Promoting and Protecting - PowerPoint Presentation

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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

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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