Experts at ICJ webinar say Indonesia needs to do more to combat discrimination against women

Experts at ICJ webinar say Indonesia needs to do more to combat discrimination against women

The ICJ, together with the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the National Commission on Violence Against Women (Komnas Perempuan) in Indonesia, held a webinar on 6 April to consider ways to combat discrimination and violence faced by Indonesian women.

In particular, participants identified advocacy strategies towards strengthening Indonesia’s compliance with its international legal obligations under the UN Convention on the Elimination of all forms of Discrimination against Women (CEDAW).

The webinar was broadcast live on Facebook and showcased the Bahasa Indonesia version of CEDAW video and attended by more than 50 women human rights defenders.  The participants discussed the adequacy of measures taken by the Indonesian government to implement recommendations issued by the Committee on the Elimination of Discrimination against Women (CEDAW Committee) after it had reviewed Indonesia’s report in 2012. These recommendations included a call to repeal discriminatory by-laws adopted at the provincial level that restrict women’s rights in Aceh province and elsewhere; the adoption of  measures taken to ensure that the draft or proposed amendments to the Criminal Code Bill and other bills do not contain provisions that discriminate against women; the need to address gender based violence and sexual violence against women including indigenous women; and the protection of women human rights defenders.

Devi Anggraini, Chairperson of Association of Indigenous Women of the Archipelago (Perempuan Aman) said although Indonesia had ratified CEDAW through Law No. 7 year 1984 to protect the individual rights of Indonesian women, policies had yet to effectively protect the collective rights of indigenous women. She shared her concerns regarding discrimination against Indigenous women in the context of large-scale development projects, exploitation of natural resources, deforestation, and expansion of agriculture, as well as their access to land and resources.

“The Indonesian government does not seek ‘free, prior, and informed consent’ by the affected indigenous people, especially indigenous women and this has caused 87.8% of indigenous women to lose control of their traditional lands,” said Devi.

Dian Novita, Coordinator of Policy Advocacy Division from Legal aid for Women and Children (LBH APIK Jakarta) raised concern about discriminatory draft laws and provincial laws.

“LBH APIK assists many cases of women who are victims of gender-based violence in which their videos containing private sexual conducts were distributed online. However, they were criminalized under the pornography law and Electronic Information’s and Transactions (EIT) Law. We are currently trying to pursue judicial review of the ETI Law from women’s perspective”, said Dian.

Andy Yentriyani, Head of Komnas Perempuan said that despite existing challenges and new obstacles, there had been some progress in responding to the Recommendations of the CEDAW Committee from the previous cycle, such as the enactment of Supreme Court Regulation no.3 year 2017 on guidance for judges in adjudicating cases involving women and similar gender sensitive regulation released by the Attorney General’s Office and the Police. “It is now our duty to monitor that these policies and training are effectively implemented. For example, we gained extraordinary support from the civil society during the campaign urging the Government to adopt the Sexual Violence Bill and this expanded participatory space for constructive dialogue for public to understand more about State responsibilities to protect and promote the fundamental rights of women.”

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Contact

Ruth Panjaitan, Legal Adviser for Indonesia, e: ruthstephani.panjaitan(a)icj.org

 

 

 

Eswatini: women still face obstacles to enjoy their rights

Eswatini: women still face obstacles to enjoy their rights

Dialogue between Swazi Women Human Rights Defenders and CEDAW Committee Members highlights the obstacles faced by local women in the enjoyment of their human rights.

 On 14 December 2020, the ICJ and the Southern Africa Human Rights Defenders Network (SAHRDN) facilitated a fruitful dialogue between Swazi Women Human Rights Defenders (WHRD) and members of the UN Committee on the Elimination of Discrimination against Women (the CEDAW Committee) on the key human rights concerns facing Swazi women and possible advocacy strategies to address them.

The CEDAW Committee monitors State parties’ compliance with and implementation of their human rights obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women (the Convention), by which Eswatini is bound.

In light of the Eswatini government’s failure to submit a report to the CEDAW Committee, as required under the Convention, more than 20 Swazi WHRDs’ organizations had a preparatory meeting on 8 December to discuss and prioritize the human rights concerns they wished to bring to the CEDAW Committee members’ attention.

They hoped that, by coming together and agreeing on these issues, they may raise awareness and put pressure on the Eswatini government to comply with its obligations under the Convention, including by promptly submitting the country’s overdue report.

In the wake of this preparatory meeting, on 14 December Swazi WHRDs briefed the CEDAW Committee members about the most critical human rights violations faced by women in Eswatini. This meeting was broadcasted live on Facebook.

The dialogue focused on the Eswatini authorities’ failure to implement their human rights obligations under the Convention, including the previous Concluding Observations of the CEDAW Committee.

High rates of teenage pregnancy, women’s inadequate access to education, healthcare and adequate housing, and ways in which customary and religious laws are used to justify discrimination against them were among the key human rights concerns affecting women discussed during the dialogue.

Watch the animation on CEDAW

Indonesia: ICJ addresses open letter to COVID-19 Mitigation Task Force calling for special measures to protect women workers in its pandemic response

Indonesia: ICJ addresses open letter to COVID-19 Mitigation Task Force calling for special measures to protect women workers in its pandemic response

In an open letter, the ICJ today called on Indonesia’s COVID-19 Mitigation Task Force to provide detailed guidance to the Government of Indonesia, in taking actionable steps to implement gender responsive measures in the country.

Since the beginning of the outbreak of the pandemic, the mortality rate of Indonesia is reportedly among the highest in the world.

In addressing the pandemic, the Government has established regulations and repeatedly advised people to restrict social gatherings and stay at home. These measures have a particularly disparate impact on Indonesian women, exacerbating the pre-existing gender inequalities in Indonesia.

The ICJ has previously highlighted the challenges faced by women in its report  “Living Like People who die slowly.” Similar concerns has been expressed by the UN Committee on Economic, Social, and Cultural Rights.

The ICJ called the task force to take proactive and special measures to protect women workers in its COVID-19 response, in line with the recommendations of the UN Committee on the Elimination of Discrimination against Women’s Guidance Note on COVID-19.

Specifically, the ICJ has recommended that it promote government responses to:

  1. Ensure that women receive basic needs support
  2. Provide more working opportunities for women to work from home
  3. Provide online counseling or mental health support for women workers

The ICJ considers that the failure to recognize the gender dynamics affecting women workers, particularly public health emergencies, limits the effectiveness of the overall Government’s response efforts and impedes the full realization of women’s human rights in Indonesia.

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ICJ closes 16-Day campaign against gender-based violence

ICJ closes 16-Day campaign against gender-based violence

ICJ’s 16 Days of Activism Against Gender-Based Violence underscores the need for justice systems to be more responsive.

The campaign commenced on 25 November, International Day for the Elimination of Violence against Women, and ended today on Human Rights Day. The campaign presented “an impact story” poster series, Facebook live interviews and opinion pieces on gender-based violence in Africa, Asia, Latin America, Middle East and North Africa.

The campaign underscored that harmful traditional norms and gender stereotypes provide the backdrop for the systematic and widespread abuse of women and girls’ human rights across the globe; it also emphasized the need to maintain essential services for survivors of gender-based violence (GBV) during COVID-19 lockdowns, including ensuring a continuum of adequate criminal justice response.

“Violence against women and girls around the world has increased in this global pandemic. Governments have a duty to ensure that their response to Covid-19 includes preventing such violence. For instance, all hotline services for reporting domestic violence must remain open during lockdowns and be considered part of essential services. The police must likewise be ready to act speedily if required. They must be made aware that women and girls are especially vulnerable at this time,” said ICJ Commissioner Ambiga Sreenevasan from Malaysia.

Throughout the campaign, the ICJ also underscored the ongoing need to support civil society organizations’ and women human rights defenders’ response to GBV, as well as the need to strengthen the judiciary’s capability to respond to GBV by enhancing its reliance on international human rights law and standards.

“The authorities have turned a blind eye to gender-based violence for far too long and it is time to prioritize combatting the phenomenon effectively, including through legislative reform and awareness raising,” said ICJ Commissioner Marwan Tashani from Libya.

Poster Series

Imrana Jalal (ICJ Commissioner, Fiji)

Mikiko Otani (ICJ Commissioner, Japan)

Ambiga Sreenevasan (ICJ Commissioner, Malaysia)

Marwan Tashani (ICJ Commissioner, Libya)

Kaajal Ramjathan-Keogh (ICJ Africa Regional Programme Director)

Saïd Benarbia (ICJ MENA Programme Director)

Carolina Villadiego Burbano (ICJ Legal and Policy Adviser, Latin America)

Sexual Violence & Criminal Law in Zimbabwe

Amy Alabado Avellano (Family Court Judge, Philippines)

Savithri Wijesekera (Executive Director of Women In Need, Sri Lanka)

Nahla Haidar (ICJ Commissioner, Lebanon)

Saman Zia-Zarifi (ICJ Secretary General)

Tshabalala v S (South African Constitutional Court judgment on the doctrine of common purpose applied to rape)

Infographic

The Case for Reform: Criminal Law and Sexual Violence in Zimbabwe

 Facebook Live Interviews

The Case for Reform: Criminal Law and Sexual Violence in Zimbabwe with Elizabeth Mangenje (ICJ Legal Adviser, Africa Regional Programme)

The State of GBV in the Middle East and North Africa Region with Nahla Haidar El Addal (ICJ Commissioner, Lebanon)

Women’s Access to Justice – What does justice mean for women in the context of COVID-19? (Joint initiative of ICJ, UN Women, and OHCHR)

Women’s Access to Justice – What does justice mean for women prisoners? (Joint initiative of ICJ, UN Women, and OHCHR)

Op-eds

Mujeres, justicia y pandemia, by Carolina Villadiego Burbano

Yet another treaty aims to protect African women. But how will it be enforced? by Nokukhanya Farisè and Tanveer Rashid Jeewa

Turkey: Violence against women in the context of Istanbul Convention

Turkey: Violence against women in the context of Istanbul Convention

The International Commission of Jurists and the Human Rights Joint Platform (IHOP) invite you to a Zoom workshop where Turkish and international experts will discuss the plight of violence against women in Turkey in light of the Council of Europe’s Istanbul Convention.

To participate, please register by writing an email to ihop@ihop.org.tr (the Human Rights Joint Platform).

Join our great panel of speakers:

– Dame Silvia Cartwright, ICJ Commissioner, former Governor-General and High Court judge of New Zealand, former CEDAW member
– Prof. Dr. Feride Acar, former Member of CEDAW, former Chair of GREVIO
– Zuzanna Warso, Lawyer, Helsinki Foundation for Human Rights of Poland
– Hülya Gülbahar, Women rights activist, Lawyer
– Nebahat Akkoç, Chair of KAMER Foundation
– Yasemin ÖZ, Lawyer, Kaos GL
– Feray Salman, General Coordinator of the Human Rights Joint Platform (IHOP)
– Massimo Frigo, ICJ Senior Legal Adviser

IHOPICJ-ZoomConference-WomenAccess2Justice-Agenda-2020-ENG (download the agenda in English)

IHOPICJ-ZoomConference-WomenAccess2Justice-Agenda-2020-TUR (download the agenda in Turkish)

The event is part of the REACT project: implemented jointly by ICJ and IHOP, this project seeks to support the role of civil society actors in turkey in ensuring effective access to justice for the protection of human rights. This project is funded by the European Union. The views expressed in the event do not necessarily reflect the opinion of the EU.

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