*************************************************************************** The electronic version of this document has been prepared at the Fourth World Conference on Women by the United Nations Development Programme (UNDP) in collaboration with the United Nations Fourth World Conference on Women Secretariat. *************************************************************************** AS WRITTEN STATEMENT BY THE HIGH COMMISSIONER FOR HUMAN RIGHTS, MR. JOSE AYALA-LASSO AT THE PLENARY OF THE FOURTH WORLD CONFERENCE ON WOMEN Beijing, 4-15 September 1995 It is a great honour and pleasure for me to have the opportunity to address the Fourth World Conference on Women. May I first of all thank the Chinese Government and people for their kind hospitality in organizing this very important Conference, which marks a new phase in the struggle for achievement of the equal rights of women. As the High Commissioner for Human Rights, I have been entrusted with special responsibility for United Nations activities in the field of human rights and for promoting and protecting the effective enjoyment by all of civil, political, economic, social and cultural rights, including the right to development, and the strengthening of the United Nations human rights system. Within the United Nations the struggle for women's equality began when Eleanor Roosevelt, at the first General Assembly, launched a historic appeal to all women and requested Governments to end all forms of discrimination against women and to amend their constitutions in order to grant women their full and equal rights. Almost fifty years later, the struggle is far from won. Ten years ago, the international community met in Nairobi and adopted the Nairobi Forward Looking Strategies on the Advancement of Women. Subsequently, in 1993, in Vienna, the international community adopted by consensus the Vienna Declaration and Programme of Action which was a land-mark in the history of the human rights of women. We are gathered here today to move forward and cement the achievements of Nairobi and Vienna. In the Vienna Declaration and Programme of Action,- whose implementation is also an important aspect of my mandate - the international community reaffirmed that all human rights are universal, indivisible, interdependent and interrelated and that the human rights of women and the girl child are an inalienable, integral and indivisible part of universal human rights. It proclaimed that the full and equal participation of women in political, civil, economic, social and cultural life at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community. The Declaration also underlines the importance of the integration and full participation of woman as both agents and beneficiaries in the development process. It is the responsibility of all of us gathered here today to move forward and to bring the principles agreed upon at Vienna closer to reality. As the Secretary-General of the Conference, Mrs. Gertrude Mongella, has noted, this Conference is not about further analysis but a deeper level of action to hasten the removal of the remaining obstacles to women's full and equal participation in all spheres of life, to protect women's rights and to integrate women's concerns into all aspects of sustainable development. The impact of the outcome of the Fourth World Conference on Women will be positively influenced by the adherence of the final text to established international human rights standards. We must recognize the need to maintain consistency with the high quality of existing standards in the elaboration of the new international instruments. The Vienna Declaration and Programme of Action is a point of departure in that respect. I have submitted to this meeting, in the form of a document, my comments from the point of view of human rights on the Draft Platform for Action, with the specific concern to ensure that existing United Nations standards are respected. We must be constantly vigilant to uphold the principles and precepts of the Vienna Declaration and other relevant human rights instruments, and strive to advance them and bring them to fruition for women here in Beijing. Participants may wish to consider including a general clause in the Draft Platform for Action that nothing in the Draft Platform shall affect any- 3 provisions which are more conducive to the realization of the human rights of women and the girl child and which may be contained in either the law of the State concerned or in international law in force for that State. What are the principal achievements of Vienna which are of fundamental importance to the Conference ? To my mind, Part I, paragraph 5 of the Vienna Declaration and Programme of Action which states n all human rights are universal, indivisible and interdependent and interrelated" is of seminal importance to the human rights of women. Any language which could be interpreted to indicate that cultural, religious or other particularities should have priority consideration over human rights, would not respect the Judicious balance achieved in Vienna in 1993. Similarly, Vienna utilized the phrase “Enjoyment of all human rights” instead of the term “international human rights”. This practice should be continued since the term n international human rights" might be construed as limiting the human rights of women. Human rights involves a clear acceptance of the principles of equality and non-discrimination. References to the "dignity of women" in the draft text, cannot be a substitute for the concept of "the dignity and worth of the human person and the equal rights of men and women" enshrined in the Preamble of the Universal Declaration. I also believe that the language of the Vienna Declaration on the need to take effective measures against female infanticide, trafficking in women, child labour, sale of children and organs, child prostitution and child pornography should be inserted in the Draft Platform of Action in order to safeguard the rights of the girl child. Finally, the Vienna Declaration clearly placed violence against women in the context of human rights violations. The failure of the international community to protect and promote the human rights and fundamental freedoms of women has contributed to gender-based violence and violations of human rights, such as sex slavery, prostitution, pornography and trafficking in women and girls, and to other forms of sexual violence including rape and genital mutilation. The recent establishment of the Special Rapporteur of the Commission on Human Rights on Violence against Women represents a significant step forward in addressing these evils. The elimination of violence against women and girls is one of the most urgent tasks falling within the broad mandate entrusted to me. The issue of violence against women is a challenge to the traditional understanding of human rights, as well as practices of national and international legal systems. As recommended by the Vienna Declaration and Programme of Action and the United Nations Declaration on the Elimination of Violence against women, concrete steps must be taken to eliminate violence against women both in the public and private spheres since, as the Draft Platform for Action clearly states, "violence against women both violates and impairs or nullifies the Enjoyment by women of their universal human rights and fundamental freedoms". The integration of the human rights of women into the mainstream of the United Nations system-wide activities is a major issue for the present Conference. Principal human rights treaties, such as the two Human Rights Covenants and the Convention on the Rights of the Child, prohibit discrimination on the basis of gender and call for equality. The Convention on the Elimination of All Forms of Discrimination against Women - which is the main international human rights instrument relating to women - provides most specifically how these principles should be reflected in national laws and policies. It is of the greatest importance that these instruments should be ratified world-wide and that their provisions be effectively implemented. Allow me to take this opportunity to reiterate therefore the appeal to all States already made in the Vienna Declaration and Programme Of Action calling for universal ratification of the major- 5 international human rights instruments - in particular of the Convention on the Elimination of All Forms of Discrimination against Women by the year 2000 and the Convention on the rights of the Child before the end of the current year. May I also recall that one instrument that contains specific provisions for the protection of a particularly vulnerable group of women - I am referring to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families - which was adopted by the General Assembly in 1990, has not yet entered into force. I would like to urge States to adhere to this Convention. Human rights treaty bodies have an important role to play in monitoring the equal status and human rights of women. They are a unique mechanism of international control of compliance at the national level. States report to those bodies in line with their treaty obligations and they do so on a regular basis, in a non-political fashion. The important role of the treaty system was strongly reaffirmed in the Vienna Declaration and Programme of Action. Since the Vienna Conference, the treaty bodies have increasingly focused on gender issues in their deliberations with States' representatives and in their ensuing recommendations, with a view to promoting and protecting the human rights of women more fully. Problems such as violence against women or the situation of the girl child have been given particularly careful attention. The question of how best to incorporate fully the gender perspectives into the work of the treaty monitoring bodies and to strengthen coordination of the work of all treaty bodies including the Committee on the Elimination of Discrimination against Women in respect of the equal status and human rights of women as well as for the effective integration into the overall human rights regime of those rights will be at the center of the next meeting of chairpersons, which is scheduled to begin on 18 September - immediately following this Conference. Since the adoption of the Vienna Declaration and Programme of Action, increased efforts have been deployed to integrate the equal status and human rights of women in the mainstream of United Nations human rights activities. The Commission on Human Rights has given priority in its annual agenda to issues of main concern to the human rights of women and girl children and I have systematically called for more concerted efforts from human rights bodies and mechanisms for the promotion and protection of women's human rights. Measures have also been undertaken within the Centre for Human Rights to integrate the status of women and human rights of women into its overall activities, taking also into account the recommendations of the Commission on the Status of Women as well as recommendations of international conferences held respectively in Rio, Vienna, Cairo and Copenhagen, which gave a prominent place to issues of gender equality in the framework of human rights. Thus, action has been taken by the Centre to carry out a systematic evaluation and assessment of all activities, including reports and studies prepared for consideration by human rights bodies and mechanisms, with a view to mainstreaming gender-perspectives. All human rights bodies and entities have now agreed to place women's human rights on the list of issues they take up when monitoring compliance by States with their treaty obligations and to formulate concrete recommendations to eliminate gender-based violations of human rights. And, the Centre for Human Rights and the United Nations Development Fund for Women have recently organized an expert group meeting on the development of guidelines for the integration of gender perspectives into United Nations human rights activities and programmes. The Centre also intends to place increased emphasis on training programmes and technical assistance for the promotion and protection of the human rights of women and is developing a cooperative network with United Nations agencies, Member States and NGOs with a view to publishing data and information on violence against women and violations of women's rights. Lastly, the Centre is planning to organize during the United Nations Decade on Human Rights Education, educational programmes and campaigns around the theme that the violation of women's rights is a violation of human rights. Allow me to say a few words about the situation of indigenous women. Indigenous women are vital transmitters of culture, knowledge and spiritual values to future generations. In many communities, indigenous women play a role both in a direct economic sense and as a binding force. I am pleased also to note that the Draft Platform for Action of the Fourth World Conference on Women made extensive reference to indigenous women. The rights of indigenous women, like other indigenous people, are now addressed in the draft United Nations declaration on the rights of indigenous peoples adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities. In my capacity as High Commissioner, I express my commitment to indigenous women. In light of the proclamation of the International Decade of the World's Indigenous People (1994-2004), it is my intention to encourage Governments and the United Nations system to develop programmes specifically addressing the concerns of indigenous women. Integrating women into the development process is another important goal which involves radical change in existing social, economic, and political patterns and practices. In particular, women must be given greater access to education- 8 and health care and must be ensured greater participation in economic and political life. Finally, I would like to underline the importance of national and regional non-governmental organizations in the achievement of greater equality and progress. In my open letter to the NGO community, addressed to the Secretary-General of the NGO Forum on Women, I pledged as High Commissioner to work unceasingly for the advancement of the human rights of women. The gathering, in extraordinary and unprecedented numbers, of women's NGOs in Huairou is clearly a critically important contribution to the world wide movement for human rights, including human centred and sustainable development. The monitoring role of national institutions is particularly important to ensure that commitments to overcome legal discrimination and to adopt specific policy-making measures to restructure social and institutional norms incorporated ideally in a national plan of action - are translated into real achievements. Concluding remarks I would like to express my personal commitment, and I pledge, to work towards the goals of Vienna and Beijing for the promotion and protection of all human rights of women. You can be assured that I will personally review all your recommendations and do all that is in my power to translate them into reality for every woman in the globe. I will also try to intensify our activities to more fully integrate gender perspectives throughout the United Nations human rights system.