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South
Asia B +10 NGO Consultation
June 19-20,
2004
Kathmandu, Nepal
Organized
by
Beyond
Beijing Committee & South
Asia Womens Watch
HIMALAYAN DECLARATION ON BEIJING +10
Lalitpur,
Nepal
Alarmed
that rampant globalization, neo-liberalism and unregulated privatization
have contributed towards the intensification of poverty, social injustice,
illiteracy, structural violence, resulting in extreme forms of discrimination
and exploitation of women in the region;
Concerned
that the adverse policies of the international financial institutions
and the developed countries have devastating impact for the exercise
of human rights of women and have jeopardized the quality of life and
equitable employment opportunity for women,
Recalling
the provisions enshrined in the Universal Declaration of Human Rights;
the Convention on the Elimination of All Forms of Discrimination Against
Women, the Beijing Platform for Action, the Outcome Document; the Convention
on the Rights of the Child; the SAARC Convention on Trafficking and
other regional and international instruments relating to womens
rights;
Reiterating
the fact that militarization of the region has escalated violence against
women and children with grave risk of displacement, unsafe migration
and exploitation thereby increasing extreme vulnerability of women;
Understanding
that the women in the region have largely been disenfranchised from
the mainstream political processes and marginalized from the power structures;
Realizing
that sustainable human development incorporates substantive equality
between women and men, respect for human, economic, social, cultural,
civil and political rights, the elimination of poverty and the preservation
of the environment is possible only through an equitable distribution
of the worlds resources between south and north, poor and rich,
women and men.
We the
160+ delegates from South Asian countries assembled in the South Asia
Beijing+10 NGO Consultation held in Kathmandu, Nepal on June 19-20,
2004, from Bangladesh, India, Nepal, Pakistan and Sri Lanka, representing
various womens organizations, NGOs and civil society organized
by South Asia Womens Watch and hosted by Beyond Beijing Committee
have unanimously adopted the following Himalayan Declaration.
Our
Mission Statement
1. We,
the representatives from South Asia are all bound together by a common
identity which expresses itself both in our linkages and the struggles
for the empowerment of women in our respective countries.
2. These
links have strengthened us individually and have led to a growing regional
solidarity. Today, in the context of the contemporary socio-political
environment, we feel it is imperative to develop and further strengthen
a South Asian perspective for womens empowerment in the region.
3. As
women our lives are subject to control through predominantly patriarchal
structures and discriminatory laws and institutions, often justified
on the basis of religion, customs and cultures which has led to increasing
restrictions on our space and access to resources.
4. Increasing
incidence of rape, dowry deaths, honor killings, acid attacks, womens
humiliation in public, and the violence perpetrated by castism and religious
fundamentalism leave us vulnerable both in the private and public sphere.
We
urge the countries of South Asia to
·
Take comprehensive measures to address root causes of conflict situations,
initiate and strengthen processes towards negotiated political settlements
to internal and cross-border conflicts and ensure the participation
of women at all levels in these efforts; reduce military budgets and
channel those resources towards the expenditures related to the social
sector.
·
The states must take effective measures to arrest the adverse impacts
of globalization specially on women; the state must ensure the protection
of workers, food security, and the protection of environment and livelihood
of people; keep off privatization of the sectors that meet the basic
needs of people like water, health care, education stop the corporatization
of agriculture.
·
The state must not abdicate its social responsibility towards its people.
·
Create a code of conduct for corporate reasonability to comply with
international human rights standards relating to women.
·
Take immediate measures to stop systematic and gross gender-based violence
and violation of womens human rights; repeal/amend all discriminatory
laws and adopt gender just laws meeting the standard of international
human rights laws and treaty obligation;
·
Adopt all national, bilateral and regional laws and treaties with the
goal of combating the heinous crimes of trafficking, sexual exploitation
and slavery of women.
·
The states should come up with a fix time frame and ensure minimum of
33 percent of reservation for women at all level in political and all
levels of decision making.
·
Adopt special affirmative measures, as a principle of positive discrimination,
for dalit, marginalized, single, aging, minority, indigenous, refugee
and disabled women.
·
Withdraw all declarations and reservations from CEDAW and CRC and ratify
the Optional Protocol of CEDAW, the Refugees Convention, the Statute
of the International Criminal Court, the Second Optional Protocol to
the Geneva Convention, and the UN Convention on the Protection of Rights
of Migrant Workers and their Family and implement the provisions of
above conventions and protocols.
·
All states must Strengthen National machineries and increase substantially
the budgetary allocations for the empowerments of women in order to
fulfill commitments made under PFA.
·
Consultative process with womens organizations, NGOs and civil
society needs to be strengthened by the governments of the regions .
We, the
women of South Asia who comprise more than 50% of the regional population
are strengthened by our firm commitment to continue our struggle to
establish substantive equality in all spheres of life. We call upon
all the governments of the region to fulfill the commitments made in
Beijing, other international fora that fully implement BPFA, CEDAW and
other international instruments, national action plans on women of the
respective countries within the given time frame.
We urge
upon the development partners and relevant UN agencies to prioritize
South Asian Womens concerns in their agenda and extend all necessary
financial and technical assistance.
Since
achievement of the goal of Equality, Development, and Peace is the international
commitment of all the governments of the Region, we call for full implementation
of the goal by the year 2015.
Adopted on June 20, 2004, Lalitpur, Kathmandu, Nepal
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South
Asia Beijing + 10
OVERVIEW
Since
the Fourth Conference on Women, in Beijing, in 1995, some progress has
been made related to the commitments of the BPFA on the part of governments
in South Asia. National machineries have played a more visible role
in most countries in the region. National Plans of Action have been
drawn up and attempts have been made to prepare programmes and policies
that focus on women. However, over the last 10 years, political will
and BPFA implementation records remain unsatisfactory. The gaps and
obstacles that the womens movement encounters can be attributed
to the nature of the impact of the onslaught of neo-liberal market forces,
militaristic tendencies, internal conflicts and communal forces. There
has been an increase in human trafficking and violence against women.
There has been a backlash against women and the womens movement
from fundamentalist/extremist groups. The region has seen an increase
in the feminisation of poverty and the emergence of female-headed households.
The number
of womens organisations working towards womens empowerment
has increased significantly over the last 10 years. The Womens
Movements in the respective countries have articulated their rights
within the context of the BPFA. The South Asia Beijing +10 NGO Consultation
brought together over 160 women from the region to share their achievements
and challenges over the last 10 years, and to identify emerging issues
and future actions. We have prioritized issues of concern as follows:
Peace
and Security
Globalisation
Violence Against Women
Political Participation
Institutional Mechanisms
Prioritisation of Issues of Concern
Peace
and Security
Issues
Gaps and Obstacles:
- High
military expenditures.
- Existence
of structural violence within society.
- Proliferation
of internal conflicts and on-going cross-border conflicts.
- Absence
of political will to address the root causes of conflicts.
- Absence
of women in decision-making and peace negotiations.
- Non-adherence
by both state and non-state actors to international human rights laws,
including the Geneva Convention and the UN Security Council Resolution
1325.
- Lack
of an adequate mechanism to address the needs of internally displaced
persons.
- Increasing
communal, caste, ethnic and sectoral violence.
- Lack
of womens involvement and leadership in negotiations, reconciliation,
reconstruction, resettlement and rehabilitation.
- Inadequate
support systems for victims of conflict-related violence.
Strategies:
- Decrease
military budgets and channel this money to the social sector.
- Create
measures to ensure the recognition of the equal right to identity, irrespective
of gender, class, caste and ethnicity, and in line with the rights enshrined
in the Constitutions of the respective countries, and based on commitments
made at the international level.
- Commit
to the resolution of internal and cross-border conflicts through negotiated
political settlements.
- Include
women in peace negotiations at all levels.
- Build
the capacity of women to promote peace making initiatives.
- Launch
media campaigns and training programmes on existing international norms
and conventions that relate to conflicts and peace building.
- Lobby
and advocate for the integration and implementation of human rights
standards in resolving conflicts; promote a culture of peace, with social
and gender justice, in the curricula of educational institutions, as
well as in military and police academies.
- Design
specific policies and programmes to address the needs and concerns of
internally displaced persons, including their rights to housing, livelihood
and security.
- Ensure
comprehensive development strategies for the socio-political-economic
uplift of groups that have been discriminated against and disadvantaged.
- Activate
and strengthen the SAARC NGO, Women for Peace.
- Form
a womens pressure group at the local level.
Globalization
and Poverty
Issues
Gaps and Obstacles:
- Intensification
of poverty, joblessness, unequal distribution of resources, and gender-based
discriminatory wages within South Asian countries.
- Increasing
violence against women.
- Lack
of access, control over resources and livelihood for women.
- Absence
of legal protection from patent laws in South Asia.
- Enlargement
of the informal sector of the workforce, weakening of labour laws and
a corresponding weakening of the formal sector and casualization of
labour.
- Increasing
power of Trans-National Companies and Multinational Companies.
- Adverse
effects of the dictates and conditionalities perpetuated by international
financial institutions.
- Erosion
of food security.
- Feminisation
of migration in some areas, and increased male migration in other areas,
has resulted in increases in the number of female-headed households.
- Commodification
of women, the sex trade and sex tourism.
- Reduction
of state expenditures on the social sector has led to social injustices.
- Marginalisation
of the most poor and disadvantaged communities/minorities.
- Urban-centred
development.
- Environmental
degradation, due to uncontrolled use of pesticides/insecticides.
- Privatisation
of water, health, education and electricity.
- Corporatisation
of agriculture and rural indebtedness.
- Increased
militarization.
Strategies:
- Make
South Asian development condition on the protection of people-centred
development over profit.
- Womens
Watch should monitor government economic policies and programmes.
- Government
and civil society should protect marginalised community rights.
- Convert
third world debt payments into expenditures on women and childrens
development.
- Attempt
to ensure transparency in governance and management.
- Protect
the rights of female workers both in and outside of Free Trade Zones.
- Ensure
womens access to credit facilities without collateral.
- Take
steps to address environmental degradation and threats to water resources.
- Stop
the privatisation of water and the corporatisation of agriculture.
- Ensure
that governments fulfil their commitments to eradicate poverty and guarantee
basic human rights.
- Create
comprehensive policies, programmes and legislation to protect the rights
of both the workers in the informal sector and the urban poor.
Violence
Against Women
Issues
Gaps and Obstacles:
- Overarching
patriarchal ideology.
- Increased
incidents of gender-based violence against women, honour killings, dowry
deaths and acid attacks.
- Lack
of legal provisions to protect the specific rights of women, eg. lack
of domestic violence legislation in the region.
- Existence
of discriminatory laws.
- Existence
of culture of violence.
- Lack
of accountability and corruption prevalent among law enforcement authorities.
- Proliferation
of human trafficking and the sex trade.
- Increased
access to small arms.
- Non-implementation
of CEDAW and other human rights instruments.
- Lack
of citizenship rights for women.
- Inadequate
mechanisms to implement marriage and birth right registration.
- Increased
fundamentalism and extremism.
Strategies:
- Implement
gender sensitisation at all levels, including among key stakeholders,
such as police persons, judges, law enforcement agencies, planners,
etc.
- Implement
strong protective laws and enforce stiff penalties for perpetrators
of violence against women.
- Government
and other bodies should provide legal protection, shelters, hotlines
for female victims of violence.
- Set
up and strengthen womens cells in all police stations.
- Enforce
legal protection provisions, irrespective of caste, ethnicity or minority
status.
- Provide
trauma counselling and care to victims through a rights-based approach.
- Initiate
bilateral and regional dialogue between the supply and demand sides
of countries affected by the trafficking of women.
- Implement
mass awareness campaigns against discriminatory social values and norms.
- Provide
accessible, effective and efficient legal aid to victims of violence,
and establish in-camera trial procedures for cases of violence against
women.
- Maintain
empirical, statistical records on incidents of violence against women.
- Recognize
honour killings as murders and implemented laws in accordance with this
recognition.
- Create
a code of ethics for the media to use when reporting cases of violence
against women.
- Involve
men and young persons in the movement to eliminate violence against
women.
- Lobby
jointly, as South Asian women, at the international level, with regard
to the rights of refugee and trafficked women.
- Publicize
the need to complete marriage and birth registrations.
- Repeal/amend
laws to ensure womens right to pass on citizenship to their children.
Power
and Decision Making
Issues
Gaps and Obstacles:
- Lack
of womens representation in decision-making bodies at all levels.
- Lack
of commitment by political parties to mainstream women within their
own decision-making bodies.
- Prevalence
of patriarchal value system, which discourages men from acknowledging
womens capability in mainstream politics.
- Corruption,
lack of resources and culture of violence discourage women in political
participation.
- Concerted,
public, character assassinations and intimidation of female candidates
and politicians also discourage women from political participation.
- Socio-political
and religious factors deprive women of their right to vote and contest
elections at all levels.
- Prevalence
of restricted space for professional women at the decision-making level.
- Lack
of commitment to implement international conventions relating to womens
empowerment.
- Lack
of effective affirmative action to facilitate womens entry into
the political arena, eg. lack of an effective quota/reservation system
Strategies:
- All
political parties should ensure a 33% reservation for women representatives
in all party committees (Local/National).
- All
parties must declare in their manifestos that women will be nominated;
the parties must also ensure implementation.
- Create
regulations that make it mandatory for political parties to fulfill
a requirement of 33% women candidates at the decision-making level in
order to register with the election commission.
- Womens
groups should initiate dialogue with female MPs and consultations with
political parties, with the goal of facilitating collaboration and cooperation
of women at all levels.
- Launch
media campaigns to sensitize journalists to womens rights issues.
- Encourage
women to build the capacity of womens organizations through training.
- Sensitize
and mobilise female voters to vote for female candidates.
- Network
womens rights groups at the national level with human rights groups
and government bodies.
- Initiate
regular networking of women parliamentarians through the SAARC platform.
- Encourage
the corporate sector to ensure a minimum of 33% women at the decision-making
level.
- Work
towards adequate representation of women at the decision-making level
in key ministries, such as Information, Finance, Home/Internal Affairs
and Defense.
- Encourage
the appointment of at least 33% women to decision-making positions.
- Governments
must ensure at least a 33% representation of women in high level delegation/negotiation
teams in order to produce valid and enforceable decisions.
- Assemble
a cadre of trainers who are capable of increasing womens capacity.
- Ensure
budgetary allocations for womens empowerment and representation
at all decision-making levels in the public sector.
- Encourage
election commissions to support the formation of a fund to facilitate
womens participation in mainstream politics.
- Set
up a fund for female candidates, irrespective of political affiliation,
to contest elections at all levels.
Institutional
Mechanisms
Issues
Gaps and Obstacles:
- State
power structures remain patriarchal.
- Supremacy
of the male hierarchy and the prevalence of strong patriarchal norms.
- National
machineries are unable to fulfill their mandates.
- Lack
of adequate representation of women in law making bodies.
- Lack
of gender-sensitized personnel in the bureaucracy.
- SAARC
lacks strength as a regional body.
- Inadequate
knowledge of state commitments to international treaties and agreements,
such as CEDAW, ICCPR, CRC, ICPD, ILO, and BPFA.
- Lack
of indicators and monitoring tools to assess the implementation of national
laws and policies and international treaties and agreements relating
to women.
- The
SAARC Technical Committee on Women is a non-functional body.
- Lack
of legal mechanisms at the national level to ensure the protection of
womens rights.
- Dwindling
support for programmes on womens rights.
Strategies:
- Strengthen
SAARC to play a stronger and more effective role in the region.
- Allocate
adequate resources for regular and effective SAARC meetings.
- Reactivate
the SAARC Technical Commission on Women.
- Ensure
NGO and civil society participation within the SAARC system.
- Enable
easy access to SAARC countries by citizens of this region.
- Ensure
SAARC accountability to the citizens of the region.
- Encourage
closer interaction between women parliamentarian and womens groups.
- Work
to achieve wider dissemination of international treaties and obligations
among SAARC member countries, by way of the media, advocacy programmes,
and information, education and communication materials (IEC).
- Develop,
share and utilize effective indicators and monitoring tools, to chart
the implementation of national laws and policies and international treaties
and obligations, among SAARC governments, womens organizations
and civil society.
- SAARC
governments must ensure adequate resources for the effective function
of national machineries for women and human rights commissions.
- Formulate
and effectively implement legislation relating to womens rights
throughout SAARC countries, e.g. legislation against domestic violence.
- Remove
all reservations relating to CEDAW and amend national laws to ensure
effective implementation.
- Ratify
the Optional Protocol to CEDAW without any reservations.
- Ensure
the effective and active participation of the UN and other development
partners at the regional level in support of activities related to the
protection of womens human rights.
- Guarantee
funding to South Asia Womens Watch, which has been the focal organization
for promoting the Beijing Platform for Action in South Asia.
Cross
Cutting Issues
The Girl
Child
There
has been an alarming increase in the trafficking of girl children in
the region and this has led to large numbers of young girls being sold
into prostitution. The practice of child marriage, although illegal,
is still rampant in the region. This practice dramatically affects girls
lives, robs them of their childhoods, and adversely impacts their individual
development. Reports on internal conflicts indicate that girl children
are often forcibly recruited to be combatants. Further, decreased educational
expenditures have resulted in increased drop-out rates among young girls.
Differently-Abled
Women
There
is little recognition, both at the governmental and civil society level,
of the rights and needs of differently-abled women in the region. There
are few facilities and opportunities available, either in the field
of employment or in the area of access to social welfare benefits. Those
differently-abled women who have been successful in their lives, continue
to face social stigma from their communities. Differently-abled women
are often vulnerable to sexual aggression and violence.
Emerging
Issues
Women
and Ageing
Demographic
trends indicate a clear increase in the life expectancy of women and
a gradual lowering of birth rates in South Asia. This trend has resulted
in a significant increase in the proportion of elderly women in SAARC
countries. When combined with changing traditional family structures,
this trend has resulted in the increased vulnerability of elderly, who
benefit from few, if any, state support systems, such as healthcare
and social security.
Female-Headed
Households
Protracted
internal conflicts and cross-border conflicts have resulted in a sharp
increase in the number of female-headed households in the region. For
example, in Sri Lanka, approximately 21% of households were deemed to
be female-headed in the mid-1990s. This number is expected to have risen
over the last decade. On the other hand, many women migrate to other
parts of the region or to other countries in West Asia, and are emerging
as heads-of-households through access to higher incomes than their partners.
However, South Asian governments have not yet formulated effective policies
or programmes to address the specific needs and concerns of female-headed
households. Many female heads-of-households are denied housing and social
sector benefits in non-recognition of their rights. In India, Pakistan,
Nepal and Bangladesh increased external migration of males has resulted
in many women becoming de facto heads-of-households in a patriarchal
society which does not recognize their right to ownership of land, access
to credit or basic human needs.
Disadvantaged
and Marginalized Minorities
South
Asia has an unusually high number of ethnic, cultural and linguistic
groups. While this contributes to the rich diversity of the region,
it is also the source of structural violence which has been and continues
to be inflicted upon those groups that exist outside of the mainstream.
Amongst these, dalits make up the most disadvantaged and subjugated
group; they require special attention and remedial measures in all spheres
in order to achieve their equitable growth, empowerment and development.
Similarly, indigenous peoples have experienced cultural assimilation
that has threatened their group identities and individual enjoyment
of their culture. While indigenous knowledge is both valuable and useful
to those who bear it and to the population and large, it has been both
disrespected and threatened. Further, indigenous land rights have been
exploited to an alarming degree and they have been side-lined throughout
the development process. The above-detailed issues have resulted in
the large-scale marginalization of indigenous peoples.
Conclusion
In the
10 years since the Beijing Conference there have been numerous achievements,
including an increasing number of womens organizations working
towards womens empowerment, the establishment of womens
rights as human rights, the amendment of significant numbers of discriminatory
laws and the creation of some institutional mechanisms to achieve gender-mainstreaming.
However, despite the above-cited advances, the patriarchal system of
governance and norms remains in tact and this has severely hampered
womens efforts to ensure their own rights, livelihoods, political
empowerment, and overall development and advancement. It is therefore
unsurprising that major issues and areas of critical concern have changed
little since Beijing. While all of the major human and womens
rights conventions and treaties have been ratified, yet the implementation
of these instruments has been miserable. The political and social commitments
to ensure womens abilities to exercise their de facto rights have
failed. Even after 10 years, achievement of the goal of womens
rights and empowerment seems distant.
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