International human rights instruments are a better means of achieving gender equality. Instead of focusing on commitments made to the Beijing Platform for Action, women have to assert equality as a human right. This is the call made by Savitri Goonesekere, professor of law at the University of Colombo, Sri Lanka, during the UNESCAP High Level Ministerial Meeting to Review Regional Implementation of the Beijing Platform for Action in Bangkok, Thailand on September 9, 2004. Her panel presentation highlighted the ‘rights-based approach’ adopted by many NGOs in advocating for women’s rights.

The Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) is a treaty backed by the concept of human rights embodied and upheld in other UN treaties. To date, 177 countries have already ratified CEDAW since it was formulated in 1979. Treaties are legal frameworks that place an obligation on signatory governments to implement similar legal structures within their own national laws. Countries abide by treaties through a concept of commitment embraced in the Vienna Convention on Treaties “pacta sunt servanda,” ‘that treaties bind all states parties and their governments, and must be implemented in good faith’. Some countries, such as Nepal, even have the concept of ‘monastic’ law, where if they have signed a treaty, it also becomes a law in their own country.

Compliance to the CEDAW is monitored by a 23-member committee that requires countries to report yearly on the extent of their implementation. Goonesekere is a member of the CEDAW committee.

The nature of treaties as international law places them as a priority above other goals set for countries. “Governments that have ratified CEDAW have an obligation under international law to sustain that commitment even when other development agendas [such as the Millenium Development Goals] are placed before them.” In addition, these governments are also obliged to eliminate laws that are in contradiction to the principles of CEDAW.

As remarked by Goonesekere and other women’s human rights activists at the HLM, there is still a large gap between ratification of the treaty and making it a legal instrument that can affect women’s lives.
Some countries already contain provisions in their Constitution guaranteeing gender quality, as a statement of a nation’s ideals. In countries where these ideals have been translated into law, inequality still exists from failure of enforcement. Awareness is important at all levels for implementation: by women as holders of rights, by the judiciary and by administrators of government services.

Goonesekere reported that the CEDAW committee has successfully requested some countries-- such as India, Sri Lanka, Maldives, Singapore and Fiji-- to have personal and family laws that interpret religious and cultural traditions so that they are not in conflict with CEDAW. She said that religion and custom cannot be excuses for failing to institutionalize gender equality, and an understanding of tradition allows for a humane implementation of law. CEDAW is relevant to a whole range of women’s issues, including education, health, land rights and violence in situations of armed conflict.

Women are also encouraged to be more informed of the law, be assertive of their rights, and be active in monitoring enforcement of these laws. Similarly, NGOs play a large role in raising awareness, and providing the CEDAW committee with ‘Shadow Reports’ that complement their own countries’ reports. Goonesekere also urges women to lobby their governments to ratify the Optional Protocol to CEDAW. This is a separate treaty that creates procedures for women to report to the CEDAW committee in cases where their rights have been violated but have not been given justice by their own countries.

More information about CEDAW, the Optional Protocol and women’s human rights can be accessed from the International Women’s Rights Action Watch Asia Pacific (IWRAW-AP) at <http://www.iwraw-ap.org> and at the UN Division for the Advancement of Women website at <http://www.un.org/womenwatch/daw/cedaw/sigop.htm>

Aileen Familara of Isis International Manila and for APWW