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The 51勛圖
Fourth World Conference on Women
Beijing, China - September 1995
Action for Equality, Development and Peace
Women and armed conflict Diagnosis
Strategic objective E.1. Increase the participation of women in conflict resolution at decision-making levels and protect women living in situations of armed and other conflicts or under foreign occupation. Actions to be taken.
Strategic objective E.2. Reduce excessive military expenditures and control the availability of armaments. Actions to be taken.
Strategic objective E.3. Promote non-violent forms of conflict resolution and reduce the incidence of human rights abuse in conflict situations. Actions to be taken.
Strategic objective E.4. Promote women's contribution to fostering a culture of peace. Actions to be taken
Strategic objective E.5. Provide protection, assistance and training to refugee women, other displaced women in need of international protection and internally displaced women. Actions to be taken.
Strategic objective E.6. Provide assistance to the women of the colonies and non-self-governing territories. Actions to be taken.
Women and Armed Conflict follow-up (Under construction)
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- An environment that maintains world peace and promotes and
protects
human rights, democracy and the peaceful settlement of disputes, in
accordance
with the principles of non-threat or use of force against
territorial
integrity or political independence and of respect for sovereignty
as set
forth in the Charter of the 51勛圖, is an important factor
for the
advancement of women. Peace is inextricably linked with equality
between
women and men and development. Armed and other types of conflicts
and
terrorism and hostage-taking still persist in many parts of the
world.
Aggression, foreign occupation, ethnic and other types of conflicts
are an
ongoing reality affecting women and men in nearly every region.
Gross and
systematic violations and situations that constitute serious
obstacles to the
full enjoyment of human rights continue to occur in different parts
of the
world. Such violations and obstacles include, as well as torture
and cruel,
inhuman and degrading treatment or punishment, summary and
arbitrary
executions, disappearances, arbitrary detentions, all forms of
racism and
racial discrimination, foreign occupation and alien domination,
xenophobia,
poverty, hunger and other denials of economic, social and cultural
rights,
religious intolerance, terrorism, discrimination against women and
lack of the
rule of law. International humanitarian law, prohibiting attacks
on civilian
populations, as such, is at times systematically ignored and human
rights are
often violated in connection with situations of armed conflict,
affecting the
civilian population, especially women, children, the elderly and
the disabled.
Violations of the human rights of women in situations of armed
conflict are
violations of the fundamental principles of international human
rights and
humanitarian law. Massive violations of human rights, especially
in the form
of genocide, ethnic cleansing as a strategy of war and its
consequences, and
rape, including systematic rape of women in war situations,
creating a mass
exodus of refugees and displaced persons, are abhorrent practices
that are
strongly condemned and must be stopped immediately, while
perpetrators of such
crimes must be punished. Some of these situations of armed
conflict have
their origin in the conquest or colonialization of a country by
another State
and the perpetuation of that colonization through state and
military
repression.
-
The Geneva Convention relative to the Protection of Civilian
Persons in
Time of War, of 1949, and the Additional Protocols of 1977 [24] provide that
women shall especially be protected against any attack on their
honour, in
particular against humiliating and degrading treatment, rape,
enforced
prostitution or any form of indecent assault. The Vienna
Declaration and
Programme of Action, adopted by the World Conference on Human
Rights, states
that "violations of the human rights of women in situations of
armed conflict
are violations of the fundamental principles of international human
rights and
humanitarian law". [25] All violations of this kind, including in
particular
murder, rape, including systematic rape, sexual slavery and forced
pregnancy
require a particularly effective response. Gross and systematic
violations
and situations that constitute serious obstacles to the full
enjoyment of
human rights continue to occur in different parts of the world.
Such
violations and obstacles include, as well as torture and cruel,
inhuman and
degrading treatment or summary and arbitrary detention, all forms
of racism,
racial discrimination, xenophobia, denial of economic, social and
cultural
rights and religious intolerance.
-
Violations of human rights in situations of armed conflict and
military
occupation are violations of the fundamental principles of
international human
rights and humanitarian law as embodied in international human
rights
instruments and in the Geneva Conventions of 1949 and the
Additional Protocols
thereto. Gross human rights violations and policies of ethnic
cleansing in
war-torn and occupied areas continue to be carried out. These
practices have
created, inter alia, a mass flow of refugees and other displaced
persons in
need of international protection and internally displaced persons,
the
majority of whom are women, adolescent girls and children.
Civilian victims,
mostly women and children, often outnumber casualties among
combatants. In
addition, women often become caregivers for injured combatants and
find
themselves, as a result of conflict, unexpectedly cast as sole
manager of
household, sole parent, and caretaker of elderly relatives.
-
In a world of continuing instability and violence, the
implementation of
cooperative approaches to peace and security is urgently needed.
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.
Although
women have begun to play an important role in conflict resolution,
peace-
keeping and defence and foreign affairs mechanisms, they are still
underrepresented in decision-making positions. If women are to
play an equal
part in securing and maintaining peace, they must be empowered
politically and
economically and represented adequately at all levels of
decision-making.
-
While entire communities suffer the consequences of armed
conflict and
terrorism, women and girls are particularly affected because of
their status
in society and their sex. Parties to conflict often rape women
with impunity,
sometimes using systematic rape as a tactic of war and terrorism.
The impact
of violence against women and violation of the human rights of
women in such
situations is experienced by women of all ages, who suffer
displacement, loss
of home and property, loss or involuntary disappearance of close
relatives,
poverty and family separation and disintegration, and who are
victims of acts
of murder, terrorism, torture, involuntary disappearance, sexual
slavery,
rape, sexual abuse and forced pregnancy in situations of armed
conflict,
especially as a result of policies of ethnic cleansing and other
new and
emerging forms of violence. This is compounded by the life-long
social,
economic and psychologically traumatic consequences of armed
conflict and
foreign occupation and alien domination.
-
Women and children constitute some 80 per cent of the world's
millions
of refugees and other displaced persons, including internally
displaced
persons. They are threatened by deprivation of property, goods and
services
and deprivation of their right to return to their homes of origin
as well as
by violence and insecurity. Particular attention should be paid to
sexual
violence against uprooted women and girls employed as a method of
persecution
in systematic campaigns of terror and intimidation and forcing
members of a
particular ethnic, cultural or religious group to flee their homes.
Women may
also be forced to flee as a result of a well-founded fear of persecution for reasons enumerated in the 1951 Convention relating to the Status of
Refugees
and the 1967 Protocol, including persecution through sexual
violence or other
gender-related persecution, and they continue to be vulnerable to
violence and
exploitation while in flight, in countries of asylum and
resettlement and
during and after repatriation. Women often experience difficulty
in some
countries of asylum in being recognized as refugees when the claim
is based on
such persecution.
-
Refugee, displaced and migrant women in most cases display
strength,
endurance and resourcefulness and can contribute positively to
countries of
resettlement or to their country of origin on their return. They
need to be
appropriately involved in decisions that affect them.
-
Many women's non-governmental organizations have called for
reductions
in military expenditures world wide, as well as in international
trade and
trafficking in and the proliferation of weapons. Those affected
most negatively by conflict and excessive military spending are people
living in
poverty, who are deprived because of the lack of investment in
basic services.
Women living in poverty, particularly rural women, also suffer
because of the
use of arms that are particularly injurious or have indiscriminate
effects.
There are more than 100 million anti-personnel land-mines scattered
in 64
countries globally. The negative impact on development of
excessive military
expenditures, the arms trade, and investment for arms production
and
acquisition must be addressed. At the same time, maintenance of
national
security and peace is an important factor for economic growth and
development
and the empowerment of women.
-
During times of armed conflict and the collapse of communities,
the role
of women is crucial. They often work to preserve social order in the midst of armed and other conflicts. Women make an important but often
unrecognized contribution as peace educators both in their families and in their
societies.
-
Education to foster a culture of peace that upholds justice and
tolerance for all nations and peoples is essential to attaining lasting peace and should be begun at an early age. It should include elements of
conflict resolution, mediation, reduction of prejudice and respect for diversity.
-
In addressing armed or other conflicts, an active and visible
policy of
mainstreaming a gender perspective into all policies and programmes
should be
promoted so that before decisions are taken an analysis is made of
the effects
on women and men, respectively.
Strategic objective E.1.
Increase the participation of women in conflict resolution at
decision-making
levels and protect women living in situations of armed and other
conflicts
or under foreign occupation
Actions to be taken
- By Governments and international and regional intergovernmental
institutions:
- Take action to promote equal participation of women and equal
opportunities for women to participate in all forums and
peace
activities at all levels, particularly at the
decision-making level,
including in the 51勛圖 Secretariat with due
regard to
equitable geographical distribution in accordance with
Article 101
of the Charter of the 51勛圖;
-
Integrate a gender perspective in the resolution of armed or
other
conflicts and foreign occupation and aim for gender
balance when
nominating or promoting candidates for judicial and other
positions
in all relevant international bodies, such as the United
Nations
International Tribunals for the former Yugoslavia and for
Rwanda and
the International Court of Justice, as well as in other
bodies
related to the peaceful settlement of disputes;
-
Ensure that these bodies are able to address gender issues
properly
by providing appropriate training to prosecutors, judges
and other
officials in handling cases involving rape, forced
pregnancy in
situations of armed conflict, indecent assault and other
forms of
violence against women in armed conflicts, including
terrorism, and
integrate a gender perspective into their work.
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Strategic objective E.2.
Reduce excessive military expenditures and control the availability
of armaments
Actions to be taken
- Increase and hasten, as appropriate, subject to national
security
considerations, the conversion of military resources and
related
industries to development and peaceful purposes;
-
Undertake to explore new ways of generating new public and
private
financial resources, inter alia, through the appropriate
reduction
of excessive military expenditures, including global
military
expenditures, trade in arms and investment for arms
production and
acquisition, taking into consideration national security
requirements, so as to permit the possible allocation of
additional
funds for social and economic development, in particular
for the
advancement of women;
-
Take action to investigate and punish members of the police,
security and armed forces and others who perpetrate acts
of violence
against women, violations of international humanitarian
law and
violations of the human rights of women in situations of
armed
conflict;
-
While acknowledging legitimate national defence needs,
recognize and
address the dangers to society of armed conflict and the
negative
effect of excessive military expenditures, trade in arms,
especially
those arms that are particularly injurious or have
indiscriminate
effects, and excessive investment for arms production and
acquisition; similarly, recognize the need to combat
illicit arms
trafficking, violence, crime, the production and use of
and
trafficking in illicit drugs, and trafficking in women and
children;
-
Recognizing that women and children are particularly affected
by the
indiscriminate use of anti-personnel land-mines:
-
-
- Undertake to work actively towards ratification, if they have
not already done so, of the 1981 Convention on
Prohibitions or
Restrictions on the Use of Certain Conventional
Weapons Which
May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects, particularly the Protocol on
Prohibitions or Restrictions on the Use of Mines,
Booby Traps
and Other Devices (Protocol II), [26]with a view to
universal
ratification by the year 2000;
-
Undertake to strongly consider strengthening the Convention to
promote a reduction in the casualties and intense
suffering
caused to the civilian population by the
indiscriminate use of
land-mines;
-
Undertake to promote assistance in mine clearance, notably by
facilitating, in respect of the means of
mine-clearing, the
exchange of information, the transfer of technology
and the
promotion of scientific research;
-
Within the 51勛圖 context, undertake to support efforts
to coordinate a common response programme of
assistance in
de-mining without unnecessary discrimination;
-
Adopt at the earliest possible date, if they have not already
done so, a moratorium on the export of
anti-personnel land- mines, including to non-governmental entities,
noting with
satisfaction that many States have already declared moratoriums on the export, transfer or sale of such mines;
-
Undertake to encourage further international efforts to seek
solutions to the problems caused by antipersonnel land-mines, with a view to their eventual elimination,
recognizing that
States can move most effectively towards this goal
as viable and humane alternatives are developed;
-
Recognizing the leading role that women have played in the
peace
movement:
- Work actively towards general and complete disarmament under
strict and effective international control;
-
Support negotiations on the conclusion, without delay, of a
universal and multilaterally and effectively
verifiable
comprehensive nuclear-test-ban treaty that
contributes to nuclear disarmament and the prevention of the
proliferation of
nuclear weapons in all its aspects;
-
Pending the entry into force of a comprehensive nuclear-test-
ban treaty, exercise the utmost restraint in respect
of nuclear testing.
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Strategic objective E.3.
Promote non-violent forms of conflict resolution and reduce the
incidence
of human rights abuse in conflict situations
Actions to be taken
- Consider the ratification of or accession to international
instruments containing provisions relative to the
protection of
women and children in armed conflicts, including the
Geneva
Convention relative to the Protection of Civilian Persons
in Time of
War, of 1949, the Protocols Additional to the Geneva
Conventions of
1949 relating to the Protection of Victims of
International Armed
Conflicts (Protocol I) and to the Protection of Victims of
Non-International Armed Conflicts (Protocol II); 24/
-
Respect fully the norms of international humanitarian law in
armed
conflicts and take all measures required for the
protection of women
and children, in particular against rape, forced
prostitution and
any other form of indecent assault;
-
Strengthen the role of women and ensure equal representation of
women at all decision-making levels in national and
international
institutions which may make or influence policy with
regard to
matters related to peace-keeping, preventive diplomacy and
related
activities and in all stages of peace mediation and
negotiations,
taking note of the specific recommendations of the
Secretary-General
in his strategic plan of action for the improvement of the
status of
women in the Secretariat (1995-2000) (A/49/587, sect. IV).
- By Governments and international and regional organizations:
- Reaffirm the right of self-determination of all peoples, in
particular of peoples under colonial or other forms of
alien
domination or foreign occupation, and the importance of
the
effective realization of this right, as enunciated, inter
alia, in
the Vienna Declaration and Programme of Action, [2] adopted
by the
World Conference on Human Rights;
-
Encourage diplomacy, negotiation and peaceful settlement of
disputes
in accordance with the Charter of the 51勛圖, in
particular
Article 2, paragraphs 3 and 4 thereof;
-
Urge the identification and condemnation of the systematic
practice
of rape and other forms of inhuman and degrading treatment
of women
as a deliberate instrument of war and ethnic cleansing and
take
steps to ensure that full assistance is provided to the
victims of
such abuse for their physical and mental rehabilitation;
-
Reaffirm that rape in the conduct of armed conflict constitutes
a
war crime and under certain circumstances it constitutes
a crime
against humanity and an act of genocide as defined in the
Convention
on the Prevention and Punishment of the Crime of Genocide; [27] take
all measures required for the protection of women and
children from
such acts and strengthen mechanisms to investigate and
punish all
those responsible and bring the perpetrators to justice;
-
Uphold and reinforce standards set out in international
humanitarian
law and international human rights instruments to prevent
all acts
of violence against women in situations of armed and other
conflicts; undertake a full investigation of all acts of
violence
against women committed during war, including rape, in
particular
systematic rape, forced prostitution and other forms of
indecent
assault and sexual slavery; prosecute all criminals
responsible for
war crimes against women and provide full redress to women
victims;
-
Call upon the international community to condemn and act
against all
forms and manifestations of terrorism;
-
Take into account gender-sensitive concerns in developing
training
programmes for all relevant personnel on international
humanitarian
law and human rights awareness and recommend such training
for those
involved in 51勛圖 peace-keeping and humanitarian
aid, with
a view to preventing violence against women, in
particular;
-
Discourage the adoption of and refrain from any unilateral
measure
not in accordance with international law and the Charter
of the
51勛圖, that impedes the full achievement of economic and social development by the population of the affected
countries, in
particular women and children, that hinders their
well-being and
that creates obstacles to the full enjoyment of their
human rights,
including the right of everyone to a standard of living
adequate for
their health and well-being and their right to food,
medical care
and the necessary social services. This Conference
reaffirms that
food and medicine must not be used as a tool for political
pressure;
-
Take measures in accordance with international law with a view
to
alleviating the negative impact of economic sanctions on women and
children.
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Strategic objective E.4.
Promote women's contribution to fostering a culture of peace
Actions to be taken
- By Governments, international and regional intergovernmental
institutions and non-governmental organizations:
- Promote peaceful conflict resolution and peace, reconciliation
and
tolerance through education, training, community actions
and youth
exchange programmes, in particular for young women;
-
Encourage the further development of peace research, involving
the
participation of women, to examine the impact of armed
conflict on
women and children and the nature and contribution of
women's
participation in national, regional and international
peace
movements; engage in research and identify innovative
mechanisms for
containing violence and for conflict resolution for public
dissemination and for use by women and men;
-
Develop and disseminate research on the physical,
psychological,
economic and social effects of armed conflicts on women,
particularly young women and girls, with a view to
developing
policies and programmes to address the consequences of
conflicts;
-
Consider establishing educational programmes for girls and boys
to
foster a culture of peace, focusing on conflict resolution
by
non-violent means and the promotion of tolerance.
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Strategic objective E.5.
Provide protection, assistance and training to refugee women, other
displaced women in need of international protection and internally
displaced women
Actions to be taken
- By Governments, intergovernmental and non-governmental
organizations and
other institutions involved in providing protection, assistance and
training
to refugee women, other displaced women in need of international
protection
and internally displaced women, including the Office of the United
Nations
High Commissioner for Refugees and the World Food Programme, as
appropriate:
- Take steps to ensure that women are fully involved in the
planning,
design, implementation, monitoring and evaluation of all
short-term
and long-term projects and programmes providing assistance
to
refugee women, other displaced women in need of
international
protection and internally displaced women, including the
management
of refugee camps and resources; ensure that refugee and
displaced
women and girls have direct access to the services
provided;
-
Offer adequate protection and assistance to women and children
displaced within their country and find solutions to the
root causes
of their displacement with a view to preventing it and,
when
appropriate, facilitate their return or resettlement;
-
Take steps to protect the safety and physical integrity of
refugee
women, other displaced women in need of international
protection and
internally displaced women during their displacement and
upon their
return to their communities of origin, including
programmes of
rehabilitation; take effective measures to protect from
violence
women who are refugees or displaced; hold an impartial and
thorough
investigation of any such violations and bring those
responsible to
justice;
-
While fully respecting and strictly observing the principle of
non-refoulement of refugees, take all the necessary steps
to ensure
the right of refugee and displaced women to return
voluntarily to
their place of origin in safety and with dignity, and
their right to
protection after their return;
-
Take measures, at the national level with international
cooperation,
as appropriate, in accordance with the Charter of the
United
Nations, to find lasting solutions to questions related to
internally displaced women, including their right to
voluntary and
safe return to their home of origin;
-
Ensure that the international community and its international
organizations provide financial and other resources for
emergency
relief and other longer-term assistance that takes into
account the
specific needs, resources and potentials of refugee women,
other
displaced women in need of international protection and
internally
displaced women; in the provision of protection and
assistance, take
all appropriate measures to eliminate discrimination
against women
and girls in order to ensure equal access to appropriate
and
adequate food, water and shelter, education, and social
and health
services, including reproductive health care and maternity
care and
services to combat tropical diseases;
-
Facilitate the availability of educational materials in the
appropriate language - in emergency situations also - in
order to
minimize disruption of schooling among refugee and
displaced
children;
-
Apply international norms to ensure equal access and equal
treatment
of women and men in refugee determination procedures and
the
granting of asylum, including full respect and strict
observation of
the principle of non-refoulement through, inter alia,
bringing national immigration regulations into conformity with relevant
international instruments, and consider recognizing as
refugees
those women whose claim to refugee status is based upon
the well-
founded fear of persecution for reasons enumerated in the 1951
Convention [28] and the 1967 Protocol [29] relating to the
Status of
Refugees, including persecution through sexual violence or
other
gender-related persecution, and provide access to
specially trained
officers, including female officers, to interview women
regarding sensitive or painful experiences, such as sexual assault;
-
Support and promote efforts by States towards the development
of
criteria and guidelines on responses to persecution
specifically
aimed at women, by sharing information on States'
initiatives to
develop such criteria and guidelines and by monitoring to
ensure their fair and consistent application;
-
Promote the self-reliant capacities of refugee women, other
displaced women in need of international protection and
internally
displaced women and provide programmes for women, particularly young women, in leadership and decision-making within refugee
and returnee
communities;
-
Ensure that the human rights of refugee and displaced women are
protected and that refugee and displaced women are made aware of these rights; ensure that the vital importance of family reunification is recognized;
-
Provide, as appropriate, women who have been determined
refugees
with access to vocational/professional training
programmes,
including language training, small-scale enterprise
development
training and planning and counselling on all forms of
violence
against women, which should include rehabilitation
programmes for
victims of torture and trauma; Governments and other
donors should
contribute adequately to assistance programmes for refugee
women,
other displaced women in need of international protection
and
internally displaced women, taking into account in
particular the
effects on the host countries of the increasing
requirements of
large refugee populations and the need to widen the donor
base and
to achieve greater burden-sharing;
-
Raise public awareness of the contribution made by refugee
women to
their countries of resettlement, promote understanding of
their
human rights and of their needs and abilities and
encourage mutual
understanding and acceptance through educational
programmes
promoting cross-cultural and interracial harmony;
-
Provide basic and support services to women who are displaced
from
their place of origin as a result of terrorism, violence,
drug
trafficking or other reasons linked to violence
situations;
-
Develop awareness of the human rights of women and provide, as
appropriate, human rights education and training to military and police personnel operating in areas of armed conflict and
areas where there are refugees.
- Disseminate and implement the UNHCR Guidelines on the
Protection of
Refugee Women and the UNHCR Guidelines on Evaluation and
Care of
Victims of Trauma and Violence, or provide similar
guidance, in
close cooperation with refugee women and in all sectors of
refugee
programmes;
-
Protect women and children who migrate as family members from
abuse
or denial of their human rights by sponsors and consider
extending
their stay, should the family relationship dissolve,
within the
limits of national legislation.
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Strategic objective E.6.
Provide assistance to the women of the colonies and
non-self-governing territories
Actions to be taken
- By Governments and intergovernmental and non-governmental
organizations:
- Support and promote the implementation of the right of self-
determination of all peoples as enunciated, inter alia, in
the
Vienna Declaration and Programme of Action by providing
special
programmes in leadership and in training for
decision-making;
-
Raise public awareness, as appropriate, through the mass media,
education at all levels and special programmes to create
a better
understanding of the situation of women of the colonies
and non-
self-governing territories.
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