Preparing the IV and V Alternative Report on the UN CEDAW

From: Anjuman Ara Begum 
Date: Mon, Jun 18, 2012 at 12:48 PM
Subject: Re: [se-gen] DISCUSSION:Inputs for Preparing the IV and V Alternative Report on the UN CEDAW.Reply by 30 June 2012
To: Gender Community

Dear friends,

Thank you very much for the call for discussion on alternative reports for CEDAW.

North East India (States of Aranuchal Pradesh, Assam, Manipur, Meghalaya, Nagaland, Mizoram and Tripura), is a region that is home to 40 million people belonging to 213 different tribal groups. It has been experienced armed conflict for the last six decades resulting in a high level of militarization and protracted internal conflict. The counter-insurgency policies of successive Indian governments have resulted in widespread human rights abuses. I would like to draw your attention to several issues of crucial importance to the people of Northeast India.

First, the Armed Forces Special Powers Act of 1958 grants the Indian armed forces extraordinary powers in designated “disturbed areas”. This includes the use of lethal force against “any person acting in contravention of any law or order”. The Act grants immunity from prosecution. AFSPA has resulted in thousands of extrajudicial killings, and fuelled a cycle of violence that has blighted the civilian population. In the State of Manipur, 789 extra-judicial executions have been documented between 2007 and 2010 alone. It is essential that the UPR addresses the failure of the Government of India to make good on repeated promises to reform AFSPA. The GoI should also be urged to establish proper mechanisms for the impartial investigation of human rights violations and ensure access to justice for victims that includes family members of the person killed.

Women and children bear the brunt of such extra-judicial killings and other human rights abuses in Northeast India.Discrimination against women is widespread and incidents of physical and sexual violence are frequent. Security forces are frequently accused of rape and sexual assault, but rarely are these cases properly investigated. A study by Women in Governance Network of Assam reveals that out of 15 cases of sexual violence by armed forces only one case met the ends of ‘justice’ and investing in other cases are still due even after years (Publication of the report is due in August). The 2008 UPR of India focused on the withdrawal of India’s reservations to CEDAW and measures to address customary laws and practices that discriminate against women. The Government of India has failed to implement these recommendations to the detriment of women’s human rights.

In the absence of a credible conflict resolution strategy for Northeast India, legislative reforms will be of limited use. The potential offered by Security Council Resolution 1325 to enhance both women’s rights and transform the conflict itself becomes relevant here. The armed forces continue to argue that special powers like AFSPA are essential to contain the insurgencies yet the Government of India maintains that there is no formal armed conflict. This position is untenable and the GoI should be urged to develop a National Action Plan for the implementation of UNSCR 1325 as a means of protecting women’s rights and enhancing regional security.

I am attaching here two reports prepared by Women in Governance Network that contains cases of human rights violation of women in armed conflict. Please feel free to contact me for any further information. 

Best wishes, Anjuman Ara Begum

Moderators’ Note: Dear Members, We are starting today with a highly significant Discussion, which solicits our esteemed members’ inputs for the Preparation of the IV and V Alternative Report on the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Initiated by Ruth Manorama, on behalf of National Alliance of Women (NAWO), the discussion has put forth some key questions to facilitate our members’ contributions. Members are however requested to also go through some of the Guidelines to prepare the Alternative Report, provided under useful documents. It may help us to make focused and succinct contributions. This is an important opportunity for Gender Community; we thank Ruth (also our advisory/resource group member) for initiating this discussion. We look forward to your responses. If you can, kindly circulate the discussion widely, and help us to generate responses from every nook and corner of the country! Have a Very Nice Evening. Greetings, Malika

Dear Friends,

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the United Nations (UN) General Assembly, defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. For more information on CEDAW, you can visithttp://www.un.org/womenwatch/daw/cedaw/cedaw.htm.

CEDAW establishes Universal Minimum Standards of Women’s Human Rights, by which all countries must abide; it also provides a mechanism through which the implementation of obligations by state parties (i.e. signatory members) under the Convention can be monitored. By demanding the practical realization of rights, CEDAW promotes the ‘Substantive Model of Equality: Equality of Opportunity, Equality of Access, and Equality of Results’.

Member States including India that have ratified CEDAW are required to report to the CEDAW Committee every four years on progress made in the implementation of CEDAW at national level.  Members may like to access the Government of India’s (GoI) II and III Periodic Report on CEDAW at http://wcd.nic.in/cedawrep2005.pdf (PDF; Size: 638KB). The Draft Report of combined Fourth and Fifth Periodic Reports of India to CEDAW can be accessed at http://wcd.nic.in/cedawdraft20nov2011.pdf (PDF; Size: 2.99MB).

Alternative report serves as important complements to the official government report.  It provides the CEDAW Committee with insight as to the questions that might be posed to governments as they present their reports.  National Alliance of Women (NAWO; http://www.nawoindia.org/main.asp) has been co-coordinating the efforts of writing and presenting the Alternative Report in the previous years (the initial report in 2000; and the II and III report in 2007), while the GoI report was under review by the CEDAW Committee. Previous reports by NAW can be accessed on their website.

NAWO has been so far instrumental in bringing the issues of violence, due to caste, religion, minority status, sexual orientation, armed conflict and seeking justice especially for women who face discrimination, disparities, which lead to unequal status.  NAWO coordinates with host of several other organizations, networks, activists, academics, advocates in the country, who have begun to use CEDAW, as an additional tool for achieving gender equality. NAWO is in the process of preparing the Alternative Report to the IV and V Periodic Report of the GoI for its review by the CEDAW Committee.  In fact, three regional meetings were held last year in Andhra Pradesh, Chhattisgarh and Karnataka.   More regional discussions will be held in Punjab, Maharashtra, Odisha, and a national meeting will be held in New Delhi this year.  Members can write to NAWO if they are interested to join any of the workshops.

On behalf of NAWO, I invite all Gender Community members to kindly join and give your specific inputs to the preparation of the IV and V Alternative Report on the UN CEDAW. While providing their inputs, members may specifically like to share the following:

• Information on the impact and progress made by the State/GoI in implementing the CEDAW Convention
• Cases where human rights of women have been violated
• Inadequacies and gaps in laws and policies, and their implementation (e.g. obstacles women face in accessing laws or how these obstacles can be addressed)
• Obstacles or contributory factors preventing women from realizing their rights (e.g. social, political, legal, economic rights, etc)

It would help members, if they also go through some of the useful documents (mentioned below), which provides guidelines in preparing the Alternative Report. Members’ inputs will facilitate NAWO’s work in preparing the Report. I look forward to a highly engaging discussion and enthusiastic inputs from all our members.

Thank you and warm regards,

Ruth Manorama

National Alliance of Women (NAWO)

Bangalore/Karnataka

Useful Documents

Participation in the CEDAW Reporting Process: Process and Guidelines for Writing a Shadow/Alternative Report – ftp://ftp.solutionexchange.net.in/public/gen/cr/res28051203.pdf (PDF; Size: 189KB)
• Participation in the CEDAW Reporting Process: NGO Interventions during and after the CEDAW Session -ftp://ftp.solutionexchange.net.in/public/gen/cr/res28051204.pdf (PDF; Size; 177 KB)Participation in ICESCR and CEDAW Reporting Processes:      Guidelines for Writing on Women’s Economic, Social and Cultural Rights in Shadow/Alternative Reports - ftp://ftp.solutionexchange.net.in/public/gen/cr/res28051201.pdf (PDF; Size: 804KB)


Equal and Indivisible: Crafting Inclusive Shadow Reports for CEDAW - A handbook for writing shadow/alternative reports for CEDAW incorporating human rights issues related to sexual orientation, gender identity and gender expression -  ftp://ftp.solutionexchange.net.in/public/gen/cr/res28051202.pdf (PDF; Size: 1.52MB)