Re-Thinking Development Frameworks

Rural Women’s Vision of Development

29 February 2012; 15:00 – 16:30

New York City, Conference Room B, North Lawn Temporary Building

Is an economic growth model working for rural women?

Hear what rural and indigenous women from Asia Pacific have to say, as they share testimonies and key messages of their development goals.

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The event will include a short video on how “development” projects result in forced eviction for Cambodian women.

To attend, please contact misun@apwld.org by 15 February so we can reserve a special event pass for you to access the UN Building.

International Coalition condemns the harassment of Ms. Bimala Tamang and the National Alliance of WHRD Team

The Women Human Rights Defenders International Coalition (WHRD IC) is concerned about reports from our partners in Nepal – the National Alliance of Women Human Rights Defenders (NAWHRD) – regarding actions allegedly taken by the Government of Nepal to forcibly evict almost 8,000 persons living on the banks of the Bagmati River and to harass and obstruct those defending their rights.

Ms. Bimala Tamang, treasurer of the NAWHRD has reported to the WHRD IC that she is in hiding due to threat of arrest and continual harassment by government authorities. The WHRD IC is concerned that other members of her team have also been reportedly targeted by the government authorities due to their continual support for the communities under threat.

According to information made available to us, the government has issued notices of eviction to those living on the river bank in order to build a UN Park at the location. There does not seem to have an effective process of consultation with the affected communities, and no offers of alternative accommodation. In the face of the eviction order, the communities formed the National Squatter Forum to plan peaceful protests, as well as discussions with the Prime Minister and the Land Reform Minister.

The WHRD IC is especially concerned about reports that the Forum’s request for the government to collectively plan for eviction, if necessary, was met with continuing harassment and Police brutality. According to Ms. Tamang, on the 16th January police sent a van to search for the leaders of the movement at their homes, which forced the leaders – including Ms. Tamang – into hiding. During a rally held in the evening of the same day, police charged protestors with sticks, injuring many and arresting more than 40 people, but members of the NAWHRD escaped. On the 17^th, 500 people were arrested in their homes, including children and pregnant women.

Ms. Tamang also reported that the government authorities have also been harassing the WHRDs and community leaders through the local news and by phone.  The communities are being continually threatened with immediate forced evictions.

We deplore the failure of the Nepalese authorities to work with the community leaders to find a solution to the housing problems of so many people, for ignoring due process under UN guidelines, and the housing rights of its citizens.

The WHRD IC also urges the Nepalese authorities to fulfill their commitments under the UN Declaration on Human Rights Defenders as well as obligations under the Convention on the Elimination of All Forms of Discrimination against Women, and to ensure that women human rights defenders, especially those at NAWHRD, are able to carry out their legitimate human rights activities without fear of harassment, intimidation and physical injury.

The WHRD IC calls for the Nepal authorities to:

• Immediately withdraw the eviction notices, cease any evictions and carry out consultations to develop a plan in cooperation with the community and their leaders, including National Squatter Forum and the NAWHRD.
• Ensure that evictions are only carried out as last resort, and in full compliance with international human rights standards, including adequate prior notice and genuine consultation, exploring all feasible alternatives, and guarantees of effective opportunities to contest eviction orders in court, and, where evictions do take place, provision of adequate alternative housing and compensation.
• Cease the harassment and intimidation of the community and their leaders, who are using peaceful means in order to protect their rights.
• Fulfill their obligations under international law to protect all women human rights defenders, especially Ms. Bimala Tamang, the NAWHRD team and those working in the Bagmati River area, against reprisals and other violations.

The Women Human Rights Defenders International Coalition (WHRD IC) is a resource and advocacy network for the protection and support of women human rights defenders worldwide.

This statement has been individually endorsed by the following organisations:

Asia Pacific Forum on Women, Law and Development (APWLD)

FIDH and OMCT, including in the framework of the Observatory for the Protection of Human Rights Defenders

The Association for Women’s Rights in Development (AWID)

Women Living Under Muslim Laws (WLUML)

The zero draft fails to raise our enthusiasm, it lacks ambition, concrete proposals for global instruments necessary to address the shortcomings of the last 20 years, concrete targets and timelines and funding mechanisms.

The emerging crisis of climate change increases the urgency for an outcome document that reflects the urgent need for environmental justice.

Many women’s lives and livelihoods suffer from the current injustices. We feel that the sections 1 and 2 should strongly voice the failure of the neo-liberal system, where corporate interests have priority over human lives – and should acknowledge that small adjustments are not enough. A major paradigm shift is necessary.

Issues of land, energy and food are crucial to women. Women produce much of the world’s food but also disproportionally experience negative impacts from the extractive sectorand from agroindustry – landgrabbing, agrofuels, mining, poisoning with pesticides. Measures to ensure food sovereignty for local communities will support production of their own healthy, nutritious food, and reduce dependency on the agro-chemical industry and food dumping from the North.”

APWLD member Azra Talat Sayeed of Roots for Equity representing the Women’s Major Group

Read the full intervention here

This includes migration, violence against women, economic rights, political participation and discrimination in laws, policies and practices. Learn more on how ASEAN is relevant to you and how you WC can help you promote and protect your rights. Download the new Women’s Caucus on ASEAN brochure here.

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

Click here to see the full slide show

She also co-founded WARLAW (Women’s Action Research and Legal Action for Women), providing free legal assistance to dowry victims, and was instrumental in presenting a gender-neutral perspective to law in India. One of the founders of APWLD, she empowered women across Asia Pacific as a trainer in feminist legal theory and practices.

Rani was a friend and fellow activist. We all join APWLD in lamenting her loss.” – Hina Jilani, founding member APWLD; member UN Fact Finding mission on Gaza Conflict; former Special Representative of UN Secretary General on Human Rights Defenders

APWLD extends its sincere condolences to Rani’s family, friends and colleagues. Her tremendous leadership and inspiring legal mind will continue to mobilise our members and other activists in the women’s movement.

The Entire APWLD Family

We invite those who were touched by Rani’s life to share their comments below.

“I watched in deep appreciation as Rani, time and again, brandished her unique passion and form of legal feminism in cause after cause, in her lifelong hunger and thirst for gender justice and equality, always firmly-rooted in her context of law and her context of India.” – Clarence Dias, friend and legal colleague

Reflections on solidarity, activities and accomplishments set the tone for the annual meeting of the Southeast Asia Women’s Caucus on ASEAN. In just a short time, the Women’s Caucus (WC) has made a notable impact in advancing women’s human rights perspectives. Key achievements include a submission made to the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC) to influence its rules, procedures and work plan. In the process of engaging with ASEAN, linkages are made between regional and national concerns. Some of the participants shared their testimonies in their ongoing struggles to address women human rights issues at national level. Cambodia was pleased to announce that national representatives are increasingly getting aware of the WC and its objectives regarding women’s rights. Additionally, in Indonesia strong lobbying efforts have intensified relationships with government officials, and in Timor-Leste, dialogues between government agencies and interest groups have taken place. Timor-Leste has been involved in the Women’s Caucus in the anticipation that it will soon be a member of ASEAN.

The ASEAN Intergovernmental Commission on Human Rights (AICHR) is currently drafting the ASEAN Human Rights Declaration (AHRD). Seeing that this is the first time that a regional human rights document is being drafted, the WC made its submission of guiding standards and inclusions to reiterate the importance of including women’s human rights in this historic document. Between the AHRD submission and dialogues with ASEAN officials, the WC has been recognised as a serious stakeholder in ASEAN.

In a WC assessment group activity, the stronger relationship between regional and national women’s movements was cited as a positive development. During the three-day meeting, participants also looked back at how the Women’s Caucus has evolved in the past few years using a unique visual exercise. Stations featuring key Women’s Caucus events were presented by date throughout the room. The number of participants at each station increased, visually displaying the growth of the Women’s Caucus membership, especially in recent years.

During this annual meeting, the structure of the WC was also high on the agenda. The coordinating group was affirmed and includes APWLD, IWRAW-AP and the representatives of the three countries, which represent the past, present and future of the ASEAN chairship. The coordinating group plays a large role in strengthening members at national level.

As part of enhancing the movement, the WC assured the participation of young women and others who attended a WC meeting for the first time. “During this time, we have been sharing a lot of ideas. Although we might have differences regarding religion, country, our objective is the same and it is for the equality of women,” said an appreciative first time participant from Indonesia. An eighteen-year-old woman from Cambodia reflects: “I now understand more of the Women’s Caucus and gained more experience in Bali at the meeting, including how to strategically implement programs in my country. Another thing I learned from this meeting is how regional meetings are organised.”

The WC activities and equality message are seeing a broader audience and as dialogue continues the women in the region are confident that the space for CSOs to engage with ASEAN will continue to develop. The annual meeting was organised and held by the Southeast Asia Women’s Caucus on ASEAN from November 23 to 25, 2011 in Bali, Indonesia.

APWLD organised the 2011 Asia Pacific Regional Consultation, ‘Women’s Rights to Development’ on 26-27 October 2011 in Phnom Penh, Cambodia. Both the UN Independent Expert on cultural rights and on foreign debt attended.

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