CSW 1996
The Commission on the Status of Women met for its 40th Session 11-22 March
1996.
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Report on the fortieth session (11-22 March 1996)
CONTENTS
I. MATTERS CALLING FOR ACTION BY THE ECONOMIC AND SOCIAL COUNCIL OR BROUGHT TO ITS
ATTENTION
A. Draft resolutions
I. Palestinian women
II. Follow-up to the Fourth World Conference on Women
B. Draft decisions
I. Renewal of the mandate 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
II. Report of the Commission on the Status of Women on its fortieth session and
provisional agenda and documentation for the forty-first session of the Commission
C. Matters brought to the attention of the Council
1. Agreed conclusions
1996/1. Methods of work for dealing with the implementation of the Platform for Action
adopted by the Fourth World Conference on Women
1996/2. Women and the media
1996/3. Child and dependant care, including sharing of work and family responsibilities
2. Resolutions and decision
Resolution 40/1. Release of women and children taken hostage in armed conflicts and
imprisoned
Resolution 40/2. Integration of women in the Middle East peace process
Resolution 40/3. Mainstreaming the human rights of women
Resolution 40/4. Traffic in women and girls
Resolution 40/5. International Research and Training Institute for the Advancement of
Women
Resolution 40/6. Violence against women migrant workers
Resolution 40/7. Attainment of strategic objectives and action to be taken in the
critical area of concern: women and the media
Resolution 40/8. Elaboration of a draft optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women
Resolution 40/9. Implementation of strategic objectives and action in the critical area
of concern: poverty
Resolution 40/10. Comments on the proposed system-wide medium-term plan for the
advancement of women, 1996-2001
Resolution 40/101. Reports relating to follow-up to the Fourth World Conference on
Women
II. FOLLOW-UP TO THE FOURTH WORLD CONFERENCE ON WOMEN
III. COMMUNICATIONS CONCERNING THE STATUS OF WOMEN
IV. ELABORATION OF A DRAFT OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF
ALL FORMS OF DISCRIMINATION AGAINST WOMEN
V. PROVISIONAL AGENDA FOR THE FORTY-FIRST SESSION OF THE COMMISSION
VI. ADOPTION OF THE REPORT OF THE COMMISSION ON ITS FORTIETH SESSION
VII. ORGANIZATION OF THE SESSION
A. Opening and duration of the session
B. Attendance
C. Election of officers
D. Agenda and organization of work
E. Consultations with non-governmental organizations
Annexes
I. Attendance
II. List of documents before the Commission at its fortieth session
III. Report 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
Chapter I
MATTERS CALLING FOR ACTION BY THE ECONOMIC AND SOCIAL COUNCIL OR BROUGHT TO ITS
ATTENTION
A. Draft resolutions
1. The Commission on the Status of Women recommends to the Economic and Social Council
the adoption of the following draft resolutions:
DRAFT RESOLUTION I
Palestinian women*
The Economic and Social Council,
Having considered with appreciation the report of the Secretary-General on the
situation of and assistance to Palestinian women, 1/
Recalling the Nairobi Forward-looking Strategies for the Advancement of Women, 2/ in
particular paragraph 260 concerning Palestinian women and children, and the Beijing
Platform for Action adopted by the Fourth World Conference on Women, 3/
Recalling also its resolution 1995/30 of 25 July 1995 and other relevant United Nations
resolutions,
Recalling the Declaration on the Elimination of Violence against Women 4/ as it
concerns the protection for civilian populations,
Welcoming the signing by the Palestine Liberation Organization and the Government of
Israel of the Declaration of Principles on Interim Self-Government Arrangements, 5/ in
Washington, D.C., on 13 September 1993, as well as all subsequent agreements reached
between the two parties,
Concerned about the continuing difficult situation of Palestinian women in the occupied
Palestinian territory, including Jerusalem, and about the severe consequences of
continuous Israeli illegal settlements activities, as well as the harsh economic
conditions and other consequences for the situation of Palestine women and their families,
resulting from the frequent closure and isolation of the occupied territory,
1/ E/CN.6/1996/8.
2/ Report of the World Conference to Review and Appraise the Achiements of the
United Nations Decade for Women: Equality, Development and Peace, Nairobi, 15-26 July 1986
(United Nations publication, Sales No. E.85.IV.10), chap. I, sect. A.
3/ Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995
(A/CONF.177/20 and Add.1), chap. I, resolution 1, annex II.
4/ General Assembly resolution 48/104.
5/ A/48/486-S/26560, annex.
1. Recognizes the gradual, positive changes that are taking place as a result of the
implementation of the agreements between the two parties;
2. Reaffirms that the Israeli occupation continues to constitute a major obstacle to
the advancement and self-reliance of Palestinian women and their integration in the
development planning of their society;
3. Demands that Israel, the occupying Power, comply fully with the provisions and
principles of the Universal Declaration of Human Rights, the Hague Conventions 7/ and the
Geneva Convention relative to the protection of Civilian Persons in Time of War, of 12
August 1949, 8/ in order to protect the rights of Palestinian women and their families;
4. Calls upon Israel to facilitate the return of all refugee and displaced Palestinian
women and children to their homes and properties in the occupied Palestinian territory, in
compliance with relevant United Nations resolutions;
5. Urges Member States, financial organizations of the United Nations system,
non-governmental organizations and other relevant institutions to intensify their efforts
to provide financial and technical assistance to Palestinian women for the creation of
projects responding to their needs, especially during the transitional period;
6. Requests the Commission on the Status of Women to continue to monitor and take
action on the implementation of the Nairobi Forward-looking Strategies for the Advancement
of Women, 2/ in particular paragraph 260 concerning Palestinian women and children, and
the Beijing Platform for Action; 3/
7. Requests the Secretary-General to continue to review the situation and to assist
Palestinian women by all available means, and to submit to the Commission on the Status of
Women at its forty-first session a report on progress made in the implementation of the
present resolution.
6/ General Assembly resolution 217 A (III)
7/ Carnegie Endowment for International Peace, The Hague Conventions and
Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
8/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
DRAFT RESOLUTION II
Follow-up to the Fourth World Conference on Women
The Economic and Social Council,
Welcoming the outcome of the Fourth World Conference on Women, held at Beijing from 4
to 15 September 1995, and the adoption of the Platform for Action, 3/
Bearing in mind Economic and Social Council resolutions ll (II) of 21 June 1946 and 48
(IV) of 29 March 1947, by which the Council established the Commission on the Status of
Women and defined its terms of reference, and 1987/22 of 26 May 1987, by which the Council
expanded the mandate of the Commission,
Taking into account agreed conclusions 1995/1, approved by the Council on 28 July 1995,
9/ as well as General Assembly resolution 50/203 of 22 December 1995, on the follow-up to
the Fourth World Conference on Women and full implementation of the Beijing Declaration
and the Platform for Action, in which the Assembly invited the Economic and Social Council
to review and strengthen the mandate of the Commission,
Acknowledging the decision of the Committee on the Elimination of Discrimination
against Women to add to its reporting guidelines an invitation to States parties to
include in their report to the Committee information on measures taken to implement the
Platform for Action, in order to monitor effectively, within its mandate, the rights
guaranteed under the Convention on the Elimination of All Forms of Discrimination against
Women,
I Framework for the functioning of the Commission
Recalling that the General Assembly, in resolution 50/203, decided that the General
Assembly, the Economic and Social Council and the Commission on the Status of Women, in
accordance with their respective mandates and in accordance with Assembly resolution
48/162 of 20 December 1993 and other relevant resolutions, should constitute a
three-tiered intergovernmental mechanism that would play the primary role in the overall
policy-making and follow-up, and in coordinating the implementation and monitoring of the
Platform for Action, reaffirming the need for a coordinated follow-up to and
implementation of the results of major international conferences in the economic, social
and related fields,
Convinced that the follow-up to the Fourth World Conference on Women should be
undertaken on the basis of an integrated approach to the advancement of women within the
framework of a coordinated follow-up to and implementation of the results of major
international conferences in the economic, social and related fields, as well as the
overall responsibilities of the General Assembly and the Economic and Social Council,
1. Decides that the Commission on the Status of Women shall have a catalytic role in
mainstreaming a gender perspective in policies and programmes;
2. Decides that the inter-agency committee on the follow-up to the Fourth World
Conference on Women, once established by the Administrative Committee on Coordination,
shall inform the Commission and the Economic and Social Council of the progress of its
work, for the purpose of system-wide coordination, and that a gender perspective shall
also be fully integrated in the work of all thematic task forces established by the
Administrative Committee on Coordination;
3. Decides that the Platform for Action should be implemented through the work of all
the bodies and organizations of the United Nations system during the period 1995-2000, and
notes that the institutions of the United Nations especially devoted to the advancement of
women, including the International Research and Training Institute for the Advancement of
Women and the United Nations Development Fund for Women, are in the process of reviewing
their programmes of work in the light of the Platform for Action and its implementation;
4. Decides, in view of the traditional importance of non-governmental organizations in
the advancement of women, that such organizations should be encouraged to participate in
the work of the Commission and in the monitoring and implementation process related to the
Conference to the maximum extent possible, and requests the Secretary-General to make
appropriate arrangements to ensure full utilization of existing channels of communication
with non-governmental organizations in order to facilitate broad-based participation and
dissemination of information;
5. Decides, in recognition of the valuable contribution of non-governmental
organizations to the Fourth World Conference on Women, that the Council and its Committee
on Non-Governmental Organizations will review the applications of these non-governmental
organizations under Council resolution 1296 (XLIV) of 23 May 1968 as expeditiously as
possible, and also decides that, prior to the forty-first session of the Commission on the
Status of Women, the Council will take a decision on the participation of the
non-governmental organizations that were accredited to the Conference and that have
applied for consultative status, in Conference follow-up and in the work of the Commission
on the Status of Women, without prejudice to the work of the Open-ended Working Group on
the Review of Arrangements for Consultation with Non-Governmental Organizations;
6. Requests the Secretary-General urgently to draw the attention of non-governmental
organizations accredited to the Fourth World Conference on Women to the provisions of the
present resolution and to the process established under Council resolution 1296 (XLIV);
9/ A/50/3, chap. III, para. 22.
II Terms of reference
1. Confirms the existing mandate of the Commission on the Status of Women as set out in
its resolutions 11 (II), 48 (IV) and 1987/22, bearing in mind that the Platform for Action
builds upon the Nairobi Forward-looking Strategies for the Advancement of Women;
2. Decides that the Commission shall assist the Economic and Social Council in
monitoring, reviewing and appraising progress achieved and problems encountered in the
implementation of the Beijing Declaration and Platform for Action at all levels, and shall
advise the Council thereon;
3. Decides that the Commission shall continue to ensure support for mainstreaming a
gender perspective in United Nations activities and develop further its catalytic role in
this regard in other areas;
4. Decides further that the Commission shall identify issues where United Nations
system-wide coordination needs to be improved in order to assist the Council in its
coordination function;
5. Decides that the Commission shall identify emerging issues, trends and new
approaches to issues affecting the situation of women or equality between women and men
that require urgent consideration, and make substantive recommendations thereon;
6. Decides that the Commission shall maintain and enhance public awareness and support
for the implementation of the Platform for Action;
III Documentation
1. Requests that all United Nations documentation be kept concise, clear, analytical
and timely with a focus on relevant issues and in accordance with Council resolution
1987/24 of 26 May 1987 and agreed conclusions 1995/1, approved by the Council on 28 July
1995; 9/ that reports contain recommendations for action and indicate the actors; that
reports be available in all official languages, in accordance with the rules of the United
Nations; and that other methods of reporting, such as oral reports, also be explored;
2. Requests that the relevant reports of the meetings of inter-agency mechanisms
established by the Secretary-General be transmitted for information to the Commission to
ensure coordination, collaboration and coherence in the implementation of the Platform for
Action;
3. Decides that requests for reports of the Secretary-General should be limited to the
minimum strictly necessary and that the Secretariat should use information and data
already provided by Governments to the maximum extent possible, avoiding duplication of
requests to Governments for such information;
4. Decides further that voluntary submission of national information, for example
national action plans or national reports by Governments, should be encouraged;
5. Requests that the following reports be prepared under item 3, entitled
"Follow-up to the Fourth World Conference on Women", of the agenda set out in
section IV, paragraph 3, of the present resolution, bearing in mind the need to promote
integrated reporting:
(a) Report of the Secretary-General on the measures taken and the progress achieved in
mainstreaming a gender perspective within the United Nations system (annually);
(b) Analytical report of the Secretary-General on the thematic issues before the
Commission in accordance with the multi-year work programme, including, as far as
possible, progress made in national implementation, based on available data and statistics
(annually);
(c) Report on emerging issues under item 3 (b) of the agenda set out in section IV,
paragraph 3, of the present resolution, as appropriate, at the request of the Commission
or its Bureau;
(d) Synthesized report on implementation plans of Governments and the United Nations
system, based, inter alia, on national action plans and any other sources of information
already available in the United Nations system (in 1998);
(e) Mid-term review of the system-wide medium-term plan for the advancement of women,
1996-2001 (in 1998);
(f) Report on the implementation of the Platform for Action, on the basis of national
reports, taking into account the Nairobi Forward-looking Strategies for the Advancement of
Women (in 2000);
IV Work programme of the Commission on the Status of Women
1. Adopts a multi-year work programme for a focused and thematic approach, culminating
in a quinquennial review and appraisal of the Platform for Action of the Fourth World
Conference on Women; the work programme, inter alia, will provide a framework to assess
the progress achieved in the implementation of the Platform for Action and will be in line
with the coordinated follow-up to conferences;
2. Decides that the work of the Commission in relation to the programme of work shall
be closely related to the relevant provisions of the Platform for Action, with a view to
ensuring the effective implementation of the Platform for Action;
3. Decides that the agenda for the Commission shall consist of the following:
1. Election of officers.
2. Adoption of the agenda and other organizational matters.
3. Follow-up to the Fourth World Conference on Women:
(a) Review of mainstreaming in organizations of the United Nations system;
(b) Emerging issues, trends and new approaches to issues affecting the situation of
women or equality between women and men;
(c) Implementation of strategic objectives and action in the critical areas of concern.
4. Communications concerning the status of women.
5. The Convention on the Elimination of All Forms of Discrimination against Women,
including the elaboration of a draft optional protocol to the Convention.
6. Provisional agenda for the forty-second session of the Commission.
7. Adoption of the report of the Commission on its forty-first session.
4. Decides, in the light of the need for a focused and thematic multi-year work
programme on the critical areas of concern and bearing in mind that the critical areas of
concern are interrelated and interdependent, on the following calendar:
1997 Education and training of women (Platform for Action, chap. IV.B)
Women and the economy (Platform for Action, chap. IV.F)
Women in power and decision-making (Platform for Action, chap. IV.G)
Women and the environment (Platform for Action, chap. IV.K)
1998 Violence against women (Platform for Action, chap. IV.D)
Women and armed conflict (Platform for Action, chap. IV.E)
Human rights of women (Platform for Action, chap. IV.I)
The girl child (Platform for Action, chap. IV.L)
1999 Women and health (Platform for Action, chap. IV.C)
Institutional mechanisms for the advancement of women (Platform for Action, chap. IV.H)
Initiation of the comprehensive review and appraisal of the implementation of the
Platform for Action
2000 Comprehensive quinquennial review and appraisal of the implementation of the
Platform for Action
Emerging issues
V Regional dimension
Recalling the important role played by regional preparatory conferences in the
preparations for the Fourth World Conference on Women and that plans and programmes of
action were adopted that served as essential inputs to the Beijing Declaration and
Platform for Action,
1. Recommends that the regional follow-up and monitoring of the regional platforms and
programmes of action should be utilized as inputs for the review and appraisal of the
Beijing Declaration and Platform for Action;
2. Recommends further that the Council should consider how best to integrate the inputs
of regional commissions into the overall monitoring and follow-up to the Platform for
Action.
B. Draft decisions
2. The Commission on the Status of Women recommends to the Economic and Social Council
the adoption of the following draft decisions:
DRAFT DECISION I
Renewal of the mandate 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*
The Economic and Social Council decides:
(a) To renew the mandate of the in-session 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, so that it may continue its work, taking into account the
reports to be submitted under resolution 40/8 of the Commission on the Status of Women,
pursuant to Council resolution 1995/29 of 24 July 1995;
(b) To authorize, within existing United Nations resources, the Working Group to meet
in parallel with the Commission at its forty-first session;
(c) To invite a representative of the Committee on the Elimination of Discrimination
against Women to attend this meeting as a resource person.
DRAFT DECISION II
Report of the Commission on the Status of Women on its fortieth session and provisional
agenda and documentation for the forty-first session of the Commission
The Economic and Social Council takes note of the report of the Commission on the
Status of Women on its fortieth session and approves the provisional agenda and
documentation for the forty-first session of the Commission set out below.
1. Election of officers.
2. Adoption of the agenda and other organizational matters.
3. Follow-up to the Fourth World Conference on Women:
(a) Review of mainstreaming in organizations of the United Nations system;
Documentation
Report of the Secretary-General on the measures taken and the progress achieved in
mainstreaming a gender perspective within the United Nations system
(b) Emerging issues, trends and new approaches to issues affecting the situation of
women or equality between women and men;
Documentation
Report of the Secretary-General on emerging issues, as appropriate, at the request of
the Commission or its Bureau
(c) Implementation of strategic objectives and action in the critical areas of concern;
Documentation
Analytical report of the Secretary-General on the thematic issues before the Commission
in accordance with the multi-year work programme, including, as far as possible, progress
made in national implementation, based on available existing data and statistics
4. Communications concerning the status of women.
Documentation
Lists of confidential and non-confidential communications concerning the status of
women
5. The Convention on the Elimination of All Forms of Discrimination against Women,
including the elaboration of a draft optional protocol to the Convention.
Documentation
Report of the Secretary-General containing additional views of Governments,
intergovernmental organizations and non- governmental organizations on an optional
protocol to the Convention, as well as a comparative summary of existing communications
and inquiry procedures and practices under international human rights instruments and
under the Charter of the United Nations
6. Provisional agenda for the forty-second session of the Commission.
7. Adoption of the report of the Commission on its forty-first session.
* For the discussion, see chap. IV. ** See chap. V. C. Matters brought to the attention
of the Council
1. Agreed conclusions
3. The following agreed conclusions of the Commission are brought to the attention of
the Council:
Agreed conclusions 1996/1. Methods of work for dealing with the implementation of the
Platform for Action adopted by the Fourth World Conference on Women*
1. The Commission on the Status of Women adopted the conclusions regarding its methods
of work set out below.
2. The Commission considers that its effectiveness and efficiency could be improved
through innovative methods of work, including inviting experts to participate in the
substantive debate on selected issues as part of the regular work of the Commission.
3. These innovative methods must be understood as a process that includes not only the
sessions of the Commission but also the organization of work. Broad-based participation in
the preparatory process for each session of the Commission must be encouraged. The
practice of periodically convening meetings of the Bureau of the Commission open to the
participation of all interested States should be encouraged and consolidated.
4. The documentation prepared for each item of debate should be available in all
official languages in sufficient time to ensure active and wide participation in
discussions.
5. The practice of inviting experts is expected to deal effectively with the critical
areas of concern established in the Beijing Platform for Action and to contribute to the
effective follow-up of the Conference. The experts should be chosen from the fields of
study addressed under the critical areas of concern, taking into account equitable
geographical distribution and the involvement of non-governmental organizations.
6. Panels of experts should be formed. They should include experts appointed by the
Secretary-General, experts working within the United Nations system, and experts from
Governments and from civil society.
7. The selection of experts, the composition of the panels, and the allocation of time
to dialogues should be decided inter-sessionally by the Bureau of the Commission, taking
into consideration the proposals of the United Nations Secretariat. The Secretariat should
prepare a list of candidates for the panels based on suggestions from States and civil
society. The Bureau should convene meetings open to the participation of all interested
States to ensure a broad base of participation.
8. Meetings should be allotted for dialogue with organizations within the United
Nations system and civil society and among governmental delegations. Sufficient time
should be devoted to intergovernmental dialogue.
9. The results of dialogues should normally be reflected in concise, action-oriented
agreed conclusions to be transmitted to the Economic and Social Council by a Commission
decision. They should also contain policy recommendations and identify coordination issues
to be dealt with by the Council.
10. The Commission, in order to strengthen its capacity to act as a catalyst in support
of mainstreaming a gender perspective in the work of the United Nations system, to
identify emerging issues, trends and new approaches affecting the situation of women or
equality between women and men, and to review and appraise progress achieved and problems
encountered in implementation of critical areas of concern in the Platform for Action:
(a) Should strengthen its cooperation with other relevant bodies of the United Nations
system, including other functional commissions and their respective secretariats;
(b) Should monitor progress on the system-wide medium-term plan for the advancement of
women;
(c) Should make relevant documents available, through the Economic and Social Council,
to other functional commissions and relevant United Nations expert bodies and mechanisms
in order to assist in the integration of a gender perspective in their work;
(d) Notes, bearing in mind the role of the Economic and Social Council in overall
coordination, that increased dialogue between the Bureau of the Commission on the Status
of Women and the Economic and Social Council, the chairpersons and secretariats, as
appropriate, of the other functional commissions, other subsidiary bodies and related
bodies, including the relevant executive boards, would assist in identifying issues that
could be addressed under the agenda item on emerging issues and trends;
(e) Encourages the voluntary presentation of national information and suggests that
such information should address the priority issues identified by the Commission on the
Status of Women in its programme of work, bearing in mind that Governments are to develop
comprehensive implementation strategies or national plans of action, including time-bound
targets and benchmarks for monitoring, in order to implement the Platform for Action
fully;
(f) Encourages States to submit national reports by the year 2000 for the comprehensive
quinquennial review and appraisal of the implementation of the Platform for Action in the
year 2000.
Agreed conclusions 1996/2. Women and the media*
1. The Beijing Platform for Action identifies women and the media as one of 12 critical
areas of concern. As stated in the Beijing Platform for Action, gender stereotyping in
advertising and the media is one of the factors of inequality that influences attitudes
towards equality between women and men. Through a series of dialogues on the subject
during its fortieth session, the Commission on the Status of Women examined measures to be
used for increasing the participation and access of women to expression and
decision-making in and through the media and new technologies of communication. Everywhere
the potential exists for the media to make a far greater contribution to the advancement
of women. The conclusions emanating from the Commission's dialogue contain proposals for
successful implementation of the strategic objectives and actions in the Platform for
Action, taking into consideration the importance of implementing all the elements of the
Platform.
A. Respect for the human rights of women, including freedom of expression, and the
media
2. The Commission on the Status of Women reconfirmed the importance it attached to the
principles of freedom of expression and of freedom of the press and other means of
communication. The Commission discussed freedom of expression from a gender perspective,
in particular as it related to women's full enjoyment of freedom of expression, equal
access to the media, balanced and diverse portrayals by the media of women and their
multiple roles, and media information aimed at eliminating all forms of violence against
women. Respect for the human rights of women, including freedom of expression, is a
fundamental principle of the international community. In this regard, concern was also
expressed about discrimination, threats and acts of violence against professional women in
the field of information, including women journalists. If the goal of the full realization
of the human rights of women, including freedom of expression, is to be achieved, human
rights instruments must be applied in such a way as to take more clearly into
consideration the systematic and systemic nature of discrimination against women that
gender analysis has clearly indicated.
3. Relevant United Nations bodies, including the Commission on Human Rights and its
mechanisms and procedures, the Committee on the Elimination of Discrimination against
Women and independent expert bodies, should within their mandates, further examine
violations of the human rights of women, including freedom of opinion and freedom of
expression, from a gender perspective, in cooperation with the Commission on the Status of
Women within its mandate.
B. Self-regulation, voluntary guidelines and responsiveness to civil society
4. The Platform for Action states that self-regulatory mechanisms by the media should
be encouraged and, consistent with freedom of expression, should include the development
of professional guidelines and codes of conduct and other forms of self-regulation so as
to eliminate gender-biased programming and to promote the presentation of
non-stereotypical images of women and balanced and diverse portrayals of women and men.
5. In the context of responsiveness to civil society, self-regulation for public and
private sector industries should be set within a framework of monitoring, awareness and
education and well-developed and effective avenues for complaint. Such self-regulatory
measures and voluntary guidelines should be established through a process of dialogue with
media professionals, not by coercion.
6. With regard to the presentation of violence in the media, initiatives by Governments
and other relevant actors, as appropriate, should be taken to raise awareness of the role
of the media in promoting non-stereotyped images of women and men and in eliminating
patterns of media presentation that generate violence; to encourage those responsible for
media content to establish voluntary professional guidelines and codes of conduct; and to
raise awareness also of the important role of the media in informing and educating people
about the causes and effects of violence against women.
7. The following initiatives are among those which could be taken, as appropriate,
consistent with the freedom of expression:
(a) Encourage the media to take part in international discussions, including the
exchange of information and sharing of best practices on voluntary guidelines on a
gender-balanced portrayal of women and men. Special attention should be given to the
proliferation of transborder and global communications;
(b) Support and encourage women's equal participation in management, programming,
education, training and research, including through positive action and equal opportunity
policies, with the goal of achieving gender balance in all areas and at all levels of
media work, as well as in the media advisory, regulatory and monitoring bodies.
C. The important role of media education
8. Media education, through, for example, practical workshops and training sessions, is
an effective way to create greater awareness of gender stereotyping and equality issues
among the general public, government, media industries and professionals.
9. In countries where major parts of the population, including many women, are
illiterate or media illiterate, Governments should support the goal of providing
appropriate education and training.
10. Civil society at large has an important role in exercising its influence on media
content and stereotyped portrayal through consumer action and advocacy and different forms
of media watch.
11. At the international level, an exchange of national experiences on media education
and other measures can benefit legislators, national broadcasting authorities and media
professionals.
D. Creating an enabling environment
12. The creation of a positive environment is a condition to promote measures intended
to achieve a balanced portrayal of women and girls. Changes should be promoted in an
enabling way and not through prescription. Ongoing research, including the establishment
of indicators and monitoring, is important for assessing progress.
13. An enabling environment should also be created for women's media, including at the
international level, such as the development of Womenwatch, a World Wide Web home page to
link the United Nations and its activities for women with non-governmental organizations,
academics and other users of the Internet. The vital role of non-governmental
organizations in media education, research, consumer advocacy and monitoring should be
recognized and enhanced.
14. Media networks should be encouraged to make a commitment or strengthen their
commitment to gender equality. Public media, where they exist, should be encouraged to set
an example for private media by their commitment and contribution to the advancement of
women.
15. Governments should support research into all aspects of women and the media so as
to define areas needing attention and action, and should review existing media policies
with a view to integrating a gender perspective.
16. To the extent consistent with freedom of expression, Governments should take
effective measures or institute such measures, including appropriate legislation against
pornography and the projection of violence against women and children in the media.
E. Women and global communications
17. Advances in information technology have opened up boundaries. The role of women in
global communication networks needs to be strengthened. Barriers to such information
technology and to women's involvement at every level of its development should be reduced.
Agreed conclusions 1996/3. Child and dependant care, including sharing of work and
family responsibilities*
1. Questions relating to child and dependant care, to sharing of family tasks and
responsibilities and to unremunerated work must be taken fully into account in
mainstreaming a gender perspective, in gender analysis and in all other relevant
methodologies used to promote equality between men and women.
2. The main lines of action suggested in order to reduce the burden of family
responsibilities on women and bring about the sharing of these responsibilities are set
out below.
A. Recognizing change
3. Economic, social and demographic changes - particularly the growing participation of
women in economic and social life, the evolving nature of family structures, the
feminization of poverty and the link that exists with unremunerated work - and their
impact on the capacity of families to ensure the care of children and dependants, as well
as the sharing of family responsibilities, including for domestic work, is an issue that
affects not only women but society as a whole.
4. As was emphasized in the first plans and strategies drawn up at the national level
for the implementation of the Beijing Platform for Action, the sharing of family
responsibilities and their reconciliation with professional life must constitute a
priority objective.
B. Increasing the role of men in family responsibilities
5. Family responsibilities rest equally with men and with women. Greater participation
of men in family responsibilities, including domestic work and child and dependant care,
would contribute to the welfare of children, women and men themselves. Even though this
change is bound to be slow and difficult, it remains essential.
6. These changes, which imply a change in outlook, can be encouraged by Governments,
notably through education and by promoting greater access on the part of men to activities
hitherto regarded as women's activities.
C. Changing attitudes and stereotypes
7. It is important to change attitudes towards the status of unremunerated work and the
relative role of women and men in the family, the community, the workplace and society at
large. Measures taken to this end must be aimed as much at women as at men, and at the
different generations, with particular attention to adolescents.
8. These measures should include recognition of the social and economic importance of
unremunerated work, and should aim at desegregating the labour market through, inter alia,
the adoption and application of laws embodying the principle of equal pay for women and
men for equal work or work of equal value.
9. The essential role of the educational system, particularly in primary schools, in
changing the perception of the role of girls and boys, must be recognized. The role of
national mechanisms and of non-governmental organizations in promoting change is a major
one.
D. Adapting the legal system
10. There is a need, through legislation and/or other appropriate measures, to
rebalance the sharing of family responsibilities between men and women, and to inform them
of the existing legislative provisions.
11. Reconciliation of work-related and family responsibilities and the development of a
legislative framework for ensuring child and dependant care (particularly of the elderly
and disabled) must be promoted by society as a whole, including social partners, and by
Governments. The latter must be the main agents of change.
12. Action is needed to:
(a) Promulgate and apply laws and other measures to prohibit all forms of direct or
indirect discrimination based on gender or matrimonial status, inter alia, by making
reference to family responsibilities;
(b) Promote laws on maternity leave;
(c) Promote legislative measures, incentives and/or measures of encouragement that
would enable men and women to take parental leave and receive social security benefits.
Such measures should protect working men and women against dismissal and guarantee their
right to re-enter employment in an equivalent post;
(d) Promote conditions and a way of organizing work that would enable women and men to
reconcile their family and professional life, particularly through the introduction of
flexi-time for women and men;
(e) Eliminate the differences in remuneration between women and men for equal work or
work of equal value, and promote the development of non-discriminatory methods of
evaluating work and their inclusion in wage negotiations;
(f) Work actively towards ratification of or accession to and implementation of
international and regional human rights treaties;
(g) Ratify and accede to and ensure implementation of the Convention on the Elimination
of All Forms of Discrimination against Women so that universal ratification can be
achieved by the year 2000;
(h) Ensure the application of laws and guidelines and encourage the adoption of
voluntary codes of conduct which guarantee that international labour standards, such as
International Labour Organization Convention No. 100 on equality of remuneration of men
and women for equal work or work of equal value, apply equally to working women and
working men;
(i) Encourage the participation of women in bodies responsible for negotiating working
conditions. In this respect, it is interesting to note the relationship that exists
between the proportion of women participating in negotiations on working conditions and
the importance attached to this problem;
(j) Encourage social security regimes to take into account the time spent by working
men and women on child and dependant care.
E. Adopting and promoting a family support policy and encouraging reconciliation of
family and professional life for women and men
13. It is essential to define, at the national, regional and local levels, a family
support policy that is based on the principle of equal sharing of family responsibilities
and is consistent with the policies for promoting equality in the labour market and
protecting the rights of the child. Particular attention should be paid to single-parent
families. There is a need, where necessary, to revise legislation so that women are no
longer defined as "minors" and/or dependants and to ensure that they enjoy the
same access to resources as men.
14. The State and society at large have a responsibility for child and dependant care.
This responsibility is reflected in the adoption of an integrated approach at the local
and national levels in order to ensure access to affordable and reliable services for the
children and dependants (particularly those who are elderly and disabled) of women and men
who are working, undergoing training, studying or seeking employment. This responsibility
can also take the form of incentives for parents and employers, of a partnership between
local authorities, management and labour, non-governmental organizations and the private
sector, and of the provision of technical assistance and access to vocational training.
15. With a view to complementing the efforts being made in this direction by
Governments, international financial institutions should be encouraged to take into
account the growing need for financing to establish day-care nurseries, particularly in
areas where there is a greater concentration of poverty, in order to facilitate the
training of mothers or their entry into paid employment.
16. Child and dependant care can constitute a major source of new jobs for women and
men.
17. The burden of domestic work needs to be eased by making use of appropriate
technologies to provide drinking water and an energy supply.
F. Developing research and information exchange
18. Research could be conducted drawing on the capabilities of the various United
Nations organizations, particularly in the following areas, when compatible with the
system-wide medium-term plan for the advancement of women, 1996-2001;
(a) Changes in the situation and attitudes of men and women with regard to the
reconciliation of family and professional life and the sharing of family responsibilities
- in particular, a study should be conducted in the context of sub-Saharan Africa;
(b) Compilation of data on the unremunerated work which is already taken into account
in the System of National Accounts, 10/ for example in agriculture and other types of
non-mercantile production activity;
(c) Collection and exchange of information on the different systems that exist for
alimony payments;
(d) Unremunerated work which addresses the measuring and value of this work, within the
framework of the implementation of the Platform for Action;
(e) Time-use surveys of unremunerated work of women and men, with a view to measuring
its impact on the use and monitoring of economic and social policies.
G. Promoting change through international cooperation
19. The Commission on the Status of Women recommends to the Economic and Social Council
that all the strategies and policies of the United Nations and of Member States designed
to promote gender equality should take fully into account child and dependant care,
sharing of family work and responsibilities between men and women, and unremunerated work,
as integral parts of the concept of equality between men and women.
20. The Commission on the Status of Women recommends to the Economic and Social Council
that the suggestions set out above be taken into account in defining the policies of the
United Nations system, as well as those of Member States.
10/ United Nations publication, Sales No. E.94.XVII.4.
2. Resolutions and decision
4. The following resolutions and decision adopted by the Commission are brought to the
attention of the Council:
Resolution 40/1. Release of women and children taken hostage in armed conflicts and
imprisoned
The Commission on the Status of Women,
Recalling its resolution 39/2 of 31 March 1995,
Recalling the relevant provisions contained in the instruments of international
humanitarian law relative to the protection of women and children in areas of armed
conflict,
Welcoming the adoption of the Beijing Declaration and Platform for Action by the Fourth
World Conference on Women, 11/ including the provisions regarding violence against women
and children,
Expressing grave concern at the continuation of armed conflicts in many regions
throughout the world and at the human suffering and humanitarian emergencies that they
have caused,
Emphasizing that all forms of violence committed against women and children in areas of
armed conflict, including capturing them as hostages, seriously contravene international
humanitarian law,
Expressing its strong belief that the rapid and unconditional release of women and
children taken hostage in areas of armed conflict will promote the implementation of the
noble goals enshrined in the Beijing Declaration and Platform for Action,
1. Condemns violent acts in contravention of international humanitarian law against
civilian women and children in areas of armed conflict, and calls for an effective
response to such acts, including the immediate release of such women and children taken
hostage in areas of armed conflict;
2. Strongly urges all parties to armed conflicts to respect fully the norms of
international humanitarian law in armed conflict and to take all measures required for the
protection of women and children, in particular the immediate release of women and
children taken hostage or imprisoned;
3. Urges all parties to conflicts to provide information and unimpeded access to
specialized assistance for women and children taken hostage in areas of armed conflict;
4. Requests the Secretary-General and all relevant international organizations to use
all their capabilities and efforts to facilitate the release of all women and children
taken hostage in areas of armed conflict;
5. Also requests the Secretary-General to submit a report on the implementation of the
present resolution to the Commission on the Status of Women at its forty-first session.
11/ Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995
(A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I and II.
Resolution 40/2. Integration of women in the Middle East peace process
The Commission on the Status of Women,
Recalling General Assembly resolution 50/21 of 12 December 1995, Economic and Social
Council resolution 1995/52 of 28 July 1995 and Commission on the Status of Women
resolution 39/3 of 31 March 1995,
Recalling also the Beijing Declaration and Platform for Action adopted by the Fourth
World Conference on Women, 11/
Stressing that the achievement of a comprehensive, just and lasting settlement of the
Middle East conflict will constitute a significant contribution to strengthening
international peace and security,
Recalling the convening of the Peace Conference on the Middle East at Madrid on 30
October 1991, on the basis of Security Council resolutions 242 (1967) of 22 November 1967
and 338 (1973) of 22 October 1973, and the subsequent bilateral negotiations, as well as
the meetings of the multilateral working groups, and noting with satisfaction the broad
international support for the peace process,
Noting the continuing positive participation of the United Nations as a full
extraregional participant in the work of the multilateral working groups,
Bearing in mind the Declaration of Principles on Interim Self-Government Agreements,
12/ and subsequent agreements made in the context of the Middle East peace process,
Taking into account section E of chapter IV of the Beijing Platform for Action
concerning women and armed conflict,
1. Welcomes the peace process started at Madrid, and supports the subsequent bilateral
negotiations;
2. Stresses the importance of, and need for, achieving a comprehensive, just and
lasting peace in the Middle East, expresses its full support for the achievements of the
peace process thus far and urges all parties to implement the agreements reached;
3. Urges Governments, intergovernmental bodies and non-governmental organizations to
include women in the peace process;
4. Also urges Governments, intergovernmental bodies and non-governmental organizations
to support the implementation of the Declaration of Principles and to assist the
Palestinian people to ensure Palestinian women's political development and participation;
5. Welcomes the results of the Conference to Support Middle East Peace, convened in
Washington on 1 October 1993, including the establishment of the Ad Hoc Liaison Committee,
the subsequent work of the World Bank Consultative Group, welcomes also the appointment by
the Secretary-General of the "United Nations Special Coordinator in the Occupied
Territories", and urges Member States to expedite economic, financial and technical
assistance to the Palestinian people, particularly Palestinian women and children, during
the interim period;
6. Supports the Declaration of the Summit of the Peacemakers, held in Sharm El-Sheikh,
Egypt on 13 March 1996, which had as its objectives enhancing the peace process, promoting
security and combating terrorism, and condemns terrorist attacks in the Middle East, which
seek to undermine the peace process and which have caused loss of life and injuries among
women and their families;
7. Calls upon all Member States to extend economic, financial and technical assistance
to parties in the region and to render support for the peace process, especially with
regard to women;
8. Urges Member States to ensure that all economic, financial and technical assistance
to parties in the region take into account the role of women as full participants and
beneficiaries;
9. Considers that an active United Nations role in the Middle East peace process and in
assisting in the implementation of the Declaration of Principles can make a positive
contribution with regard to the status of women.
Resolution 40/3. Mainstreaming the human rights of women*
The Commission on the Status of Women,
Recalling all relevant resolutions, in particular General Assembly resolution 50/203 of
22 December 1995, in which, inter alia, the Assembly endorsed the Beijing Declaration and
Platform for Action adopted by the Fourth World Conference on Women, 13/
Welcoming the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights, 14/ which emphasizes that the human rights of women and the
girl child are an inalienable, integral and indivisible part of universal human rights and
stresses that these rights should be integrated into the mainstream of United Nations
system-wide activities, and noting that according to the Vienna Declaration and Programme
of Action, steps should be taken to increase cooperation and promote further integration
of objectives and goals between the Commission on the Status of Women, the Commission on
Human Rights, the Committee on the Elimination of Discrimination against Women, the United
Nations Development Fund for Women, the United Nations Development Programme and other
United Nations bodies,
Recalling that the Convention on the Elimination of All Forms of Discrimination against
Women 15/ is a key international human rights instrument for the promotion and protection
of women's human rights, and acknowledging both its codifying and innovating functions,
Noting the important roles that the Commission on the Status of Women and the Committee
on the Elimination of Discrimination against Women have to play in making the general
human rights work of the United Nations more gender conscious and in promoting the
universal and indivisible human rights of women,
Reaffirming the importance of the adoption by the General Assembly of the Declaration
on the Elimination of Violence against Women, 16/ and recalling Commission on Human Rights
resolution 1994/45 of 4 March 1994, 17/ in which the Commission decided to appoint, for a
three- year period, a Special Rapporteur on violence against women, its causes and
consequences, as well as Commission on Human Rights resolution 1995/85 of 8 March 1995 on
the elimination of violence against women, 18/
1. Stresses the need to intensify efforts of cooperation and coordination to ensure
that the equal status and the human rights of all women and the girl child are integrated
into the mainstream of United Nations system-wide activities and are addressed regularly
and systematically in relevant United Nations bodies and mechanisms;
2. Welcomes the report of the Secretary-General on the extent to which violations of
women's human rights have been addressed by human rights mechanisms, 19/ and endorses the
recommendations contained therein;
3. Welcomes the report of the Secretary-General on the joint work plan of the Division
for the Advancement of Women and the Centre for Human Rights 20/ to improve cooperation
between the Division and the Centre as an element in mainstreaming the human rights of
women;
4. Takes note of the request of the Commission on Human Rights, in its resolution
1995/86 of 8 March 1995, 18/ that the special rapporteurs, representatives, experts and
chairpersons of the working groups of the Commission on Human Rights, in future meetings
on enhancing cooperation and exchange of information, address violations of the human
rights of women;
5. Recalls that the Commission on Human Rights, in its resolution 1994/45, requested
the Secretary-General to ensure that the reports of the Special Rapporteur on violence
against women, its causes and consequences were brought to the attention of the Commission
on the Status of Women to assist the Commission in its work in the area of violence
against women;
15/ General Assembly resolution 34/180. 16/ General Assembly resolution 48/104.
17/ See Official Records of the Economic and Social Council, 1994, Supplement No. 4
(E/1994/24), chap. II, sect. A. 18/ Ibid.,1995, Supplement No. 3 (E/1995/23), chap. II,
sect. A. 19/ E/CN.6/1996/9. 20/ E/CN.6/1996/13.
6. Notes General Assembly resolution 50/170 of 22 December 1995, in which the Assembly
welcomed the emphasis by the persons chairing the human rights treaty bodies that the
enjoyment of the human rights of women should be closely monitored by each treaty body
within the competence of its mandate;
7. Encourages the Division for the Advancement of Women to provide any relevant
material it receives or prepares, through the Centre for Human Rights, for the information
of the treaty bodies in their work;
8. Encourages the Division for the Advancement of Women to continue to develop
methodologies to analyse gender perspectives in the reports of the States parties that are
being considered by the treaty bodies;
9. Encourages the Division for the Advancement of Women to cooperate with and assist
the Special Rapporteur on violence against women, its causes and consequences through the
automatic and regular exchange of information and by forwarding expeditiously any relevant
material it receives or prepares on violence against women;
10. Emphasizes the need to develop and enhance the role of focal points on the human
rights of women, in both the Centre for Human Rights and the Division for the Advancement
of Women, and to ensure cooperation and coordination between the two bodies on an ongoing
basis;
11. Encourages the Division for the Advancement of Women and the Centre for Human
Rights to explore the possibility of providing training in the human rights of women and
of training personnel in the Division for the Advancement of Women in general human rights
matters;
12. Encourages the efforts made by the United Nations High Commissioner for Human
Rights, within the mandate established by General Assembly resolution 48/141 of 20
December 1993, to promote and protect the human rights of women, including his efforts to
coordinate the activities of relevant United Nations organs, bodies and mechanisms dealing
with human rights in considering violations of the human rights of women;
13. Emphasizes the need for all relevant organs, bodies and agencies of the United
Nations system to include information on gender-based human rights violations in their
activities and integrate the findings into all of their programmes and activities;
14. Urges States to consider the gender composition of the treaty bodies when
nominating and electing candidates to such bodies;
15. Emphasizes the need for the United Nations Decade for Human Rights Education to
incorporate a gender perspective into all its activities and the importance of drafting
the mid-Decade report and the final report on the Decade so as to include mainstreaming of
the human rights of women, ensuring that the evaluation criteria of the United Nations
High Commissioner for Human Rights for those reports include whether the human rights of
women are a mainstream concern;
16. Requests the Secretary-General to report to the Commission on the Status of Women
at its forty-first session, in 1997, on the implementation of the present resolution;
17. Decides to remain seized of the matter and, in particular, to examine at its
forty-first session the progress made and the plans developed.
Resolution 40/4. Traffic in women and girls
The Commission on the Status of Women,
Reaffirming its faith in fundamental human rights, in the dignity and worth of the
human person and in the equal rights of men and women, enshrined in the Charter of the
United Nations, as well as the principles set forth in the Universal Declaration of Human
Rights, 21/ the Convention on the Elimination of All Forms of Discrimination against
Women, 22/ the International Covenants on Human Rights, 23/ the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, 24/ the Convention on the
Rights of the Child 25/ and the Declaration on the Elimination of Violence against Women,
26/
Recalling General Assembly resolutions 49/166 of 23 December 1994 and 50/167 of 22
December 1995, Commission on the Status of Women resolution 39/6 of 29 March 1995 27/ and
Commission on Human Rights resolutions 1994/45 of 4 March 1994 28/ and 1995/25 of 3 March
1995 29/ on traffic in women and girls, 28/
Concurring with the conclusions and recommendations made by recent international
conferences, including the World Conference on Human Rights in Vienna, the World Summit
for Social Development in Copenhagen, the International Conference on Population and
Development in Cairo and the Fourth World Conference on Women in Beijing, on the human
rights of women and girl children,
Bearing in mind the need to strengthen the implementation of all relevant human rights
instruments in order to combat and eliminate, including through international cooperation,
organized and other forms of trafficking in women or children, including trafficking for
the purposes of sexual exploitation, pornography, prostitution and sex tourism, and
provide legal and social services to the victims; this should include provisions for
international cooperation to prosecute and punish those responsible for organized
exploitation of women and children,
21/ General Assembly resolution 217 A (III). 22/ General Assembly resolution
34/180, annex. 23/ General Assembly resolution 2200 A (XXI) 24/ General Assembly
resolution 39/46, annex. 25/ General Assembly resolution 44/25, annex. 26/ General
Assembly resolution 48/104, annex. 27/ Official Records of the Economic and Social
Council, 1995, Supplement No. 6 (E/1995/26), chap. I, sect. C. 28/ Ibid., 1994, Supplement
No. 4 (E/1994/24), chap. II, sect. A. 29/ Ibid., 1995, Supplement No. 3 and corrigenda
(E/1995/23 and Corr.1 and 2), chap. II, sect. A.
Acknowledging that the problem of trafficking also victimizes young boys,
Welcoming the decision of the Commission on Crime Prevention and Criminal Justice in
its resolution 3/2 of 6 May 1994 30/ to consider the international traffic in minors at
its fourth session, in the context of its discussion on the question of organized
transnational crime,
Concerned about the increasing number of women and girl children from developing
countries and from some countries with economies in transition who are being victimized by
traffickers,
Noting the need to raise awareness of the important role of the media, including new
forms of information technology, in informing and educating people about the causes and
effects of violence against women and in stimulating public debate on the topic,
Realizing the urgent need for the adoption of effective measures at the national,
regional and international levels to protect women and girl children from this nefarious
traffic,
Welcoming the holding of national, regional and international meetings on trafficking
in order to propose measures to eradicate the traffic in women and girls,
1. Calls for the implementation of the Platform for Action of the Fourth World
Conference on Women 31/ by Governments of countries of origin, transit and destination and
regional and international organizations, as appropriate, by:
(a) Considering the ratification and enforcement of international conventions on
trafficking in persons and on slavery;
(b) Taking appropriate measures to address the root factors, including external
factors, that encourage trafficking in women and girls for prostitution and other forms of
commercialized sex, forced marriages and forced labour in order to eliminate trafficking
in women, including by strengthening existing legislation with a view to providing better
protection of the rights of women and girls and to punishing the perpetrators, through
both criminal and civil measures;
(c) Stepping up cooperation and concerted action by all relevant law enforcement
authorities and institutions with a view to dismantling national, regional and
international networks in trafficking;
(d) Allocating resources to provide comprehensive programmes designed to heal and
rehabilitate into society victims of trafficking, including through job training and the
provision of legal assistance and confidential health care, taking measures to cooperate
with non-governmental organizations to provide for the social, medical and psychological
care of the victims of trafficking;
30/ Ibid., 1994, Supplement No. 11 (E/1994/31), chap. I, sect. C. 31/ Report of
the Fourth World Conference on Women, Beijing, 4-15 September 1995 (A/CONF.177/20 and
Add.1), chap. I, resolution 1, annexes II.
(e) Developing educational and training programmes and policies and considering
enacting legislation aimed at preventing sex tourism and trafficking, giving special
emphasis to the protection of young women and children;
2. Encourages Governments, relevant organizations and bodies of the United Nations
system, intergovernmental organizations and non-governmental organizations to gather and
share information relative to all aspects of trafficking in women and girl children in
order to facilitate the development of anti-trafficking measures, and to adopt appropriate
measures to create wider public awareness of the problem;
3. Calls upon all Governments to take appropriate measures to prevent the misuse and
exploitation by traffickers of such economic activities as the development of tourism and
the export of labour;
4. Welcomes General Assembly resolution 50/167 of 22 December 1995, in which the
Assembly invited the United Nations High Commissioner for Human Rights, in addressing the
obstacles to the realization of the human rights of women, in particular, through his
contacts with the Special Rapporteur of the Commission on Human Rights on the sale of
children, child prostitution and child pornography, to include the traffic in women and
girls among his priority concerns;
5. Welcomes also the request by the General Assembly to the Commission on Human Rights
to encourage the Working Group on Contemporary Forms of Slavery of the Subcommission on
Prevention of Discrimination and Protection of Minorities to continue to address the issue
of the traffic in women and girls under its draft programme of action on the traffic in
persons and the exploitation of the prostitution of others; 32/
6. Welcomes the decision of the General Assembly to focus the International Day for the
Abolition of Slavery, 2 December 1996, on the problem of trafficking in human persons,
especially women and children, and to devote one meeting of the fifty-first session of the
General Assembly to the discussion of that problem; 33/
7. Decides to remain seized of this matter and to examine, at its forty-second session,
the reports of the Special Rapporteurs and relevant organizations and bodies, with a view
to making appropriate recommendations to the General Assembly at its fifty-third session,
through the Economic and Social Council.
32/ General Assembly resolution 50/167, para. 9. 33/ Ibid., para. 12.
Resolution 40/5. International Research and Training Institute for the Advancement of
Women*
The Commission on the Status of Women,
Recalling General Assembly resolution 50/163 of 22 December 1995, in which the Assembly
reaffirmed the original mandate and distinct capacity of the International Research and
Training Institute for the Advancement of Women to carry out research and training for the
advancement of women, as stipulated in General Assembly resolution 3520 (XXX) of 15
December 1975,
Stressing the need for independent research to ensure that policy-making and project
implementation address issues and emerging areas of concern to women and the role of the
activities of the Institute therein,
1. Emphasizes the unique function of the International Research and Training Institute
for the Advancement of Women as the only entity within the United Nations system devoted
exclusively to research and training for the advancement of women and their integration in
the development process, and stresses the importance of making its research findings
available for policy purposes, as background for operational activities and for the
implementation of the Platform for Action adopted by the Fourth World Conference on Women;
34/
2. Reaffirms paragraph 360 of the Platform for Action, in which it is stated that,
recognizing the roles of United Nations funds, programmes and specialized agencies, in
particular the roles of the United Nations Development Fund for Women and the
International Research and Training Institute for the Advancement of Women, in the
promotion of the empowerment of women, and therefore in the implementation of the Platform
for Action within their respective mandates, inter alia, in research, training and
information activities for the advancement of women, as well as technical and financial
assistance to incorporate a gender perspective in development efforts, the resources
provided by the international community need to be sufficient and should be maintained at
an adequate level;
3. Stresses the need for the Institute to further develop active and close cooperation
with the specialized agencies and related organizations of the United Nations system and
with other institutions;
4. Recognizes the special role that the Institute must play in the implementation of
the Platform for Action;
5. Commends the efforts of the Institute to address all levels of poverty that hamper
so dramatically the advancement of women, through the coordination of research and
training activities in the areas of economic and political empowerment of women;
statistics and indicators in gender issues; communications; women, natural resources and
sustainable development; water, sanitation and waste management; renewable sources of
energy; and issues related to different population groups, such as the girl child, older
women, displaced women, refugee and migrant women and women in rural areas;
34/ Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995
(A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes II.
6. Urges the Secretary-General to implement the mandates set out in General Assembly
resolution 49/163 of 20 December 1994.
Resolution 40/6. Violence against women migrant workers
The Commission on the Status of Women,
Bearing in mind the Charter of the United Nations, which reaffirms faith in human
rights and fundamental freedoms, in the dignity and worth of the human person, and in the
equal rights of women and men,
Reaffirming the principles set forth in the Universal Declaration of Human Rights and
the Convention on the Elimination of All Forms of Discrimination against Women, 36/
Recalling General Assembly resolutions 47/96 of 16 December 1992, 48/110 of 20 December
1993, 49/165 of 23 December 1994 and 50/168 of 22 December 1995 and Commission on the
Status of Women resolutions 38/7 of 18 March 1994 37/ and 39/7 of 31 March 1995, 38/ as
well as the Declaration on the Elimination of Violence against Women adopted by the
General Assembly at its forty-eighth session, 39/ and general recommendation 19 on
violence against women of the Committee on the Elimination of Discrimination against
Women,
Welcoming the conclusions and recommendations made by recent international conferences,
including the World Conference on Human Rights held in Vienna in June 1993, the
International Conference on Population and Development held in Cairo in September 1994,
the World Summit for Social Development held in Copenhagen in March 1995 and the Fourth
World Conference on Women held in Beijing in September 1995, on the promotion and
protection of the rights and fundamental freedoms of women, including women migrant
workers,
Noting the large numbers of women from developing countries and from some countries
with economies in transition who continue to venture forth to more affluent countries in
search of a living for themselves and their families as a consequence of poverty,
unemployment and other socio-economic conditions,
Recognizing that it is the duty of sending countries to protect and promote the
interests of their citizens who seek or receive employment in other countries, to provide
them with appropriate training/education and to apprise them of their rights and
obligations in the countries of employment,
Aware of the moral obligation of receiving or host countries to ensure the human rights
and fundamental freedoms of all persons within their boundaries, including migrant
workers, who are doubly vulnerable because of their gender and their being foreigners,
35/ General Assembly resolution 217 A (III). 36/ General Assembly resolution
34/180. 37/ Official Records of the Economic and Social Council, 1994, Supplement No. 7
(E/1994/27), chap. I, sect. C. 38/ Ibid., 1995, Supplement No. 6 (E/1995/26), chap. I,
sect. C. 39/ General Assembly resolution 48/104.
Noting the measures adopted by some receiving States to alleviate the plight of women
migrant workers residing within their areas of jurisdiction,
Noting with concern, however, the continuing reports of grave abuses and acts of
violence committed against women migrant workers by some of their employers in some host
countries,
Stressing that acts of violence directed against women impair or nullify women's
enjoyment of their human rights and fundamental freedoms,
1. Calls upon States Members of the United Nations to adopt measures for the effective
implementation of the Declaration on the Elimination of Violence against Women, including
applying them to women migrant workers, as well as all relevant measures emanating from
recent world conferences;
2. Invites States concerned, specifically those sending and receiving women migrant
workers, to conduct regular consultations for the purpose of identifying problem areas in
promoting and protecting the rights of women migrant workers and ensuring health, legal
and social services for them, adopting specific measures to address these problems,
setting up, as appropriate, linguistically and culturally accessible services and
mechanisms to implement those measures and, in general, creating conditions that foster
greater harmony and tolerance between women migrant workers and the rest of society in
which they reside;
3. Encourages States Members of the United Nations, particularly those from which women
migrant workers originate and those that play host to them, to ensure the protection of
the rights and fundamental freedoms of women migrant workers as defined by international
conventions and agreements, taking into account the outcome of recent international
conferences;
4. Calls upon Governments to adopt and/or implement and periodically review and analyse
legislation to ensure its effectiveness in eliminating violence against women, emphasizing
the prevention of violence and the prosecution of offenders, and to take measures to
ensure the protection of women subjected to violence, access to just and effective
remedies, including compensation and indemnification and healing of victims, and the
rehabilitation of perpetrators;
5. Recognizes the vulnerability to violence and other forms of abuse of women migrants,
including women migrant workers whose legal status in the host country depends on the
employers who may exploit their situation;
6. Encourages Member States to consider signing and ratifying or acceding to the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families; 40/
7. Calls upon States to explore the possibility of adopting measures to prevent the
victimization of women migrant workers by sexual traffickers and to penalize those
traffickers, including the ratification of the Convention for the Suppression of the
Traffic in Persons and of the Exploitation of the Prostitution of Others; 41/
8. Recommends to the United Nations High Commissioner for Human Rights, the Centre for
Human Rights of the Secretariat and the Special Rapporteur of the Commission on Human
Rights on violence against women, as well as all relevant bodies and programmes in the
United Nations system, when addressing the issue of violence against women, to give
particular attention to the issue of violence perpetrated against women migrant workers,
and to provide information to the Secretary-General for inclusion in his report to the
General Assembly;
9. Welcomes the scheduled holding from 27 to 31 May 1996 of a United Nations expert
group meeting on the issue of violence against women migrant workers, with the
participation of the Special Rapporteur of the Commission on Human Rights on violence
against women, pursuant to General Assembly resolution 50/168, to submit recommendations
for improving coordination of the various efforts of United Nations organizations on the
issue of violence against women migrant workers, and to develop concrete indicators as a
basis for determining the situation of women migrant workers, for submission, through
normal channels, to the General Assembly at its fifty-first session.
Resolution 40/7. Attainment of strategic objectives and action to be taken in the
critical area of concern: women and the media*
The Commission on the Status of Women,
Recalling the Declaration on the Elimination of Violence against Women, adopted in
1993, 42/
Referring to the Toronto Platform for Action 43/ concerning the access of women
journalists to expression and decision-making,
1. Reaffirms the provisions of the Platform for Action adopted by the Fourth World
Conference on Women, 44/ in particular paragraphs 131 and 135 on violations of the human
rights of women and on religious intolerance, violence and terrorism suffered by women
because of their place in society and their sex;
2. Also reaffirms paragraph 145 (f) of the Platform for Action, which calls upon the
international community to condemn and combat all forms and manifestations of terrorism;
40/ General Assembly resolution 45/158. 41/ General Assembly resolution 317 (IV)
42/ General Assembly resolution 34/180. 43/ Adopted by the International Symposium of the
United Nations Educational, Scientific and Cultural Organization on the topic "Women
and media: access to expression and decision-making", held at Toronto, Canada, from
28 February to 3 March 1995. 44/ Report of the Fourth World Conference on Women, Beijing,
4-15 September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex II.
3. Acknowledges that journalists, in particular women journalists, because of their
profession and their gender, are an easy and favourite target for violent acts,
intolerance and terrorist attacks;
4. Condemns the murders and acts of violence and terrorism committed against women
journalists, particularly in Algeria, because of their sex and their profession;
5. Commends all the women who continue, with courage, sacrifice and determination, to
make their contribution, through the media, to improving the status of women;
6. Appeals to the United Nations, the United Nations Educational, Scientific and
Cultural Organization and the international community to join their efforts in order to
intensify, in accordance with the Platform for Action, efforts to combat terrorism and all
forms of intolerance and violence and all violations of the human rights of women, which
are a major obstacle to achieving the objectives of equality, development and peace
proclaimed in the Nairobi Forward-looking Strategies for the Advancement of Women. 45/
Resolution 40/8. Elaboration of a draft optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women*
The Commission on the Status of Women,
Recalling that the Vienna Declaration and Programme of Action 46/ and the Beijing
Declaration and Platform for Action 47/ called on Governments to support the process to
elaborate a draft optional protocol to the Convention on the Elimination of All Forms of
Discrimination against Women,
Welcoming the process initiated by the in-session 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,
45/ Report of the World Conference to Review and Appraise the Achiements of the
United Nations Decade for Women: Equality, Development and Peace, Nairobi, 15-26 July 1995
(United Nations publication, Sales No. E.85.IV.10), chap. I, sect. A. 46/ Report of the
World Conference on Human Rgiths, Vienna, 14-25 June 1993 (A/CONF.157/24 (Part I), chap.
III. 47/ Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995
(A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I and II.
1. Requests the Secretary-General to invite Governments, intergovernmental
organizations and non-governmental organizations to submit additional views on an optional
protocol to the Convention, taking into account the elements contained in suggestion 7,
adopted by the Committee on the Elimination of Discrimination against Women at its
fourteenth session, 48/ as well as the deliberations of the Working Group;
2. Requests the Secretary-General to submit to the Commission on the Status of Women at
its forty-first session a comprehensive report, including a synthesis of the views
requested in paragraph 1 above;
3. Also requests the Secretary-General to provide to the Commission on the Status of
Women at its forty-first session a comparative summary of existing communications and
inquiry procedures and practices under international human rights instruments and under
the Charter of the United Nations;
4. Recommends that the Economic and Social Council adopt the draft decision entitled
"Renewal of the mandate 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". 49/
Resolution 40/9. Implementation of strategic objectives and action in the critical
area of concern: poverty
The Commission on the Status of Women,
Recalling General Assembly resolution 50/203 of 22 December 1995 on the follow-up to
the Fourth World Conference on Women,
Recalling also General Assembly resolution 49/110 of 19 December 1994 and other
relevant resolutions of the Assembly related to international cooperation for the
eradication of poverty in developing countries,
Recalling further Assembly resolution 50/107 of 20 December 1995 on the observance of
the International Year for the Eradication of Poverty and proclamation of the first United
Nations Decade for the Eradication of Poverty,
Reaffirming the importance of the outcome of the Fourth World Conference on Women held
in Beijing from 4 to 15 September 1995, as well as all the United Nations major
conferences and summits organized since 1990, in particular the World Summit for Social
Development held in Copenhagen in March 1995,
Recognizing that the eradication of poverty will require the implementation and
integration of strategies at the national and international levels in all the critical
areas of concern in the Platform for Action adopted by the Fourth World Conference on
Women, 50/
48/ Official Records of the General Assembly, Fiftieth Session, Supplement No.
48 (A/50/38), chap. I, sect. B. 49/ For the text of the draft decision, see chap. I, sect.
B, draft decision I. 50/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes II.
Taking note of the report of the Secretary-General on poverty 51/ in the follow-up to
the Fourth World Conference on Women and of the discussion that took place on this issue
during the fortieth session of the Commission on the Status of Women,
Reaffirming General Assembly resolutions 50/173 of 22 December 1995 on the United
Nations Decade for Human Rights Education, 1995-2004, and 49/184 of 23 December 1994, in
which the Assembly expressed the conviction that each woman, man and child, to realize
their full human potential, must be made aware of all their human rights and fundamental
freedoms, including the right to development,
Recognizing that mainstreaming a gender perspective into all policies and programmes
aimed at combating poverty is crucial, as women constitute the majority of people living
in poverty,
Recognizing also that the full implementation of the human rights of women and of the
girl child, as an inalienable, integral and indivisible part of all human rights and
fundamental freedoms, is essential for the advancement of women,
Recognizing further that the commitment of Governments is of fundamental importance in
combating poverty and in improving living conditions for women and men,
Recognizing that national and international efforts to eradicate poverty require full
and equal participation of women in the formulation and implementation of policies that
take fully into account the gender perspective and that empower women to be full partners
in development,
Emphasizing that empowering women is a critical factor in the eradication of poverty,
since women constitute the majority of people living in poverty and contribute to the
economy and to the combating of poverty through both their unremunerated and remunerated
work at home, in the community, and in the workplace,
Recognizing that poverty is a global problem affecting all countries and that the
complexity of poverty, including the feminization of poverty, requires a wide range of
measures and actions, at the national and the regional level, giving particular priority
to the situation of women living in poverty and recognizing the need to improve their
access to income, education, health care and other resources,
Recognizing also that more women than men live in absolute poverty and that the
imbalance is on the increase, resulting in the limited access of women to income,
resources, education, health care, nutrition, shelter and safe water in all developing
countries, particularly in Africa and in the least developed countries,
Recognizing further that a large number of women in countries with economies in
transition are also affected by poverty,
Bearing in mind that the increasing number of women living in poverty in developing
countries, both in rural and in urban areas, requires action by the international
community in support of actions and measures at the national and regional levels towards
the eradication of poverty within the framework of the Beijing Declaration 52/ and
Platform for Action adopted by the Fourth World Conference on Women,
51/ E/CN.6/1996/CRP.3. 52/ Report of the Fourth World Conference on Women,
Beijing, 4-15 September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annexes I
and II.
Stressing the necessity of promoting and implementing policies to create a supportive
external economic environment, through, inter alia, cooperation in the formulation and
implementation of macroeconomic policies, trade liberalization, mobilization and/or the
provision of new and additional financial resources that are both adequate and predictable
and mobilized in a way that maximizes the availability of such resources for sustainable
development, using all available funding sources and mechanisms, enhanced financial
stability and ensuring increased access of developing countries to global markets,
productive investment and technologies, and appropriate knowledge,
1. Recognizes the central role that women play in the eradication of poverty, and
stresses the need for their full and equal participation in the formulation and
implementation of policies that take fully into account the gender perspective and that
empower women to be full partners in development;
2. Stresses that the empowerment and autonomy of women and the improvement of women's
social, economic and political status are essential for the eradication of poverty and
that the full and equal participation of women in decision-making at all levels is an
integral part of the process;
3. Recognizes that the eradication of poverty is both a complex and a multidimensional
issue, and fundamental to promoting equality between men and women as well as to
reinforcing peace and achieving sustainable development;
4. Reaffirms that the promotion and protection of, and respect for, the human rights
and fundamental freedoms of women, including the right to development, which are
universal, indivisible, interdependent and interrelated, should be mainstreamed into all
policies and programmes aimed at the eradication of poverty, and reaffirms as well the
need to take measures to ensure that every person is entitled to participate in, to
contribute to and to enjoy economic, social, cultural and political development;
5. Stresses that mainstreaming the gender perspective implies examining the ways in
which women and men are affected by poverty, the different assets they possess to address
the question and their respective contributions and potentials;
6. Also stresses that both mainstreaming and other positive actions should be regarded
as complementary strategies aimed at enabling the full release of women's and men's
development potential and at eradicating poverty;
7. Urges all Governments to fulfil their commitments in the Platform for Action to
develop, preferably by the end of 1996, national implementation strategies or plans of
actions that should also focus on the reduction of overall poverty and on the eradication
of absolute poverty, with targets, benchmarks for monitoring and proposals for allocation
or reallocation of resources for implementation, including resources for undertaking
gender impact analysis; where necessary the support of the international community could
be enlisted, including resources;
8. Urges all Governments, the United Nations system, including the Bretton Woods
institutions, and civil society, to implement the Platform for Action in its entirety;
9. Emphasizes that, in addition to the commitments and recommendations regarding the
eradication of poverty outlined in the Programme of Action of the World Summit for Social
Development 53/ and in the Platform for Action adopted by the Fourth World Conference on
Women, specific measures in the Platform for Action should be undertaken to address the
feminization of poverty and to mainstream a gender perspective in all policies and
programmes for the eradication of poverty, including, inter alia, measures to:
(a) Develop and implement education, training and retraining policies for women and
girls;
(b) Undertake legislative and administrative reforms to give women full and equal
access to economic resources, including the right to inheritance and to ownership of land
and other property, credit, natural resources and appropriate technologies;
(c) Promote the participation of women at all levels of decision-making;
(d) Develop national strategies for promoting employment and self- employment,
including entrepreneurial and organizational skills, in order to generate income for
women;
(e) Adopt policies to ensure that all women have adequate economic and social
protection during unemployment, ill health, maternity, child-bearing, widowhood,
disability and old age and that women, men and society share responsibilities for child
and other dependant care;
(f) Restructure and target the allocation of public expenditures to promote women's
economic opportunities and equal access to productive resources and to address the basic
social, educational and health needs of women, including access to safe water,
particularly of those living in poverty;
(g) Develop gender-based methodologies and conduct research for use in designing more
effective policies to recognize and value the full contribution of women to the economy
through both their unremunerated and renumerated work and to address the feminization of
poverty, in particular the relationship between unremunerated work and women's
vulnerability to poverty;
(h) Develop gender-based methodologies and conduct research to address the contribution
of women to the economy, the feminization of poverty, and the economic and social impact
of debt and structural adjustment programmes in all developing countries, particularly in
Africa and the least developed countries;
(i) Analyse, from a gender perspective, macroeconomic and microeconomic policies, and
the allocation of public expenditures, which should be designed and implemented with the
full and equal participation of women so as to avoid negative impacts on women living in
poverty;
53/ Report of the World Summit for Social Development, Copenhagen, 6- 12 March
1995 (A/CONF.166/9), chap. I, resolution 1, annex II.
(j) Reduce excessive military expenditures and investments for arms production and
acquisition, as is appropriate and consistent with national security requirements, in
order to increase resources for social and economic development;
10. Calls for the implementation of the outcome of all other major United Nations
conferences and summits related to the eradication of poverty;
11. Calls upon States to undertake all commitments of the Copenhagen Declaration on
Social Development, 54/ taking into account commitments 2 and 5 and the linkages between
them, in their efforts to eradicate poverty, and also calls upon all relevant actors to
implement promptly the actions and measures for the eradication of poverty, as contained
in the Programme of Action of the World Summit for Social Development; 55/
12. Stresses the need to fully integrate a gender perspective into the work of all
thematic task forces relating to the eradication of poverty established by the
Administrative Committee on Coordination, as well as the importance of establishing the
proposed inter-agency committee on the follow- up to the Fourth World Conference on Women;
13. Recommends that a United Nations system-wide effort be undertaken to review
existing indicators, strengthen gender impact analysis of the design and implementation of
economic reform programmes, develop complementary, qualitative assessments, and
standardize measures and promote their implementation, and stresses that this effort will
necessitate effective coordination;
14. Also recommends that the secretariats of the United Nations system, including the
Bretton Woods institutions, incorporate a coherent method of including both the
mainstreaming of the gender perspective and specific gender programmes to achieve equality
between women and men in the operational activities, staffing and decision-making spheres
of the system;
15. Stresses that the United Nations system, including the Bretton Woods institutions,
should play a central role in enhancing financial and technical support and assistance for
developing countries, particularly African countries and least developed countries, in
their efforts to achieve the objectives of the eradication of poverty and the full
integration of a gender perspective into all policies and programmes, as set forth in the
Beijing Declaration and Platform for Action, particularly the goal of the eradication of
poverty;
16. Recognizes that the implementation of the Platform for Action in the countries with
economies in transition will also require continued international cooperation and
assistance, in support of national efforts;
17. Stresses the importance of using all available funding sources and mechanisms with
a view to contributing towards the goal of poverty eradication and targeting of women
living in poverty;
18. Calls upon States committed to the initiative of allocation of 20 per cent of
official development assistance and 20 per cent of the national budget to basic social
programmes to fully integrate a gender perspective into its implementation, as called for
in paragraph 16 of General Assembly resolution 50/203;
54/ Ibid., annex I. 55/ Ibid., annex II, chap. II.
19. Invites all countries, the United Nations system, including the Bretton Woods
institutions, relevant international organizations, non-governmental organizations, the
private sector, and all other sectors to contribute to the implementation of programmes
aimed at eradicating poverty;
20. Stresses the need for a coherent and coordinated approach among all partners in
development in the implementation of national poverty eradication plans or programmes that
fully take into account the gender perspective;
21. Also stresses the need for gender-sensitive training, with the assistance of United
Nations organizations, of those responsible for the formulation and implementation of
development policies and programmes;
22. Further stresses the important role of non-governmental organizations as actors
involved at the grass-roots level in the policy dialogue designed to reach women through
poverty eradication programmes and calls for further efforts to identify ways by which
those non-governmental organizations could contribute to the implementation of such
programmes;
23. Recommends that the Economic and Social Council, when examining the
"Coordination of the activities of the United Nations system for the eradication of
poverty" as the theme for the coordination segment of the substantive session of 1996
of the Council, ensure that the relevant organs of the United Nations system take fully
into account the gender perspective in their activities for the eradication of poverty,
and, likewise, requests that the Council recommend to the General Assembly that the gender
dimension of poverty be incorporated into all activities and documentation related to the
first United Nations Decade for the Eradication of Poverty;
24. Stresses the need to fully integrate a gender perspective into the coordinated
follow-up to major United Nations conferences and summits and recommends that the Economic
and Social Council examine, on a regular basis, the extent to which gender factors have
been taken into account in the recommendations of all the concerned functional
commissions;
25. Requests the Secretary-General to keep in mind the multidimensional nature of
poverty in the implementation and review of reports on all other critical areas of
concern, taking into consideration the many links between the eradication of poverty and
those other critical areas of concern;
26. Also requests the Secretary-General to report on the implementation of the present
resolution within the framework of his report on action envisaged to be taken in
preparation for the first United Nations Decade for the Eradication of Poverty.
Resolution 40/10. Comments on the proposed system-wide medium-term plan for the
advancement of women, 1996-2001*
The Commission on the Status of Women,
Recalling Economic and Social Council resolution 1985/46 of 31 May 1985, in which the
Council requested the formulation of a system-wide medium-term plan for women and
development, and the resulting plan, 56/ as endorsed by the Council in its resolution
1987/86 of 8 July 1987,
Also recalling Council resolution 1988/59 of 27 July 1988, in which the Council
requested the Secretary-General to initiate the formulation of a system-wide medium-term
plan for the advancement of women for the period 1996-2001,
Noting that the Commission had before it at its thirty-seventh session a draft
system-wide medium-term plan for the advancement of women, 1996-2001, 57/ and that the
Council, in its resolution 1993/16 of 27 July 1993, adopted the proposal of the Commission
on the Status of Women to invite the Secretary-General to revise the draft plan after the
Platform for Action and the second review and appraisal of the Nairobi Forward-looking
Strategies for the Advancement of Women 58/ had been formulated and adopted by the Fourth
World Conference on Women,
Recognizing the role of the Council in overseeing system-wide coordination in the
implementation of the Platform for Action, 59/
Recalling that Governments have the primary responsibility for implementing the
Platform for Action,
Further recalling that the Platform for Action needs to be implemented through the work
of all of the organizations and bodies of the United Nations system as an integral part of
system-wide programming,
Recognizing that the Platform for Action calls upon the specialized agencies and other
organizations of the United Nations system to strengthen their support for actions at the
national level and to enhance their contributions to coordinated follow-up by the United
Nations, each organization should set out the specific actions that it will undertake,
including goals and targets to realign priorities and redirect resources to meet the
global priorities identified in the Platform for Action, with a clear delineation of
responsibility and accountability, all of which should be reflected in the system-wide
medium-term plan for the advancement of women, 1996-2001, and stressing in this connection
the need for appropriate mechanisms for coordination and cooperation,
56/ E/1987/52. 57/ E/1992/43. 58/ Report of the World Conference to Review and
Appraise the Achievements of the United Nations Decade for Women: Equality, Development
and Peace, Nairobi, 15-26 July 1985 (United Nations publication, Sales No. E.85.IV.10),
chap. I, sect. A. 59/ Report of the Fourth World Conference on Women, Beijing, 4-15
September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex II.
Aware that the Platform for Action stresses that the responsibility for ensuring its
implementation and the integration of a gender perspective into all policies and
programmes of the United Nations system must rest at the highest levels,
Also aware that the Platform for Action recommends that the Council consider dedicating
at least one coordination segment before the year 2000 to coordination of the advancement
of women, based on the revised system-wide medium-term plan for the advancement of women,
Further aware that the Platform for Action recommends that the Council consider
dedicating at least one operational activities segment before the year 2000 to the
consideration of development activities related to gender, based on the revised
system-wide medium-term plan for the advancement of women, with a view to instituting
guidelines and procedures for implementation of the Platform for Action by the funds and
programmes of the United Nations system,
Mindful that the Platform for Action requests the Secretary-General to assume
responsibility for the coordination of policy within the United Nations for the
implementation of the Platform for Action and for mainstreaming a system-wide gender
perspective in all activities of the United Nations, and noting the appointment of a
special adviser on gender issues,
1. Stresses that the system-wide medium-term plan for the advancement of women,
1996-2001 should be an effective instrument for promoting the coordinated implementation
of the Beijing Platform for Action;
2. Takes note of the revised draft plan prepared by the Ad Hoc Inter-agency Meeting on
Women; 60/
3. Recommends the adoption of the revised draft plan by the Economic and Social
Council, taking into account the present resolution and the comments of the Commission
contained in the annex to the present resolution;
4. Emphasizes the importance of a coherent approach and of the strategic
orientation/focus of the United Nations system spelt out under each critical area of
concern;
5. Stresses the importance of gender mainstreaming, including institutional follow-up
and capacity-building;
6. Recommends that the system-wide medium-term plan for the advancement of women,
1996-2001 serve as a monitoring and coordination tool at all levels for system-wide
progress in implementing actions under each critical area of concern in the Platform for
Action;
7. Stresses the importance of involving all parts of the United Nations in the
implementation of the Platform for Action, including the decision-making level;
60/ E/CN.6/1996/CRP.2.
8. Invites the United Nations bodies that meet under the auspices of the Administrative
Committee on Coordination to regularly discuss progress made in implementing activities
under each area of critical concern, taking into account the long-term programme of work
of the Commission on the Status of Women and the Economic and Social Council, and to
provide up-to-date information in those areas to the Council through the Commission,
taking into consideration the comments made on the plan by the Commission and other
relevant bodies;
9. Recommends that the Council, through the Commission, follow up the implementation of
the plan and undertake a comprehensive mid-term review of the implementation of the plan
as a basis for future programming and coordination of activities for the advancement and
empowerment of women by the United Nations system, including a review of the progress made
in mainstreaming a gender perspective in all activities of the United Nations system;
10. Invites the Secretary-General to submit to the Council for its consideration of the
revised draft plan the comments of the Committee for Programme and Coordination and the
Administrative Committee on Coordination, along with the comments of the Commission;
11. Recommends that the Administrative Committee on Coordination and the proposed
inter-agency committee on the follow-up to the Fourth World Conference on Women use the
plan and comments on it as a basis for monitoring increasing collaboration and
cost-effective approaches to United Nations system activities for the advancement and
empowerment of women, including the assessment of methods for mainstreaming a gender
perspective in all United Nations activities, ensuring accountability and carrying out
impact analyses of gender-sensitive programmes and policies;
12. Recommends that the Council request the Secretary-General to submit to it, through
the Commission at its forty-second session, a progress report on the implementation of the
plan;
13. Requests the Secretary-General to ensure the mainstreaming of a system-wide gender
perspective in all United Nations activities, including in decision-making as part of the
accountability of senior managers;
14. Urges the Secretary-General to implement the decision taken by the General Assembly
at its fiftieth session to strengthen the capacity of the Division for the Advancement of
Women, and emphasizes the need to provide the necessary resources in the current revision
of the programme budget for the biennium for the comprehensive follow-up of the Platform
for Action; the reformulation of policies and reallocation of resources may be needed
within and among programmes, without prejudice to development programmes, but some policy
changes may not necessarily have financial implications; mobilization of additional
resources, both public and private, including resources from innovative sources of
funding, may also be necessary;
15. Requests the Secretary-General, in the implementation of the Platform for Action,
to integrate a gender perspective in budgetary decisions on policies and programmes and to
assure adequate financing of specific programmes for securing equality between women and
men;
16. Recommends that the Council request the formulation of a new system- wide
medium-term plan for the advancement of women to cover the period 2002-2005, and that the
Secretary-General, in his capacity as Chairman of the Administrative Committee on
Coordination, submit the new draft plan to the Council at its substantive session of 2000
in order to provide guidance to the medium-term plans of the individual organizations of
the United Nations system, and that the draft of the proposal be submitted to the
Commission on the Status of Women at its forty-fourth session for comment.
Annex
COMMENTS OF THE COMMISSION ON THE STATUS OF WOMEN ON THE PROPOSED SYSTEM-WIDE
MEDIUM-TERM PLAN FOR THE ADVANCEMENT OF WOMEN, 1996-2001
I. GENERAL COMMENTS
1. The system-wide medium-term plan for the advancement of women, 1996-2001 needs to be
more than a compilation of what the organizations of the United Nations system are doing.
2. More emphasis should be given to coordination and collaboration between different
organizations and actors.
3. The concept of visible mainstreaming should be better reflected in the indicative
planning of the system.
4. In many cases, although multiple actors are identified under actions to be taken,
the list of actors under different critical areas of concern should not be exclusive; the
possibility of identifying lead agencies should be explored.
5. More emphasis should be placed on policy coordination and the implementation of
policies and guidance by establishing a real bridge between research and analysis,
function and operational activities.
6. The United Nations Secretariat as a whole should undertake activities in the
critical areas of concern - not only those entities that have a specific mandate on the
advancement of women and the operational agencies. Certain entities of the Secretariat,
such as the Executive Office of the Secretary- General, the Department of Political
Affairs, the Department for Policy Coordination and Sustainable Development, the Office of
Legal Affairs and the Department of Humanitarian Affairs, are not included in these
activities. As another example, the Joint and Co-sponsored United Nations Programme on
Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome needs to be better
reflected in the system-wide medium-term plan.
7. A more strategic orientation on the mainstreaming of a gender perspective within the
work of the United Nations is needed.
8. The system-wide medium-term plan should have more focus on outputs and results to be
achieved.
* The proposed system-wide medium-term plan for the Advancement of women, 1996-2001 was
before the Commission in document E/CN.6/1996/CRP.2.
II. SPECIFIC COMMENTS
A. Women and poverty
9. More emphasis should be placed on the need for joint efforts by the United Nations
system as regards the use of gender-disaggregated data and the development of indicators
to monitor trends in poverty from a gender perspective.
10. Insufficient attention is given to an understanding of the underlying causes of
poverty. The system-wide medium-term plan should reinforce the principle that resources
allocated to development policies and programmes aimed at the eradication of poverty
should not be diverted to emergency relief assistance.
11. The notion that women's empowerment and the promotion and protection of their human
rights are fundamental for the achievement of development, should also be better reflected
in the plan.
12. The integration of a gender dimension in the design and implementation of both
macroeconomic and micro-economic policies, including structural adjustment programmes, is
crucial. The system-wide medium-term plan highlights this as regards both
research/analysis and operational activities. It is surprising, however, that no reference
is made to the role of the World Bank in paragraph 29 or to United Nations funds and
programmes (the United Nations Development Programme, the United Nations Children's Fund
and the United Nations Population Fund).
13. There is a need for all United Nations bodies to be involved in development
cooperation activities to mainstream a gender perspective into all their policies and
programmes. This would imply the integration of gender analysis and the development of
gender expertise both at Headquarters and in the field.
B. Education and training of women
14. Action within the United Nations Secretariat should include analysis and monitoring
of data, policy development and coordination of action by various parts of the United
Nations. Currently action is limited almost exclusively to United Nations agencies. There
are limited references to the Division for the Advancement of Women of the Department for
Policy Coordination and Sustainable Development and the Department of Public Information.
15. The United Nations system should consider how to integrate lifelong education and
training throughout the activities of the system and promote similar action at the
national level. Appropriate support mechanisms for teaching in difficult, especially
violent, situations should be established.
16. Data collection and research should include wider activities of the Department for
Economic and Social Information and Policy Analysis.
17. Data collection should focus on data not currently available. Existing data may
need to be presented in a different format to be useful to relevant committees but
duplication of data collection should be avoided.
18. Measures that encourage the participation of girls and women in science and
technology in primary, secondary and further education should be included.
C. Women and health
19. All the items in this section should be updated to reflect accurately the language
from the Programme of Action of the International Conference on Population and Development
61/ and the Fourth World Conference on Women Platform for Action. 59/
20. All relevant parts of the Platform for Action need to be implemented at all levels.
21. All relevant actors throughout the United Nations, including the Department for
Economic and Social Information and Policy Analysis, the United Nations Population Fund
and the Centre for Human Rights need to be involved in the implementation.
22. The gender aspects of AIDS should be better integrated into United Nations
activities. The heavy burden of care that is often placed on caregivers, in particular
women, needs to be addressed.
23. The general comments need to avoid duplication of activity. It should be
recognized, however, that more than one actor will have an interest in each area.
24. The involvement of men needs to be further addressed, as does the encouragement of
men and women to take responsibility for their sexual and reproductive behaviour.
25. The need to integrate education on reproductive and sexual health, including family
planning, into all population and development programmes should be addressed.
26. Insufficient consideration has been given to the issue of women and health and to
the activities proposed to deal with the graver problems of the health of women and girls.
High priority should be given to eliminating the major causes of death in women and girls.
27. References to equality in the utilization of health care should be understood to
mean provision in response to need because women often make greater use of health-care
services; the need for equality of access to health care should be reaffirmed.
61/ Report of the International Conference on Population and Development, Cairo, 5-13
September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution
1, annex.
D. Violence against women
28. Actions contained in the system-wide medium-term plan in relation to strategic
objective D.3 (Eliminate trafficking in women and assist victims of violence due to
prostitution and trafficking) of the Platform for Action are very limited, as is the list
of organizations involved.
E. Women and armed conflict
29. The focus under this critical area of concern should be on actions to be taken by
the United Nations system consistent with the Charter of the United Nations in order to
protect women who are victims or who are at risk of becoming victims, of armed conflict
from violence and abuse.
30. Measures should be further elaborated to raise awareness of women's rights in armed
conflict, and should be applied, inter alia, in the training of police, military
personnel, health workers, teachers and managers of camps for refugee/displaced persons.
31. Measures to promote the more active participation of women in conflict resolution
need to be addressed as the equal access and full participation of women in power
structures and their full involvement in all efforts for the prevention and resolution of
conflicts are essential for the maintenance and promotion of peace and security. However,
the system-wide medium-term plan should not assume - as it now does - that there are major
differences between women's and men's attitudes to peace, security and conflict
resolution.
F. Women and the economy
32. In relation to the care of children and dependants and the sharing of family
responsibilities, child care and dependant care need to be provided as integral parts of
the concept of gender equality and gender analysis, and Convention No. 156 of the
International Labour Organization needs to be promoted.
33. In operational activities, there should be a greater commitment to the provision of
care of children and dependants.
34. The work on indicators should be better coordinated. The World Bank should also be
associated with the analysis of data on globalization and change in international work
patterns.
35. In operational activities, there should be a clearer reference to United Nations
system assistance to Governments in implementing policies to ensure women equal rights
with men to economic resources; this should include access to ownership and control over
land and other forms of property, credit, inheritance, natural resources and new
technologies.
36. As regards work and employment, there should be a more comprehensive approach to
methods of measuring and disseminating information on types, extent and distribution of
unremunerated work, in keeping with the relevant paragraphs of the Platform for Action,
particularly paragraph 165 (g).
37. As regards women in the rural sector, as reflected in paragraphs 137 and 138 of the
system-wide medium-term plan, there should be more emphasis on the concepts contained in
the Platform for Action, in particular paragraph 166 (c).
38. The collective capacity of the United Nations system to promote gender analysis and
policy advice on the impact of global economic issues on women, particularly the effects
of economic restructuring programmes and other macroeconomic policies, should be utilized
to the full.
G. Women in power and decision-making
39. The word "parity" is not used in the Platform for Action and should not
be used in the system-wide medium-term plan.
40. Decision-making should be addressed at all levels.
41. Activities within the United Nations Secretariat in this area of concern need to be
strengthened.
42. The United Nations Statistics Division should collect and publicize statistics (in
a yearly publication) on the number of women and men throughout the United Nations system
at all levels, including their regional and subregional composition by gender.
43. Research on representation of men in fields where they are underrepresented should
be added.
44. Dialogue with local communities and civil society and their participation in
development activities need to be strengthened.
H. Institutional mechanisms for the advancement of women
45. The United Nations system should take into account that the main task of national
machineries for the advancement of women is to support government-wide mainstreaming of a
gender perspective in all policy areas, and that Governments should create or strengthen
national machineries and other governmental bodies for the advancement of women.
46. Providing support to Governments and technical assistance on how to strengthen
institutional capacities for the advancement of women requires that a broader range of
actions be considered than those reflected in the system-wide medium-term plan, which
focus particularly on the collection, use and dissemination of data. Including gender
capacity-building elements in national plans and development strategies, as well as in
supportive efforts provided by international cooperation, should be considered.
I. Human rights of women
47. It should be emphasized that women's rights are human rights.
48. It should also be emphasized that the human rights of women and of the girl child
are an inalienable, integral and indivisible part of all human rights and fundamental
freedoms.
49. It should be stressed that this is one of the priority objectives of the United
Nations.
50. The United Nations should develop a comprehensive policy programme for
mainstreaming the human rights of women throughout the United Nations system, emphasizing
the strengthening of the cooperation and coordination between different entities of the
United Nations in the promotion and protection of the human rights of women.
51. The Centre for Human Rights should take into account the Programme of Action of the
International Conference on Population and Development and the Platform of Action of the
Fourth World Conference in all aspects of the human rights of women.
52. Integration of the human rights of women in all activities of the United Nations
should be emphasized.
J. Women and the media
53. This section should be updated in the light of the Platform for Action and the
Programme of Action of the World Summit for Social Development.
54. The activities of all parts of the United Nations Secretariat should be reflected,
not just those of the Division for the Advancement of Women and the Department of Public
Information. A gender element is needed in all programmes.
55. Emphasis should be placed on the ability to communicate in order to get the
mainstreaming message across.
56. Public information and outreach should be undertaken by all parts of the United
Nations system. Mainstreaming a gender perspective into all publications is essential. The
role of women in political activity, as well as in the social and economic activity in the
United Nations system, is important. Not only should agencies that have traditionally had
a role in this critical area of concern undertake activities, but also others should get
more involved in the future.
K. Women and the environment
57. In the indication of areas of research, more emphasis should be given to the issues
identified in paragraph 258 (b) of the Platform for Action.
58. The work on indicators should be integrated with the work initiated under the aegis
of the Commission on Sustainable Development.
L. The girl child
59. Educating the girl child about rights guaranteed to her under international human
rights instruments should be given more importance.
60. Health should be emphasized, including reproductive and sexual health and
information on human immunodeficiency virus/acquired immunodeficiency syndrome.
M. Institutional arrangements
61. More attention should be given to measures to promote mainstreaming of a gender
perspective into all policies and programmes of the United Nations.
62. Clarification has to be sought on progress regarding innovative mobilization of
resources.
63. Experiences from bilateral and regional cooperation should be taken into account by
indicating best practices and the importance of policy dialogue and country strategies.
64. The role of the Economic and Social Council and the importance of coordinated
follow-up of all major United Nations conferences should be further highlighted.
Decision 40/101. Reports relating to follow-up to the Fourth World Conference on Women
At its 16th meeting, on 22 March 1996, the Commission on the Status of Women took note
of the following reports relating to follow-up to the Fourth World Conference on Women:
(a) Report of the Secretary-General on the mandate, methods of work and multi-year work
programme of the Commission on the Status of Women; 62/
(b) Report of the Secretary-General on ways to enhance the capacity of the Organization
and of the United Nations system to support the ongoing follow-up to the Conference; 63/
(c) Report of the Secretary-General on the elimination of stereotyping in the mass
media; 64/
(d) Report of the Secretary-General on child and dependant care, including the sharing
of work and family responsibilities; 65/
(e) Report of the Secretary-General on education for peace; 66/
(f) Report of the Secretary-General on the improvement of the status of women in the
Secretariat; 67/
(g) Report of the Secretary-General on the implementation of General Assembly
resolution 50/166 on the role of the United Nations Development Fund for Women in
eliminating violence against women. 68/
62/ E/CN.6/1996/2. 63/ E/CN.6/1996/3. 64/ E/CN.6/1996/4. 65/ E/CN.6/1996/5. 66/
E/CN.6/1996/6. 67/ E/CN.6/1996/7. 68/ E/CN.6/1996/11.
Chapter II
FOLLOW-UP TO THE FOURTH WORLD CONFERENCE ON WOMEN
1. The Commission considered item 3 of its agenda at the 1st to 12th and 14th to 16th
meetings, from 11 to 15, 18 and 20 to 22 March 1996. It had before it the following
documents:
(a) Report of the Secretary-General on the mandate, methods of work and multi-year work
programme of the Commission (E/CN.6/1996/2);
(b) Report of the Secretary-General on ways to enhance the capacity of the Organization
and of the United Nations system to support the ongoing follow-up to the Conference
(E/CN.6/1996/3);
(c) Report of the Secretary-General on the elimination of stereotyping in the mass
media (E/CN.6/1996/4);
(d) Report of the Secretary-General on child and dependant care, including the sharing
of work and family responsibilities (E/CN.6/1996/5);
(e) Report of the Secretary-General on education for peace (E/CN.6/1996/6);
(f) Report of the Secretary-General on the improvement of the status of women in the
Secretariat (E/CN.6/1996/7);
(g) Report of the Secretary-General on the situation of and assistance to Palestinian
women (E/CN.6/1996/8);
(h) Report of the Secretary-General on the extent to which violations of women's human
rights have been addressed by human rights mechanisms (E/CN.6/1996/9);
(i) Note by the Secretary-General on the implementation of General Assembly resolution
50/166 on the role of the United Nations Development Fund for Women in eliminating
violence against women (E/CN.6/1996/11);
(j) Note by the Secretary-General on violence against women migrant workers
(E/CN.6/1996/12);
(k) Report of the Secretary-General on the joint work plan of the Division for the
Advancement of Women and the Centre for Human Rights (E/CN.6/1996/13);
(l) Note by the Secretary-General containing proposals for the medium-term plan for the
period 1998-2001 (E/CN.6/1996/14);
(m) Note by the Secretary-General transmitting the results of the fifteenth session of
the Committee on the Elimination of Discrimination against Women (E/CN.6/1996/CRP.1);
(n) Report of the Secretary-General on the proposed system-wide medium-term plan for
the advancement of women, 1996-2001 (E/CN.6/1996/CRP.2);
(o) Report of the Secretary-General on poverty (E/CN.6/1996/CRP.3).
Implementation of strategic objectives and action in the critical areas of concern:
poverty (agenda item 3 (c) (i))
2. At the 5th meeting, on 13 March, the Commission held a panel discussion on the
sub-item and heard presentations by the following experts: Aruna Rao, Consultant,
Bangladesh Rural Advancement Committee; Ishrat Husain, Director, Poverty and Social Policy
Department, World Bank; Jennifer Riria-Ouko, Managing Director, Kenya's Women's Finance;
Mubyarto Martodinoto, Assistant State Minister for Eradication of Poverty, Ministry of
National Development Planning of Indonesia; Gasto'n Iba'n~ez, Minister and Deputy
Permanent Representative of Peru; Elisabeth d'Hondt, Director, Division for Women in
Development, Family and Youth Issues, Federal Ministry for Development and Cooperation,
Germany.
3. The Chairperson made a statement.
4. At the same meeting, the Commission held a dialogue among Governments, in which the
following delegations participated: the Dominican Republic, Congo, Ecuador, South Africa,
Italy (on behalf of the States Members of the United Nations that are members of the
European Union), Bulgaria, China, Pakistan, Nigeria, Zimbabwe, Algeria, Australia, Mali,
Co^te d'Ivoire, Costa Rica and Tunisia.
5. The representative of the Ad Hoc Inter-agency meeting on Women made a statement.
6. The observers for Soroptimist International and a poverty caucus of non-governmental
organizations also made statements.
7. The panellists responded to points raised.
8. At the 6th meeting, on 13 March, the Commission held a dialogue with representatives
of organizations of the system, including the Bretton Woods institutions, and heard
presentations by the Assistant Secretary-General and Special Adviser to the
Secretary-General on Gender Issues and by the representatives of the United Nations
Population Fund, the World Bank, the United Nations Development Fund for Women, the United
Nations Children's Fund, the International Labour Organization and the United Nations
Development Programme.
9. A statement was made by the Chairperson.
10. The following delegations participated in the dialogue: Sudan, Antigua and Barbuda,
Ghana, Netherlands, Guinea-Bissau, Canada, United Republic of Tanzania, Dominican
Republic, Russian Federation, Costa Rica, Togo, Finland, Swaziland, Namibia, Mexico,
Guinea and United States of America.
11. The observer for the Commonwealth Secretariat made a statement.
12. The observer for the poverty caucus of non-governmental organizations also made a
statement.
13. The panellists responded to points raised.
14. At the 7th meeting, on 14 March, the Chairperson summarized the discussion and
dialogues held on the sub-item.
15. At the same meeting, the Commission held a dialogue among Governments, in which the
following delegations participated: Cuba, United States of America, Tunisia, Republic of
Korea, Chile, Bulgaria, Namibia, Italy (on behalf of the States Members of the United
Nations that are members of the European Union), Co^te d'Ivoire, Ireland, Dominican
Republic, Austria, Nigeria, Canada, Japan, Malaysia, Ethiopia, Portugal, Costa Rica (on
behalf of the States Members of the United Nations that are members of the Group of 77),
France, China, Pakistan, Sudan, Finland, Sweden, Australia, Antigua and Barbuda and
Mexico.
16. The observers for the following non-governmental organizations also spoke:
Federally Employed Women and Women's International League for Peace and Freedom.
Implementation of strategic objectives and action in the critical areas of concern:
women and the media (agenda item 3 (c) (ii))
17. At the 8th meeting, on 14 March, the Commission held a panel discussion on the
sub-item and heard statements by the following experts: Margaret Gallagher, media
consultant and former Coordinator of the European Union Steering Committee for Equal
Opportunities in Broadcasting; Joan Pennefather, former Director-General, National Arts
Center of Canada; Lyndall Shope-Mafole, Counsellor, Independent Broadcasting Authority,
South Africa; Teresa Rodriguez, Chief, International Department, Ministry for Women's
Affairs of Chile; Alain Modoux, Director, Division for Communication of the United Nations
Educational, Scientific and Cultural Organization.
18. A statement was made by the Chairperson.
19. At the same meeting, the Commission held a dialogue among Governments, in which the
following delegations participated: Spain, Netherlands, Turkey, Ecuador, United States of
America, Dominican Republic, Philippines, Pakistan, Algeria, Cyprus, China, Mexico, Italy,
Lesotho and Zambia.
20. The representative of the International Research and Training Institute for the
Advancement of Women also spoke.
21. The observers for the following non-governmental organizations spoke: African
Women's Development and Communication Network (FEMNET) and Association for Progressive
Communications.
22. The panellists responded to points raised.
23. At the 9th meeting, on 15 March, the Chairperson made a statement.
24. At the same meeting, the Commission held a dialogue in which the following
delegations participated: Republic of Korea, Pakistan, Poland, China, Sudan, Cuba, Canada,
Japan, Guinea, Finland, Belgium, Portugal, Italy (on behalf of the States Members of the
United Nations that are members of the European Union), Israel, Bahamas, Ghana, France,
Islamic Republic of Iran, Ecuador and Kyrgyzstan.
25. The observers for the following non-governmental organizations also spoke: American
Association of Retired Persons and World Association of Community Radio Broadcasters.
Implementation of strategic objectives and action in the critical areas of concern:
child and dependant care, including sharing of responsibilities between men and women
(agenda item 3 (c) (iii))
26. At the 10th meeting, on 15 March, the Commission held a panel discussion on the
sub-item and heard presentations by the following experts: Kathryn Tolbert, The Population
Council, Mexico Office; Mihaela-Rodica Stanoiu, Secretary of State on Women's Affairs and
Family Policies, Ministry of Labour and Social Protection, Romania; Misrak Elias, Senior
Adviser, Women in Development, United Nations Children's Fund; Anne Havnþr, Senior
Executive Officer, Ministry of Children and Family Affairs, Norway; Chen Guomei, Vice-
President, China Family Education Association, and Professor, Beijing Normal University.
27. A statement was made by the Chairperson.
28. At the same meeting, the Commission held a dialogue among Governments, in which the
following delegations participated: Namibia, Tunisia, Mali, Sudan, Netherlands, Austria,
Zimbabwe, Italy and Finland.
29. Statements were made by the observers for the following non-governmental
organizations: a caucus on shared responsibilities and a non-governmental organization
committee on the status of women, International Confederation of Free Trade Unions and
World Federation of United Nations Associations.
30. The panellists responded to points raised.
31. At the 11th meeting, on 18 March, the Commission held a dialogue among Governments,
in which the following delegations participated: Thailand, United States of America,
Swaziland, Republic of Korea, China, Chile, Japan, Israel, Ghana, Cuba, Italy, Namibia,
Guinea, Canada, Mexico, Sudan, Ecuador, Pakistan, France, Botswana, Angola, Finland,
United Kingdom of Great Britain and Northern Ireland and Sweden.
ACTION TAKEN BY THE COMMISSION
Release of women and children taken hostage in armed conflicts and imprisoned
32. At the 11th meeting, on 18 March, the observer for Azerbaijan, on behalf of
Argentina, 69/ Azerbaijan, 69/ Bangladesh, 69/ Bosnia and Herzegovina, 69/ Cambodia, 69/
Ecuador, Egypt, 69/, Georgia, 69/ Kuwait, 69/ Kyrgyzstan, 69/ Malaysia, Mozambique, 69/
Pakistan, 69/ Togo, Tunisia, Turkey, 69/ Turkmenistan, 69/ the United Arab Emirates, 69/
Uzbekistan 69/ and Zimbabwe, 69/ introduced a draft resolution (E/CN.6/1996/L.1) entitled
"Release of women and children taken hostage in armed conflicts and imprisoned".
Subsequently, Botswana, 69/ Burkina Faso, 69/ Colombia, Costa Rica, Co^te d'Ivoire, 69/
the Dominican Republic, Guatemala, 69/ Guinea, Guinea-Bissau, Haiti, 69/ the Islamic
Republic of Iran, Jordan, 69/ Kazakstan, 69/ Lebanon, Liberia, 69/ Mali, Namibia, Panama,
69/ Peru, 69/ Qatar, 69/ South Africa, 69/ Swaziland, the United Republic of Tanzania, 69/
Venezuela 69/ and Zambia 69/ joined in sponsoring the draft resolution.
69/ In accordance with rule 69 of the rules of procedure of the functional commissions
of the Economic and Social Council.
33. At the 15th meeting, on 22 March, the observer for Azerbaijan orally revised the
draft resolution as follows:
(a) The fifth preambular paragraph, which read:
"Stressing that all forms of repression and cruel and inhuman treatment of women
and children committed by belligerents in the course of military operations or in occupied
territories, including taking them hostage, their imprisonment, the destruction of their
dwellings and their forcible eviction, should be considered criminal", was deleted;
(b) Operative paragraph 1, which read:
"Condemns violence against women and children in areas of armed conflict,
recognizing it as a violation of international humanitarian law, and calls for a
particularly effective response to violations of this kind, including the immediate
release of women and children taken hostage in areas of armed conflict",
was changed to read:
"Condemns violent acts in contravention of international humanitarian law against
civilian women and children in areas of armed conflict and calls for an effective response
to such acts, including the immediate release of such women and children taken hostage in
areas of armed conflict".
34. At the same meeting, the observer for Germany proposed an amendment to the draft
resolution whereby operative paragraph 2, which read:
"Strongly urges all parties to conflicts to immediately release all women and
children taken hostage in areas of armed conflict"
was replaced by the following text:
"Strongly urges all parties to armed conflicts to respect fully the norms of
international humanitarian law in armed conflict and take all measures required for the
protection of women and children, in particular the immediate release of women and
children taken hostage or imprisoned".
35. The Commission then adopted the draft resolution, as orally revised and amended
(see chap. I, sect. C, Commission resolution 40/1).
Integration of women in the Middle East peace process
36. At the 12th meeting, on 20 March, the representative of the United States of
America introduced and orally revised a draft resolution (E/CN.6/1996/L.3) entitled
"Integration of women in the Middle East peace process". Subsequently, Costa
Rica, Israel, 69/ Norway and the Russian Federation joined in sponsoring the draft
resolution, which read as follows:
"The Commission on the Status of Women,
"Recalling General Assembly resolution 50/21 of 12 December 1995, Economic and
Social Council resolution 1995/52 of 28 July 1995, and Commission on the Status of Women
resolution 39/3 of 31 March 1995,
"Recalling also the Beijing Declaration and Platform for Action, adopted at the
Fourth World Conference on Women, in September 1995,
"Stressing that the achievement of a comprehensive, just and lasting settlement of
the Middle East conflict will constitute a significant contribution to strengthening
international peace and security,
"Recalling the convening of the Peace Conference on the Middle East at Madrid on
30 October 1991, on the basis of Security Council resolutions 242 (1967) of 22 November
1967 and 338 (1973) of 22 October 1973, and the subsequent bilateral negotiations, as well
as the meetings of the multilateral working groups, and noting with satisfaction the broad
international support for the peace process,
"Noting the continuing positive participation of the United Nations as a full
extraregional participant in the work of the multilateral working groups,
"Bearing in mind the Declaration of Principles on Interim Self- Government
Arrangements, signed by the Government of the State of Israel and the Palestine Liberation
Organization, the representative of the Palestinian People, in Washington on 13 September
1993, and the subsequent Agreement on the Gaza Strip and the Jericho Area, signed by the
Government of the State of Israel and the Palestine Liberation Organization at Cairo on 4
May 1994, their 29 August 1994 Agreement on the Preparatory Transfer of Powers and
Responsibilities, the Protocol on Further Transfer of Powers and Responsibilities signed
by the Government of Israel and the Palestine Liberation Organization at Cairo on 27
August 1995, and the Interim Agreement on the West Bank and Gaza Strip, signed by the
Government of Israel and the Palestine Liberation Organization in Washington on 28
September 1995,
"Also bearing in mind the Agreement between Israel and Jordan on the Common
Agenda, signed in Washington on 14 September 1993, the Washington Declaration, signed by
Jordan and Israel on 25 July 1994, and the Treaty of Peace between the State of Israel and
the Hashemite Kingdom of Jordan, of 26 October 1994,
"Welcoming the Declaration of the Middle East/North Africa Economic Summit, held
at Casablanca from 30 October to 1 November 1994, as well as the Declaration of the Middle
East/North Africa Economic Summit, held at Amman from 29 to 31 October 1995,
"Reaffirming paragraph 145 of the Beijing Platform for Action which calls upon the
international community to condemn and act against all forms and manifestations of
terrorism,
"1. Welcomes the peace process started at Madrid, and supports the subsequent
bilateral negotiations;
"2. Stresses the importance of, and need for, achieving a comprehensive, just and
lasting peace in the Middle East;
"3. Expresses its full support for the achievements of the peace process thus far,
in particular the Declaration of Principles on Interim Self-Government Arrangements,
signed by the Government of the State of Israel and the Palestine Liberation Organization,
the representative of the Palestinian People, the subsequent Agreement on the Gaza Strip
and the Jericho Area, signed by the Government of the State of Israel and the Palestine
Liberation Organization, their 29 August 1994 Agreement on the Preparatory Transfer of
Powers and Responsibilities, the Protocol on Further Transfer of Powers and
Responsibilities signed by the Government of Israel and the Palestine Liberation
Organization at Cairo on 27 August 1995, the Interim Agreement on the West Bank and Gaza
Strip, signed by the Government of Israel and the Palestine Liberation Organization in
Washington on 28 September 1995, the Agreement between Israel and Jordan on the Common
Agenda, the Washington Declaration, signed by Jordan and Israel on 25 July 1994, and the
Treaty of Peace between the State of Israel and the Hashemite Kingdom of Jordan, of 26
October 1994, which constitute important steps in achieving a comprehensive, just and
lasting peace in the Middle East, and urges all parties to implement the agreements
reached;
"4. Stresses the need to achieve rapid progress on the other tracks of the
Arab-Israeli negotiations within the peace process;
"5. Urges Governments, intergovernmental bodies and non-governmental organizations
to include women in the peace process;
"6. Also urges Governments, intergovernmental bodies and non-governmental
organizations to support the implementation of the Declaration of Principles and to assist
the Palestinian people to ensure Palestinian women's political development and
participation;
"7. Welcomes the results of the Conference to Support Middle East Peace, convened
in Washington on 1 October 1993, including the establishment of the Ad Hoc Liaison
Committee, the subsequent work of the World Bank Consultative Group, welcomes also the
appointment by the Secretary-General of the 'United Nations Special Coordinator in the
Occupied Territories', and urges Member States to expedite economic, financial and
technical assistance to the Palestinian people during the interim period;
"8. Condemns recent terrorist attacks in Israel which seek to undermine the peace
process and which have caused loss of life and injuries among women and their families,
and supports the statement of the Summit of the Peace Makers in Sharm el-Sheikh on 13
March 1996;
"9. Calls upon all Member States to extend economic, financial and technical
assistance to parties in the region and to render support for the peace process,
especially with regard to women;
"10. Urges Member States to ensure that all economic, financial and technical
assistance to parties in the region take into account the role of women as full
participants and beneficiaries;
"11. Considers that an active United Nations role in the Middle East peace process
and in assisting in the implementation of the Declaration of Principles can make a
positive contribution with regard to the status of women;
"12. Encourages regional development and cooperation in areas where work has begun
within the framework of the Madrid Conference."
37. At the 15th meeting, on 22 March, the representative of the United States of
America further orally revised the draft resolution.
38. The observer for the Syrian Arab Republic made a statement.
39. The Commission then adopted the draft resolution, as orally revised, by a roll-call
vote of 27 to 2, with 11 abstentions (see chap. I, sect. C, Commission resolution 40/2).
The voting was as follows:
In favour: Algeria, Australia, Austria, Bahamas, Belarus, Belgium, Brazil, Bulgaria,
Chile, China, Colombia, Costa Rica, Cyprus, Dominican Republic, Ecuador, France, Greece,
India, Japan, Mexico, Norway, Portugal, Republic of Korea, Russian Federation, Slovakia,
Tunisia, United States of America.
Against: Iran (Islamic Republic of), Libyan Arab Jamahiriya.
Abstaining: Angola, Cuba, Guinea, Guinea-Bissau, Indonesia, Lebanon, Malaysia, Namibia,
Philippines, Sudan, Swaziland.
40. Before the draft resolution was adopted, the representatives of Lebanon, Algeria,
the Libyan Arab Jamahiriya and Tunisia made statements; after it was adopted, statements
were made by the representatives of the Islamic Republic of Iran, Swaziland and Cuba.
41. The representative of Ecuador made a statement.
Mainstreaming the human rights of women
42. At the 12th meeting, on 20 March, the representative of Australia, on behalf of
Argentina, 69/ Australia, Canada, 69/ the Congo, Costa Rica, Cyprus, Finland, 69/ Ghana,
69/ Malaysia, the Netherlands, 69/ New Zealand, 69/ Nigeria, 69/ Norway, Poland, 69/
Portugal, the Republic of Korea, Romania, 69/ Sweden, 69/ Switzerland 69/ and Togo,
introduced a draft resolution (E/CN.6/1996/L.4) entitled "Mainstreaming the human
rights of women". Subsequently, Algeria, Angola, Antigua and Barbuda, 69/ Belgium,
Brazil, Bulgaria, Cameroon, 69/ Chile, Colombia, Co^te d'Ivoire, 69/ Denmark, 69/ the
Dominican Republic, Ecuador, Ethiopia, 69/ France, Gabon, 69/ Germany, 69/ Guinea,
Guinea-Bissau, Hungary, 69/ Iceland, 69/ Ireland, 69/ Israel, 69/ Italy, 69/ Japan,
Kyrgyzstan, 69/ Lesotho, 69/ Liechtenstein, 69/ Mali, Morocco, 69/ Namibia, Nepal, 69/
Panama, 69/ Peru, 69/ the Philippines, Senegal, 69/ Slovakia, Slovenia, 69/ South Africa,
69/ Spain, 69/ Thailand, Turkey, 69/ the United States of America, the United Kingdom of
Great Britain and Northern Ireland, 69/ the United Republic of Tanzania, 69/ Zambia and
Zimbabwe joined in sponsoring the draft resolution.
43. At the 15th meeting, on 22 March, the representative of Australia orally revised
the fifth preambular paragraph of the draft resolution by replacing the word
"Welcoming" by the words "Reaffirming the importance of".
44. At the same meeting, the Commission adopted the draft resolution, as orally revised
(see chap. I, sect. C, Commission resolution 40/3).
Traffic in women and girls
45. At the 12th meeting, on 20 March, the representative of the Philippines, on behalf
of Argentina, 69/ Costa Rica, Co^te d'Ivoire, 69/ Fiji, 69/ Ghana, 69/ Indonesia, Israel,
69/ Nigeria, 69/ Panama, 69/ the Philippines and Thailand, introduced a draft resolution
(E/CN.6/1996/L.5) entitled "Traffic in women and girls". Subsequently, Angola,
Bangladesh, 69/ Belgium, Benin, 69/ Burkina Faso, 69/ Cameroon, 69/ the Congo, the
Dominican Republic, Ecuador, Ethiopia, 69/ France, Gabon, 69/ Guinea, Guinea-Bissau,
Lesotho, 69/ Malaysia, Mali, Peru, 69/ the Russian Federation, Senegal, 69/ South Africa,
69/ Switzerland, 69/ Togo, Viet Nam 69/ and Zambia 69/ joined in sponsoring the draft
resolution, which read as follows:
"The Commission on the Status of Women,
"Reaffirming its faith in fundamental human rights, in the dignity and worth of
the human person and in the equal rights of men and women, enshrined in the Charter of the
United Nations, as well as the principles set forth in the Universal Declaration of Human
Rights, the Convention on the Elimination of All Forms of Discrimination against Women,
the International Covenants on Human Rights, the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the
Child and the Declaration on the Elimination of Violence against Women,
"Recalling General Assembly resolutions 49/166 of 23 December 1994 and 50/167 of
22 December 1995, Commission on the Status of Women resolution 39/6 of 29 March 1995 and
Commission on Human Rights resolutions 1994/45 of 4 March 1994 and 1995/25 of 3 March 1995
on the traffic in women and girls,
"Concurring with the conclusions and recommendations made by recent international
conferences, including the World Conference on Human Rights in Vienna, the World Summit
for Social Development in Copenhagen, the International Conference on Population and
Development in Cairo and the Fourth World Conference on Women in Beijing, on the human
rights of women and girl children, in particular with respect to the violation of those
rights by their being forced into sexually or economically oppressive and exploitative
situations for the profit of recruiters, traffickers and crime syndicates, as well as into
other illegal activities related to trafficking, such as forced domestic labour, false
marriages, child marriages, clandestine employment and false adoption,
"Acknowledging that the problem of trafficking also victimizes young boys,
"Welcoming the decision of the Commission on Crime Prevention and Criminal Justice
in its resolution 3/2 of 6 May 1994 to consider the international traffic in minors at its
fourth session, in the context of its discussion on the question of organized
transnational crime, and the adoption by the Subcommission on Prevention of Discrimination
and Protection of Minorities of resolution 1994/5, in which the Subcommission recommended
that Governments adopt legislation to prevent child prostitution and child pornography,
"Concerned about the increasing number of women and girl children from developing
countries and from some countries with economies in transition who are being victimized by
traffickers, and noting the misuse of advanced information technology for pornographic and
trafficking purposes,
"Realizing the urgent need for the adoption of effective measures at the national,
regional and international levels to protect women and girl children from this nefarious
traffic,
"1. Welcomes the Programme of Action of the International Conference on Population
and Development, held at Cairo from 5 to 13 September 1994, which, inter alia, called upon
all Governments to prevent all international trafficking in migrants, especially for the
purpose of prostitution, and for the adoption by Governments of both receiving countries
and countries of origin of effective sanctions against those who organize undocumented
migration, exploit undocumented migrants or engage in trafficking in undocumented
migrants, especially those who engage in any form of international trafficking in women
and girl children;
"2. Calls for the implementation of the Platform for Action of the Fourth World
Conference on Women by Governments of countries of origin, transit and destination and
regional and international organizations, as appropriate:
"(a) By considering the ratification and enforcement of international conventions
on trafficking in persons and on slavery;
"(b) By taking appropriate measures to address the root factors, including
external factors, that encourage trafficking in women and girls for prostitution and other
forms of commercialized sex, forced marriages and forced labour in order to eliminate
trafficking in women, including by strengthening existing legislation with a view to
providing better protection of the rights of women and girls and to punishing the
perpetrators, through both criminal and civil measures;
"(c) By stepping up cooperation and concerted action by all relevant law
enforcement authorities and institutions with a view to dismantling national, regional and
international networks in trafficking;
"(d) By allocating resources to provide comprehensive programmes designed to heal
and rehabilitate into society victims of trafficking, including through job training and
the provision of legal assistance and confidential health care, as well as by taking
measures to cooperate with non-governmental organizations to provide for the social,
medical and psychological care of the victims of trafficking;
"(e) By developing educational and training programmes and policies and
considering enacting legislation aimed at preventing sex tourism and trafficking, giving
special emphasis to the protection of young women and children;
"3. Invites Governments to consider the development of standard minimum rules for
the humanitarian treatment of trafficked persons, consistent with internationally
recognized human rights standards;
"4. Encourages Governments, relevant organizations and bodies of the United
Nations system, intergovernmental organizations and non-governmental organizations to
gather and share information relative to all aspects of trafficking in women and girl
children in order to facilitate the development of anti-trafficking measures, and to adopt
appropriate measures to create wider public awareness of the problem;
"5. Calls upon all Governments to take appropriate measures to prevent the misuse
and exploitation by traffickers of such economic activities as the development of tourism
and the export of labour and the use of advanced information technology, including
cyberspace;
"6. Encourages the Special Rapporteur of the Commission on Human Rights on
violence against women and the Special Rapporteur of the Commission of Human Rights on the
sale of children, child prostitution and child pornography, as well as the Working Group
on Contemporary Forms of Slavery of the Subcommission on Prevention of Discrimination and
Protection of Minorities, to continue to pay special attention to the problem of
trafficking in women and girl children, and to submit a report thereon to the General
Assembly at its fifty-first session, through the usual channels;
"7. Reiterates its request to the Secretary-General to focus the International Day
for the Abolition of Slavery, 2 December 1996, on the problem of trafficking in human
persons, especially women and children, and to devote one meeting of the fifty-first
session of the General Assembly to the discussion of this problem;
"8. Encourages the holding of an international conference on trafficking;
"9. Decides to remain seized of this matter and to examine, at its forty-first
session, the reports of the Special Rapporteurs and relevant organizations and bodies,
with a view to making appropriate recommendations to the General Assembly at its
fifty-first session, through the Economic and Social Council at its substantive session of
1996."
46. At the 15th and 16th meetings, on 22 March, the representative of the Philippines
read out revisions to the draft resolution.
47. At the 16th meeting, the Commission adopted the draft resolution, as orally
revised (see chap. I, sect. C, Commission resolution 40/4).
International Research and Training Institute for the Advancement of Women
48. At the 14th meeting, on 21 March, the representative of Costa Rica, on behalf of
the States Members of the United Nations that are members of the Group of 77 and China,
introduced a draft resolution (E/CN.6/1996/L.6) entitled "International Research and
Training Institute for the Advancement of Women". Subsequently, Turkey joined in
sponsoring the draft resolution.
49. At the 16th meeting, on 22 March, the representative of Costa Rica orally revised
operative paragraph 4 of the draft resolution by replacing the word "important"
by the word "special".
50. At the same meeting, the Commission adopted the draft resolution, as orally revised
(see chap. I, sect. C, Commission resolution 40/5).
Violence against women migrant workers
51. At the 14th meeting, on 21 March, the representative of the Philippines, on behalf
of Fiji, 69/ Ghana, 69/ Israel 69/ and the Philippines, introduced and orally revised a
draft resolution (E/CN.6/1996/L.7) entitled "Violence against women migrant
workers". Subsequently,Costa Rica, the Dominican Republic, Guinea, Guinea-Bissau and
Senegal 69/ joined in sponsoring the draft resolution, which read as follows:
"The Commission on the Status of Women,
"Bearing in mind the Charter of the United Nations, which reaffirms faith in human
rights and fundamental freedoms, in the dignity and worth of the human person, and in the
equal rights of women and men,
"Reaffirming the principles set forth in the Universal Declaration of Human Rights
and the Convention on the Elimination of All Forms of Discrimination against Women,
"Recalling General Assembly resolutions 47/96 of 16 December 1992, 48/110 of 20
December 1993, 49/165 of 23 December 1994 and 50/168 of 22 December 1995 and Commission on
the Status of Women resolutions 38/7 of 18 March 1994 and 39/7 of 31 March 1995, as well
as the Declaration on the Elimination of Violence against Women adopted by the General
Assembly at its forty-eighth session,
"Welcoming the conclusions and recommendations made by recent international
conferences, including the World Conference on Human Rights held in Vienna in June 1993,
the International Conference on Population and Development held in Cairo in September
1994, the World Summit for Social Development held in Copenhagen in March 1995 and the
Fourth World Conference on Women held in Beijing in September 1995, on the promotion and
protection of the rights and fundamental freedoms of women, in particular women migrant
workers,
"Noting the large numbers of women from developing countries and from some
countries with economies in transition who continue to venture forth to more affluent
countries in search of a living for themselves and their families as a consequence of
poverty, unemployment and other socio-economic conditions,
"Recognizing that it is the duty of sending countries to protect and promote the
interests of their citizens who seek or receive employment in other countries, to provide
them with appropriate training/education and to apprise them of their rights and
obligations in the countries of employment,
"Aware of the moral obligation of receiving or host countries to ensure the human
rights and fundamental freedoms of all persons within their boundaries, including migrant
workers, who are doubly vulnerable because of their gender and their being foreigners,
"Noting the measures adopted by some receiving States to alleviate the plight of
women migrant workers residing within their areas of jurisdiction,
"Noting with concern, however, the continuing reports of grave abuses and acts of
violence committed against women migrant workers by some of their employers in some host
countries,
"Stressing that acts of violence directed against women impair or nullify women's
enjoyment of their human rights and fundamental freedoms,
"1. Reiterates its call for States Members of the United Nations to adopt measures
for the effective implementation of the Declaration on the Elimination of Violence against
Women, including their application to women migrant workers;
"2. Invites States concerned, specifically those sending and receiving women
migrant workers, to conduct regular consultations for the purpose of identifying problem
areas in promoting and protecting the rights of women migrant workers and ensuring health,
legal and social services for them, adopting specific measures to address these problems,
setting up, as appropriate, linguistically and culturally accessible services and
mechanisms to implement those measures and, in general, creating conditions that foster
greater harmony and tolerance between women migrant workers and the rest of society in
which they reside;
"3. Encourages States Members of the United Nations, particularly those from which
women migrant workers originate and those that play host to them, to ensure the protection
of the rights and fundamental freedoms of women migrant workers as defined by
international conventions and agreements and by the outcome of recent international
conferences;
"4. Calls upon States Members to adopt and/or implement and periodically review
and analyse legislation to ensure its effectiveness in eliminating violence against women,
including women migrant workers, emphasizing the prevention of violence and the
prosecution of offenders, to take measures for the protection of women, particularly women
migrant workers, who are subjected to violence, and to ensure access to just and effective
remedies, including compensation and indemnification and healing of victims, and
rehabilitation of perpetrators;
"5. Encourages Member States to consider signing and ratifying or acceding to the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families;
"6. Calls upon States to explore the possibility of adopting measures to prevent
the victimization of women migrant workers by sexual traffickers and to penalize those
traffickers, including the ratification of the Convention for the Suppression of the
Traffic in Persons and of the Exploitation of the Prostitution of Others;
"7. Calls for the organization/establishment of a mechanism under the aegis of the
Centre for Human Rights/United Nations High Commissioner for Human Rights, in coordination
with the Division for the Advancement of Women, to be funded from the existing funds of
relevant United Nations bodies and from voluntary contributions by intergovernmental and
non-governmental organizations, which would have the following functions, among others:
"(a) Conduct continuing studies on the situation of migrant workers on a global
and/or regional basis;
"(b) Disseminate information on migrant worker issues;
"(c) Provide training and information to migrant workers to enable them to assert
their rights and fundamental freedoms;
"(d) Make recommendations on measures to address, from cross- sectoral,
interregional, regional and subregional perspectives, the issues affecting migrant
workers, in particular women migrant workers;
"(e) Serve as a forum for the exchange of views, expertise and the like on migrant
workers;
"(f) Organize seminars, consultations and conferences on issues affecting migrant
workers, particularly women migrant workers;
"8. Reiterates its recommendation to the Commission on Human Rights to make the
protection and promotion of the rights of women migrant workers one of its priority
concerns, and for the Special Rapporteur of the Commission to continue to include among
the urgent issues pertaining to her mandate the violence perpetrated against women migrant
workers;
"9. Welcomes the scheduled holding from 27 to 30 May 1996 of the United Nations
Expert Group meeting on the issue of violence against women migrant workers, and requests
that the Group's report be submitted to the General Assembly at its fifty-first session,
through the Economic and Social Council, and that recommendations for concrete indicators
to determine the situation of women migrant workers in sending and receiving countries be
included in the report of the Secretary-General to the General Assembly at its fifty-first
session, together with the reports of the Special Rapporteur on violence against women and
of relevant United Nations bodies and intergovernmental and non-governmental
organizations."
52. At the 16th meeting, on 22 March, the representative of the Philippines, on behalf
of the sponsors, read out further revisions to the draft resolution.
53. At the same meeting, the Commission adopted the draft resolution, as orally revised
(see chap. I, sect. C, Commission resolution 40/6).
Attainment of strategic objectives and action to be taken in the critical area of
concern: women and the media
54. At the 14th meeting, on 21 March, the representative of Costa Rica, on behalf of
the States Members of the United Nations that are members of the Group of 77 and China,
introduced and orally revised a draft resolution (E/CN.6/1996/L.8) entitled
"Attainment of strategic objectives and action to be taken in critical areas: women
and the media". The draft resolution read as follows:
"The Commission on the Status of Women,
"Recalling the Declaration on the Elimination of Violence against Women, adopted
in 1993,
"Referring to the Toronto Platform for Action concerning the access of women
journalists to expression and decision-making,
"1. Reaffirms the provisions of the Platform for Action adopted by the Fourth
World Conference on Women, in particular paragraphs 131 and 135 concerning religious
intolerance, extremist violence and terrorism suffered by women because of their place in
society and their sex;
"2. Also reaffirms paragraph 145 (f) of the Platform for Action, which states that
Governments and international and regional organizations should call upon the
international community to condemn and act against all forms and manifestations of
terrorism, emphasizing the prevention of violence against women in general and women
journalists in particular who, because of their profession, are an easy and preferred
target of acts of violence and intolerance and terrorist attacks;
"3. Condemns the murders and acts of violence and terrorism committed against
women journalists, particularly in Algeria, because of their sex and their profession;
"4. Pays a warm tribute to all the women who continue, with courage, sacrifice and
determination, to make their contribution, through the media, to improving the status of
women;
"5. Appeals to the United Nations, the United Nations Educational, Scientific and
Cultural Organization and the international community to join their efforts in order to
intensify, in accordance with the Platform for Action, efforts to combat terrorism and all
forms of intolerance and violence, which are a major obstacle to achieving the objectives
of equality, development and peace proclaimed in the Nairobi Forward-looking Strategies
for the Advancement of Women."
55. At the 16th meeting, on 22 March, the Commission had before it a revised draft
resolution (E/CN.6/1996/L.8/Rev.1), which the representative of Costa Rica further orally
revised on behalf of the sponsors. France, Italy, 69/ Nepal, 69/ Turkey 69/ and the United
States of America joined in sponsoring the revised draft resolution.
56. At the same meeting, the Commission adopted the revised draft resolution, as
further orally revised (see chap. I, sect. C, Commission resolution 40/7).
Palestinian women
57. At the 14th meeting, on 21 March, the representative of Costa Rica, on behalf of
the States Members of the United Nations that are members of the Group of 77 and China,
introduced a draft resolution (E/CN.6/1996/L.9) entitled "Palestinian women".
58. At the 16th meeting, on 22 March, statements were made by the observers for the
Syrian Arab Republic and Israel.
59. At the same meeting, the Commission adopted the draft resolution by a recorded vote
of 36 to 1, with 7 abstentions (see chap. I, sect. A, draft resolution I). The voting was
as follows:
In favour: Algeria, Angola, Austria, Bahamas, Belarus, Belgium, Brazil, Bulgaria,
Chile, China, Colombia, Congo, Costa Rica, Cuba, Cyprus, Dominican Republic, Ecuador,
France, Greece, Guinea, India, Indonesia, Iran (Islamic Republic of), Japan, Libyan Arab
Jamahiriya, Malaysia, Mexico, Namibia, Philippines, Portugal, Republic of Korea, Sudan,
Swaziland, Thailand, Togo, Tunisia.
Against: United States of America.
Abstaining: Australia, Guinea-Bissau, Lebanon, Mali, 70/ Norway, Russian Federation,
Slovakia.
60. Before the draft resolution was adopted, the representative of the United States of
America made a statement; after it was adopted, statements were made by the
representatives of Australia, Norway, the Islamic Republic of Iran and the Libyan Arab
Jamahiriya.
61. The observer for Palestine also made a statement.
Implementation of strategic objectives and action in the critical areas of concern:
poverty
62. At the 12th meeting, on 20 March, the representative of Costa Rica (on behalf of
the States Members of the United Nations that are members of the Group of 77 and China)
introduced and orally revised a draft resolution (E/CN.6/1996/L.10) entitled
"Implementation of strategic objectives and action in the critical area of concern:
poverty". The draft resolution read as follows:
"The Commission on the Status of Women,
"Recalling General Assembly resolutions 43/195 of 20 December 1988, 44/212 of 22
December 1989, 45/213 of 21 December 1990, 46/141 of 17 December 1991, 47/197 of 22
December 1992, 48/184 of 21 December 1993 and 49/110 of 19 December 1994 related to
international cooperation for the eradication of poverty in developing countries,
"Recalling General Assembly resolution 50/107 of 20 December 1995 on the
observance of the International Year for the Eradication of Poverty and proclamation of
the first United Nations Decade for the Eradication of Poverty,
"Reaffirming the importance of the outcome of the Fourth World Conference on
Women, held in Beijing from 4 to 15 September 1995, as well as all the United Nations
major conferences and summits organized since 1990, in particular the World Summit for
Children, held in New York in September 1990, and the World Summit for Social Development,
held in Copenhagen in March 1995,
70/ The delegation of Mali subsequently indicated that it had intended to vote in
favour of the draft resolution.
"Reaffirming General Assembly resolution 50/203 of 22 December 1995 on the
follow-up of the Fourth World Conference on Women,
"Taking note of the report of the Secretary-General on poverty,
"Recognizing that the eradication of poverty requires the full and equal
participation of women, in particular in the formulation and implementation of policies
that affect them, so as to enable them to become genuine partners in development,
"Emphasizing that empowering women is a critical factor in the eradication of
poverty, since women constitute the majority of people living in poverty, and since they
contribute to the economy and to combating poverty through their work at home, in the
community and in the workplace,
"Recognizing that more women than men live in absolute poverty and the imbalance
is on the increase, resulting in their limited access to income, resources, education,
health care, nutrition, shelter and safe water in all developing countries, in particular
African countries and the least developed countries,
"Bearing in mind that the increasing number of women living in poverty in
developing countries, especially in the rural areas and urban slums, requires the urgent
action of the international community and the adoption of concrete actions and measures at
the national and regional levels towards the eradication of poverty within the framework
of the Beijing Declaration and Platform for Action, adopted by the Fourth World Conference
on Women,
"Stressing the necessity of promoting and implementing policies to create a
supportive international economic environment, through, inter alia, alleviation of the
external debt burden and the negative impact of structural adjustment programmes, through
mobilization and/or the provision of new and additional financial resources that are both
adequate and predictable, and by ensuring equitable terms of trade and increased access of
women in developing countries to markets, productive investments and technologies,
"1. Recognizes the central role that women play in the eradication of poverty, and
recommends their full and equal participation in the formulation and implementation of
policies that affect them so as to enable them to become genuine partners in development;
"2. Recognizes also that the eradication of poverty is both a complex and a
multidimensional problem and fundamental to reinforcing equality, peace and development;
"3. Urges all Governments, the United Nations system, including the Bretton Woods
institutions, and civil society to implement the Platform for Action in its entirety;
"4. Recommends that in order to attain the goals of eradicating the feminization
of poverty as set out in the Platform for Action, the following actions, inter alia, be
undertaken:
"(a) Development and implementation of education, training and retraining policies
for women and girls;
"(b) Promotion and protection of women's rights to full and equal access to
economic resources, including the right to inheritance and to ownership of land and other
property, credit, natural resources and appropriate technologies;
"(c) Promotion of the participation of women at all levels of decision-making;
"(d) Mainstreaming of a gender perspective in the design of policies and
programmes for the eradication of poverty;
"(e) Development of national strategies for promoting employment and
self-employment, including entrepreneurial and organizational skills in order to generate
income for women;
"(f) Adoption of policies to ensure that all women have adequate economic and
social protection during unemployment, ill health, maternity, child-bearing, widowhood,
disability and old age;
"(g) Development of gender-based methodologies and conducting of research to
address the contribution of women to the economy, the feminization of poverty and the
economic and social impact of debt and structural adjustment programmes in all developing
countries, in particular African countries and the least developed countries;
"(h) Reduction, as appropriate, of excessive military expenditures and investments
for arms production and acquisition, consistent with national security requirements, in
order to increase resources for social and economic development;
"5. Calls for the urgent implementation of the outcome of all other major United
Nations conferences and summits related to the eradication of poverty;
"6. Calls upon States to undertake commitments 2 and 5 of the Copenhagen
Declaration on Social Development, and calls upon all relevant international actors to
implement promptly the actions for the eradication of poverty, as contained in the
Programme of Action of the World Summit for Social Development;
"7. Stresses that the United Nations system, including the Bretton Woods
institutions, should play a central role in enhancing financial and technical support and
assistance for developing countries, particularly African countries and the least
developed countries, in their efforts to achieve the objectives set forth in the Beijing
Declaration and Platform for Action, particularly the goal of the eradication of the
feminization of poverty;
"8. Stresses the importance of using all available funding sources and mechanisms,
with a view to contributing towards the goal of poverty eradication and targeting women
living in poverty;
"9. Invites all countries, the United Nations system, including the Bretton Woods
institutions, other relevant international organizations, non-governmental organizations,
the private sector and all other sectors to contribute to the implementation of programmes
aimed at eradicating poverty;
"10. Recommends that the Economic and Social Council, when considering the theme
"Coordination of the United Nations system activities for poverty eradication"
at its substantive session for 1996, ensure that the relevant organs of the United Nations
system take fully into account the gender perspective in their activities for the
eradication of poverty, and requests the Council to recommend to the General Assembly that
the gender dimension of poverty be incorporated into the plan of action of the first
United Nations Decade for the Eradication of Poverty;
"11. Requests the Secretary-General to report on the implementation of the present
resolution in the framework of the first United Nations Decade for the Eradication of
Poverty;
"12. Also requests the Secretary-General to keep in mind the poverty dimension in
the implementation and review of reports on all other critical areas of concern set out in
the Platform for Action, taking into consideration the many links between the eradication
of poverty and the other critical areas of concern."
63. At the 16th meeting, on 22 March, the Commission had before it a draft resolution
(E/CN.6/1996/L.14) entitled "Implementation of strategic objectives and action in the
critical area of concern: poverty", submitted by the Chairperson as the basis for
informal consultations. The draft resolution read as follows:
"The Commission on the Status of Women,
"1st preambular paragraph. Recalling General Assembly resolution 49/110 of 19
December 1994 and other relevant resolutions of the Assembly related to international
cooperation for the eradication of poverty in developing countries,
"2nd preambular paragraph. Recalling also Assembly resolution 50/107 of 20
December 1995 on the observance of the International Year for the Eradication of Poverty
and proclamation of the first United Nations Decade for the Eradication of Poverty,
"3rd preambular paragraph. Reaffirming the importance of the outcome of the Fourth
World Conference on Women held in Beijing from 4 to 15 September 1995 as well as all the
United Nations major conferences and summits organized since 1990, in particular the World
Summit for Social Development held in Copenhagen in March 1995, [Placement to be decided]
"3 bis preambular paragraph. Recognizing that the eradication of poverty will
require the implementation and integration of strategies at the national and international
levels in all the critical areas of concern in the Platform for Action [including, inter
alia, health, education and human rights],
"4th preambular paragraph. Reaffirming General Assembly resolution 50/203 of 22
December 1995 on the follow-up to the Fourth World Conference on Women,
"5th preambular paragraph. Taking note of the report of the Secretary-General on
poverty in the follow-up to the Fourth World Conference on Women and of the discussion
that took place on this issue during the fortieth session of the Commission on the Status
of Women,
"5 bis preambular paragraph. Reaffirming General Assembly resolutions 50/173 of 22
December 1995 on the United Nations Decade for Human Rights Education, 1995-2004, and
49/184 of 23 December 1994, in which the Assembly expressed the conviction that each
woman, man and child, to realize their full human potential, must be made aware of all
their human rights - civil, cultural, economic, political and social [and of the right to
development],
"5 ter preambular paragraph. Recognizing that mainstreaming a gender perspective
into all policies and programmes aimed at combating poverty is crucial, as women
constitute the majority of the world's people living in poverty,
"5 quater preambular paragraph. Recognizing also that the full implementation of
the human rights of women and of the girl child, as an inalienable, integral and
indivisible part of all human rights and fundamental freedoms, is essential for the
advancement of women,
"5 quinquiens preambular paragraph. Recognizing further that the commitment of
Governments is of fundamental importance in combating poverty and in improving living
conditions for women and men,
"6th preambular paragraph. Recognizing further that national and international
efforts to eradicate poverty require full and equal participation of women in the
formulation and implementation of policies that take fully into account the gender
perspective and that empower women to be full partners in development,
"7th preambular paragraph. Emphasizing that empowering of women is a critical
factor in the eradication of poverty, since women constitute the majority of people living
in poverty and contribute to the economy and to the combating of poverty through their
work at home, in the community, and in the workplace,
"7 bis preambular paragraph. Recognizing that poverty is a global problem
affecting all countries and that the complexity of poverty, including the feminization of
poverty, requires a wide range of measures and actions, at the national and the regional
level, giving particular priority to the situation of women living in poverty,
"8th preambular paragraph. Recognizing also that more women than men live in
absolute poverty and that the imbalance is on the increase, resulting in the limited
access of women to income, resources, education, health care, nutrition, shelter and safe
water in all developing countries, particularly in Africa and in the least developed
countries,
"8 bis preambular paragraph. Recognizing further that a large number of women in
countries with economies in transition are also affected by poverty,
"9th preambular paragraph. Bearing in mind that the increasing number of women
living in poverty in developing countries, especially in the rural and urban areas,
requires action by the international community in support of actions and measures at the
national and regional levels towards the eradication of poverty within the framework of
the Beijing Declaration and Platform for Action,
"10th preambular paragraph. Stressing the necessity for promoting and implementing
policies to create a supportive external economic environment, through, inter alia,
cooperation in the formulation and implementation of macroeconomic policies, trade
liberalization, mobilization and/or the provision of new and additional financial
resources that are both adequate and predictable and mobilized in a way that maximizes the
availability of such resources for sustainable development, using all available funding
sources and mechanisms, enhanced financial stability and ensuring increased access of
developing countries to global markets, productive investment and technologies, and
appropriate knowledge,
"OP1. Recognizes the central role that women play in the eradication of poverty,
and stresses the need for their full and equal participation in the formulation and
implementation of policies that take fully into account the gender perspective and that
empower women to be full partners in development;
"OP1 bis. Stresses that the empowerment and autonomy of women and the improvement
of women's social, economic and political status are essential for the eradication of
poverty and that the full and equal participation of women in decision-making at all
levels is an integral part of the process;
"OP2. Recognizes that the eradication of poverty is both a complex and a
multidimensional issue, and fundamental to promoting equality between men and women as
well as to reinforcing peace and achieving sustainable development;
"OP2 bis. [Reaffirms that the promotional protection of, and respect for, all
human rights and fundamental freedoms, including the human rights of women and the right
to development, which are universal, indivisible, interdependent and interrelated, should
be mainstreamed into all policies and programmes aimed at the eradication of poverty, and
reaffirms as well the need to take measures to ensure that every person is entitled to
participate in, to contribute to, and to enjoy economic, social, cultural and political
development;]
"OP2 ter. Stresses that mainstreaming the gender perspective implies examining the
ways in which women and men are affected by poverty, the different assets they possess to
address the question and their respective contributions and potentials;
"OP2 quater. Also stresses that both mainstreaming and other positive actions
should be regarded as complementary strategies aimed at elaborating the full release of
women's and men's development potential and at eradicating poverty;
"OP2 quinquiens. Urges all Governments to fulfil their commitments in the Platform
for Action to develop, preferably by the end of 1996, national implementation strategies
or plans of action that should also focus on the eradication of absolute poverty and the
reduction of overall poverty, with targets, benchmarks for monitoring and proposals for
allocation or reallocation of resources for implementation, including resources for
undertaking gender impact analysis; where necessary the support of the international
community could be enlisted, including resources;
"OP3. [Urges all Governments, the United Nations system, including the Bretton
Woods institutions, and civil society, to implement the Platform for Action in its
entirety;] [, including undertaking gender impact analysis;]
"OP4. Emphasizes that, in addition to the commitments and recommendations
regarding the eradication of poverty outlined in the Programme of Action of the World
Summit for Social Development and in the Platform for Action adopted by the Fourth World
Conference on Women, measures should be undertaken specifically in the context of the
Platform for Action to address the feminization of poverty and to mainstream a gender
perspective in all policies and programmes for the eradication of poverty, including,
inter alia, measures to:
"(a) Develop and implement education, training and retraining policies for women
and girls;
"(b) Undertake legislative and administrative reforms to give women full and equal
access to economic resources, including the right to inheritance and to ownership of land
and other property, credit, natural resources and appropriate technologies;
"(c) Promote the participation of women at all levels of decision- making;
"(d) Develop national strategies for promoting employment and self- employment,
including entrepreneurial and organizational skills, in order to generate income for
women;
"(e) Adopt policies to ensure that all women have adequate economic and social
protection during unemployment, ill health, maternity, child- bearing, widowhood,
disability and old age and that women, men and society share responsibilities for child
and other dependant care;
"(e bis) Restructure and target the allocation of public expenditures to promote
women's economic opportunities and equal access to productive resources and to address the
basic social, educational and health needs of women, particularly those living in poverty;
"(f) Develop gender-based methodologies and conduct research [for use in designing
a more effective policy to recognize and value the full contribution of women to the
economy through all forms of work and employment and to address the feminization of
poverty, in particular the relationship between unremunerated work and women's
vulnerability to poverty;] [delete: to address the contribution of women to the economy,
the feminization of poverty, and the economic and social impact of debt and structural
adjustment programmes in all developing countries, particularly in Africa, and in the
least developed countries;]
"(f bis) [Analyse, from a gender perspective, macroeconomic and micro-economic
policies, including structural adjustment policies and programmes and the allocation of
public expenditures, which should be designed and implemented with the full and equal
participation of women so as to avoid negative impacts on women living in poverty;]
"(g) Reduce excessive military expenditures and investments for arms production
and acquisition, as is appropriate and consistent with national security requirements, in
order to increase resources for social and economic development;
"OP4 bis. Calls for the implementation of the outcome of all other major United
Nations conferences related to the eradication of poverty;
"OP5. Calls upon States to undertake all commitments of the Copenhagen Declaration
on Social Development, taking into account commitments 2 and 5 and the linkages between
them, in their efforts to eradicate poverty, and also calls upon all relevant actors to
implement promptly the actions and measures for the eradication of poverty, as contained
in the Programme of Action of the World Summit for Social Development;
"OP5 bis. Stresses the need to fully integrate a gender perspective into the work
of all thematic task forces relating to the eradication of poverty established by the
Administrative Committee on Coordination, as well as the importance of establishing the
proposed inter-agency committee on the follow-up to the Fourth World Conference on Women;
"OP5 ter. Recommends that a United Nations system-wide effort should be undertaken
to review existing indicators, strengthen gender impact analysis of the design and
implementation of economic reform programmes, develop complementary, qualitative
assessments, and standardize measures and promote their implementation, and stresses that
this effort will necessitate effective coordination;
"OP5 quater. Also recommends that the secretariats of the United Nations system,
including the Bretton Woods institutions, incorporate a coherent method of including both
the mainstreaming of the gender perspective and specific gender programmes to achieve
equality between women and men in the operational activities, staffing and decision-
making sphere of the system;
"OP6. Stresses that the United Nations system, including the Bretton Woods
institutions, should play a central role in enhancing financial and technical support and
assistance for developing countries, particularly African countries and least developed
countries, in their efforts to achieve the objectives of the eradication of poverty and
the full integration of a gender perspective into all policies and programmes, as set
forth in the Beijing Declaration and Platform for Action, particularly the goal of the
eradication of poverty;
"OP6 bis. Recognizes that the implementation of the Platform for Action in the
countries with economies in transition will also require continued international
cooperation and assistance, in support of national efforts;
"OP7. Stresses the importance of using all available funding sources and
mechanisms with a view to contributing towards the goal of poverty eradication and
targeting of women living in poverty;
"OP7 bis. Calls upon States committed to the initiative of allocation of 20 per
cent of official development assistance and 20 per cent of the national budget to basic
social programmes to fully integrate a gender perspective into its implementation, as
called for in paragraph 16 of General Assembly resolution 50/203;
"OP8. Invites all countries, the United Nations system, including the Bretton
Woods institutions, relevant international organizations, non-governmental organizations,
the private sector, and all other sectors to contribute to the implementation of
programmes aimed at eradicating poverty;
"OP8 bis. Stresses the need for a coherent and coordinated approach among all
partners in development in the implementation of national poverty eradication plans or
programmes that fully take into account the gender perspective;
"OP8 ter. Also stresses the need for gender-sensitive training, with the
assistance of United Nations organizations, of those responsible for the formulation and
implementation of development policies and programmes;
"OP8 quater. Further stresses the important role of non-governmental organizations
as actors involved at the grass-roots level in the policy dialogue designed to reach women
through poverty eradication programmes and calls for further efforts to identify ways by
which those non-governmental organizations could contribute to the implementation of such
programmes;
"OP9. Recommends that the Economic and Social Council, when examining the
"Coordination of the activities of the United Nations system for the eradication of
poverty" as the theme for the coordination segment of the substantive session of 1996
of the Council, ensure that the relevant organs of the United Nations system take fully
into account the gender perspective in their activities for the eradication of poverty,
and, likewise, requests that the Council recommend to the General Assembly that the gender
dimension of poverty be incorporated into all activities and documentation related to the
first United Nations Decade for the Eradication of Poverty;
"OP9 bis. Stresses the need to fully integrate a gender perspective into the
coordinated follow-up to major United Nations conferences and summits and recommends that
the Economic and Social Council examine, on a regular basis, the extent to which gender
factors have been taken into account in the recommendations of all the concerned
functional commissions;
"OP10. Requests the Secretary-General to keep in mind the multidimensional nature
of poverty in the implementation and review of reports on all other critical areas of
concern, taking into consideration the many links between the eradication of poverty and
those other critical areas of concern;
"OP11. Also requests the Secretary-General to report on the implementation of the
present resolution within the framework of his report on action envisaged to be taken in
preparation for the First United Nations Decade on the Eradication of Poverty."
64. At the same meeting, the observer for Canada, as facilitator of informal
consultations on the topic, informed the Commission of the changes to the draft resolution
agreed upon during informal consultations.
65. The Commission then agreed to waive rule 52 of the rules of procedure of the
functional commissions of the Economic and Social Council and take action on the draft
resolution, as orally revised.
66. Statements were made by the observers for Italy (on behalf of the States Members of
the United Nations that are members of the European Union), who proposed an amendment to
the draft resolution, and Canada.
67. Also at the 16th meeting, the Commission adopted the draft resolution, as orally
revised and amended (see chap. I, sect. C, Commission resolution 40/9).
68. Statements were made by the representatives of the Libyan Arab Jamahiriya and the
Islamic Republic of Iran and the observer for Guatemala.
69. In the light of the adoption of draft resolution E/CN.6/1996/L.14, draft resolution
E/CN.6/1996/L.10 was withdrawn by the sponsors.
Methods of work for dealing with the implementation of the Platform for Action adopted
by the Fourth World Conference on Women
70. At the 14th meeting, on 21 March, the representative of the Philippines introduced
draft agreed conclusions (E/CN.6/1996/L.12) on methods of work for dealing with the
implementation of the Platform for Action adopted by the Fourth World Conference on Women,
which were submitted by her as coordinator of the informal consultations held on agenda
item 3.
71. At the 15th meeting, on 22 March, the representative of Costa Rica (on behalf of
the States Members of the United Nations that are members of the Group of 77 and China)
made a statement.
72. At the same meeting, the representative of the Philippines orally revised the draft
agreed conclusions as a result of further informal consultations held by her as
coordinator.
73. The representatives of Costa Rica (on behalf of the States Members of the United
Nations that are members of the Group of 77 and China) and Algeria proposed amendments to
the draft agreed conclusions.
74. Statements were made by the representatives of Costa Rica, Mexico and the Russian
Federation and the observer for Canada.
75. The observer for Italy (on behalf of the States Members of the United Nations that
are members of the European Union) proposed an amendment to the draft agreed conclusions.
76. A statement was made by the representative of Namibia.
77. Also at the 15th meeting, the Commission approved the draft agreed conclusions, as
orally revised and as amended by the observer for Italy, and agreed to include them in its
final report (see chap. I, sect. C, agreed conclusions 1996/1).
78. The representative of the Russian Federation made a statement.
Follow-up to the Fourth World Conference on Women
79. At the 14th meeting, on 21 March, the representative of the Philippines introduced
a draft resolution (E/CN.6/1996/L.13) entitled "Follow-up to the Fourth World
Conference on Women", which was submitted by her as coordinator of the informal
consultations held on agenda item 3. The draft resolution read as follows:
"The Economic and Social Council,
"Welcoming the outcome of the Fourth World Conference on Women and the adoption of
its Platform for Action,
"Bearing in mind Economic and Social Council resolutions ll (II) of 21 June 1946
and 48 (IV) of 29 March 1947, by which the Council established the Commission on the
Status of Women and defined its terms of reference, and 1987/22 of 26 May 1987, by which
the Council expanded the mandate of the Commission,
"Taking into account agreed conclusions 1995/1, approved by the Council on 28 July
1995, as well as General Assembly resolution 50/203 of 22 December 1995, on the follow-up
to the Fourth World Conference on Women and full implementation of the Beijing Declaration
and the Platform for Action, in which the Assembly invited the Economic and Social Council
to review and strengthen the mandate of the Commission,
I
"Framework for the functioning of the Commission
"Recalling that the Assembly, in resolution 50/203, decided that the General
Assembly, the Economic and Social Council and the Commission on the Status of Women, in
accordance with their respective mandates and with Assembly resolution 48/162 of 20
December 1993 and other relevant resolutions, should constitute a three-tiered
intergovernmental mechanism that would play the primary role in the overall policy-making
and follow-up, and in coordinating the implementation and monitoring of the Platform for
Action, reaffirming the need for a coordinated follow-up to and implementation of the
results of major international conferences in the economic, social and related fields,
"Convinced that the follow-up to the Fourth World Conference on Women should be
undertaken on the basis of an integrated approach to the advancement of women within the
framework of a coordinated follow-up to and implementation of the results of major
international conferences in the economic, social and related fields, as well as the
overall responsibilities of the General Assembly and the Economic and Social Council,
"1. Decides that the Commission on the Status of Women shall have a catalytic role
in mainstreaming a gender perspective in policies and programmes;
"2. Decides that the inter-agency committee on the advancement and empowerment of
women, once established by the Administrative Committee on Coordination, shall inform the
Commission and the Economic and Social Council of the progress of its work, for the
purpose of system-wide coordination, and that a gender perspective shall also be fully
integrated in the work of all thematic task forces established by the Administrative
Committee on Coordination;
"2 bis. [The United Nations Development Fund for Women and the International
Research and Training Institute for the Advancement of Women have, in accordance with
their respective mandates, a specific role to play in the implementation of the strategic
objectives of the Platform for Action];
"2 ter. [Urges the Committee on the Elimination of Discrimination against Women to
include in its reports to the General Assembly information on the implementation of the
strategic objectives of the Platform for Action related to the provisions of the
Convention, pursuant to paragraph 36 of General Assembly resolution 50/203];
"3. Decides, in view of the traditional importance of non-governmental
organizations in the advancement of women, that such organizations should be encouraged to
participate in the work of the Commission and in the monitoring and implementation process
related to the Conference to the maximum extent possible, and requests the
Secretary-General to make appropriate arrangements to ensure full utilization of existing
channels of communication with non-governmental organizations in order to facilitate
broad-based participation and dissemination of information;
"3 bis. [Recognizing the valuable contribution of non-governmental organizations
to the Fourth World Conference on Women, the Council and its Committee on Non-Governmental
Organizations will decide to review the applications of those non-governmental
organizations under Council resolution 1296 (XLIV) as expeditiously as possible and that
prior to the forty-first session of the Commission on the Status of Women, the Council
will decide on the participation of those non-governmental organizations accredited to the
Conference in Conference follow-up and in the work of the Commission on the Status of
Women, without prejudice to the work of the Open-ended Working Group on the Review of
Arrangements for Consultation with Non-Governmental Organizations];
II
"Terms of reference
"1. Confirms the existing mandate of the Commission on the Status of Women as set
out in its resolutions 11 (II) of 21 June 1946, 48 (IV) of 29 March 1947 and 1987/22 of 26
May 1987, bearing in mind that the Platform for Action builds upon the Nairobi
Forward-looking Strategies for the Advancement of Women;
"2. Decides that the Commission on the Status of Women shall assist the Economic
and Social Council in monitoring, reviewing and appraising progress achieved and problems
encountered in the implementation of the Beijing Declaration and Platform for Action at
all levels, and shall advise the Council thereon;
"3. Decides that the Commission on the Status of Women shall continue to ensure
support for mainstreaming a gender perspective in United Nations activities and develop
further its catalytic role in this regard in other areas;
"4. Decides further that the Commission on the Status of Women shall identify
issues where United Nations system-wide coordination needs to be improved in order to
assist the Council in its coordination function;
"5. Decides that the Commission shall identify emerging issues, trends and new
approaches to issues affecting the situation of women or equality between women and men
that require urgent consideration and make substantive recommendations thereon;
"6. Decides that the Commission shall maintain and enhance public awareness and
support for the implementation of the Platform for Action;
III
"Documentation
"1. Requests that all United Nations documentation be kept concise, clear,
analytical and timely with a focus on relevant issues and in accordance with Council
resolution 1987/24 of 26 May 1987 and Council agreed conclusions 1995/1 of 28 July 1995;
that reports contain recommendations for action and indicate the actors; that reports be
available in all official languages, in accordance with the rules of the United Nations;
and that other methods of reporting, such as oral reports, also be explored;
"2. Requests that the relevant reports of the meetings of inter-agency mechanisms
established by the Secretary-General be transmitted for information to the Commission to
ensure coordination, collaboration and coherence in the implementation of the Platform for
Action;
"3. Decides that requests for reports of the Secretary-General should be limited
to the minimum strictly necessary and that the Secretariat should use information and data
already provided by Governments to the maximum extent possible, avoiding duplication of
requests to Governments for such information;
"4. Decides further that voluntary submission of national information, for example
national action plans or national reports by Governments, should be encouraged;
"5. Requests that the following reports be prepared under agenda item 3 (Follow-up
to the Fourth World Conference on Women), bearing in mind the need to promote integrated
reporting:
"(a) Report of the Secretary-General on the measures taken and the progress
achieved in mainstreaming a gender perspective within the United Nations system
(annually);
"(b) Analytical report of the Secretary-General on the thematic issues before the
Commission in accordance with the multi-year work programme, including, as far as
possible, progress made in national implementation, based on available existing data and
statistics (annually);
"(c) Report on emerging issues under agenda item 3 (b),* as appropriate, at the
request of the Commission or its Bureau;
"(d) Synthesized report on implementation plans of Governments and the United
Nations system, based, inter alia, on national action plans and any other sources of
information already available in the United Nations system (in 1998);
* See sect. IV, para. 3 below.
"(e) Mid-term review of the system-wide medium-term plan (in 1998);
"(f) Report on the implementation of the Platform for Action, on the basis of
national reports, taking into account the Nairobi Forward-looking Strategies for the
Advancement of Women (in 2000);
IV
"Work programme of the Commission on the Status of Women
"1. Adopts a multi-year work programme for a focused and thematic approach,
culminating in a quinquennial review and appraisal of the Platform for Action of the
Fourth World Conference on Women; the work programme, inter alia, will provide a framework
to assess the progress achieved in the implementation of the Platform for Action and will
be in line with the coordinated follow-up to conferences;
"2. Decides that the work of the Commission in relation to the programme of work
shall be closely related to the relevant provisions of the Platform for Action, with a
view to ensuring the effective implementation of the Platform for Action;
"3. Decides that the agenda for the Commission shall consist of the following:
"1. Election of officers.
"2. Adoption of the agenda and other organizational matters.
"3. Follow-up to the Fourth World Conference on Women:
"(a) Review of mainstreaming in organizations of the United Nations system;
"(b) Emerging issues, trends and new approaches to issues affecting the situation
of women or equality between women and men;
"(c) Implementation of strategic objectives and action in the critical areas of
concern.
"4. Communications concerning the status of women.
"5. The Convention on the Elimination of All Forms of Discrimination against
Women, including the elaboration of a draft optional protocol to the Convention.
"6. Provisional agenda for the forty-second session of the Commission.
"7. Adoption of the report of the Commission on its forty-first session.
"4. Decides, in the light of the need for a focused and thematic multi-year work
programme on the critical areas of concern and bearing in mind that the critical areas of
concern are interrelated and interdependent, on the following calendar:
"1997 Education and training of women (Platform for Action, chapter IV.B)
Women and the economy (Platform for Action, chapter IV.F)
Women in power and decision-making (Platform for Action, chapter IV.G)
Women and the environment (Platform for Action, chapter IV.K)
"1998 Violence against women (Platform for Action, chapter IV.D)
Women and armed conflict (Platform for Action, chapter IV.E)
Human rights of women (Platform for Action, chapter IV.I)
The girl child (Platform for Action, chapter IV.L)
"1999 Women and health (Platform for Action, chapter IV.C)
Institutional mechanisms for the advancement of women (Platform for Action, chapter
IV.H)
Initiation of the comprehensive review and appraisal of the implementation of the
Platform for Action
"2000 Comprehensive quinquennial review and appraisal of the implementation of the
Platform for Action
Emerging issues
V
"Regional [dimension]
"Recalling the important role played by regional preparatory conferences in the
preparations for the Fourth World Conference on Women and that plans and programmes of
action were adopted that served as essential inputs to the Beijing Declaration and
Platform for Action,
"1. Recommends that the regional follow-up and monitoring of the regional
platforms and programmes of action should be utilized as inputs for the review and
appraisal of the Beijing Declaration and Platform for Action;
"2. Recommends further that the Council [should] consider how best to integrate
the inputs of regional commissions into the overall monitoring and follow-up to the
Platform for Action."
80. At the 15th meeting, on 22 March, the representative of the Philippines read out
revisions to the draft resolution as a result of further informal consultations held by
her as coordinator.
81. At the same meeting, statements were made by the representatives of the Russian
Federation, Costa Rica (on behalf of the States Members of the United Nations that are
members of the Group of 77 and China), the Philippines and Bulgaria and the observer for
Italy (on behalf of the States Members of the United Nations that are members of the
European Union).
82. The Commission then adopted draft resolution E/CN.6/1996/L.13, as orally revised
(see chap. I, sect. A, draft resolution II, and chap. I, sect. B, draft decision II).
Comments on the proposed system-wide medium-term plan for the advancement of women,
1996-2001
83. At the 15th meeting, on 22 March, the observer for Italy, on behalf of the States
Members of the United Nations that are members of the European Union, introduced a draft
resolution (E/CN.6/1996/L.15) entitled "Comments on the proposed system-wide
medium-term plan for the advancement of women, 1996-2001", which read as follows:
"The Commission on the Status of Women,
"Recalling Economic and Social Council resolution 1985/46, in which the Council
requested the formulation of a system-wide medium-term plan for women and development, and
the resulting Plan, as endorsed by the Council in its resolution 1987/86,
"Also recalling Council resolution 1988/59, in which the Council requested the
Secretary-General to initiate the formulation of a system- wide medium-term plan for the
advancement of women for the period 1996-2001,
"Noting that the Commission had before it at its thirty-seventh session a draft
system-wide medium-term plan for the advancement of women, 1996-2001, and that in its
resolution 1993/16, the Council adopted the proposal of the Commission on the Status of
Women to invite the Secretary-General to revise the draft plan after the Beijing Platform
for Action and the second review and appraisal of the Nairobi Forward-looking Strategies
for the Advancement of Women had been formulated and adopted by the Fourth World
Conference on Women,
"Recognizing the role of the Council in overseeing system-wide coordination in the
implementation of the Platform for Action,
"Recalling that Governments have the primary responsibility for implementing the
Platform for Action,
"Further recalling that the Platform for Action needs to be implemented through
the work of all of the organizations and bodies of the United Nations system as an
integral part of system-wide programming,
"Recognizing that the Platform for Action calls upon the specialized agencies and
other organizations of the United Nations system to strengthen their support for actions
at the national level and to enhance their contributions to coordinated follow-up by the
United Nations, by setting out the specific actions that they will undertake, including
goals and targets for realigning priorities and redirecting resources to meet the global
priorities identified in the Platform for Action, with a clear delineation of
responsibility and accountability, all of which should be reflected in the system-wide
medium-term plan for the advancement of women, 1996-2001, and stressing in this connection
the need for appropriate mechanisms for coordination and cooperation,
"Aware that the Platform for Action stresses that the responsibility for ensuring
its implementation and the integration of a gender perspective into all policies and
programmes of the United Nations system must rest at the highest levels,
"Also aware that the Platform for Action recommends that the Council consider
dedicating at least one coordination segment before the year 2000 to coordination of the
advancement of women, based on the revised system-wide medium-term plan for the
advancement of women,
"Further aware that the Platform for Action recommends that the Council consider
dedicating at least one operational activities segment before the year 2000 to the
consideration of development activities related to gender, based on the revised
system-wide medium-term plan for the advancement of women, with a view to instituting
guidelines and procedures for implementation of the Platform for Action by the funds and
programmes of the United Nations system,
"Mindful that the Platform for Action requests the Secretary-General to assume
responsibility for the coordination of policy within the United Nations for the
implementation of the Platform for Action and for mainstreaming a system-wide gender
perspective in all activities of the United Nations,
"1. Stresses that the system-wide medium-term plan for the advancement of women,
1996-2001 should be an effective instrument for promoting the coordinated implementation
of the Beijing Platform for Action;
"2. Takes note with appreciation of the revised draft plan prepared by the Ad Hoc
Inter-agency Meeting on Women;
"3. Recommends the adoption of the revised draft plan by the Economic and Social
Council, taking into account the comments of the Commission contained in the annex to the
present resolution;
"4. Emphasizes the importance of a coherent approach and of the strategic
orientation/focus of the United Nations system spelt out under each critical area of
concern;
"5. Stresses the importance of institutional follow-up, as well as gender
mainstreaming and capacity-building;
"6. Recommends that the system-wide medium-term plan for the advancement of women,
1996-2001 serve to orient the policy of the United Nations Secretariat and as a monitoring
and coordination tool for system-wide progress in implementing actions under each critical
area of concern in the Platform for Action;
"7. Stresses the importance of involving all parts of the United Nations in the
implementation of the Platform for Action, including the decision-making level;
"8. Invites the United Nations bodies that meet under the auspices of the
Administrative Committee on Coordination to regularly discuss progress made in
implementing activities under each area of critical concern, in keeping with the long-term
programme of work of the Commission on the Status of Women and the Economic and Social
Council, and to provide up-to-date information in those areas to the Council through the
Commission, taking into consideration the comments made on the plan by the Commission and
other relevant bodies;
"9. Recommends that the Council, through the Commission, undertake a comprehensive
mid-term review of the implementation of the plan as a basis for future programming and
coordination of activities for the advancement and empowerment of women by the United
Nations system, including a review of progress in mainstreaming a gender perspective in
all activities of the United Nations system;
"10. Invites the Secretary-General to submit to the Council for its consideration
of the draft plan the comments of the Committee for Programme and Coordination and the
Administrative Committee on Coordination, along with the comments of the Commission;
"11. Recommends that the Administrative Committee on Coordination and the proposed
Inter-Agency Committee on Advancement and Employment of Women use the plan and comments on
it as a basis for monitoring increasing collaboration and cost-effective approaches to
United Nations system activities for the advancement and empowerment of women, including
the assessment of the need for the preparation of guidelines on methods for mainstreaming
a gender perspective in all United Nations activities, ensuring accountability and
carrying out impact analyses of gender-aware programmes and policies;
"12. Recommends that the Council request the Secretary-General to submit to it,
through the Commission at its forty-second session, a progress report on the
implementation of the plan;
"13. Requests the Secretary-General to ensure the mainstreaming of a system-wide
gender perspective in all United Nations activities, including in decision-making as part
of the accountability of senior managers;
"14. Urges the Secretary-General to implement the decision taken by the General
Assembly at its fiftieth session to strengthen the capacity of the Division on the
Advancement of Women of the United Nations Secretariat, and emphasizes the need to provide
the necessary resources for the comprehensive follow-up of the Platform for Action in the
current revision of the programme budget for the biennium;
"15. Recommends that the Council request the formulation of a new system-wide
medium-term plan for the advancement of women to cover the period 2002-2005, and that the
Secretary-General, in his capacity as Chairman of the Administrative Committee on
Coordination, submit the new draft plan to the Council at its substantive session of 2000
in order to influence the medium-term plans of the individual organizations of the United
Nations system.
"Annex
"COMMENTS OF THE COMMISSION ON THE STATUS OF WOMEN ON THE PROPOSED SYSTEM-WIDE
MEDIUM-TERM PLAN FOR THE ADVANCEMENT OF WOMEN, 1996-2001
"I. GENERAL COMMENTS
"1. The system-wide medium-term plan for the advancement of women, 1996-2001 needs
to be more than a compilation of what the organizations of the United Nations system are
doing.
"2. The concept of visible mainstreaming should be better reflected in the
indicative planning of the system.
"3. The list of actors under different critical areas of concern should not be
exclusive.
"4. More emphasis is needed on "policy formulation and guidance", as a
bridge between research and analysis, function and operational training.
"5. The United Nations Secretariat as a whole should undertake activities in the
critical areas of concern - not only those entities that have a specific mandate on the
advancement of women and the operational agencies. Certain entities of the Secretariat,
such as the Executive Office of the Secretary-General, the Department of Political
Affairs, the Department for Policy Coordination and Sustainable Development, the Office of
Legal Affairs and the Department of Humanitarian Affairs, are not included in these
activities. As another example, the Joint and Co-sponsored United Nations Programme on
Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome needs to be better
reflected in the system-wide medium-term plan.
"6. A more strategic orientation on the mainstreaming of a gender perspective
within the work of the United Nations is needed.
"II. SPECIFIC COMMENTS
"A. Women and poverty
"1. More emphasis should be placed on the need for joint efforts by the United
Nations system as regards the use of gender-disaggregated data and the development of
indicators to monitor trends in poverty from a gender perspective.
"2. Insufficient attention is given to an understanding of the underlying causes
of poverty.
* The proposed system-wide medium-term plan for the advancement of women, 1996-2001 was
before the Commission in document E/CN.6/1996/CRP.2.
"3. The integration of a gender dimension in the design and implementation of both
macroeconomic and micro-economic policies, including structural adjustment programmes, is
crucial. The system-wide medium-term plan highlights this as regards both
research/analysis and operational activities. It is surprising, however, that no reference
is made to the role of the World Bank in paragraph 29 or to United Nations funds and
programmes (the United Nations Development Programme, the United Nations Children's Fund
and the United Nations Population Fund).
"4. There is the need for all United Nations bodies to be involved in development
cooperation activities to mainstream a gender perspective into all their policies and
programmes. This would imply the integration of gender analysis and the development of
gender expertise both at Headquarters and in the field.
"5. The reference to 'family life education' is rather unclear. The need to
integrate education on reproductive and sexual health, including family planning, into all
population and development programmes should be addressed.
"B. Education and training of women
"6. Action within the United Nations Secretariat should include analysis and
monitoring of data, policy development and coordination of action by various parts of the
United Nations. Currently action is limited almost exclusively to United Nations agencies.
There are limited references to the Division for the Advancement of Women of the
Department for Policy Coordination and Sustainable Development and the Department of
Public Information.
"7. The United Nations system should consider how to integrate life- long
education and training throughout the activities of the system and promote similar action
at the national level. Appropriate support mechanisms for teaching in difficult,
especially violent, situations should be established.
"8. Data collection and research should include wider activities of the Department
for Economic and Social Information and Policy Analysis.
"9. Data collection should focus on data not currently available. Existing data
may need to be presented in a different format to be useful to relevant committees but
duplication of data collection should be avoided.
"10. Measures that encourage the participation of girls and women in science and
technology in primary, secondary and further education should be included.
"C. Women and health
"11. This section should reflect accurately the terminology from the International
Conference on Population and Development and the Fourth World Conference on Women, that is
sexual and reproductive health and sexual rights instead of health and family planning.
"12. All parts of the Platform for Action need to be implemented at all levels.
"13. All relevant actors throughout the United Nations, including the Department
for Economic and Social Information and Policy Analysis, the United Nations Population
Fund and the Centre for Human Rights need to be involved.
"14. The role of caregivers should be included. Activities with respect to
HIV/AIDS are welcomed, but the heavy burden of care that is often placed on caregivers, in
particular women, needs to be addressed.
"15. The general comments need to avoid duplication of activity; it should be
recognized, however, that more than one actor will have an interest in each area.
"16. The involvement of men needs to be further addressed, as does the
encouragement of men and women to take responsibility for their sexual and reproductive
behaviour.
"17. The Centre for Human Rights should highlight the implications of sexual
rights as a human rights issue.
"D. Violence against women
"18. Actions contained in the system-wide medium-term plan in relation to
strategic objective D.3 (Eliminate trafficking in women and assist victims of violence due
to prostitution and trafficking) of the Platform for Action are very limited, as is the
list of organizations involved.
"E. Women and armed conflict
"19. The focus under this critical area of concern should be on actions to be
taken by the United Nations system in order to protect women who are victims or who are at
risk of becoming victims, of armed conflict from violence and abuse.
"20. Measures to raise awareness of women's rights in armed conflict, and in the
training of police, military personnel, health workers, teachers, managers of camps for
refugee/displaced persons and so forth should be further elaborated.
"21. Measures to promote the more active participation of women in conflict
resolution need to be addressed. In so doing, however, the system-wide medium-term plan
should not assume - as the text now does - that there is a main difference between women's
and men's attitudes to peace, security and conflict solution.
"F. Women and the economy
"22. In relation to the care of children and dependants and the sharing of family
responsibilities, child care and dependant care need to be provided as integral parts of
the concept of gender equality and gender analysis, and ILO Convention No. 156 needs to be
promoted.
"23. In operational activities, there should be a greater commitment to the
provision of care of children and dependants.
"24. The work on indicators should be better coordinated. The World Bank should
also be associated with the analysis of data on globalization and change in international
work patterns.
"25. Under operational activities, there should be a clearer reference to United
Nations system assistance to Governments in implementing policies to ensure women equal
rights with men to economic resources; this should include access to ownership and control
over land and other forms of property, credit, inheritance, natural resources and new
technologies.
"26. As regards women in the rural sector, as reflected in paragraphs 137 and 138
of the system-wide medium-term plan, there should be more emphasis on the concepts
contained in the Platform for Action, in particular paragraph 166 (c) thereof.
"G. Women in power and decision-making
"27. The expression 'parity' is not used in the Platform for Action and should not
be used in the system-wide medium-term plan.
"28. Decision-making is a cross-cutting theme throughout the Platform for Action
and should be addressed at all levels.
"29. The linkage between the productive and reproductive roles of women should be
stressed.
"30. Activities within the United Nations Secretariat in this area of concern need
to be strengthened.
"31. The United Nations Statistics Division should collect and publicize
statistics (in a yearly publication) on the number of women and men throughout the United
Nations system at all levels.
"32. Research on men's representation in fields where they are underrepresented
should be stressed.
"33. Dialogue with and the participation of local communities and civil society
needs to be strengthened in development activities.
"H. Institutional mechanisms for the advancement of women
"34. The United Nations system should take into account that the main task of
national machineries for the advancement of women is to support government-wide
mainstreaming of a gender perspective in all policy areas, and that Governments should
create or strengthen national machineries and other governmental bodies for the
advancement of women.
"35. Providing technical assistance and support to Governments on how to
strengthen institutional capacities for the advancement of women requires a broader range
of actions to be considered than those reflected in the system-wide medium-term plan,
which focus particularly on the collection, use and dissemination of data. Including
gender capacity-building elements in national plans and development strategies, as well as
in supportive efforts provided by international cooperation, should be considered.
"I. Human rights of women
"36. It should be stressed that this is the priority objective of the United
Nations.
"37. The United Nations should develop a comprehensive policy programme for
mainstreaming the human rights of women throughout the United Nations system emphasizing
the strengthening of the cooperation and coordination between different entities of the
United Nations in the promotion and protection of the human rights of women.
"38. Reference to sexual and reproductive rights should be included.
"39. Integration of human rights in all activities of the United Nations should be
emphasized.
"J. Women and the media
"40. This section should be updated in the light of the Platform for Action and
the Programme of Action of the World Summit for Social Development.
"41. The activities of all parts of the United Nations Secretariat should be
reflected, not just those of the Division for the Advancement of Women and the Department
of Public Information. A gender element is needed in all programmes.
"42. Emphasis should be placed on the ability to communicate in order to get the
mainstreaming message across.
"43. Public information and outreach should be undertaken by all parts of the
United Nations system. Mainstreaming a gender perspective into all publications is
essential. The role of women in political activity, as well as in the social and economic
activity in the United Nations system is important. Not only should agencies that have
traditionally had a role in this critical area of concern undertake activities, but also
others should get more involved in the future.
"K. Women and the environment
"44. In the indication of areas of research, more emphasis should be given to the
issues identified in paragraph 258 (b) of the Platform for Action.
"45. The work on indicators should be integrated with the work initiated under the
aegis of the Commission on Sustainable Development.
"L. The girl child
"46. Educating the girl child about rights guaranteed to her under international
human rights should be given more importance.
"47. Health should be emphasized, including reproductive and sexual health and
information on human immunodeficiency virus/acquired immunodeficiency syndrome.
"M. Institutional arrangements
"48. More attention should be given to measures to promote mainstreaming of a
gender perspective into all policies and programmes of the United Nations.
"49. Clarification has to be sought on progress regarding innovative mobilization
of resources.
"50. Experiences from bilateral cooperation should be taken into account by
indicating best practices and the importance of policy dialogue and country strategies.
"51. The role of the Economic and Social Council and the importance of coordinated
follow-up of all major United Nations conferences should be further highlighted."
84. At the 16th meeting, on 22 March, the representative of the Philippines, as
coordinator of the informal consultations held on agenda item 3, read out the changes to
the draft resolution agreed upon during informal consultations.
85. At the same meeting, the Commission agreed to waive rule 52 of the rules of
procedure of the functional commissions of the Economic and Social Council and take action
on the draft resolution, as orally revised.
86. Also at the same meeting, statements were made by the representatives of Costa Rica
(on behalf of the States Members of the United Nations that are members of the Group of 77
and China), Indonesia, who also proposed an amendment to the draft resolution, the Sudan
and the Islamic Republic of Iran and the observers for Italy (on behalf of the States
Members of the United Nations that are members of the European Union), Ghana, Egypt, the
Syrian Arab Republic, Morocco and Canada.
87. The Commission then adopted the draft resolution, as orally revised and amended
(see chap. I, sect. C, Commission resolution 40/10).
88. After the draft resolution was adopted, the representative of the Sudan made a
statement.
Women and the media
89. At the 16th meeting, on 22 March, the Commission had before it draft agreed
conclusions (E/CN.6/1996/L.16) on women and the media, submitted by the Vice-Chairperson,
Ljudmila Boskova (Bulgaria), as coordinator of the informal consultations held on the
topic.
90. The observer for Canada proposed an amendment to the draft agreed conclusions.
91. At the same meeting, the Commission approved the draft agreed conclusions, as
orally amended, and agreed to include them in its final report (see chap. I, sect. C,
agreed conclusions 1996/2).
Child and dependant care, including sharing of work and family responsibilities
92. At the 16th meeting, on 22 March, the Commission had before it draft agreed
conclusions (E/CN.6/1996/L.17) on child and dependant care, including sharing of
responsibilities between men and women, submitted by the Chairperson on the basis of the
informal consultations held on the topic.
93. At the same meeting, the Commission agreed to waive rule 52 of the rules of
procedure of the functional commissions of the Economic and Social Council and take action
on the draft agreed conclusions.
94. Statements were then made by the representative of Costa Rica (on behalf of the
States Members of the United Nations that are members of the Group of 77 and China) and
the observer for Italy (on behalf of the States Members of the United Nations that are
members of the European Union).
95. Also at the 16th meeting, the Commission approved the draft agreed conclusions and
agreed to include them in its final report (see chap. I, sect. C, agreed conclusions
1996/3).
Reports relating to follow-up to the Fourth World Conference on Women
96. At the 16th meeting, on 22 March, the Commission took note of the reports relating
to follow-up to the Fourth World Conference on Women (see chap. I, sect. C, Commission
decision 40/101).
Chapter III
COMMUNICATIONS CONCERNING THE STATUS OF WOMEN
1. The Commission considered item 4 of its agenda at the 1st meeting, on 11 March, and
at the 13th meeting (a closed meeting), on 21 March 1996.
2. At the 1st meeting, on 11 March, pursuant to Economic and Social Council resolution
1983/27, the Commission established a working group to consider communications regarding
the status of women. The following five members, nominated by their regional groups, were
appointed: Sabria Boukadoum (Algeria), Fadi Karam (Lebanon); Monica Martinez (Ecuador);
Zuzana Jezerska (Slovakia); and Sharon Kotok (United States of America). Subsequently, Ana
Isabel Garci'a (Costa Rica) was appointed to replace Monica Martinez (Ecuador), who was
unable to complete her term. The Working Group on Communications on the Status of Women
held four meetings.
ACTION TAKEN BY THE COMMISSION
Report of the Working Group on Communications on the Status of Women
3. At the 13th meeting (a closed meeting), on 21 March, the Commission considered the
report of the Working Group on Communications on the Status of Women (E/CN.6/1996/CRP.4).
4. At the same meeting, the Commission adopted the report of the Working Group, as
amended during the discussion, and agreed to include it in the report of the Commission.
The report of the Working Group read as follows:
"1. The Working Group on Communications on the Status of Women was guided in its
deliberations by the mandate given in Economic and Social Council resolution 1983/27 of 26
May 1983.
"2. The Working Group considered the confidential list of communications
concerning the status of women (E/CN.6/1996/SW/COMM.LIST/30 and Add.1 and Add.2) and the
non-confidential list of communications concerning the status of women
(E/CN.6/1996/CRP.32).
"3. The Working Group took note of the three confidential communications received
directly by the Division for the Advancement of Women of the United Nations Secretariat,
as well as of the 16 communications taken from the confidential list of communications
received from the Centre for Human Rights of the United Nations Office at Geneva. It also
took note of the non-confidential list of communications on the basis of a summary
prepared by the Secretariat.
"4. Regarding the confidential communications received directly by the Division,
the Working Group noted some specific trends in the alleged cases of discrimination and/or
violation of human rights of women, namely violations of the rights of freedom of
expression and of movement; and discrimination in the right to citizenship.
"5. The Working Group also considered the communications received from the Centre
for Human Rights and noted the allegations of forced abortion and other violations of
women's human rights in situations of war and armed conflict, such as the systematic
practice of rape and abuse as a tactic of war; rape, sexual molestation and torture by
security and armed forces; and rape, torture and murder in detention. The Working Group
also took note of alleged cases of discriminatory treatment of female babies and rape and
abuse of migrant women workers.
"6. From the summary of non-confidential communications, the Working Group took
note of alleged cases of violence against women; and noted the lack of women in
decision-making, particularly as regards war and conflict resolution. The Working Group
also took note of communications relating to the right to inheritance and ownership of
land and property.
"7. Having considered the above-mentioned communications, the Working Group noted
that some recurring trends could be clearly identified, namely different forms of violence
against women and violation of their human rights, particularly in situations of armed
conflict and war.
"8. The Working Group expressed appreciation to the Governments for having sent in
replies conducive to the clarification of the respective cases; it noted, however, that
some Governments had not replied and suggested that the Commission encourage all
Governments concerned to cooperate in order to make the communications mechanism more
effective.
"9. The Working Group emphasized that the communications procedure of the
Commission on the Status of Women was not sufficient and, therefore, not effective. In
that regard, the Working Group recommended that the Commission's communications procedure
be further improved."
Chapter IV
ELABORATION OF A DRAFT OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST WOMEN
1. The Commission considered item 5 of its agenda at the 2nd, 4th, 7th, 14th and 16th
meetings, on 11, 12, 14, 21 and 22 March 1996. It had before it the report of the
Secretary-General on the elaboration of a draft optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women (E/CN.6/1996/10 and Corr.1 and
Add.1 and 2).
ACTION TAKEN BY THE COMMISSION
Elaboration of a draft optional protocol to the Convention on the Elimination of All
Forms of Discrimination against Women
2. At the 14th meeting, on 21 March, the 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, Aloisia Wo"rgetter (Austria), introduced and
orally revised a draft resolution (E/CN.6/1996/L.11) entitled "Elaboration of a draft
optional protocol to the Convention on the Elimination of All Forms of Discrimination
against Women", the annex to which contained a draft decision on the renewal of the
mandate of the Working Group, recommended for adoption by the Economic and Social Council.
3. At the 16th meeting, on 22 March, the Secretary of the Commission read out the
following statement with regard to the programme budget implications of the draft
resolution:
"In adopting the programme budget for the biennium 1996-1997, the General Assembly
decided that savings of $103.9 million were to be achieved in the programme budget during
the biennium. Under the circumstances, it is not possible at this stage to modify the
calendar of conferences in order to accommodate the additional meetings in 1997 for 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, the full cost of which is
estimated at $161,000. The possibility of additional meetings will be reviewed at the
fifty-first session of the General Assembly."
4. At the same meeting, the observer for the United Kingdom of Great Britain and
Northern Ireland made a statement, which was responded to by the Chairperson of the
Working Group.
5. Also at the 16th meeting, the Commission adopted the draft resolution, as orally
revised (see chap. I, sect. C, Commission resolution 40/8), and the draft decision annexed
thereto (see chap. I, sect. B, draft decision I).
6. The observer for the United Kingdom of Great Britain and Northern Ireland made a
statement.
Report 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
7. At the 16th meeting, on 22 March, the Commission had before it the draft report 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
(E/CN.6/1996/WG/L.1 and Add.1), submitted by the Chairperson of the Working Group, Ms.
Wo"rgetter (Austria), who orally revised it.
8. At the same meeting, the Commission adopted the draft report of the Working Group,
as orally revised, and agreed to annex it to the final report of the Commission (see annex
III below).
9. The observer for Sweden made a statement.
Chapter V
PROVISIONAL AGENDA FOR THE FORTY-FIRST SESSION OF THE COMMISSION
1. The Commission considered item 6 of its agenda at the 14th to 16th meetings, on 21
and 22 March 1996 (for the discussion, see chap. II, paras. 79-81).
2. At the 16th meeting, on 22 March, the Commission agreed that, in the light of the
adoption of draft resolution E/CN.6/1996/L.13 (see chap. II, para. 82), which contained,
inter alia, a multi-year work programme for the Commission and an agenda for the
forthcoming session, no further action was required under agenda item 6.
Chapter VI
ADOPTION OF THE REPORT OF THE COMMISSION ON ITS FORTIETH SESSION
1. At the 16th meeting, on 22 March 1996, the Rapporteur introduced the draft report of
the Commission on its fortieth session (E/CN.6/1996/L.2 and Add.1), and orally corrected
it.
2. At the same meeting, the Commission adopted the draft report, as orally corrected,
and entrusted the Rapporteur with its completion.
Chapter VII
ORGANIZATION OF THE SESSION
A. Opening and duration of the session
1. The Commission on the Status of Women held its fortieth session at United
Nations Headquarters from 11 to 22 March 1996. The Commission held 16 meetings (1st to
16th). In accordance with Economic and Social Council resolution 1995/29, a number of
informal meetings of an 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
were also held.
2. The session was opened by the Chairperson of the thirty-ninth session,
Patricia Licuanan (Philippines), who also made a statement.
B. Attendance
3. The session was attended by representatives of the 45 States members of the
Commission. Observers for other States Members of the United Nations and for non-member
States, representatives of organizations of the United Nations system and observers for
intergovernmental, non-governmental and other organizations also attended. A list of
participants is contained in annex I to the present report.
C. Election of officers
4. At the 1st and 2nd meetings, on 11 March, the Commission elected the
following officers by acclamation:
Chairperson: Sharon Brennen-Haylock (Bahamas)
Vice-Chairpersons: Ljudmila Boskova (Bulgaria) Rafika Khouini (Tunisia) Karin
Stoltenberg (Norway)
Rapporteur: Sweeya Santipitaks (Thailand)
D. Agenda and organization of work
5. At the 1st meeting, on 11 March, the Commission adopted its provisional
agenda and approved its organization of work, as contained in document E/CN.6/1996/1. The
provisional agenda read as follows:
1. Election of officers.
2. Adoption of the agenda and other organizational matters.
3. Follow-up to the Fourth World Conference on Women:
(a) Mandate, methods of work and multi-year work programme of the Commission on
the Status of Women;
(b) Review of mainstreaming in organizations of the United Nations system;
(c) Implementation of strategic objectives and action in the critical areas of
concern:
(i) Poverty;
(ii) Women and the media;
(iii) Child and dependant care, including sharing of responsibilities between
men and women.
4. Communications concerning the status of women.
5. Elaboration of a draft optional protocol to the Convention on the Elimination
of All Forms of Discrimination against Women.
6. Provisional agenda for the forty-first session of the Commission.
7. Adoption of the report of the Commission on its fortieth session.
6. At the 2nd meeting, on 11 March, the Vice-Chairperson of the Commission,
Karin Stoltenberg (Norway), was appointed 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, established in accordance with Economic and Social
Council resolution 1995/29.
Ms. Stoltenberg was subsequently succeeded as Chairperson of the Working Group
by Aloisia Wo"rgetter (Austria).
E. Consultations with non-governmental organizations
7. Written statements submitted by non-governmental organizations in accordance
with rule 76 of the rules of procedure of the functional commissions of the Economic and
Social Council (E/5975/Rev.1) are listed in annex II to the present report.
Annex I
ATTENDANCE
Members
Algeria Ramtane Lamamra, Sabria Boukadoum, Amina Mesdoua
Angola
Australia Elaine McKay, Dianne Hariot, Stephen Lloyd, Shirley Lithgow, Kathy
Wong, Jane Connors, Jo Wainer
Austria Ernst Sucharipa, Aloisia Wo"rgetter, Brigitte Brenner, Ingrid
Siess, Irene Freudenschuss-Reichl
Bahamas Harcourt L. Turnquest, Sharon Brennen-Haylock, Cora Bain-Colebrooke,
Allison Christie
Belarus Nataliya Drozd, Igar Gubarevich
Belgium Alex Reyn, Dirk Wouters, Lily Boeykens, Nathalie Cassiers
Brazil Marcela M. Nicodemos
Bulgaria Ludmila Bojkova, Valentin Hadjiyski
Chile
China Wang Shuxian, Wang Xuexian, Zhang Fengkun, Zou Xiaoqiao, Liu Zhixian, Du
Yong, Shi Weiqiang, Xie Bohua, Li Sangu, Huang Shu
Colombia
Congo Marie-The're`se Avemeka, Daniel Abibi, Corneille E. Moka, Marguerite
Tchimbakala, Gise`le Bouanga Kalou
Costa Rica Fernando Berrocal Soto, Emilia Castro de Barish, Liliana Herna'ndez
Valverde, Ana Isabel Garci'a
Cuba Yolanda Ferrer Go'mez, Magalys Arocha Domi'nguez, Ritz M. Pereira Rami'rez,
Rodolfo Reyes Rodri'guez, Margarita Valle Camino
Cyprus Erato Kozakou-Marcoulli
Dominican Republic
Ecuador Monica Martinez
France Claire Aubin, Caroline Mechin, Danie`le Refuveille, Sylvie Crouzier,
Laurent Contini, Fre'de'ric Desagneaux
Greece Anna Frangoudaki
Guinea Camara Hadja Mahawa Bangoura, Coumbassa Hadj Hawaou Diallo, Mafoula
Sylla, Fatoumata Diaraye Diaby, Aissatou Pore'ko Diallo, Balla Moussa Camara
Guinea-Bissau
India Prakash Shah, Sarala Gopalan, Mitra Vasisht, A. K. Sinha, G. Mukhopadhaya,
S. Rama Rao
Indonesia Rini Soerojo, Isslamet Poernomo, Sri Tadjudin, Mubyarto Martodinoto,
Sutjiptohardjo Donokusumo, Wiwiek Setyawati, R. A. Esti Andayani, Riyadi Asirdin
Iran, Islamic Mehdi Danesh Yazdi, Gholam Hossein Dehghani, Republic of Farideh
Hassani, Afsaneh Nadipour
Japan Makiko Sakai, Fumiko Saiga, Ahniwa Natori, Eiko Nakamura, Fumiko Suzuki,
Junko Uchino, Mitsuko Ito, Jiro Usui, Kayo Fujita, Michiko Iino, Kiyoko Kani, Mika
Ichihara
Kenya
Lebanon Samir Moubarak, Fadi Karam
Libyan Arab Asmahan Salem Eddib, Jamaleddin A. Hamida Jamahiriya
Malaysia
Mali
Mexico Ai'da Gonza'lez Marti'nez, Yanerit Morgan, Socorro Flores Liera
Namibia Netumbo Nandi-Ndaitwah, Maria Kapere, Silba Tjipueja, Hazel de Wet,
Frances Matros
Norway Karin Stoltenberg, Sissel Salomon, Marianne Loe, Sten Arne Rosnes, Anne
Havnþr, Guro Camerer, Else Annette Grannes, Turid Leirvoll
Philippines Patricia B. Licuanan, Maria Lourdes V. Ramiro-Lopez, Ruth S.
Limjuco, Imelda Nicolas, Myrna Feliciano, Aurora Javate De Dios, Glen Corpin, Eleonor
Conda
Portugal
Republic of Kim Jang-Sook, Hahm Myung Chul, Hwang In-Ja, Lee Kwang Jae, Korea
Park Bok Soon, Park Enna, Oh Huun-Joo, Lee Jeong-Shim, Kim Yung-Chung, Kang Sun-Hye
Russian L. F. Byezlepkina, A. V. Aparina, G. N. Galkina, Federation B. G.
Stepanov, O. Y. Sepelev, U. V. Chriskov, M. O. Korunova
Slovakia Zuzana Jezerska
Sudan
Swaziland Moses M. Dlamini, Joel M. Nhleko, Audrey L. Nhlabatsi, Nonhlanhla P.
Tsabedze, Melusie M. Masuku
Thailand Asda Jayanama, Saisuree Chutikul, Thakur Phanit, Sriwatana Chulajata,
Karn Chiranond, Vanida Suwankiri, Sweeya Santipitaks
Togo Kissem Tchanghai-Walla, Katoa Nignigaba Takouda
Tunisia Slaheddine Abdellah, Rafika Khouini, Saida Agrebi, Wahid Ben Amor
United States Linda Tarr-Whelan, Melinda L. Kimble, Victor Marrero, of America
Maria Antonietta Berriozabal, Mary Purcell, Ann Bookman, Iris Burnett, Kathleen Hendrix,
Gracia Hillman, Sharon Kotok, Theresa Loar, Nigel Purvis, Lucy Tamlyn, Bisa
Williams-Manigault
States Members of the United Nations represented by observers
Albania, Antigua and Barbuda, Azerbaijan, Bahrain, Botswana, Burkina Faso,
Canada, Co^te d'Ivoire, Czech Republic, Denmark, Dominican Republic, Egypt, Ethiopia,
Fiji, Finland, Germany, Ghana, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel,
Italy, Kazakstan, Lesotho, Liberia, Lithuania, Morocco, Netherlands, New Zealand,
Nicaragua, Nigeria, Pakistan, Peru, Poland, Romania, South Africa, Spain, Sweden, Syrian
Arab Republic, Trinidad and Tobago, Turkey, Uganda, Ukraine, United Kingdom of Great
Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Zambia, Zimbabwe
Non-member States represented by observers
Holy See, Switzerland
United Nations
United Nations Children's Fund, United Nations Development Fund for Women,
United Nations Development Programme, Economic and Social Commission for Asia and the
Pacific, Economic Commission for Africa, Economic Commission for Europe, Office of the
United Nations High Commissioner for Refugees, International Research and Training
Institute for the Advancement of Women, Centre for Human Rights
Specialized agencies and related organizations
International Labour Organization, Food and Agriculture Organization of the
United Nations, United Nations Educational, Scientific and Cultural Organization, World
Health Organization, International Monetary Fund, United Nations Industrial Development
Organization
Intergovernmental organizations represented by observers
Commonwealth Secretariat, European Community, Organization of African Unity,
Organization of American States
Other organizations represented by observers
Palestine
Non-governmental organizations
Category I: American Association of Retired Persons, Association for Progressive
Communications, Inter-Parliamentary Union, International Confederation of Free Trade
Unions, International Council of Women, National Council of Negro Women, Inc., Soroptimist
International, World Federation of United Nations Associations, Zonta International
Category II: All-China Women's Federation, Anglican Consultative Council,
Baha''i' International Community, Education International, International Federation of
Settlements and Neighborhood Centres, International Federation of University Women,
National Council of German Women's Organizations - Federal Union of Women's Organizations
and Women's Groups of German Associations, E.V., Pan-Pacific and South-East Asia Women's
Association, Women's International League for Peace and Freedom, World Information
Transfer
Roster: International Women's Anthropology Conference, Inc., Women's Environment
and Development Organization
Other non-governmental organizations: 3HO Foundation, African Women's
Development and Communication Network (FEMNET), AGORA, Agrupacio'n de Mujeres Tierra Viva,
Ain O Salish Kendra, Al-Khoei Foundation, Alliance des femmes haitiennes, Alliance for
Life, American Jewish Committee, The, American Jewish Congress Commission on Women's
Equality, Armenian International Women's Association, Armenian Relief Society, Inc.,
Arthur and Elizabeth Schlesinger Library on the History of Women in America, Radcliffe
College, Asociacio'n Espan~ola de Mujeres Juristas (A.E.M.J.), Associacao Nacional das
Empresarias, Association de lutte contre les violences faites aux femmes, Association of
Interbalkan Women's Cooperation Societies, Association of Women of Kyrgyzstan for Nuclear
World and Ecological Security, Association of Women's Organizations of Jamaica,
Association Seve savoir et vouloir entreprendre, Associazione Delle Donne
Democratiche-Iraniane Residente in Italia, Bangladesh Nari Progati Sangha, Banulacht,
British Association of Women Entrepreneurs (BAWE), Business and Professional Women's Club,
Camino Foundation, Caribbean People Development Agency (CARIPEDA), Center for the
Advancement of Women, Center for Women's Global Leadership, Center of Arab Women for
Training and Research (CAWTAR), Central Committee for Women's Rights Movements in
Gothenberg/Sweden, Centre d'e'tudes et de recherche sur la population et le
de'veloppement, Centre for International Studies/University College of Cape Breton, Centre
for Women, the Earth, the Divine (CWED), Centro de Investigacio'n para la Accio'n
Femenina, Centro de Investigacion Social, Formacio'n y Estudios de la Mujer (CISFEM),
Centro de la Mujer Peruana Flora Tristan, Centro di Cooperazione Familiare, Children and
Mothers Welfare Society, China Association of Women Entrepreneurs, China Population
Welfare Foundation, China Society for Human Rights Studies, Chinese Education Association
for International Exchange, CLADEM - Peru, Coalition of Australian Participating
Organizations of Women (CAPOW), Coalition on Women and Religion (CWR)/Church Council of
Greater Seattle, Collectif 95 Maghreb egalite, Comite national d'action pour les droits de
l'enfant et de la femme, Committee on Family, Women and Demographic Policy to the
President of the Republic of Sakha (YAKUTIA), Confederacao das Mulheres Do Brasil
(Brazilian Women Confederation), Congregations of Saint Joseph, Congregazione di Nostra
Signora di Carita del Buon Pastore, Congress of Black Women of Canada, Coordination
francaise pour le Lobby europe'en des femmes (C.L.E.F.), Council of Nordic Trade Unions,
Departmento de la Mujer de la Asociacio'n Trabajadores del Estado, Dialogue on Diversity,
Inc., Ecological Rights Association (ERA), Educacio'n, Cultura y Ecologi'a A.C.,
Emakunde/Instituto Vasco de la Mujer, Environmental Women's Assembly, European Union of
Women (British Section), Family Care International, Inc., Federacio'n Espan~ola de
Asociaciones Pro Vida, Federacio'n Nacional de Asociaciones de Mujeres para la Democracia,
Federally Employed Women, Inc., Femme de'veloppement entreprise en Afrique, Femme et monde
rural, Ford Foundation, The, Franciscans International, Francois-Xavier Bagnoud Center for
Health and Human Rights, French Confederation of the Catholic Families Association,
Friendship Ambassadors Foundation, Fundacio'n 8 de Marzo, Fundacio'n de Mujeres
Profesionales, Fundacio'n Grupo de Estudios Sobre la Condicio'n de la Mujer en el Uruguay,
Girls Incorporated, Global Alliance for Women's Health, Grail, The (International
Presidency Team), Groupe de recherche d'e'tudes et de formation femmes action (GREFFA),
Groupement des femmes d'affaires de Guine'e, Harvard Institute for International
Development/MIT Women in Development Group, Humanitarian Law Project, Indian Women's Group
of Trinidad and Tobago, Institut africain pour la de'mocratie, Institute for the Study of
Women/Mount Saint Vincent University, Institute for Urban Research/Morgan State
University, Institute of Sisters of Mercy of the Americas, Instituto Ecuatoriano de
Investigaciones y Capacitacio'n de la Mujer (IECAIM), Inter-American Parliamentary Group
on Population and Development, International Center for Research on Women, International
Coalition on Women and Credit, International Gay and Lesbian Human Rights Commission,
International Reproductive Rights Research Action Group, International Women Count
Network, International Women's Rights Action Watch, Islamic Women's Institute of Iran
(IWII), Japan Federation of Bar Associations (JFBA), Karamah: Muslim Women Lawyers
Committee for Human Rights, Inc., Korean American Coalition on Jungshindae, Inc., Korean
Association of Women Theologians, Korean Institute for Women and Politics (KIWP),
Leadership Conference for U.S. Dominican Religious, Maryknoll Sisters of St. Dominic,
Inc., Medical Association in Jamaica, Mira Med Institute, Mobility International U.S.A.,
Moral Rearmament, Inc., NAACP Legal Defense and Educational Fund, Naripokkho, National
Action Committee on the Status of Women, National Association of Negro Business and
Professional Women's Clubs, Inc., National Committee of Women for Democratic Iran,
National Council for Research on Women, National Council of African Women, National
Council of Women of Canada (NCWC), National Council of Women of the United States, Inc.,
National Federation of International Organizations for Immigrant Women-Sweden, National
Institute of Womanhood (NIW), The, National Spiritual Assembly of the Baha'is of the
United States, New Zealand Federation of University Women, NGO Commonwealth Women Network,
Nizhny Novgorod League of Business Women, North America Taiwanese Women's Association,
Office of Women in Higher Education/American Council on Education, Organisation de la
femme istiqlalienne, Organization of Turkish Childrens' Rights Summit, Organizing
Committee/People's Decade of Human Rights Education, Pacific Rim Institute for Development
and Education (PRIDE), Philadelphia Yearly Meeting of the Religious Society of Friends,
Programme Support Unit Foundation, Red Nacional de Promocio'n de la Mujer - Peru',
Republican Counsil of Women's Organizations, Research Action Information Network for
Bodily Integrity of Women, Reseau femmes africaines et droits humains (REFAD), Ribbon
International, SACH-Struggle for Change, Sahaja Yoga International, Scottish Education and
Action Development, Sewa-Nepal, Shanghai Women's Studies Association, Slovak Women's
Social Democracy Community, Society for Interbalkan Cooperation of Romanian Women (SICRW),
Sociologists for Women in Society, Soroptimist International - Bangladesh, Temple
University (Commonwealth), Tunisian Mothers' Association, Ugnayas Ng Kababaihan Sa
Politika (Philippines), Union nationale pour le soutien et la promotion de la femme au
foyer "Femmes actives au foyer", United Nations Women's Guild, US-China People's
Friendship Association (USCPFA), Voice of Women for Peace (Canada), WIN Visible - Women
with Visible and Invisible Disabilities, Women Convention Watch Indonesia, The, Women
Empowering Women of Indian Nations, Women in International Security (WIIS), Women of
Reform Judaism, The Federation of Temple Sisterhoods, Women's Alliance for Democracy,
Women's Caucus, International Aids Society (NYS State Psychiatric Institute/HIV Center for
Clinic and Behaviour Study), Women's Council of the University of Missouri-Kansas City
(UMKC), Women's Health in Women's Hands: a Community Health Centre for Women, Women's
Network of the International Health Futures Network, Women's Society (Zhinocha Hromada),
Working Women National Committee of the Puerto Rican Labor Central, World Association of
Community Radio Broadcasters (AMARC), World Organization for the Family, YWCA of Australia
(Young Women's Christian Association of Australia), Zigen Fund, Zonta Club
Bratislava-Slovakia (National Network of Zonta International)
Annex II
LIST OF DOCUMENTS BEFORE THE COMMISSION AT ITS FORTIETH SESSION
Document symbol Agenda Item Title or description
E/CN.6/1996/1 2 Provisional agenda
E/CN.6/1996/2 3 (a) Mandate, methods of work and multi-year work programme of
the Commission: report of the Secretary-General
E/CN.6/1996/3 3 Ways to enhance the capacity of the Organization and of the
United Nations system to support the ongoing follow-up to the Conference: report of the
Secretary-General
E/CN.6/1996/4 3 Elimination of stereotyping in the mass media: report of the
Secretary-General
E/CN.6/1996/5 3 Child and dependant care, including the sharing of work and
family responsibilities: report of the Secretary-General
E/CN.6/1996/6 3 Education for peace: report of the Secretary-General
E/CN.6/1996/7 3 (b) Improvement of the status of women in the Secretariat:
report of the Secretary-General
E/CN.6/1996/8 3 Situation of and assistance to Palestinian women: report of the
Secretary-General
E/CN.6/1996/9 3 (b) Extent to which violations of women's human rights have been
addressed by human rights mechanisms: report of the Secretary-General
E/CN.6/1996/10 and 5 Elaboration of a draft optional Corr.1 and Add.1 protocol
to the Convention on the and 2 Elimination of All Forms of Discrimination against Women:
report of the Secretary- General
E/CN.6/1996/11 3 Implementation of General Assembly resolution 50/166 on the
role of the United Nations Development Fund for Women in eliminating violence against
women: note by the Secretary-General
E/CN.6/1996/12 3 Violence against women migrant workers: note by the
Secretary-General
Document symbol Agenda Item Title or description
E/CN.6/1996/13 3 (b) Joint work plan of the Division for the Advancement of
Women and the Centre for Human Rights: report of the Secretary-General
E/CN.6/1996/14 3 Proposals for the medium-term plan for the period 1998-2001:
note by the Secretary- General
E/CN.6/1996/L.1 3 Argentina, Azerbaijan, Bangladesh, Bosnia and Herzegovina,
Cambodia, Ecuador, Egypt, Georgia, Kuwait, Kyrgyzstan, Malaysia, Mozambique, Pakistan,
Togo, Tunisia, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan and Zimbabwe: draft
resolution
E/CN.6/1996/L.2 and 7 Draft report of the Commission on its Add.1 fortieth
session
E/CN.6/1996/L.3 3 United States of America: draft resolution
E/CN.6/1996/L.4 3 Australia, Canada and Norway: draft resolution
E/CN.6/1996/L.5 3 Fiji, Ghana, Nigeria, Philippines and Thailand: draft
resolution
E/CN.6/1996/L.6 3 Costa Rica (on behalf of the States Members of the United
Nations that are members of the Group of 77 and China): draft resolution
E/CN.6/1996/L.7 3 Fiji, Ghana and Philippines: draft resolution
E/CN.6/1996/L.8/Rev.1 3 Costa Rica (on behalf of the States Members of the
United Nations that are members of the Group of 77 and China): revised draft resolution
E/CN.6/1996/L.9 3 Costa Rica (on behalf of the States Members of the United
Nations that are members of the Group of 77 and China): draft resolution
E/CN.6/1996/L.10 3 Costa Rica (on behalf of the States Members of the United
Nations that are members of the Group of 77 and China): draft resolution
Document symbol Agenda Item Title or description
E/CN.6/1996/L.11 5 Draft resolution submitted by the 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, on the basis of informal
consultations
E/CN.6/1996/L.12 3 Conclusions regarding methods of work for dealing with the
implementation of the Platform for Action adopted by the Fourth World Conference on Women,
submitted by the coordinator of informal consultations on agenda item 3, Patricia Licuanan
(Philippines)
E/CN.6/1996/L.13 3 Draft resolution submitted by the coordinator of informal
consultations on agenda item 3, Patricia Licuanan (Philippines)
E/CN.6/1996/L.14 3 (c) (i) Draft resolution submitted by the Chairperson as the
basis for informal consultations
E/CN.6/1996/L.15 3 Italy (on behalf of the States Members of the United Nations
that are members of the European Union): draft resolution
E/CN.6/1996/L.16 3 (c) (ii) Draft agreed conclusions submitted by the
Vice-Chairperson of the Commission, Ljudmila Boskova (Bulgaria)
E/CN.6/1996/L.17 3 Agreed conclusions submitted by the Chairperson on the basis
of informal consultations
E/CN.6/1996/NGO/1 3 Statement submitted by the following non-governmental
organizations in consultative status with the Economic and Social Council: International
Federation of Business and Professional Women, Soroptimist International, Zonta
International (category I); International Council on Alcohol and Addictions (ICAA),
Italian Centre of Solidarity, Socialist International Women (SIW), World Association of
Girl Guides and Girl Scouts (category II); International Inner Wheel, International Round
Table for the Advancement of Counselling (IRTAC) (Roster)
Document symbol Agenda Item Title or description
E/CN.6/1996/NGO/2 3 Statement submitted by the following non-governmental
organizations in consultative status with the Economic and Social Council: International
Federation of Business and Professional Women, Soroptimist International, Zonta
International (category I); International Council on Alcohol and Addictions (ICAA),
Italian Centre of Solidarity, Socialist International Women (SIW), World Association of
Girl Guides and Girl Scouts (category II); International Inner Wheel, International Round
Table for the Advancement of Counselling (IRTAC) (Roster)
E/CN.6/1996/NGO/3 3 Statement submitted by the following non-governmental
organizations in consultative status with the Economic and Social Council: International
Council of Women, International Federation of Business and Professional Women, Soroptimist
International, Zonta International (category I); Italian Centre of Solidarity, Socialist
International Women (SIW), World Association of Girl Guides and Girl Scouts (category II);
International Inner Wheel, International Round Table for the Advancement of Counselling
(IRTAC) (Roster)
E/CN.6/1996/NGO/4 3 Statement submitted by the following non-governmental
organizations in consultative status with the Economic and Social Council: International
Federation of Business and Professional Women, Zonta International (category I);
International Council on Alcohol and Addictions (ICAA), Socialist International Women
(SIW), World Association of Girl Guides and Girl Scouts (category II); International Inner
Wheel, International Round Table for the Advancement of Counselling (IRTAC) (Roster)
E/CN.6/1996/NGO/5 3 Statement submitted by the following non-governmental
organizations in consultative status with the Economic and Social Council: International
Alliance of Women - Equal Rights, Equal Responsibilities, International Federation of
Business and Professional Women, Soroptimist International, Zonta International (category
I); All India Women's Conference, Arab Lawyers Union, World Federation of Methodist Women
(WFMW), World Federation for Mental Health (category II)
E/CN.6/1996/NGO/6 5 Statement submitted by the Commission for the Defence of
Human Rights in Central America, a non-governmental organization in consultative status
with the Economic and Social Council, category II
E/CN.6/1996/CRP.1 3 (b) Results of the fifteenth session of the Committee on the
Elimination of Discrimination against Women: note by the Secretary-General
E/CN.6/1996/CRP.2 3 (b) Proposed system-wide medium-term plan for the
advancement of women 1996-2001: report of the Secretary-General
E/CN.6/1996/CRP.3 3 (c) Follow-up to the Fourth World Conference on Women:
implementation of strategic objectives and action in the critical areas of concern:
poverty: report of the Secretary-General
E/CN.6/1996/CRP.4 4 Report of the Working Group on Communications on the Status
of Women
E/CN.6/1996/WG/L.1 5 Draft report of the Open-ended Working and Add.1 Group on
the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women
Annex III
REPORT 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
1. 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 was convened
pursuant to Economic and Social Council resolution 1995/29 of 24 July 1995 to consider a
comprehensive report by the Secretary- General, including a synthesis, on the views of
Governments, intergovernmental organizations and non-governmental organizations on an
optional protocol to the Convention, including views related to feasibility, taking into
account the elements suggested by the Committee on the Elimination of Discrimination
against Women in suggestion 7, adopted at its fourteenth session. a/
2. At the 4th plenary meeting, on 12 March, the Vice-Chairperson of the Commission,
Karin Stoltenberg (Norway) was designated Chairperson of the Working Group. Mr. Phakiso
Mochochoko (Lesotho) presided at the 6th meeting of the Working Group, on 14 March. At the
7th plenary meeting, on 14 March, Aloisia Wo"rgetter (Austria) was designated
Chairperson of the Working Group to replace Ms. Stoltenberg (Norway), who had resigned
owing to unforeseen circumstances.
3. The Working Group met from 11 to 22 March 1996. It held 10 meetings (1st to 10th)
and two informal meetings. It had before it the report of the Secretary-General on the
elaboration of a draft optional protocol to the Convention on the Elimination of All Forms
of Discrimination against Women (E/CN.6/1996/10 and Corr.1 and Add.1 and 2).
4. At the 1st meeting, on 11 March, the acting Chairperson opened the meeting and made
a statement. The Director of the Division for the Advancement of Women made an
introductory statement.
5. At the same meeting, in order to assist it in its deliberations, the Working Group
was briefed by a member of the Human Rights Committee on the provisions, procedures and
experience of the Committee under the first Optional Protocol to the International
Covenant on Civil and Political Rights.
He also responded to questions raised by delegations.
6. At the 2nd, 5th, 7th and 9th meetings, on 12, 13, 14 and 18 March, the Chairperson
of the Committee on the Elimination of Discrimination against Women made a statement and
responded to questions raised by delegations with regard to specific elements proposed by
the Committee in suggestion 7, as well as with regard to the working methods of the
Committee in the examination of States parties' reports.
7. At the 5th and 7th to 9th meetings, on 13, 14 and 18 March, the representative of
the Centre for Human Rights responded to questions raised by delegations with regard to
the practice and procedures of other United Nations human rights mechanisms.
a/ Official Records of the General Assembly, Fiftieth Session, Supplement No. 38
(A/50/38), chap. I, sect. B.
8. At the 10th meeting, on 19 March, at the invitation of the Working Group, two
members of the Human Rights Committee made statements and responded to questions raised by
delegations with regard to the subject of justiciability.
9. The Working Group, at the invitation of the Chairperson, first held a general
exchange of views on the question of an optional protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, followed by a systematic and
in-depth exchange of views on aspects that would need to be addressed in such a protocol,
using as a basis for discussion the elements proposed by the Committee on the Elimination
of Discrimination against Women in suggestion 7.
A. General exchange of views
10. Support was expressed in favour of an optional protocol to the Convention and the
process initiated for its elaboration. Delegations stated their readiness to cooperate and
to participate actively in the Working Group to achieve an effective instrument that would
command the greatest possible support and a large number of ratifications.
11. However, delegations raised several obstacles and difficulties to be addressed in
the elaboration of a protocol and put forward questions that needed to be clarified and
extensively considered in the process.
12. It was argued that an optional protocol would increase the efficacy of the
Convention, and lead to more effective protection and promotion of the human rights of
women. Such a procedure would strengthen the Convention and put it on an equal footing
with other human rights treaty mechanisms. The view was expressed that a communications
procedure could place undue attention on individual cases, whereas situations of massive
violations needed to be addressed.
13. Many delegations pointed out that the preparation of an optional protocol was a key
element in the follow-up to the World Conference on Human Rights and the Fourth World
Conference on Women. It represented a unique opportunity to fill procedural gaps in
existing mechanisms. During its preparation, the reasons for the low number of
ratifications of other complaints mechanisms could be assessed with a view to avoiding
them in the instrument.
14. Many delegations pointed out that the question of the relationship between the
proposed optional protocol and existing mechanisms providing for a communications
procedure needed careful consideration. In that regard, overlapping or duplication would
have to be avoided; the need for streamlining of the human rights machinery was noted.
Efforts to mainstream women's human rights and a gender perspective into the general human
rights activities were mentioned. It was also emphasized that, while the question of
overlapping and duplication presented a challenge, it should not stand in the way of the
elaboration of such a procedure. The question of overlapping had also been raised, inter
alia, at the time of the drafting of the Convention on the Elimination of All Forms of
Discrimination against Women, and its reporting procedure, both of which are now widely
accepted.
15. The possible complementary role that a well-drafted protocol could play within the
human rights system was highlighted, especially given the wider scope of the provisions of
the Convention. The scope of other procedures and the fact that the rights of women were
not their main focus were noted. The elements proposed by the Committee on the Elimination
of Discrimination against Women and those contained in the Maastricht draft would be
useful in the work ahead.
16. Reference was made to procedures under a number of treaty-based and Charter-based
human rights mechanisms. It was noted that the different nature of the communications
procedure of the Commission on the Status of Women would not overlap with an optional
protocol. The view was expressed that an optional protocol should not establish an
essentially different approach from the one contained in the first Optional Protocol to
the International Covenant on Civil and Political Rights. However, further comparison with
the mandates and jurisprudence of existing machinery would help to identify where further
work was needed to support the realization of women's rights.
17. The question of the justiciability of rights contained in the Convention on the
Elimination of All Forms of Discrimination against Women under an optional protocol on the
right to petition was addressed by many delegations. Several delegations pointed to the
diverse nature of States parties' obligations under the various provisions of the
Convention, and the implications for their justiciability. It was suggested that some
provisions were clearly suited to be the subject of a petition procedure, while other
provisions were of a more programmatic nature for which a different procedure might be
required. Thus, work on an optional protocol would need to proceed in the light of the
various types of provisions contained in the Convention. On the other hand, a number of
delegations expressed the view that all substantive provisions of the Convention should be
considered justiciable under an optional protocol.
18. Several delegations commended the important work done by the Committee on the
Elimination of Discrimination against Women. The need to strengthen the Committee through,
inter alia, an increase in resources and meeting time was expressed. Concern was expressed
by some delegations that despite the recent proposal to extend the Committee's meeting
time, this might not be sufficient to deal both with the existing backlog in report
consideration and with the task of considering communications.
19. Some delegations expressed concern with regard to possible financial implications
resulting from the adoption of an optional protocol. The costs involved would need to be
estimated. Some delegations expressed the view that the elaboration of an optional
protocol might not be the best use of resources for maximizing the effectiveness of
women's enjoyment of their rights. Instead, the achievement of universal ratification and
better implementation of the Convention should be pursued, including through better and
more timely reporting to the Committee.
B. In-depth consideration of major aspects to be covered by an optional protocol,
following the elements contained in suggestion 7 of the Committee on the Elimination of
Discrimination against Women
20. The Chairperson invited the Working Group, in addressing the specific elements
proposed by the Committee on the Elimination of Discrimination against Women, to take into
consideration the cross-cutting themes that had emerged during the general exchange of
views, such as the question of overlapping with existing procedures, and the question of
justiciability, as applicable. She informed the Working Group of her intention to call
also on non-governmental organizations to make their comments on specific elements.
Element 5
21. Some delegations considered the element to be generally acceptable. It was proposed
to add the option of signing the optional protocol: "... option to sign and ratify or
accede to the optional protocol".
22. The question of the status and impact of reservations entered to provisions of the
Convention by States parties with regard to the admissibility of communications under the
optional protocol was discussed. Delegations considered that ratification of the optional
protocol would leave substantive reservations to the Convention unaffected, without
prejudice to the permissibility of a reservation and its compatibility with the Convention
and with international treaty law. While it was agreed that reservations were permissible
under the Convention, reference was made to article 28.2: "A reservation incompatible
with the object and purpose of the Convention shall not be permitted." Thus, it was
observed that it would be up to the Committee to examine the compatibility of such
reservations with the Convention, and, consequently, the admissibility of a communication.
23. With regard to justiciability, it was suggested that this question would be
especially relevant to discussions on the type of procedure to be contained in an optional
protocol, and its relation to the various provisions of the Convention, including whether
the programmatic provisions would be excluded from being justiciable under an individual
complaints procedure. The view was expressed that only those provisions of the Convention
that established absolute obligations could be justiciable. The types of views expressed
by the Committee at the conclusion of an examination would also be relevant in this
regard.
24. Some delegations stated that it should be left to the Committee to determine the
question of justiciability on the basis of concrete cases, rather than to exclude a priori
certain provisions.
25. It was stated that the question of justiciability was not limited to the Convention
on the Elimination of All Forms of Discrimination against Women. It was also relevant to,
for example, the International Convention on the Elimination of All Forms of Racial
Discrimination, yet in that case, the complaints procedure of article 14 covered the
Convention as a whole. In considering it, the importance of the implementation of treaties
in good faith and according to the principle of pacta sunt servanda was stressed. Some
delegations stated that, while some provisions of the Convention had direct effects and
could, as well as should, be implemented immediately, including the non-discrimination
provision, other provisions might have to be implemented progressively. The guiding legal
principle, however, should be that States parties are under an obligation to take steps
towards achieving the goals, an obligation for which they could be held accountable.
Element 6
26. On the recommendation of the Chairperson, no in-depth discussion of element 6 took
place, as subsequent elements addressed the various aspects of a communications procedure
(elements 7-16) and an inquiry procedure (elements 17-23).
27. While some delegations proposed the retention of only the communications procedure,
others noted the need for both a communications and an inquiry procedure.
28. The view was stated that the purpose of the optional protocol would determine
whether only one, or both procedures, would be needed. The examination of individual
complaints, in an approach similar to other existing individual complaints procedures, was
seen as the principal purpose of an optional protocol. The view was expressed that only
justiciable provisions should fall under the individual complaints procedure, whereas
violations of the provisions of the Convention of a more general nature could be
addressed, for example, in the framework of the reporting procedure.
Element 7
29. With respect to this element, the question of who should have standing to submit a
communication was discussed, and whether this should be extended to a person or group
having sufficient interest in the matter.
30. Some delegations were of the view that individuals as well as groups should have
standing, along the lines of the International Convention on the Elimination of All Forms
of Racial Discrimination, as well as of some regional procedures. Standing for groups
would be needed in cases of major violations.
The language could be specified to read: "groups or organizations with specific
interest in women". It was proposed that "groups" could be more specific,
such as "groups of persons", or "groups of individuals", or
"groups acting on behalf of individuals". Other delegations referred to the
example of the first Optional Protocol to the International Covenant on Civil and
Political Rights, which granted standing to individuals only. The view was expressed that
only victims themselves should have standing.
31. It was stated that, owing to the quasi-judicial nature of the procedure, an
approach that allowed groups of victims to file complaints would not be favoured. The
comparison to national judicial processes was made, which also did not allow such group
complaints. At the same time, the important role of organizations in assisting victims in
filing complaints was stressed. The distinction between the victim having the right to
complain, and the person, group, or representative who may file a complaint on the
person's behalf, would need to be made clear. In this view, other procedures, such as the
communications procedure of the Commission on the Status of Women, were considered more
appropriate for widespread or systematic violations.
32. Many delegations stated that the term "organization" needed
clarification. Any difference to "groups" would need to be elaborated. If
"organization" meant "non-governmental organizations", then it should
be so stated, in which case it might be merged with "groups". At the same time,
a requirement to have groups file on behalf of their members was also proposed. The
Commission was cautioned against broadening the categories of persons who might submit
complaints, as the Committee might be flooded with communications, and possible financial
implications were noted. On the other hand it was stated that allowing groups to complain
could reduce the cost, as the Committee might receive one collective complaint instead of
many separate complaints from individuals. Other delegations argued that the inclusion of
a third category of "organizations" was called for to address the systematic
nature of discrimination and gender-based violence, and would be an innovative element.
33. With regard to the standing criteria of a person or group "having a sufficient
interest", many delegations found this to be too vague and broad a formulation. Some
delegations found such a provision to be inappropriate. The explanation was offered that
this would apply to a situation where the victim herself was not able to complain and a
representative would do so on her behalf. 34. The following categories of standing were
proposed: a person acting in her own interest; an association acting in the interest of
its members; a person acting on behalf of another person who is not in a position to seek
relief in her own name; a person acting as a member or in the interest of a group or class
of persons; a person acting in the public interest.
35. It was pointed out that the threshold test with regard to the right to complain
would depend on the solution of the question of justiciability, and whether all provisions
of the Convention would be covered under an optional protocol. It was also emphasized that
the optional protocol should empower the Committee to deal with complaints regarding any
of the Convention's provisions, as was done when the International Convention on the
Elimination of All Forms of Racial Discrimination was adopted. It was also pointed out
that a compartmentalization of the provisions of the Convention into justiciable and
non-justiciable was not desirable as it might create precedents for other human rights
treaties. Some delegations emphasized that the result of the Committee's consideration of
a complaint would not be a judgement, but the Committee would assess whether a State party
had taken the minimum steps necessary to comply with its obligations under the Convention.
36. It was proposed to expand the right to file a communication by allowing filing to
be done on the basis of a "threat of violations or infringements of rights contained
in the Convention".
37. While it was proposed to qualify the non-compliance provision by characterizing it
as "deliberate, widespread, or systematic", it was also emphasized that the
purpose of the optional protocol was to establish an individual complaints procedure.
38. The question was raised as to who would bear the cost of proceedings.
Element 8
39. As to whether communications should be in writing only, delegations agreed that, in
principle, they should be in writing. Some delegations proposed that in exceptional cases,
when the Committee deemed that there was no other reasonable way to lodge a communication,
some other means could be accepted, such as oral presentation, or taped submissions. The
practical difficulties connected with oral presentations were pointed out.
40. With regard to the confidentiality of the communication, some delegations stressed
the need to clarify whether this referred to the identity of the author, the confidential
treatment of the communication vis-a`-vis third parties, the non-disclosure of the name of
the author to the State party, or the outcome of its consideration. It was suggested to
clarify the policy objective of this requirement in order to arrive at a solution. The
different types of confidentiality requirements contained in various elements, including
8, 9 (b), 11, 12, 15 and 24, was pointed out, and the need for clarity and consistency of
concepts in each case was stressed.
41. Some delegations understood the provision to mean confidential treatment of the
communication, but not that the communication itself should be confidential. Thus,
knowledge of the identity of the author should be limited to the Committee and the State
party. This would also be beneficial to the process of mediation. Several delegations
emphasized that the State party would need to know the identity of the author in order to
reply to the complaint and to initiate remedial action. Other delegations noted that if
the aim of the provision was the protection of the author, this could be achieved with the
provision contained in element 10, or with some other measure. The need to publicize the
facts and findings upon conclusion was stressed.
42. Some delegations spoke in favour of confidentiality along the lines of existing
Charter-based procedures, such as the 1503 procedure, or the communications procedure of
the Commission on the Status of Women. Others argued that in the light of the purpose of
the protocol, the principles and practice of other human rights treaty bodies, such as the
Human Rights Committee, should be used as models.
Element 9
43. With regard to the admissibility criteria proposed in element 9, it was noted that,
while the list proposed in the element is reflective of the present stage in other
comparable procedures, the preparation of a new protocol offered an opportunity for
progressive development and the reflection of current practice.
44. Element 9 (b): Support was expressed for this formulation.
45. Element 9 (c): While clarification was sought on the conceptual distinction between
"alleged violation" and "alleged failure to give effect", it was also
noted that the formulation simply reflected a comprehensive view of the provisions of the
Convention. Some delegations identified a link between these criteria and the question of
standing in element 7, as well as the question whether all the provisions of the
Convention would be covered by the protocol.
46. Several delegations foresaw a potentially enormous number of communications under
the second standard, and proposed the following formulation: "alleged failure to
provide effective remedies to situations caused by violations of rights under the
Convention".
47. Element 9 (d): Several delegations noted that such a criterion was absent from
other comparable procedures. They found it to be counter to existing norms and agreed that
an optional protocol should apply to acts that had occurred after the entry into force of
the optional protocol in the State party. Support was expressed for an approach whereby
the admissibility criterion would be the entry into force of the Convention, not of the
optional protocol, in the State party.
48. Element 9 (f): With regard to the element on the exhaustion of domestic remedies,
preference was expressed its for the formulation contained in the first Optional Protocol
to the International Covenant on Civil and Political Rights. Others stated their
preference for language as contained in the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment or the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, which
stated that the requirement of the exhaustion of domestic remedies should not be the rule
where domestic remedies were unreasonably prolonged, or unlikely to bring effective
relief. The language contained in the latter would also be in accordance with the practice
of the Human Rights Committee, which interpreted its own provision to include the absence
of effective domestic remedies, their lack of effectiveness, or denial of a remedy. It was
suggested that more general wording might be needed which would include that the victim
was unaware of domestic remedies, or of their availability. It was also suggested to
include the word "available" before "domestic remedies", as that would
be in line with other instruments. The view was expressed that it would not be in line
with the role of the Committee to judge whether domestic remedies had been exhausted.
49. With regard to the second sentence, especially the proposed power of the Committee
to declare another international procedure "unreasonably prolonged", many
delegations agreed that such a provision would be inappropriate as it would give the
Committee the power to judge the work of other bodies. Instead, preference for existing
language was expressed, such as in the Convention against Torture or in the Migrant
Workers Convention, that is, that the same matter "has not been, and is not being,
examined by another treaty body". Reference was also made to article 27.1 (b) of the
European Convention establishing inadmissibility when a petition "is substantially
the same as a matter which has already been examined by the Commission or has already been
submitted to another procedure of international investigation or settlement and if it
contains no relevant new information".
50. Support was expressed for the proposed addition of two criteria, namely that a
communication would be inadmissible when manifestly ill-founded; and the inclusion of a
time-limit, that is, that a communication be inadmissible if deposited after 12 months
from the date of the decision of the highest domestic instance, or a similar reasonable
length of time.
51. The addition of the following criteria was also proposed: "Communications
should be in compliance with the principles of objectivity and justice and should include
legal remedies or reparations, if any, undertaken by the State party concerned."
52. Element 9 (g): The question was raised as to who would determine, and what would be
considered, a "reasonable period". It was suggested that the Committee might
have this responsibility.
Element 10
53. Several delegations, pointing to the innovative character of element 10 on interim
measures, expressed their support for its explicit inclusion in the optional protocol.
They noted that that would be in line with existing practice of international, as well as
regional, human rights bodies. In order to avoid irreparable harm, the Committee should be
empowered to take urgent action when necessary. Noting the positive intention of the
provision, other delegations suggested that it should be left to the Committee to include
such a provision in its rules of procedure. Such a placement would allow the Committee
more flexibility in its practical application.
54. A number of delegations, pointing to the language used in the element, considered
it inappropriate to confer upon the Committee power to "request" a State party
to take such measures. Instead, the Committee should be able to "recommend"
interim measures. Their application should be left to the discretion of the State party.
The need for a separate undertaking on the part of the State party was doubted, as States
parties were already expected to act bona fide upon ratification of the instrument.
55. Several delegations noted a lack of clarity and precision in the use of the term
"preservation of the status quo", suggesting that the intention for recommending
such interim measures needed to be further specified. They agreed that it could not mean
that an alleged violation be preserved, but rather its termination and avoidance of
irreparable harm, or the prevention of a violation. It was proposed to reword the element
to give the Committee the right to recommend, or suggest, interim measures so as not to
aggravate the situation. It was also proposed to distinguish between interim measures at
the admissibility stage, and during the proceedings on the merits of a communication, in
accordance with the practice of the Committee against Torture.
56. It was suggested that it might be necessary to monitor the application of such
interim measures at the national level.
57. The requirement, contained in the element, that no inference could be drawn from
the recommendation of interim measures for the Committee's decision on the merits was
emphasized.
Element 11
58. With regard to the formulation that the State party would be "informed
confidentially", several delegations emphasized that, in the light of the purpose of
the procedure as individual procedure, the identity of the author would need to be
revealed to the State party to enable it to investigate the allegations, remedy the
situation and provide full information to the Committee to determine admissibility,
including the exhaustion of domestic remedies. It was also stated that the State party
would be able to implement any recommendations of the Committee only if it knew the
identity of the complainant. It was further stated that only in exceptional cases, when
there appeared to be danger for the author, could this requirement be waived or other
cautionary measures taken, such as interim measures. In that sense, confidentiality in the
element would seem to refer to confidentiality vis-a`- vis third parties.
59. While some delegations, pointing to a similar provision in the International
Convention on the Elimination of All Forms of Racial Discrimination, emphasized the need
to obtain the person's consent before revealing her identity to the State party, they
agreed that in most cases, the State party would need to know the author's identity to
assume its responsibilities. The representative of the Centre for Human Rights stated that
experience with the above Convention showed that of seven cases, in only one had the
identity of the author not been revealed to the State party on an exceptional basis.
60. While some delegations proposed that it should be left to the Committee to
determine, in its rules of procedure, a reasonable time period for the State party to
provide replies, other delegations supported the inclusion of a specified period of time.
Reference was made to the first Optional Protocol to the International Covenant on Civil
and Political Rights (six months) and the International Convention on the Elimination of
All Forms of Racial Discrimination (three months). Several delegations expressed a
preference for a six-month time-limit.
61. Several delegations welcomed the proposals for mediation contained in element 11.
It was, however, stressed that the terms of any settlement would need to be in accordance
and compatible with the State party's obligation under the Convention; be acceptable to
both parties; and be arrived at without pressure on the author to settle. Those concerns
would need to be addressed in relevant provisions of the optional protocol or in the rules
of procedure.
62. With regard to the confidential nature of the report on a settlement, some
delegations emphasized the importance of a transparent procedure, which would encourage
other States parties to take relevant action, and which would build up the Committee's
case law. While the name of the author could be withheld, the results of the settlement
should be made public in the report of the Committee, if the author and the State party so
wished.
63. It was proposed to divide element 11 into two separate elements, whereby the second
element would consist of the last sentence.
64. Some delegations pointed out that a State party needed to be informed of the full
substance of a communication, and not simply of "the nature of the
communication", as suggested in element 11. Thus, it was proposed to state that
"the communication as such" be transmitted to the State party. In fact, both
parties, that is the State party and the complainant, needed to have the full
documentation of a case.
65. Some delegations proposed that the State party be represented in meetings of the
Committee when matters affecting it were under consideration. It was suggested that any
means which facilitated the full and active participation of the State party would be
acceptable. Such a concept could be contained either in the optional protocol, or in the
rules of procedure. Other delegations found that it would be inappropriate for the parties
to be present at the consideration of a communication. If there were an exception, then it
could be only at the specific request of the Committee. The representative of the Centre
for Human Rights informed the Working Group that it was not the practice of the Human
Rights Committee to have representatives of the State party present during the
consideration of a communication.
Element 12
66. With regard to a provision that the Committee would examine a communication in the
light of information received, inter alia, "from other relevant sources", most
delegations emphasized that only information submitted by the author and the State party
should be considered. With reference to element 7, it was stated that, as only victims
should have the right to submit communications, it would be only the victim and the State
party that could provide information on a case.
67. Other delegations pointed out that other relevant sources of information could shed
further light on cases where women were disempowered or unable to provide information. Any
such information, which could be derived from sources such as reports or deliberations of
other United Nations mechanisms, would need to be made available to the parties concerned.
Regarding other sources of information it was noted that, as communications would be
confidential vis-a`-vis third parties during consideration, only general background
information could be made available to the Committee. Such information might be more
usefully provided in the framework of the reporting procedure under article 18 of the
Convention.
68. Many delegations agreed that a visit to the territory in the examination of a
communication would be inappropriate. It was pointed out that such a provision would
belong to elements 17-23. Some suggested that, on an exceptional and case-by-case basis,
this could be envisaged. There was, however, no need to include such a provision in the
optional protocol. That aspect was important, as demonstrated by the successful use of the
method under the European system. It was also available in the inter-American system. It
was emphasized that such a visit would only take place with the agreement of the State
party. The question of the resource implication of such a provision was also raised.
69. With regard to the examination of the communication by the Committee, and in
relation to suggestions made by some delegations under element 11 that the State party be
present, several delegations emphasized that, in both cases the procedure should be of a
written nature and without the presence of the State party. Some delegations stated that,
while in principle this should be a written procedure, the Committee should have the power
to conduct oral hearings with both parties. The possibility of oral testimony should also
not be excluded.
70. It was stated that the use of the term "adopt" in this element was
inappropriate.
Element 13
71. Some delegations welcomed the addition of the element, especially with regard to
reparations. Its inclusion would provide an opportunity, as was the case with certain
other elements, for the progressive development and strengthening of international human
rights law. Some delegations noted the consistency of the element with the practice of
human rights treaty bodies. The well-established practice of the Committee on the
Elimination of Discrimination against Women to adopt recommendations at the conclusion of
the consideration of States parties' reports was noted. Reference was also made to General
Assembly resolution 41/120, establishing the principle that new international human rights
instruments must be consistent with the existing body of international human rights law
and may not fall behind existing standards. Some delegations emphasized the importance of
the Committee's ability to make recommendations on steps necessary to implement the
Convention.
72. Some delegations noted that there was no precedent for a provision on the
recommendation of remedial measures in cases of non-compliance with treaty provisions in
other human rights instruments. At the same time, delegations agreed that the Committee
was not a judicial body, and thus its views were of a recommendatory, albeit
authoritative, character. It was emphasized that the States parties to the Convention on
the Elimination of All Forms of Discrimination against Women already had the legal
responsibility to remedy any violations of the Convention. Some delegations stated that it
should be left to the States parties to determine the appropriateness of the remedial
measures. Others doubted that the Committee should have the power to order a State party
to take specific remedial measures.
73. Some delegations noted that the intention of the element would be that the State
party take the necessary steps to give effect to its obligations under the Convention,
that is, that action be taken by the State party at the national level. Several
delegations suggested that the element should be drafted in a way to suggest dialogue,
rather than judgement.
74. Several delegations identified a lack of clarity in the use of the term
"adequate reparation", including clarity as to who would make the determination.
Some proposed the deletion of this term. Information on the understanding of the term
"reparation" was provided based on a study conducted by an expert of the
Subcommission on Prevention of Discrimination and Protection of Minorities of the
Commission on Human Rights.
75. The following formulation was proposed: "... appropriate remedy,including, if
need be, adequate reparation". Reference was also made to paragraph 124 (d) of the
Platform for Action for possible language on rehabilitation.
76. Some delegations suggested that the period of time within which a State party would
inform the Committee about measures taken should be made specific.
A few months was suggested as appropriate.
77. Some delegations pointed out that the question of the justiciability of all
provisions of the Convention would have a bearing on the formulation of this provision.
Element 14
78. Several delegations expressed their support for the inclusion of an element on
follow-up, and for the intent and formulation of the element. That would be in accordance
with the practice of the Human Rights Committee and the European system.
79. In order to clarify that the element covered the implementation phase of the
Committee's views in a case, several delegations proposed the following formulation:
"... concerning implementation of such measures ...".
80. In welcoming the element, it was suggested that element 13 be cast along similar
lines. The need for ongoing dialogue between the Committee and the State party, and the
inclusion of relevant information in the framework of reporting, were welcomed by several
delegations.
Element 15
81. The Chairperson of the Committee on the Elimination of Discrimination against Women
informed the Working Group of an error contained in element 15 to the effect that it
should not refer to a "confidential" report. The element should thus read:
The Committee would, in its report, summarize the nature of communications received,
its examination of them, the replies and statements of the States parties concerned and
its views and recommendations.
82. On the basis of this clarification, several delegations supported the element. They
emphasized the need to publicize the availability of the procedure and the work of the
Committee, and to disseminate widely the views of the Committee in order to develop
jurisprudence on women's human rights. The inclusion of information about the work under
the optional protocol in the Committee's annual report would also be in line with the
practice of other treaty bodies, which included in their annual reports a summary of cases
after their conclusion and the Committee's findings.
83. Some delegations proposed that, instead of a summary of the nature of the
communication, the element should use the formulation of article 14.8 of the International
Convention on the Elimination of All Forms of Racial Discrimination: "The Committee
shall include in its annual report a summary of such communications and ...".
Element 16
84. Several delegations supported the establishment of a working group of the
Committee. This would be in line with the practice of the Human Rights Committee, and
would be an effective and efficient method for preparing the work of the Committee as a
whole. At the same time, several delegations pointed out that the term "its
responsibilities", used in the element, was inappropriate as the Committee would not
delegate any authority to the working group. A working group could simply have
responsibility for preparing or expediting the handling of communications for the
Committee as a whole. They emphasized that only the Committee as a whole could have the
power to adopt decisions, including decisions on the admissibility of communications.
Thus, the following formulation was proposed: "responsibilities for the preparation
of consideration of cases ...".
85. Some delegations, noting that the element covered simply a method of work of the
Committee, proposed that the provision should be dealt with in the Committee's rules of
procedure, instead of in the optional protocol.
86. Some delegations noted the need for further clarification of the nature, function,
role and power of a working group of the Committee. The different types and functions of
working groups established under human rights treaty bodies, and under Charter-based
procedures, were identified.
General comments on an inquiry procedure
87. Some delegations supported the inclusion of an inquiry procedure in an optional
protocol as a means of dealing with serious and systematic violations of women's human
rights. The existence of a similar procedure under the Convention against Torture, article
20, and at regional levels, was noted. The Working Group was informed, however, that this
procedure under the Convention against Torture had only been used once. Other delegations
expressed doubts about the need to have the inquiry procedure proposed in suggestion 7
included in the optional protocol. Some delegations suggested that alternatives for
achieving the intention behind an inquiry procedure should be explored fully. Some
delegations noted that any new instrument should enjoy the broad acceptance of States
parties.
88. Several delegations suggested that possibilities within the Convention on the
Elimination of All Forms of Discrimination against Women itself, which would apply to all
States parties, should be pursued, such as developing an inquiry procedure under the
Committee's existing mandate and rules of procedure. The establishment of an early warning
mechanism under the Committee on the Elimination of Racial Discrimination was cited as an
example.
Introduction of time-bound follow-up to the Committee's concluding comments on States
parties reports under article 18 was suggested. Other delegations recommended further
study of the possibilities for addressing serious and systematic violations in the
framework of reporting under article 18, including follow-up to the Committee's concluding
comments, and the request for in accordance with article 18.1 (b).
89. Some delegations proposed that element 7 be drafted to enable the Committee to deal
with situations of serious and systematic violations under a communications procedure.
Universal accession to existing instruments should be promoted. Other delegations
emphasized the need to strengthen existing procedures, including the communications
procedure of the Commission on the Status of Women and the 1503 procedure.
90. Some delegations raised the question of possible overlapping between an inquiry
procedure and existing mechanisms, especially with the communications procedure of the
Commission and the 1503 procedure. Others noted the differences in, and complementarity
of, these procedures in regard to the proposed inquiry procedure. They expressed concern
about the length of the process under the 1503 procedure, particularly for violations
which needed immediate action. The intergovernmental character of the Commission's
communications procedure and of the 1503 procedure on the one hand, and of the expert
character of the proposed inquiry procedure on the other, were noted. Other delegations
emphasized the need to mainstream women's human rights, because the human rights of women
were not the main focus of other human rights bodies. Some noted that Charter-based
procedures and other treaty-based procedures were based on different instruments, not on
the Convention on the Elimination of All Forms of Discrimination against Women.
Element 17
91. Regarding the formulation of element 17, several delegations noted that the
threshold for admissibility would need to be both serious and systematic violations, that
is, there would be a high threshold to initiate an inquiry. Some noted that an inquiry
procedure would enable the Committee to deal with patterns of widespread violations of
women's human rights and allow it to address a broader range of issues, including
structural causes of violations, than would be the case under the individual procedure.
Reliable information would be required to start the procedure. A few delegations expressed
concern at the optional nature of many aspects of the proposed inquiry procedure,
underlining the need for more active investigation into serious and systematic violations.
92. Some delegations stated that some provisions of the Convention might lend
themselves more to an inquiry procedure than to an individual complaints procedure. A more
comprehensive discussion of the merits of the inquiry procedure would thus depend on the
development of the communications procedure. Some delegations noted that the "serious
and systematic" criteria would need to apply both to alleged violations and to
alleged failures to comply. Other delegations found the "failure" category to be
redundant. The scope of element 17 would be considered too broad if it were to be applied
to all of the rights covered by the Convention.
Element 18
93. The question was raised as to what mechanisms would be available in case of
non-cooperation of a State party.
Element 19
94. The need for including a time-limit was raised.
Element 20
95. Some delegations noted that only the State party concerned would participate in the
inquiry, not "States parties". As to the intention of confidentiality in this
element, it was suggested that, contrary to the individual communications procedure, those
who submitted information leading to an inquiry procedure would not be involved in its
conduct, but that this would be limited to the Committee and the State party.
Element 21
96. Some delegations noted a lack of clarity in the meaning of the term
"satisfactory outcome". Some delegations raised the question as to the
Committee's attitude in case a State party would not provide the requested information.
Element 22
97. Some delegations raised the question whether the Committee, at the completion of
the process, would be empowered to publish its report even without the agreement of the
State party in the Committee's annual report. The practice of the Convention against
Torture was noted, which consulted the State party, but was not required to obtain
agreement from the State party.
Element 23
98. The requirement that a State party undertake to assist the Committee was considered
redundant as such cooperation was expected to result from ratification.
Element 24
99. Several delegations emphasized the need to publicize widely the optional protocol,
and the following additions, or alternative formulations, were proposed: "... making
the provision of the optional protocol widely known in their countries", or "the
communication and inquiry procedure should be made public as widely as possible".
While the role and participation of United Nations bodies and agencies in such efforts
were stressed, some delegations were of the opinion that this should be addressed in a
resolution rather than in the optional protocol itself.
Element 26
100. With reference to a recent amendment to the Convention regarding the Committee's
meeting time, it was suggested that that matter should be left to the Committee to decide
in its rules of procedure. Other delegations inquired whether there might be a need for
additional annual sessions and sought clarification on the amount of time that might be
necessary for the Committee to discharge its duties under an optional protocol. Regarding
possible sources of funding for the Committee's work under an optional protocol, the
question was raised whether it would be funded from the regular budget of the United
Nations, or by the States parties to the Convention, or by the State parties to the
optional protocol. It was noted that all human rights treaty bodies were funded from the
regular budget of the United Nations.
101. Several delegations noted a lack of clarity regarding the scope of the
"expert legal advice", referred to in the element. Questions were also raised
regarding the composition of the Committee, in particular concerning the need for greater
legal expertise to be included in its membership. It was noted that, upon the adoption of
the optional protocol, States parties would need to review such expertise when electing
members of the Committee. While the Secretariat would be expected to support the work of
the Committee, the expertise would also be needed in the Committee itself.
Element 27
102. Several delegations suggested that it might be necessary to specify the number of
ratifications that would be required for the optional protocol to enter into force. While
it was proposed that it could enter into force after five instruments of ratification had
been deposited, other delegations suggested that the intention should be to have as many
States parties as possible ratify the optional protocol upon adoption. Other delegations
also considered that it was necessary to encourage as many ratifications as possible and
suggested that a higher threshold for entry into force might facilitate this.
Element 28
103. While some delegations proposed that ratifying States parties should be required
to accept both procedures covered in an optional protocol, others suggested that, similar
to article 28 of the Convention against Torture, States parties should have the
opportunity to "opt out" of one of the two procedures. It was suggested that any
"opt out" provisions applied only to the inquiry, and not to the communications
procedure. It was recommended that, even if the possibility existed, ratification of the
optional protocol ought to be without reservations as it dealt with procedural matters;
others stated that reservations might be needed to achieve a large number of
ratifications, but that reservations incompatible with the object and purpose of the
optional protocol should not be allowed, in accordance with established principles of
international law. It was noted that the first Optional Protocol did not contain a
no-reservations clause. Delegations also referred to the discussion on reservations held
under element 5.
C. Discussion on justiciability
104. In addition to its consideration during the general exchange of views and of the
elements contained in suggestion 7, the Working Group held a further discussion on the
question of justiciability. Statements were heard by two members of the Human Rights
Committee on this matter, followed by an exchange of views with the Working Group.
105. Some delegations argued that all the provisions of the Convention should be
covered by an optional protocol, and that the question of justiciability should not be an
obstacle to its preparation. While noting different degrees of specificity, in the
Convention, of rights and of States parties' obligations to grant rights, undertake
activities and take appropriate measures, they pointed to the legal character of the
treaty, which needed to be executed in good faith by States parties. They argued that it
should be left to the treaty body to determine in each case, and in a reasonable way,
whether a provision was justiciable or not, and whether a State party had fulfilled its
treaty obligations. Those delegations considered that the objective of the Convention,
namely equality of women and men in the enjoyment of rights and the elimination of
discrimination, and the purpose of an optional protocol, namely to make the Convention
more effective, would make it possible for the supervisory body, on the basis of concrete
cases, to determine State party compliance. While noting a State party's margin of
discretion in implementing its obligations and determining measures to be taken, it was
also pointed out that a State party's actions in implementing its treaty obligations were
subject to meaningful scrutiny by a treaty body. The important role of the optional
protocol as a means of recourse for women, and to strengthen enforcement of women's
rights, was stressed.
106. Some delegations noted that the classical distinction into civil and political
rights as justiciable, and economic, social and cultural rights as non-justiciable could,
in the light of practice, case law and academic writings, no longer be maintained.
Elements from both could be found in either category. Empowering the Committee to
determine justiciability on a case-by-case basis would also enable the further development
of case law on the question of justiciability of human rights provisions. It might also
stimulate States parties to create effective national remedies and recourse mechanisms for
women. 107. While recognizing the potential for difficulties in determining justiciability
of some provisions under an individual communications procedure, a number of delegations
cautioned against a categorization of treaty provisions into justiciable and
non-justiciable. They noted that that would seriously impair the integrity and unity of
the Convention and establish a hierarchy of more and less important rights. The right to
equality and non-discrimination had in itself been accepted as justiciable by existing
human rights mechanisms, including the International Covenant on Civil and Political
Rights and Optional Protocol and the International Convention on the Elimination of All
Forms of Racial Discrimination. Regional mechanisms, such as the European Convention, the
Inter-American Convention and the African Charter, contained different types of rights,
offered individual communications and/or inquiry procedures, but did not distinguish
between justiciable and non-justiciable rights.
108. Other delegations expressed their doubts about the inclusion of all the provisions
of the Convention under an individual communications procedure. While they agreed that
certain rights were quite specific and would thus lend themselves to such complaints,
others were of a general nature where the basis for individual recourse would be difficult
to determine given the State party's margin of appreciation with regard to measures to be
taken. Articles 3, 5 and aspects of 10 were mentioned as examples where difficulties in
implementing an individual right to petition would potentially arise. The comparison with
the national level, where civil and political rights were justiciable, was made.
109. In that regard, some delegations were of the view that any decision on
justiciability should not be left to the Committee on a case-by-case basis, but should be
settled among member States. Differences between various legal systems in determining
exhaustion of domestic remedies and of standing would also need to be addressed. The
question of determining the exhaustion of domestic remedies with regard to programmatic
provisions of the Convention was raised, including the assessment of exhaustion of
non-judicial remedies. The impact on third parties, that is, on private individuals, of
provisions of the Convention would also need to be addressed.
110. Rather than categorizing the provisions as justiciable and non-justiciable, it was
suggested that the purpose of the optional protocol needed to be further reviewed and its
applicability determined. An admissibility criterion could be the reliable evidence of a
consistent pattern of gross violations of the rights guaranteed in the Convention, along
the lines of the 1503 procedure. It was also suggested that a solution could be sought
through the determination of the Committee's mandate, power, and the type of
recommendations it could pronounce at the end of a communication procedure. In that
regard, it was proposed that those would be of a recommendatory, non-binding nature,
allowing the State party ultimately to reach a conclusion different from the Committee's.
While under the more specific provisions, the Committee's views could be very specific, in
others, the process would be more in the form of a dialogue between the Committee and the
State party.
111. Some delegations, noting the quasi-judicial nature of an optional protocol,
pointed out the need for Committee members to have legal expertise. Other delegations,
taking into account the composition of the Committee on the Elimination of Racial
Discrimination, stressed the usefulness of having Committee members who were not lawyers,
so that the combination of legal and non-legal expertise could result in just and fair
decisions.
General points
112. The addition of an element to cover the Committee's rules of procedure under the
optional protocol was proposed.
113. It was noted that a number of elements proposed for inclusion in the optional
protocol reflected the current practice of human rights bodies. Doubts were expressed
about whether they needed to be included in an optional protocol, or should be left to the
Committee to elaborate upon in its rules of procedure. The development of a rigid
instrument should be avoided.
Appendix
SUMMARY OF PRESENTATIONS BY, AND EXCHANGE OF VIEWS WITH, EXPERTS OF THE HUMAN
RIGHTS COMMITTEE ACTING IN THEIR INDIVIDUAL CAPACITY
1. Mr. Rajsoomer Lallah noted that, while the International Covenant on Civil
and Political Rights did not cover all the provisions contained in the Convention on the
Elimination of All Forms of Discrimination against Women, articles 2 and 3 of the Covenant
dealt with equality and non-discrimination in the enjoyment of the rights recognized in
the Covenant, and article 26 dealt with equality before the law and equal protection of
the law. There were currently 87 States parties to the first Optional Protocol.
2. Mr. Lallah reviewed the two stages of the consideration of a communication,
namely the determination of admissibility and the procedure on the merits of a case. In
referring to specific provisions contained in the first Optional Protocol, he pointed to
their progressive development through the Committee's practice, including matters such as
the exhaustion of domestic remedies, the question of standing, interim measures and the
follow-up to decisions taken on the merits of a case. He discussed the written nature of
the procedure and admissible sources of information, the lack of any investigative power
of the Committee, and the treaty obligation of States parties to remedy violations,
notwithstanding the absence of mandatory power in the Committee's views. He reviewed
selected cases that the Human Rights Committee had dealt with under article 26, noting
that the Committee had found that article 26 established a basic right to equality before
the law, which was not restricted to the rights under the International Covenant on Civil
and Political Rights. While conflicts in adjudication between different procedures could
be avoided through the establishment of admissibility criteria, some overlapping might,
however, not be wholly undesirable.
3. Ms. Cecilia Medina Quiroga and Mr. Fausto Pocar, speaking on the question of
justiciability, noted that the Committee on the Elimination of Discrimination against
Women could, under an optional protocol to the Convention on the Elimination of All Forms
of Discrimination against Women, build on the jurisprudence already developed by the Human
Rights Committee. They agreed that, as the Convention itself was based on the principles
of non- discrimination and equality, all its other provisions could be linked back to
these principles. As the non-discrimination provision was recognized as justiciable and
subject to meaningful scrutiny by treaty bodies, they considered all the provisions of the
Convention to be justiciable. They agreed that some of the Convention's provisions,
including the requirement that States parties take appropriate measures, might lead to
certain difficulties in assessing compliance. They stressed that a decision on the
justiciability of a provision should be left to the Committee, taking into consideration a
State party's obligations to implement its treaty obligations in good faith, and in a
reasonable way. Both experts strongly cautioned against any a priori classification of
rights into justiciable and non- justiciable.
4. Furthermore, it was pointed out that no clear line could be drawn between
justiciable and non-justiciable provisions. As shown by the examples of a number of
articles in the International Covenant on Civil and Political Rights, justiciability of a
treaty provision was also a question of degree. A number of the Covenant's provisions
required a State party not only to respect a right, but to take measures to ensure its
enjoyment. The sufficiency of such measures was assessed by the treaty body against the
standards set out in the treaty.
5. The availability of domestic remedies, including non-judicial remedies, was
seen as essential and their sufficiency would be subject to review by a treaty body. This
was especially so with regard to the right to non- discrimination. It was stressed that
the Convention granted rights to women, even if its provisions were formulated as States
parties' obligations. The views expressed by the Human Rights Committee had the force of
recommendations. Noting the question of overlapping between procedures, the experts
pointed to the unique emphasis that the Convention on the Elimination of All Forms of
Discrimination against Women was placing on women within the human rights system. With
regard to reservations, an expert noted that in principle, these were permissible under
the first Optional Protocol. The introduction of reservations to the International
Covenant on Civil and Political Rights through the Protocol was, however, not permissible.
Furthermore, while the Human Rights Committee was prevented from considering reserved
articles under the Protocol, that Committee had the competence to determine whether a
reservation was compatible with the Covenant and, consequently, the admissibility of a
communication.
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