180 countries have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Despite enjoying such large membership, CEDAW has the largest number of state reservations. This fact says much about the international community and its commitment to women’s rights. The last decade has seen much advancement in the recognition of women’s human rights at an international level with the BPFA, +5, +10 and the 1993 Vienna programme of Action among others. While women’s rights have been a popular international initiative, they have also stirred profound disagreements. As Radhika Coomaraswamy stated, relative to other fields, women’s human rights “are more fragile, have weaker implementation procedures and suffer from inadequate financial support from the United Nations” . They are also more likely to be derogated by the competing interests of other parties, particularly in the name of culture and religion. In this way, culture becomes a euphemism for patriarchy. The values of patriarchy continue to be the most persistent threat to women’s human rights.

This year, the HR system of the UN has vividly illustrated the tenuous commitment of the international community to women’s human rights. At the Commission on the Status of Women, the US pushed to amend the paragraph in the political declaration reaffirming the BPFA specifying ‘provided that they do not create any new international human rights, and they do not include the right to abortion’. This is just one example of the pervasive attacks on the gains made by the women’s movement during the last decade. The ‘political declaration’ of the CSW also demonstrated the subtle erosion of human rights language when affirming women’s human rights through its bland statement. So too do the popular Millennium Development Goals which fail to adequately address women’s human rights. While the strong activism and presence of women at the Commission stopped the opening up of the BPFA for re-negotiation, it demonstrated the current challenges for the women’s movement at the international level – that even holding onto the gains already made is a struggle.

The current reform of the UN human rights system is a further area of concern for women’s rights. The proposed reforms will diffuse women’s critical engagement with the human rights system and will radically reduce the ability of women from the ‘global south’ to access and influence the human rights system as it will meet in New York many times a year rather than for a 6 weeks period when NGOs can converge, lobby and strategically influence the proceeding. A critical review of our engagement with the UN system and future strategies will be essential.

At a national level, the last decade has seen little reflection of the achievements gained at an international level in the lives of women. In the last report of Radhika Coomaraswamy as UNSRVAW, she stated that although nearly every country in the world had made some step to address VAW, implementation of these laws was lacking . This statement is true in many other areas of women’s human rights, including sexual and reproductive rights. In other areas, we are in fact seeing the rolling-back at an international and national level of the gains the global women’s movement have made particularly in the context of economic globalisation, increasing militarism and fundamentalisms in the region.

Increasing fundamentalisms continues to be an area of critical concern for women’s human rights as increasingly prohibitive demands and restrictions are imposed on women in the guise of collective values. Increasingly in some parts of the region, states are codifying fundamentalist values into the formal legal system, privileging culture and religion over women in our constitutions and laws as political concessions to powerful sectors of the community. The principles of secularism, liberalism and pluralism have become 'dirty' words and women organising for the realisation of these principles are attacked and repressed by both state and non-state actors. The increasing attacks against women human rights defenders at the hands of both state and non-state actors is an alarming trend which is intricately entwined in the region with the forces of fundamentalisms as well as globalisation and increasing militarism.

To respond to these concerns, the Women’s Human Rights Working Group (WHR-WG) had the following objectives for the programme:

1. To promote the Women’s Human Rights framework in APWLD’s programmes and among its members and partners;
2. To protect the space of women to defend their rights;
3. To enhance the understanding of emerging issues of women’s rights in programmes of APWLD and among members.

Given the WHR Working Group only had its first Working Group meeting in January 2004 (a full year behind other Task Forces) the Working Group is still in the process of completing some activities and objectives within this shortened programme cycle.

Feminist Legal Theory and Practice training (FLTP)

Training for Staff and APWLD Members

An FLTP workshop for staff and members of APWLD was conducted from 4-6 February, 2005 in Chiang Mai, back-to-back with the Regional Council and Programme and Management Committee meetings. The rationale of holding an FLTP workshop was to familiarise our own staff and members on the FLTP framework and the training since most of the staff and members of APWLD had never had the opportunity to do so. Moreover, the FLTP training is one of the oldest training programmes of APWLD and it has the articulation of APWLD’s position on the use of law for advancing women’s rights.

The specific objectives of the training were:

• to familiarise APWLD staff and members with the FLTP framework;
• to serve as a venue for APWLD members to share experiences in using law in advocacy on women’s concerns;
• to identify and discuss issues and dilemmas encountered by women’s rights advocates in their use of legal strategies to address women’s concerns;
• to explore possibilities for use of the FLTP framework in different programmes of APWLD and in the work of its partners.

The workshop was facilitated by Imrana Jalal and Lynnsay Francis Cook, APWLD members from the Pacific. WPPP Task Force member from India, S.K Priya, also conducted a session. The participants were members of all the Task Forces and the Working Group, members of the Regional Council and the Programme and Management Committee and all the staff from the Secretariat. Some members from the Thai Association of APWLD also joined the meeting. The three days were characterised by challenging discussions, thought provoking arguments and a rich diversity of views coming from diverse political positions. The workshop was a good reflection of the diversity within APWLD and yet the beauty of such diverse members coming together under one network.

The feedback from participants, sought through feedback forms, was very positive. All the participants found the training very useful, some even found it “excellent”. Some of the reasons they found it useful were:

• it provided a chance to exchange country experiences;
• it gave them greater information on feminism, human rights and law (the substance, structure and culture of law);
• it gave them an opportunity to delve into the different schools of thought of feminism in greater details;
• it served as an “eye-opener” to the feminist critique of law;
• it provided a specific tool which could be used in their work with women.

Through the feedback form, the participants shared diverse ways in which they would be able to use what they learnt in their work including: for staff training within their own organisations; for lobbying and advocacy on women’s rights issues; using the content of FLTP for the para-legal trainings; for drawing up a model Islamic law; in their teaching at the university etc.

Feminist Legal Theory and Practice Training for East and South-East Asia:
FLTP training for East and South-East training was organised in Jakarta, Indonesia from 25-29 July 2005. The training was attended by 19 participants from different countries in South-East Asia, and for the first time, East Asia. The training provided an opportunity for women and human rights activists to explore how the utilisation of a feminist perspective to the law can transform women’s situations.

FLTP training seeks to challenge the traditional notion that law is a neutral, objective, and rational set of rules, unaffected by the perspective of those who possess the power inherent in the legal institutions.  It seeks to address the social, cultural and political contexts that shape the legal system. The basic thrust of the training is: feminism as its core, human rights as its foundation and law as an arena of women’s struggle.

The specific objectives of the training were:

• to serve as a venue for participants to share experiences in using law in advocacy on women’s concerns;
• to develop greater understanding of gender, discrimination, equality, law and human rights;
• to identify and discuss issues and dilemmas encountered by women’s rights advocates in their use of legal strategies to address women’s concerns; and
• to enhance the capability of participants to effectively challenge discriminatory laws and practices in their countries by feminist, rights-based legal practice and by applying international conventions and precedents for advancement of women’s rights. 

The feedback from the training was very positive. Participants said that the training gave them a new understanding that to really understand the law and its impact on women we must look at how it is implemented and interpreted. Participants also stated that they learnt from sharing and examining examples of women engaging with the law in other countries the empowering and disempowering potential of the law as well as effective strategies to use to promote an empowering engagement with the law.

Participants were asked how they will use the training in their work. Participants stated that they would use the strategies and principles learnt in law reform work and feminist litigation; conduct similar trainings at a national level; incorporate principles and learnings from FLTP in their trainings and conferences; use the contacts and networks made with APWLD and other participants for further knowledge and skill sharing.

Follow-up feedback was done with participants 3 months and 6 months after both the training for staff and members and the training for the South-East and East Asian region. All participants said that they were able to practically apply the learnings from the FLTP training in their work including: developing FLTP trainings at a national level; conducting workshops at a community and national level for legal practitioners and women engaging with the law on FLTP; experiences shared at the training were used to bridge the gap between theory and practice in courses on women and law; and the training gave new insights into critiquing and analysing laws and policies at a national level.

A procedural report from the training has been drafted and is in the process of being printed. This publication will be distributed to participants, WHR-WG members and other interested parties.

Several requests for FLTP trainings have been received by APWLD. APWLD members from Indonesia have requested APWLD’s assistance and expertise to hold a FLTP training for Indonesia women lawyers and activists in 2006. APWLD members from Kyrgyzstan and Kazakhstan have expressed the desire to host a FLTP training in Central Asia. APWLD received many applications from individuals and organisations outside of South-East and East Asia requesting to attend the FLTP training in July 2006.

One of the three trainers in this FLTP training was conducting this training for the first time after participating in the Training of Trainers (TOT) which APWLD conducted in 2002. In this way APWLD is diversifying its pool of trainers to meet the many requests for FLTP trainings.

Feminist Legal Theory and Practice Training Manual

The Feminist Legal Theory and Practice Manual is intended as a tool for trainers/facilitators whose skills and experience will enable them to adapt its methods and substance to fit specific audiences. It aims to help women and men who are concerned about gender discrimination and human rights and wish to become effective communicators, to be able to share both their passion and knowledge on feminisms, law, and human rights. This FLTP Training Resource Manual is a work in progress. As such it is put together in a way that will allow its users to build on it, add relevant materials and update its contents.

The manual is divided into two general sections. The first section contains four parts that include background information, sessions, and suggested activities. Each chapter leads to the next and at the same time can be read and used independently. At the end of this manual are suggestions on how to structure FLTP workshops for specified durations. The second section contains resources for the trainer, including training aids such as presentations, handouts, suggested readings for participants, and additional cases studies.

The Manual will be used during APWLD’s FLTP trainings, particularly to guide new trainers of FLTP trainings as APWLD continues to expand its FLTP training pool. The Manual will also be distributed to interested parties who can use the Manual to conduct Feminist Legal Theory and Practice trainings at a national or local level.

International Women Human Rights Defenders Campaign

As a build-up to the International Consultation on WHRDs which took place on 29 November – 2 December 2005 in Colombo, Sri Lanka, the following activities were conducted:

a. Women Human Rights Defenders Workshop at CSW, 3 March 2005, New York
APWLD along with some other members of the International Coordinating Committee of the Women Human Rights Defenders Campaign, organised a side-event workshop at CSW on WHRDs at the 49th Session of CSW held in New York from February 28—March 11, 2005. The objective of the workshop was to share with a wider audience of women the growing persecution that WHRDs face as women and because of the issues that they work on. The discussion focused on who is a HRD (Human Rights Defender) and who is a WHRD (Women’s Human Rights Defender) and why there is a need to discuss WHRDs as a separate category.  Moreover, the discussions highlighted once again that WHRDs have to be contextualised in the current context of the legitimisation of repressive laws post 9-11 and growing criminalisation of human rights work by states.

The diverse range of speakers from members of Women Living Under Muslim Laws to representatives of Centre for Women's Global Leadership and International Gay and Lesbian Association, shared instances of specific persecution that WHRDs face. Women from Uganda, Nepal and Burma also shared their experiences as WHRDs in their specific countries and contexts. The plan of organising the international consultation on WHRDs resonated well with the participants and several participants showed interest in being part of the campaign.

b. Side-Event on Defending Women Defending Rights at the 61st Session of UNCHR, April 8, Geneva
The side event was attended by around 60 persons. The discussion revealed that sexuality rights is one of the most resistant issues resulting in women working on sexuality rights issues facing increased levels of persecution. This includes ‘sexuality baiting’ (attacking and undermining a woman’s reputation, character and legitimacy by targeting her sexuality) and treating them as sexual ‘perverts’. 

WHRDs also shared how women’s issues are trivialised not just in the wider community but in the HRDs circle as well. Several speakers also shared the immense amount of pressure single or unmarried WHRDs face and the constant pressure they are under to get married and have babies in many parts of the world. Women from across the region shared how WHRDs are perceived as ‘home breakers’. Even simple matters are a challenge for WHRDs as opposed to HRDs. For instance, if WHRDs have to travel for their work and sleep in hotels, they are perceived as prostitutes. Moreover, sexual harassment of WHRDs is a pervasive issue. One of the speakers even suggested that we should have a Special Rapporteur on single women. Another important point that seemed to emerge was that WHRDs need to stop feeling guilty.

The discussion on WHRDs was followed by the discussion on the International Campaign which was well received. Several women attended the both discussions and showed keenness in participating in the campaign and Consultation.

c. The Third ICC Meeting, 9-10 April 2005, Geneva, Switzerland
For preparation of the International Consultation on WHRDs, the International Coordinating Committee of the International Campaign on WHRDs met for the third time in Geneva during the 61st Session of UNCHR. The meeting was critical in deciding important aspects of the International Consultation including the date, the venue, the different committees which will help prepare for the Consultation, etc. It has been decided that the International Consultation will be held from 29 November - 2 December 2005 in Colombo, Sri Lanka and Inform will be the local host organisation. APWLD is on three committees, the Participants’ Committee, for which it is the focal point, the Programme Committee and the Executive Committee. The Programme Officer of APWLD prepared the documents (including the document on selection process and selection criteria; as well as the nomination and scholarship form) in accordance with APWLD’s role as the focal point of the Participants Committee. APWLD is also on the Executive Committee of the campaign.

d. The Fourth ICC Meeting, 2-4 July 2005, London, UK
A final meeting of the ICC was held in London from 2-4 July 2005. This meeting was called to finalise key matters for the Consultation, including participation and selection process; documentation; media and communication strategies; monitoring and evaluation and the programme, including speakers. The ICC members present broke into the different Committees to discuss each of these areas and then report back to the ICC. Most time was dedicated to the programme which required a re-working of the framework to ensure that the full spectrum of issues affecting WHRD are reflected in the Consultation and outcomes and points of action from the Consultation encompass the full extent of WHRD risks and vulnerabilities. Thus the framework of the programme was broadly defined as follows: (I) Who are WHRDs;  defining the concept clearly since it is easy to keep slipping into violations of women’s rights in general; (II) rights and entitlements;  (III)  Mechanisms and Tools for the Protection of WHRDs; (IV)  Accountability and Justice for WHRDs. Each plenary and their objectives were defined and speakers were identified where possible. Tasks were delegated between programme committee members with APWLD and ISHR (International Service for Human Rights) jointly taking responsibility for the programme on Day 2 of the Consultation including identifying, inviting and briefing speakers and moderators and drafting guidance notes for speakers and workshop organisers. APWLD also took responsibility for organising 2 workshops on Day 2 of the programme on protection of WHRD in the context of ‘State Repression’ and ‘Family and Community’ in conjunction with Amnesty International.

The ‘political perspectives paper’ was reviewed and a decision made to shorten the paper and call it rather a paper to ‘explain and contextualise’ the campaign. The Executive committee (of which APWLD is a member) met at the end of the meeting and discussed and approved the budget, contracts and other financial matters.

e. Programme Committee of ICC meeting, 26 October 2005, Bangkok, Thailand
As a member of the programme committee, APWLD met with the ICC programme committee for the last time in Bangkok on 26 October before the International Consultation. The meeting was called to make final decisions and revisions to the programme including re-structuring some sessions, reviewing the workshops and making decisions on plenary speakers. A number of workshops were added to Day 2 of the programme on ‘protection of WHRD and prevention of abuse against WHRD’ based on a discussion of the gaps in the existing workshops based on current and emerging contexts affecting WHRD around the world. The following workshops were added: ‘Corporate Actors in the Context of Neo-Liberal Globalisation’ and ‘Security Imperative and War on Terror’. APWLD took responsibility to organise the workshop on ‘corporate actors’ given our work in this area.

f. Workshop on WHRD at 10th AWID International Forum on Women’s Rights and Development, 30 October, Bangkok
APWLD, in conjunction with other ICC members including CWGL, Inform and IGLHRC organised a workshop entitled ‘Who will Protect the Protectors? Making Activism Safer for Women’s Human Rights Defenders’ during parallel workshop sessions at the 10th AWID Conference in Bangkok on 30th October. The workshop was attended by approximately 40 people and it focused on reflecting across movements on the issues and insights raised during the International campaign on women human rights defenders as well as the gains and challenges in the promotion and realisation of women’s human rights. The discussions were animated and engaged with the issue at a deep and challenging level and highlighted the widespread interest of many groups to be a part of this campaign and work. Contacts were made with many of these groups to share further information with them on the campaign and Consultation.

International Consultation on Women Human Rights Defenders, 29 November – 2 December 2005, Colombo, Sri Lanka
As a member of the International Coordinating Committee (ICC) of the International Campaign on Women Human Rights Defenders (WHRD), APWLD co-organised an International Consultation on WHRDs from 29 November - 2 December 2005 in Colombo, Sri Lanka. The Consultation was attended by over 200 women’s rights and human rights activists from approximately 70 countries worldwide. The meeting was a historic gathering marking the first time women’s rights and human rights groups have come together on a global level to address gender-specific concerns and experiences of women as human rights defenders.
The meeting focused on four separate sources of abuses commonly experienced by women human rights defenders. These included state-based violence and issues of accountability and justice; the growing rise in fundamentalist movements seeking and gaining political power; the use of sexuality-based attacks to intimidate women and harm their bodies and reputations; and the need to address abuse perpetrated by communities and families. Over the four day Consultation, WHRD shared a wide range of experiences. From policies and practices that regulate women’s sexuality, to restrictions on our work because of misuse of counter-terrorism efforts, the Consultation outlined the nature and depth of these violations as they apply to women human rights defenders around the globe. Furthermore, the Consultation explored responses to abuses of WHRD including use of international and national mechanisms and NGO initiatives including campaigning strategies.

APWLD organised three workshops during a breakout session on the second day of the Consultation:
a. ‘Neo-Liberal Globalisation’: APWLD organised and conducted a workshop on protection of WHRDs and prevention of abuses in the context of ‘neo-liberal globalisation’. This workshop explored the threats to WHRDs opposing corporate control on their lives and livelihoods in the context of neo-liberal globalisation and the dominance of multi-national (MNCs) and trans-national corporations (TNCs) around the world. The increasing collusion between states and corporate actors results in State complicity to many human rights violations by corporate actors such as the use of private security forces to intimidate and kill WHRDs who protest against the actions of corporations. This clouds the reality of state accountability for these violations. The workshop was attended by approximately 20 participants from around the world who shared examples of attacks against WHRDs by corporate actors in their countries. The workshop critically assessed various international, national and civil society mechanisms addressing accountability of corporations (domestic, trans-national and multi-national) and their actors (including para-military groups, private security forces and state military and police), for attacks against women human rights defenders. The workshop identified the need for the creation of international mechanisms and strategies to hold corporate actors accountable for human rights violations and the development of more effective strategies for the effective protection of WHRD and prevention of abuses against WHRDs by corporate actors at a national and civil society level.

b. ‘State Repression’: In collaboration with Amnesty International, APWLD organised a workshop on ‘state repression’ which was designed to give participants an opportunity to explore protection and prevention strategies and mechanisms in the particular context of state repression. The workshop was attended by over 35 participants from the Consultation from around the globe and was jointly facilitated with ISIS International. The workshop explored the particular difficulties WHRDs face from repressive states when carrying out their work, highlighting the strategies used by the different organs of the state to target WHRDs (such as the use of the courts and legal proceedings to harass and silence activists; enacting regulations that allow for monitoring and tight control of civil society activities; and restrictions of movement of NGO workers). The workshop identified strategies and mechanisms for the protection of WHRDs from persecution by the State and prevention of abuses against WHRDs by the State and state actors and critically assessed their applicability and use for the protection of WHRD. Zenaida Soriano from AMIHAN (an APWLD member) spoke on the difficulties faced by defenders of land rights and peasant rights in Philippines. The workshop enabled participants to share successful strategies for the effective protection of WHRDs and prevention of abuses in situations of State Repression.

c. ‘Family and Community’: In collaboration with Amnesty International, APWLD organised a workshop on strategies and mechanisms for the protection and prevention of WHRDs from attacks by their family and community. The workshop explored the difficulties many WHRDs face in the context of their family and community around the globe. The disapproval of family and community of the work of WHRDs can have negative impacts on a WHRDs relationship with her family and status within her community. Participants shared examples of the many obstacles WHRD face within the family and community sphere, including direct attacks (both physical and verbal) against them and against their work, ostracism, and a lack of support (making it difficult for women to continue their work for example if they also need to care for children). Some participants also shared examples of attacks from the HRD community itself.  Participants shared that the workshop provided an important opportunity for participants to share with others on the difficulties they encounter in the family and community.  

APWLD was responsible for the participation of 12 members at the Consultation many of whom were part of our on-going campaigns on WHRDs at a national level. APWLD used the Consultation to profile some of APWLD members who are at risk as result of their activism through their participation in the Consultation, posters and press releases for those unable to attend and Zenaida Soriano from AMIHAN represented a joint press statement on abuses against WHRDs in Thailand, Philippines and Indonesia as a result of economic globalisation, at the Press Conference on the last day of the Consultation. The Consultation and campaign received significant media attention within Sri Lanka and internationally. 

While the Consultation marked the end of the ICC’s collaborative work together, the work and campaigning on WHRDs will continue through the ongoing commitment of ICC members to the issue, and the commitment of participants to integrate this issue in their work. The alliances formed between groups at the Consultation will help to support and consolidate this work. A suggestion was made by participants to declare November 29 the ‘International Day for Women Human Rights Defenders’ as part of the 16 days of activism to mark the beginning of this Consultation. Charlotte Bunch as the Director of the Centre for Women’s Global Leadership stated that the Centre is looking at next year’s theme for the 16 days of activism to be on WHRD also. APWLD is furthering this objective and commitment to the campaign by working with Inform and Forum Asia in developing a WHRD Documentation Manual for documenting human rights abuses against WHRDs particularly in the context of conflict situations. With little knowledge of the UN Declaration on HRD, APWLD will also disseminate information on this within the region as well as continuing to work on the campaign at a regional level.