DRAFT OPTIONAL PROTOCOL TO WOMEN'S ANTI-DISCRIMINATION CONVENTION APPROVED BY COMMISSION ON STATUS OF WOMEN

12 March 1999

Press Release
WOM/1117

DRAFT OPTIONAL PROTOCOL TO WOMEN'S ANTI-DISCRIMINATION CONVENTION APPROVED BY COMMISSION ON STATUS OF WOMEN

19990312 Commission Requests Economic and Social Council To Authorize Resumption of Forty-Third Session to Conclude Work

A draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women, with provisions concerning a complaints procedure and an inquiry mechanism, was approved without a vote by the Commission on the Status of Women on Friday afternoon, 12 March, as it continued its forty-third session.

The Commission took that action by means of a resolution recommending the protocol to the Economic and Social Council for approval and submission to the General Assembly for adoption.

In a subsequent meeting, early Saturday, the Commission approved a draft decision that would have the Economic and Social Council decide that its forty-third session should be resumed for one day, subject to the availability of services, on an exceptional basis, to complete its work. The session was scheduled to conclude on Friday, 12 March, as the Commission will meet as the Preparatory Committee for the special session of the General Assembly entitled: "Women 2000; gender, equality, development and peace in the twenty- first century", starting today, 15 March.

The protocol will give women the right to complain to the Committee on the Elimination of Discrimination against Women about violations of the Convention by their Governments. It will provide for better enforcement of women's rights and will enable the Committee to conduct inquiries into serious or systematic abuses of women's human rights in countries that are party to the protocol. It will also provide an avenue for women to obtain remedies for breaches of their human rights.

The Convention came into force in September 1981 and 163 States are currently party to it, making it the second most widely subscribed

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international human rights treaty in existence. Violations of women's human rights, however, are still widespread in all societies and cultures. Women are not aware of their rights and have difficulty getting remedies for the violations of their rights.

Aloisia Worgetter (Austria), Chairperson of the Working Group that drafted the protocol, said that "women will have an effective instrument in their hands to fight discrimination". After four years of gruelling negotiations, the protocol had finally been adopted by consensus which fulfilled the requirements of the Committee. She was convinced that the Commission, the Council and the Assembly would be guided by the spirit of consensus of the Working Group.

Patricia Flor (Germany), Chairperson of the Commission, said the adoption of the Protocol was a supreme moment for gender equality. The original draft of the Universal Declaration of Human Rights had stated that all men were born equal in dignity and rights -- that was then changed to all human beings were born equal in dignity and rights. It was not until 1970, however, that the Convention was adopted to protect the rights of women. Hopefully at the turn of the century, inequality would have finally been overturned with the adoption of the protocol.

Angela King, Assistant Secretary-General and Special Adviser on Gender Issues and Advancement of Women, said the adoption of the protocol was the fulfilment of one of the commitments of the Beijing Platform for Action. "We should use this solemn occasion to commit ourselves to achieving a second essential goal of the Platform -- namely the universal ratification of the Convention by the year 2000." She urged the remaining States to benefit from the momentum created by work on the protocol and to do their utmost so that "we may celebrate the new millennium with an explicit and visible commitment by all States to the human rights of women".

Statements were also made by the representatives of India, Japan, New Zealand, Philippines, Germany (on behalf of the European Union and associated countries), Luxembourg (on behalf of French-speaking delegations), Bangladesh, Slovenia, Norway, Republic of Korea, Ghana, Russian Federation, Dominican Republic, Iraq, Turkey, Yemen, Senegal, Mongolia, Rwanda and Mali.

The Commission will meet as the Preparatory Committee for the Assembly's special session at 10 a.m. on Monday, 15 March.

Optional Protocol to Women's Anti-Discrimination Convention

ALOISIA WORGETTER (Austria), Chairperson of the Open-ended Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, introduced its report, which was contained in document E/CN.6/1999/WG/L.1 and Add.1. She said that after four years of gruelling negotiations, a draft protocol had finally been adopted by consensus, which fulfilled the requirements of the Committee on the Elimination of Discrimination against Women.

She said the Working Group had been able to come to an agreement on a complaints procedure and an inquiry mechanism that reflected international human rights standards and contained a no-reservation clause. The Group was also able to codify existing practices of other treaty bodies. Given that the draft of the original Convention had included the right to petition some 20 years ago, it was cause to be happy that the protocol would finally be opened at the approach of the year 2000.

She was convinced that the Commission, the Economic and Social Council and the General Assembly would be guided by the spirit of consensus of the Working Group. However, even though the Group had adopted the draft protocol, it was still a draft until adopted by the Assembly. She thanked everyone who had worked on the drafting of the protocol, including non-governmental organizations (NGOs) who had brought the issue of the protocol to the attention of the United Nations.

It was well known that she was passionate about the protocol and was one of its best friends, she said. "Women will have an effective instrument in their hands to fight discrimination", she added. "This is an elevated moment for all of us." The only worry now was to think of a nice and symbolic moment to open it and for it to enter into force at the special session of the Assembly in 2000 entitled "Women 2000; gender, equality, development and peace in the twenty-first century".

VIVIAN PLINER-JOSEPHS, Secretary of the Working Group on the Optional Protocol to the Convention, said there would be no programme budget implications at this time.

The Commission then adopted the report of the Working Group.

Next, it approved a resolution recommending the Optional Protocol for adoption by the Economic and Social Council and the General Assembly, and also approved the text of the revised draft optional protocol.

By the draft resolution, submitted by the Chairperson of the Open-Ended Working Group (document E/CN.6/1999/WG/L.3), the Council would recommend the Optional Protocol to the General Assembly so it would adopt it and open for

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signature, ratification and accession. The Assembly would also call on all States which have signed, ratified or acceded to the Convention to sign and ratify or accede to the protocol as soon as possible. It would stress that States parties to the protocol should undertake to respect the rights and procedures provided by it and cooperate with the Committee on the Elimination of Discrimination Against Women at all stages of its proceedings under the protocol.

The Assembly would also stress that in fulfilment of its mandate as well as its functions under the protocol, the Committee should continue to be guided by the principles of non-selectivity, impartiality and objectivity. It would also request the Committee to hold meetings to exercise its function under the protocol after its entry into force, in addition to its meetings held under Article 20 of the Convention. The duration of such meetings shall be determined and, if necessary, reviewed by a meeting of the States parties to the protocol, subject to Assembly approval.

The Assembly, by further terms of the text, would request the Secretary- General to provide the staff and facilities necessary for the effective performance of the functions of the Committee under the protocol after its entry into force. The Secretary-General would also be requested to include information on the status of the protocol in her or his regular reports to the Assembly on the status of the Convention.

The draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women submitted by the Open-Ended Working Group is contained in document E/CN.6/1999/WG/L.2.

Under its provisions, the States parties to the protocol would recognize the competence of the Committee on the Elimination of Discrimination against Women to receive and consider communications submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State party, claiming to be victims of a violation of any of the rights set forth in the Convention on the Elimination of All Forms of Discrimination against Women by that State Party. Communications shall be in writing and shall not be anonymous.

Further, the Committee would receive no communication if it concerns a State party to the Convention that is not a party to the Protocol. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted, unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.

The Committee shall declare a communication inadmissible where: the same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement; it is incompatible with the provisions of the Convention; it is manifestly

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ill-founded or not sufficiently substantiated; it is an abuse of the right to submit a communication; the facts that are the subject of the communication occurred prior to the entry into force of the protocol for the State party concerned, unless those facts continued after that date.

After examining a communication, the Committee would transmit its views on it, together with its recommendations, if any, to the parties concerned. The State party would give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee. The Committee may invite the State party to submit further information about any measures it has taken in response to its views or recommendations.

Taking into account any observations that may have been submitted by the State party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to it. Where warranted and with the consent of the State party, the inquiry may include a visit to its territory. Moreover, a State party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill-treatment or intimidation as a consequence of communicating with the Committee pursuant to the protocol.

The protocol would enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession. No reservations to the protocol would be permitted.

Any State party may propose an amendment to the protocol and file it with the Secretary-General of the United Nations. Any amendment adopted by a majority of the States parties present and voting at the conference shall be submitted to the General Assembly for approval. Such amendments shall come into force when they have been approved by the Assembly and accepted by a two-thirds majority of the States parties to the protocol in accordance with their respective constitutional processes.

PATRICIA FLOR (Germany), Commission Chairperson, said that the adoption of protocol was a supreme moment for gender equality. The original draft of the Universal Declaration of Human Rights had stated that all men were born equal in dignity and rights -- that was then changed to all human beings were born equal in dignity and rights. However, it was not until 1970 that a Convention was adopted to protect the rights of women. That was the Convention on the Elimination of All Forms of Discrimination against Women. Hopefully with the optional protocol, inequality would finally be overturned at the turn of the century. She also hoped that the protocol would come into force at the beginning of the new millennium.

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ANGELA KING, Assistant Secretary-General and Special Adviser on Gender Issues and Advancement of Women, said the adoption of protocol by the Working Group yesterday and the decision today would send it on its way to the Economic and Social Council and ultimately to the General Assembly. Once the Assembly formally adopted the protocol and opened it for signature, ratification and accession, it was hoped that the ratification of 10 States required for the Protocol to enter into force would occur before the special session of the Assembly on "Women 2000: gender, equality, development and peace in the twenty-first century".

She said that once the protocol was adopted by the Assembly, "it will be up to all of us to turn this instrument into the kind of tool that so many of us, women and men, representatives of governments and NGOs, have worked so hard for". The adoption of the protocol was the fulfilment of one of the commitments of the Beijing Platform for Action, which had called for its speedy adoption. "We should use this solemn occasion to commit ourselves to achieving the second essential goal of the Platform for Action -- namely the universal ratification of the Convention by the year 2000." One hundred and sixty three States were currently party to the Convention. She urged the remaining States to benefit from the momentum created by the work on the protocol and do their utmost so that "we may celebrate the new millennium with an explicit and visible commitment by all States to the human rights of women".

The representative of India said the adoption of the protocol would send out a message of hope to those women in the world who had not been able to obtain redress for the violation of their human rights. But the protocol's greatest significance was the opportunity it offered through its examination of individual complaints, over and above the scrutiny of the regular reports of the Committee on the Elimination of Discrimination against Women. Given the widespread and pervasive nature of discrimination against women, an instrument such as the protocol would strengthen the protection and remedial mechanisms currently existing. However, it was crucial to address the issues of inequality that often lie at the root of discrimination through developmental measures that addressed poverty, education, employment and other factors.

The representative of Japan said the protocol was an important step forward in the development of international human rights instruments. Japan had put forth a number of proposals during the process of creating the Protocol. Her delegation hoped it would be acceded to by a large number of countries. Women all over the world were having their rights violated and the protocol would go a long way toward addressing that problem.

The representative of New Zealand said the conclusion of the protocol was a truly significant step on the twentieth anniversary of the Convention on the Elimination of All Forms of Discrimination against Women. She thanked all

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those in the working group who had worked to create a text acceptable to all delegations.

The representative of the Philippines said her delegation welcomed the adoption of the protocol. It was a historic moment that would be remembered as a significant step to protecting women's rights all over the world. The protocol should be a truly effective tool by allowing a broad interpretation of standing before the Committee.

The representative of Germany, on behalf of the European Union and Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Cyprus, Iceland and Liechtenstein, said the protocol was the first legally binding instrument specifically on the human rights of women concluded since 1979. It contained a number of elements which could be considered a progressive development and codification of the evolving practices of other international human rights treaty bodies.

She added that, it would now be an important aim for States parties to the Convention to sign and ratify or accede to the protocol as soon as possible. The effective protection of human rights did not only required strong legal texts, but also strong treaty bodies to perform their function efficiently. That should include sufficient additional staff and facilities to be given to the Committee on the Elimination of Discrimination against Women as soon as the protocol entered into force.

The representative of Luxembourg, on behalf of the French-speaking delegations, said the new instrument allowed not only for women to bring communications to the Committee, but it also allowed for an investigation mechanism where the Committee can visit the State concerned, with the State's permission. The rights of women must be protected especially for those who were victims of discrimination. The years to come should hold even greater promise for the protection of human rights all over the world.

The representative of Bangladesh said that four years of hard work had come to an end. The protocol was a milestone in the advancement of women's rights. For women around the world, it was a giant step forward in ensuring gender equality and should bring an end to women suffering in silence.

The representative of Slovenia said the protocol was one of the cornerstones in the protection of human rights. With the communications procedures, the protocol was open to all women to bring reports of discrimination to the Committee on the Elimination of Discrimination against Women. The Committee will have at its disposal a new and potentially powerful tool to ensure that the rights of women were protected. That was the first important step, the next step was the accession to the protocol by Member States.

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The representative of Norway said that the use and implementation of the protocol would be very important in the promotion and protection of human rights of women. The protocol could contribute to increasing women's general knowledge of the international human rights machinery, and thus lower the threshold for seeking protection and support under other instruments. The protocol deviated from his delegation's preferred option on several issues, and it was truly a compromise text.

The representative of the Republic of Korea said he believed that the optional protocol would serve as an effective mechanism to redress human rights violations of women all over the world. However, as it was the product of lengthy negotiations and compromises, it could not satisfy every State party. Nevertheless, it was still time to "crack the whip" and ensure its early entry in force.

The representative of Ghana said the protocol reflected the commitments of Beijing and it was hoped that it would soon enter into force. She hoped, however, that the protocol would be written in language that would make it understandable to the many women of the world.

The representative of the Russian Federation said the century started with the struggle to grant women electoral suffrage. It was fitting that it was now ending with the legal provision for women to petition on behalf of their legal rights. Nevertheless, like any instrument, the protocol had its defects. Not everything had turned out as desired, but it was still better to consider the glass as half full instead of half empty. It was good that women had been most actively involved in gaining consensus on the protocol -- men had just provided some help, she added.

The representative of Cuba said his country had been the second State to ratify the Convention on the Elimination of All Forms of Discrimination against Women, and therefore welcomed this further instrument which would strengthen it. Every effort must be made to ensure that the protocol came into force by the special session of the Assembly. He hoped, however, that the protocol would only be used in exceptional cases and that the human rights of women would instead be promoted at national levels.

The representative of the Dominican Republic said the protocol represented a step forward in defending the human rights of women. Notwithstanding, the challenge to be faced today was the passage from words to action -- the protocol had to be implemented. Her country would make every effort to ratify it as soon as possible in the coming millennium. Political determination to protect human rights was one of the major challenges.

The representative of Iraq said while the Protocol was the result of efforts to advance women, the Commission should not forget Iraqi women who were living under difficult conditions which had been caused by sanctions

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imposed against the country. Those women suffered and lived in silence and along with children were usually the first victims of the embargo. Adoption of the protocol "urges us to ask all women to work together to have the embargo lifted". By doing so, one of the most essential rights would be protected -- the right to life.

The representative of Turkey said the adoption of the protocol by consensus demonstrated the commitment of the international community to the rights of women. It would contribute to opening the way in creating an atmosphere where, in the future, no such protocols would be needed.

The representative of Yemen said the protocol would advance the status of women and protect them from discrimination. It was a new instrument to protect women from injustice and that was an important moment that would always be in the memory of women.

The representative of Senegal said her country joined the consensus that led to the approval of the protocol and it showed her country's support and commitment to women's and human rights. The protocol would provide a new and effective legal instrument to ensure the provisions of the Convention were respected.

The representative of Mongolia said the adoption of the protocol was an important step forward in protecting the rights of women all over the world.

The representative of Rwanda said she hoped that the protocol would serve as a useful instrument to protect the rights of women and human rights all over the world.

The representative of Mali said her delegation fully supported the statement made by Luxembourg, on behalf of the French-speaking delegations. She also thanked Ms. King on her work in promoting the rights of women.

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