of women’s human rights should not be put on hold because of political battles between states.  We say NO to any re-opening of negotiations on the already established international agreements on women’s human rights and call on all governments to demonstrate their commitments to promote, protect and fulfill human rights and fundamental freedoms of women.

We  are particularly concerned to learn that our governments failed to reach a consensus on the basis of safeguarding “traditional values” at the expense of human rights and fundamental freedoms of women. We remind governments that all Member States of the United Nations (UN) have accepted that “the human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights” as adopted by the 1993 World Conference on Human Rights in Vienna.   Governments must not condone any tradition, cultural or religious arguments which deny human rights and fundamental freedoms of any person.  After more than 60 years since the Universal Declaration of Human Rights (UDHR) was embraced and adopted by the UN, the relationship between traditional values and human rights remains highly contested.  We affirm the UDHR as not only ‘a common standard of achievement for all peoples and all nations’ but a common standard of assessment for all traditional values.  The UDHR is an embodiment of positive traditional values that are universally held by this community of nations and are consistent with the inherent dignity of all human beings.  We remind governments that under the Charter of the United Nations, gender equality has been proclaimed as a fundamental human right.  States cannot contravene the UN Charter by enacting or enforcing discriminatory laws directly or through religious courts nor can allow any other private actors or groups imposing their religious fundamentalist agenda in violation of the UN Charter.

“No one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor limit their scope.  Not all cultural practices accord with international human rights law and, although it is not always easy to identify exactly which cultural practices may be contrary to human rights, the endeavour always must be to modify and/or discard all practices pursued in the name of culture that impede the enjoyment of human rights by any individual.” (Statement by Ms. Farida Shaheed, the Independent Expert in the field of cultural rights, to the Human Rights Council at its 14^th session 31 May 2010)

Amongst other things, it is alarming that some governments have evoked so-called “moral” values to deny women’s sexual and reproductive health and rights. Sexual and reproductive rights are a crucial and fundamental part of women’s full enjoyment of all rights as well as integral to gender equality, development and social justice.  Social and religious morals and patriarchal values have  been employed to justify violations against women. Violence against women, coercion and deprivation of legal and other protections of women, marital rape, honour crimes, son preference, female genital mutilation, ‘dowry’ or ‘bride price’, forced and early marriages and ‘corrective rapes’ of lesbians, bisexuals, transgender and inter-sexed persons have all been justified by reference to ‘traditional values’.

We remind governments that the CSW is the principal global policy-making body dedicated exclusively to gender equality and advancement of women with the sole aim of promoting women’s rights in political, economic, civil, social and educational fields.  Its mandate is to ensure the full implementation of existing international agreements on women’s human rights and gender equality as enshrined in the Convention on  the Elimination of All Forms of Discrimination Against Women, the Vienna Declaration and Programme of Action, the Declaration on the Elimination of Violence against Women, the Beijing Declaration and Platform for Action and the International Conference on Population and Development Programme of Action as well as other international humanitarian and human rights law.

We strongly demand all governments and the international community to reject any attempt to invoke traditional values or morals to infringe upon human rights guaranteed by international law, nor to limit their scope.  Customs, tradition or religious considerations must not be tolerated to justify discrimination and violence against women and girls whether committed by State authorities or by non-state actors.  In particular, we urge governments to ensure that the health and human rights of girls and women are secured and reaffirmed at the coming Commission on Population and Development and the International Conference on Sustainable Development (Rio+20).  Any future international negotiations must move forward implementation of policies and programmes that secure the human rights of girls and women.

We call upon the member states of the UN and the various UN human rights and development entities to recognise and support the important role of women’s groups and organisations working at the forefront of challenging traditional values and practices that are intolerant to fundamental human rights norms, standards and principles.

ASIA PACIFIC FORUM ON WOMEN, LAW AND DEVELOPMENT (APWLD)

ASSOCIATION FOR WOMEN’S RIGHTS IN DEVELOPMENT (AWID)

INTERNATIONAL WOMEN’S HEALTH COALITION (IWHC)

INTERNATIONAL WOMEN’S RIGHTS ACTION WATCH ASIA PACIFIC (IWRAW ASIA PACIFIC)

WOMEN LIVING UNDER MUSLIM LAWS (WLUML) / VIOLENCE IS NOT OUR CULTURE CAMPAIGN

YOUR NAME HERE

This will be submitted to UN Member States, CSW and other relevant UN human rights and development entities. Endorse here. The deadline is 5 April 2012.

Download the statement in:

FRENCH

SPANISH

More information:

Download the statement here: Statement from Women’s Organisations on CSW

Click here to read statements from Norway and the EU supporting women’s human rights

Click here to read UN Women’s Michele Bachelet “Impasse at CSW deeply regrettable”

Mr. Kumara has reported receiving repeated threats and intimidation, as well as being under surveillance since February 2012 following protests by fisherfolk in the Chilaw (Puttalam district) and Negombo (Gampaha district) areas. They were protesting an increase in fuel prices by the Sri Lankan government.

An official complaint was filed at the Pannala Police Station and an English translation of his written statement has been posted on the Asian Human Rights Commission website.

APWLD condemns these human rights violations and urges the Sri Lankan government to:

1. Ensure a full investigation is immediately conducted into Mr. Kumara’s complaint filed with police;

2. Ensure the safety and security of Mr. Kumara, his family and staff of NAFSO;

3. Uphold the rights of human rights defenders under the Sri Lankan Constitution and follow its commitments as a signatory to international human rights instruments.

Letters of support may be sent through the Asian Human Rights Commission.

Please circulate this widely to your networks.

In solidarity,

Asia Pacific Forum on Women Law and Development

Links and articles:

NAFSO website with interview with Herman Kumara

“A plot to kill or otherwise harm the human rights defender Herman Kumara” Tamil News Network

“Media smear campaign, threats and intimidation against human rights defender Mr. Herman Kumara” Lankan News Web

In this case, Noorfadilla was unable to work as a temporary teacher because her employers withdrew the accepted offer when they learned of her pregnancy.

One of the arguments put forward by her legal team was the violation of her constitutional rights under Article 8(2) of the Federal Constitution that she was discriminated on the ground of gender due to her status as a pregnant woman.

Noorfadilla’s co-counsel was Honey Tan, one of APWLD’s dedicated trainers for our Feminist Legal Training and Practice (FLTP).

This is a groundbreaking case. The judge held that the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to which Malaysia acceded in 1995, has the force of law in Malaysia. Click here to read the Grounds of Justice.

We need your vote to make Noorfadilla the best case of 2011 for the Gender Justice Uncovered Awards. The awards are given to the best and worst cases affecting women from around the world. Click here to read more about the awards and to vote!

Let’s make sure this precedent-setting case gets the attention it deserves, to serve as an example of gender justice in Asia Pacific and help influence future cases!

Cambodia: Borei Keila Settlement

January 12, 2012 – In early 2003, Phnom Penh’s Borei Keila settlement became a test case for a new model on relocation of Cambodia’s urban poor. At least 1,770 families lived on prime land near the city center, which authorities wanted to redevelop. The residents did not want to leave their homes.

As part of a compromise, the parties came to a “land-sharing” agreement, with the construction corporation, Phan Imex, to build 10 buildings to host all of Borei Keila residents in exchange for being allowed to commercially develop the remaining 2.6 hectares of land.

In April 2010, Phan Imex unilaterally reneged on the agreement, having only constructed eight buildings, leaving roughly 300 Borei Keila families excluded from the original agreement. On January 3, 2012, Phan Imex proceeded to destroy these homes with the help of armed state forces.

On 11 January, 30 women and children in Cambodia were arrested in the country’s capital, Phnom Penh, for protesting against this forced eviction.

Boeung Kak Lake

In 2007, almost 4,000 families living near Boeung Kak Lake were stripped of their housing rights. After women-led groups conducted intensive lobbying, the municipality agreed to give land to some families, but arbitrarily left others homeless. Developer Shukaku Inc. has now torn down the remaining homes to start development. LICADHO released this video at our Asia Pacific Regional Consultation on “Women’s Right to Development” with UN Special Procedure Mandate Holders in October.  It looks at three incidents showing the impact on women within communities affected by forced evictions. These abuses are perpetrated in the name of “development”.

21 January 2012: Further violence as military shoots land protesters in Northeastern Cambodia: Click here for more information

25 January 2012: The Phnom Penh Post:  Evictees unite for anniversary

As a result of the Consultation, the Independent Expert on the effects of foreign debt will focus his next report to the Human Rights Council (June 2012) on the impact of debt on women’s rights. This is great news! But we want to make sure it includes the perspectives of APWLD members.

On the topic of women and debt, please send us relevant information, cases studies and testimonies that you already have. The mandate of the Independent Expert goes beyond the issue of ‘foreign debt’ and also includes other related international obligations of States. Therefore the mandate addresses the impact of measures imposed by international/ regional financial institutions on women’s human rights. Please consider this when you send us information.

We request that you send the information by 22 January 2012 to Ms. Tatjana Bosevska at tatjana@apwld.org.

To help your submission, here are some questions to guide you. But, if you have existing information, case studies and testimonies of women on the impact of debt and other international obligations of states, please send them to us.

We look forward to hearing from you by 22 January 2012.

UN Report on Foreign Debt- Questions

Gender-responsive adaptation & low carbon development

The role of rural and indigenous women in Asia, Africa and the Pacific

Side Event, Durban COP17

Thursday, 1 December 2011 | 11.30 | Blyde River Room (DEC)

Welcome: Dorah Marema (GenderCC, South Africa)

Speakers

Vernie Yocogan-Diano (APWLD/CWEARC/Innabuyog, Philippines): Rural Women`s Adaptation Strategies – Indigenous Practices

Kurukulasuriya Antanat Roshanthi Fernando (APWLD/SVFWO/NAFSO, Sri Lanka): Adaptation Strategies of Women in Small Scale Fisheries

Elizabeth Letlhaku (Siphephile Waste Recycling Cooperative, South Africa): Grassroots Experiences with Climate Change and Coping Strategies, Financial Needs

Ruiti Uriano Aretaake/Ulamila Wragg (GenderCC, Kiribati & Cook Islands): Gender responsive adaptation strategies in the Pacific Region

Facilitators

Frances Quimpo (APWLD, Philippines)

Bettina Peifer (GenderCC, Germany)

Contact: Tomoko Kashiwazaki Email: riwwenpo@apwld.org Mobile: +27 (0) 729908706

Side Event Durban COP17, 1 Dec Rural, Indigenous Women

2011 has been one of the most devastating years for flooding in Asia and in many parts of the world. Thailand is facing its worst flooding in 50 years, with flood water swamping more than 28 provinces, destroying rice fields and shutting down hundreds of factories. Over 2.6 million families and businesses have been impacted and 356 people killed.

Natural disasters and extreme weather events severely impact women and often lead to violations of their human rights. These disasters produce very gender-specific aftershocks, from lack of adequate sanitation, clean water and health services, to increased violence and security risks and land violations. Women are also marginalised, discriminated and excluded from the process of relief and rebuilding efforts. APWLD recognised this need when we created our Climate Justice programme, to equip our rural and indigenous members to have a voice in local and international policy making around global warming.

We call on supporters to help Thailand rebuild. Various organisations are accepting donations, such as the Thai government and Thai Red Cross.  Please click here for general donation information.

Also APWLD welcomes donations to be sent to its bank account to be forwarded to relief efforts for women:

• For more information about climate change and its gender impact: Women and Climate Justice

This is a call for workshop proposals! Would you like to run a workshop at the Forum? Do you know of a great facilitator for the Forum?

Download APFF Workshop Proposal here

For more information, please contact: june@apwld.org

Recent examples of the cascading series of human rights violations:

On 30, June, 2011, two members of Higaonon IP organisation Linundigan were killed by members of the paramilitary group Salakawan, after a claim was made for their ancestral land by one of Salakawan’s members, Laging Binsalan. Datu Lapugotan and Solte San-ogan were fatally shot when Lapugotan’s home was attacked while the family, including his wife, four children aged one to 14 years old, and nephew San-ogan, were sleeping. In September 2009, Lapugotan’s brother Dat Mampaagi was also murdered by paramilitary groups, when he opposed the entry of mining companies in their ancestral domains.

Following the attacks, both widows of Lapugotan and Mampaagi, Mayse Belayong and Bae Adelfa, were threatened by the paramilitary groups and have had to relocate to safe houses, and find new livelihoods. Other women community members have also been forced to seek shelter from the conflict area, with men staying behind to farm. The women consequently carry the burden of establishing new homes for their families and begin rebuilding their community.

We call on President Aquino and the Philippine government, including the Commission on Human Rights, the National Commission on Indigenous Peoples and the Department of Justice to:
- Investigate the murders of Datu Lapugotan, Solte San-ogan and Datu Mampaagi by paramilitary groups;
- Investigate the threats made against women in the community, charge those responsible and provide reparations to the survivors and the families of the victims;
- Investigate the other cases of extrajudicial killings, harassment and torture of Indigenous Peoples;
- Disband and disarm paramilitary groups in Indigenous Peoples communities;
- Uphold its commitment to international standards, including the United Nations Declaration on the Rights of Indigenous Peoples (Art.32, sec.2).

We stand by the rights of the Indigenous Peoples to their ancestral domains and to their right to self-determination, and support their struggle for the integrity of their culture and traditions.

As these human rights violations continue to escalate, immediate action is necessary. Read and sign the petition letter here!

This petition is with the support of Madagway Babaeyon, a non-governmental IP organisation, a partner of AMIHAN Northern Mindanao for various campaigns for women’s human rights. The organization is also a member of the International Women’s Alliance.

Madagway Babaeyon works for the empowerment of Lumad women in their defense of their Ancestral Domains against development aggressions that destroy their lands and consequently transgress against the very fabric of their culture which is primarily dependent on nature.