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61st Session of the UN Commission on Human Rights, Geneva
Distinguished members of the Commission I take the floor on behalf of Asia Pacific Forum on Women, Law and Development, a regional women’s network committed to advancing women’s human rights in Asia Pacific. We are in full support of the recent report to the Commission on Human Rights by the Special Rapporteur on adequate housing, Mr Miloon Kothari on Women and Adequate Housing(E/CN 4/2005/43) in which he emphasises that “A State’s obligation to eliminate gender discrimination is one of immediate effect and failure to do so constitutes a human rights violation”. We strongly encourage states to fulfill their obligation to eliminate all forms of gender discrimination.” We would like to draw attention to the summary of the report where he states that “The widespread prevalence of gender-based violence is a central thread in the fabric of human rights violations faced by women, including violations of the right to adequate housing and land”. Since violence against women is a critical factor in denying women their rights, we are concerned about the total absence of violence against women in the Millennium Development Goals (MDGs), its targets and its indicators. At a broader level, we are deeply concerned about the diversion of energies and resources to the narrow framework of MDGs, since the attainment of all the other goals, under MDGs, actually depends on achieving women’s empowerment, gender equality and the full range of women’s rights. We are concerned about the impact of recent We are also concerned about a worrying trend in some tsunami affected areas where people are being prevented from returning to the sites of their homes, due to private corporations coming in on their land. In Aceh, the military government launched a resettlement program which has forced people to live in hastily built “barracks” and they not allowed to go back to their villages. In Tamil Nadu, the Government, instead of providing boats and nets to the fishing community, is bulldozing fishing settlements on the coast clearing the beaches for tourism industries. It is reported that as many as 32 villages in the affected areas may be wiped out from the map of Cultural norms and practices have been long used to deny women equality. As a women’s organization, we feel strongly, that the realm of culture cannot be left untouched if governments are serious about their commitment to gender equality. In this light, we welcome the Special Rapporteur’s report for recognizing this and stating clearly that while respecting legal pluralism, human rights including gender equality must be respected in the application of law—be it customary, common or State law. In Asia-Pacific, women’s right to adequate housing is being further undermined. The forced relocation being carried out by the SPDC in Hill Tribe peoples in There is a large population of migrant domestic workers in These are some examples from the region, just the tip of the iceberg. In conclusion, we endorse the Special Rapporteur’s recommendations to continue the mandate on women and housing as women’s right to adequate housing is a critical area of concern. We urge the Commission to reformulate the mandate to address the interconnections between housing and land, property and inheritance as housing cannot be looked at in isolation from issues of land, property and inheritance. Further, the process of regional consultations with grass roots women themselves raising their concerns has built a momentum on the issue which should be harnessed. We further urge States and UN bodies to adopt the recommendations the Special Rapporteur makes in urging governments to ensure de-jure and de-facto women’s right to adequate housing, which includes adopting an indivisible approach to women’s rights, a substantive equality approach to gender equality and an intersectional approach to addressing the multiple forms of discrimination women face. [1] Women’s Human Rights Concerns in Tsunami Affected Countries, report by APWLD [2] Interlinkages between Violence against Women and Women’s Right to Adequate Housing: Proceedings of the Asia Regional Consultation, [3] Interlinkages between Violence against Women and Women’s Right to Adequate Housing: Proceedings of the Asia Regional Consultation, [4] The Dispossessed: A 1998 report of the Shan Human Rights Foundation [5] Interlinkages between Violence against Women and Women’s Right to Adequate Housing: Proceedings of the Asia Regional Consultation, Violence against Women and Indigenous Issues UN Commission on Human Rights 61st Session Geneva , 7 April 2005 NGO Statement Agenda Item 12: Violence Against Women Mr. Chairperson, I speak on behalf of the Asia Pacific Forum on Women, Law and Development. Mr. Chairperson, It has been almost three years since "Licence to Rape", a report detailing 173 cases involving rape of 625 women and girls, triggered an international outcry, since when sexual violence has been an issue at all UN forums relating to Burma. The UN Special Rapporteur on Human Rights in Burma has raised the issue in each of his special reports to the UNGA since 2002, and the UNGA Resolutions since 2002 on the situation of human rights in Burma have raised the issues of rape and other abuse of civilians carried out by members of the armed forces in Shan and other ethnic States. But has there been any improvement on the ground? The answer is "NO". The war is continuing, and political repression is worsening. The regime has persistently denied the prevalence of military rape. Yet, despite its efforts to block flows of information, reports of sexual violence have continued to reach us from Burma . In Shan State alone, a further 188 women and girls were raped by SPDC soldiers from 43 battalions, mostly in the central and southern areas where armed conflict is continuing. Of these women,
In no cases were the perpetrators prosecuted. Mr. Chairperson, Rapes and other forms of sexual violence are not committed by rogue elements within the military but are central to the modus operandi of SPDC. Structuralized and systematic human rights violations, including sexual violence, are an inevitable result of the regime’s policies of military expansion and consolidation of control by all possible means over a disenfranchised civilian population. Moreover, those raising the issue of state violence against women inside Burma and in host countries have been threatened and harassed by the authorities. It is clear that no woman or girl is safe under this military rule. Mr. Chairperson, Therefore, through this commission, we would like to appeal to members of ASEAN, countries in the region, and particularly Burma ’s neighbours, not to overlook human rights issues in their dealings with Burma , but to review their policies of constructive engagement, which are encouraging the SPDC to continue its policies of militarization and accompanying sexual violence. Mr. Chairperson, In your capacity as Chair of this session of the Commission on Human Rights, and as the representative of Indonesia , a member of ASEAN, we request you to use your good offices to call on the SPDC:
Thank you, Mr. Chairperson. 61st Session Geneva , 11 April 2005 NGO Statement Mr. President, I am speaking on behalf of the Asia Pacific Forum on Women, Law and Development. I would like to draw your attention to the policies of the Burmese military junta, which lead to thousands of deaths of women, particularly indigenous women, each year. Statistics gathered by the Back-pack Health Worker Team, which operates in Karen, Karenni and Mon States of Burma , reveal maternal mortality rates greater than 1000 maternal deaths per 100,000 live births. The official UNICEF figure for Burma is 180, while neighboring Thailand enjoys a rate of 36 deaths per 100,000 live births. This high maternal mortality rate is attributed to lack of access to health services. Only 4% of births in Burma are attended by skilled birth attendants, far lower than the regime 's official figure of 57%. The regime not only fails to provide services in these areas, but regularly hinders the ability of indigenous health providers to access women. The regime's troops often fire on local health workers, in clear violation of the principles of medical neutrality, as codified in the Geneva Conventions. Mr. President, Low levels of health services are in large part caused by the fact that the regime spends under 1% of GDP on the health and education sectors combined, while spending over 40% of the national budget on its army. The regime has doubled the size of its army to over 450,000 troops since 1988. It has spent billions of dollars purchasing arms and military equipment from foreign countries including China , India and Russia . Mr. President, The regime is fully responsible for the shockingly high maternal mortality rates in the indigenous areas of Eastern Burma . We would like to state again that the root cause of all the crises faced in Burma , particularly by the indigenous peoples, is the current system of military rule. Mr. President, Therefore, through this Commission, we would like to appeal once again to members of ASEAN (the Association of South East Asia Nations), countries in the region, and particularly Burma’s immediate neighbours, not to overlook human rights issues in their dealings with Burma, but to review their policies of non-interference and constructive engagement, which are prolonging military rule, which in turn sentences women, particularly in Burma's indigenous areas, to death. In your capacity as Chair of this session of the Commission on Human Rights, and as the representative of Indonesia , a member of ASEAN, we request you to use your good offices to call on the Burmese military regime:
Thank you, Mr. President. |