Rights for All Challenges faced by Groups Most At Risk especially Women Human Rights Defenders WHRDs and Lesbian Gay Bi Sexual Transgender and Intersex LGBTI By Hannah Forster Talking Points ID: 591667
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Promoting and ProtectingRights for All:
Challenges faced by ‘Groups Most At Risk’ – especially Women Human Rights Defenders (WHRDs) and Lesbian, Gay, Bi Sexual, Transgender and Intersex (LGBTI)
By Hannah Forster (Talking Points)
@5
th
Workshop on Regional Arrangements
Geneva, 4-5 October, 2016Slide2
Outline
Introduction
Definitions
Situation of WHRDs and LGBTIs
Challenges faced by women and successful efforts to confront such challenges
Discriminatory provisions through law and practices that affect WHRDs and LGBTIs
Some Opportunities and Possible Solutions
Conclusion and RecommendationsSlide3
To check out
Effectiveness of frameworks for protecting women in the UN and regional human rights systems
Gaps and opportunities in the existing framework for cooperation
Better Use of other stakeholders including HRDs and NGOs promoting and protecting the rights of women
Opportunities for new forms of cooperationSlide4
Introduction
Over 30 years since the entry into force of the Convention on the
Eliimination
of All Forms of Discrimination Against Women; 30 years of the entry into force of the African Charter on Human and Peoples’ Rights and 10 years of the entry into force of the Protocol to the Rights of Women in Africa including many other treaties, mechanisms, declarations, resolutions that seek to make a difference in the lives of
marginalised
groups, especially women and women human rights defenders in particular, Women continue to face violations to their rights, discrimination in many forms, experience injustice, represent the face of disease, poverty and victims of impunity.
2 decades after the UN Declaration on HRDs, which places obligations on states to create an enabling environment for HRDs and to ensure their protection, women are yet to enjoy the provisions enshrined therein, in spite of the ensuing resolutions at the international and regional levels, and most recently at the national level in Cote D’Ivoire
.
The September 28, 2009 massacre, sexual assaults and gang rape of female civil society and opposition members who went to protect against government excesses and to exercise their democratic rights, at the Stadium in Guinea Conakry, still remains fresh in our minds. This outrage was the handiwork of the military with impunity.
Evident that women bear the brunt of being the underdogs in most societies and are prevented from exercising their democratic rights, most especially their right to freedom of peaceful assembly and of course, of association.
Threat level for WHRDs in Africa very high, especially those working on LGBTI rights
Sadly enough, women still have to rely on each other for protection, in most casesSlide5
Introduction
Importance of the right to peaceful assembly and association, without discrimination, to the full enjoyment of all human rights recognized by the HRC (A/HRC/24/L.7) and the UNSR on
FoPA
and A asked to consider challenges faced by women and persons belonging to vulnerable groups
The UN Special Rapporteur on Freedom of Peaceful Assembly and Association issued a report in 2014 focusing on threats to the rights of ‘groups most at risk’ (A/HRC/26/29)
Highlighting the prevalence of government targeting certain groups within civil society including Persons with Disabilities, Women, Youth, IDPs, Ethnic Minorities, LGBTI, Indigenous Peoples and non-nationals
For purposes of this discussion, I will focus on Women and LGBTISlide6
Definitions
WHRDs – (women human rights defenders)
A female HRD and any other HRD working to promote, protect and defend the human rights of women and gender issues. (SR on HRDs A/HRC/16/44)
Challenge
gender inequality and stereotypes;
Religious and cultural interpretations which restrict or subordinate women (Eleanor)
Promote women’s empowerment, inclusion and human rights for everyone;
LGBTI – Lesbian, Gay, Bisexual, Transgender and Intersex
Any HRD who is an LGBTI and any other HRD working to promote, protect and defend the human rights of LGBTI
Challenge
Religious and cultural norms
Right to freedom of expression
Promote inclusion and human rights for everyone!Slide7
WHRDS
Discrimination, violence and persecution simply for being identified as women i.e. of a different gender;
Face threats and attacks that are gender based or gender specific
No holistic protection i.e. legal standing to protect their rights in some communities/states
LGBTI
Discrimination, violence and persecution simply for having different sexual orientation or gender identity; and for expressing who they are and how they choose to live
Face threats and attacks for their orientation and identity
No holistic protection i.e. no legal standing /status to protect their rights in some states/communitiesSlide8
WHRDs & LGBTIs
Both groups are
Are subject to same time of risks as HRDs but as women or LGBTI are targeted/exposed to specific threats/violence;
Are more at risk of being subjected to certain forms of violence, exclusion, prejudices, than other HRDs;
Are identity-based primarily; and
Have multi-layered identities.
Moreover, who they are and the work they do makes them targets for attacks e.g. realization of the rights of women, gender related rights and LGBTI rights.Slide9
Human Rights Framework relating to FoA&A /Rights of Women/WHRDs
International
ICCPR (Arts. 2 and 26)
General Comment No. 18,
para
. 7 (HR Committee)
CEDAW (Arts. 2(1); 5; 7 and 16(e)
General Recommendation 19 on VAW,
para
. 24
Regional
ACHPR (Art.
African Women’s Protocol (Art. 9)
Various resolutions including ACHPR/69 (XXXV) 04 –Protection of HRDs in Africa; ACHPR/Res.119 (XXXXII) 07 and ACHPR/Res. 196 (L) – situation of HRDs in Africa; ACHPR/Res. 230 – calling on the need for a Study on the Situation of Women HRDs in Africa; Report of Study launched 23
rd
April,
2015
National
Constitutions
Some Non
B
inding but Essential
A
greements
Beijing Declaration and Platform for Action (Strategic Objective 190G 1a; 192
MDGs (Goal 3) and the SDGs
Solemn Declaration on Gender Equality in Africa (commitment 5)
UN Declaration on Human Rights Defenders (Art. 5)
Resolution 22/6 Human Rights Council – linkage between
FoA&A
and HRDs
GA Resolution A/Res/68/181 on Protection of WHRDs (2013)
Various HRC and GA Resolutions and Reports of the UN SR on
FoPA
& A as well the SR of the SG on HRDs
UN SCR 1325 and other subsequent resolutions on Women, Peace and
Security
ONE is inclined to say that the framework of both treaty bodies and mechanisms for protecting women at the regional and international
leves
are effective. However, the level of implementation and enforcement is at its lowest ebb and therefore pose challengesSlide10
Challenges
Persistent and systematic arbitrary arrests and detention, acts of harassment;
Threats of new and other forms of intimidation;
Summary and extrajudicial executions and torture;
Gender based violence;
Homophobic attacks;
Legislative violations leading to restrictions and obstacles including to criminalization of their activities;
Increasing religious fundamentalism leading to measures taken in most national security contexts to combat terrorism;
Militarism and conflict, not forgetting the gender dimensions of diseases such as
E
bola Virus;
Crises of democracy and governance;Slide11
Challenges -
Observance of
FoA&A
should be the rule rather the exception. However, restrictions exist by states placing legal and de facto restrictions on individual women and marginalized groups, like LGBTI include
Discrimination and intolerance of women and women HRDs in legislation – preventing
organisations
and association, especially those working with LGBTI groups from registering e.g. Mozambique, Cameroon, Gambia to name a few
Judicial harassment and intimidation in the societies sometimes resulting in disproportionate punishment – i.e. journalist sedition case; WOZA; Widows/Sons case
Perception of the society forms a major gap and local realities need to change for any meaningful development to take place – gang rape of lesbians;
Lack of safety and protection for women from retrogressive personal law i.e. constitution has non discriminatory provision but
then
has a claw back clause which is at the heart and withholds crucial rights
Lack of implementation of international, regional commitments – domestication can even take place but becomes a white elephant and impedes the enjoyment of rights e.g. special temporary measures in the Women’s Act 2010
Existence of and failure to deal with gender specific nature of violence – prevention of voice and access to power
Expulsion of protesting students from universities, creating of institutional barriers preventing charged demonstrators from receiving legal assistance including the intimidation and harassment of the lawyers of the Bar Association – arrest and detention of some female students and making them strip for the night in male cells
Putting a cap on the percentage of funding to be received from foreign sources e.g. Ethiopia, Russia, etc Note that
organisations
that apply for ECOSOCC status at the AU also need to fulfill this requirement.
Use of national security or counter-terrorism legislation to prohibit registration
Establishment of GONGOs to counter work which may lead to competition and disruption of services
Slide12
Challenges
Discriminatory laws and discrepancies between law and practice
Despite the ratification and domestication of international, regional human rights instruments, especially ICCPR (art CEDAW ; the formulation of relatively progressive constitutions and the domestication of treaties at the national level; Women continue to experience violence, discrimination, inequality and exclusion in their communities, homes, schools, at work and in the public spheres – gaps continue to exist between laws, policy and practice
Country contexts differ on basis of culture, religion, legal systems and inherited colonial legacies, realities reveal that the criminalization of gender through use of penal code provisions e.g. the Sudan apostasy case, which led to condemnation under religious laws
Women expected to conform to stringent norms on sexuality, in the absence of which they are consequently punished for defying gender norms; for betraying their religion; culture and even their heritage – e.g. justification of the abuse against women; women/lesbians; disabled women, etc
Legal protection and policy frameworks to address these issues are grossly inadequate or non existent, as a result gender based violence; homophobia, etc are condoned
Public discourse sanctioned abuse against gender
i.e
non conforming women and sometimes men. However, women are targeted and suffer more
Women and LGTBI disadvantaged even before they seek redress and can be
Rejected by families
Stigmatized by society
Condemned by religious groups
Criminalized by the StateSlide13
Challenges
Note the close relationship between gender equality in general and the other oppression faced by other
marginalised
groups, and the existence of intersectionality could seriously aggravate the degree of condemnation, discrimination and violence in both the private and public sphere leading to punishment for non conformity. These could be -
Gender identity
Gender expression
Identity marker
Race
Class
Religion
Economic status
Ethnicity
E.g. South
A
frican homophobic casesSlide14
Opportunities for CSOs Engagement at the Regional / International Levels
Observer Status with ACHPR – leading to targeted participation at sessions; collaboration with system and mechanisms, particularly SR/HRD, Women and others; visits and missions; alternative reports; the NGO Forum,
etc
Space of AU/ECOSOCC for African CSOs
Other relevant AU Organs and Mechanisms including the Department of Political Affairs, Office of the Legal Counsel; Pan African Parliament, APRM, NEPAD,
etc
Other partnerships : UN especially HRC and OHCHR; consultative status with UN ECOSOC; Democracy Caucus; various friendly governments,
etcSlide15
Some possible Strategies/Solutions
Raise awareness and draw attention to the issues at hand
Building solidarity with global and regional movements – networks crucial to achieve change
Integration of security i.e. physical protection expanding to psychological and physical well being
Create more dialogue with states and urge them to establish/consolidate an enabling environment that will ensure the required protection
Prevention and advocacy strategies are emphasized since they would contribute towards changing structural patterns Slide16
Conclusions
No one is Free Until All are Free!
Essential for members of
marginalized
groups including of course, women
especially WHRIs and
LGBTI to
Be Empowered - Sensitization, Education and Training;
Be Engaged – organize and stand up and take charge by making decisions concerning their lives
Have a Voice – expressing and representing themselves
Stay connected – forming strategic partnerships -coalitions and networks. Networks of women themselves have provided the much needed protection to their fellow women for a long time. It is time that national governments live up to their commitments