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ICHR & IHRAAM hosts a conference on children of conflict - peace for upcoming generations
International Human Rights Association of American Minorities (IHRAAM) and International Commission for Human Rights (ICHR) today hosted a conference entitled International Day of Innocent Children Victims of Aggression: Children in Conflict - Peace for upcoming Generations. The conference explored the UN applicable mechanisms needed to address injustices to children and reviewed the prevailing situation that accounts for the ongoing abuses. The discussion examined ongoing armed conflicts such as the situation in Indian Held Kashmir, Palestine and Syria, where countless NGOs, agencies and observers have denounced the alarming situation children bear on daily basis as result of displacement, attacks and shortages; as well as disputes such as those entailing the traditional and Grassroots communities from Alaska, where children are constantly being neglected and discriminated due to their identities.
Speakers included Barrister A. Majid Tramboo, Chairman of ICHR and IHRAAM’s Permanent Representative to the UN; Dr. Ariel R. King, President of Ariel Consulting Intl and children human rights advocate; Ms. Lotte Claessens, child protection specialist; Dr. Krishna Ahoojapatel, Permanent Representative of WILPF to the UN; Ambassador Ronald Barnes, Permanent Representative of Indigenous Peoples and Nations Coalition to the UN and Prof. Nazir Shawl, Chairman of International Chamber for Peace and Conciliation.
As Chair and moderator, Barrister M. Tramboo outlined that children are probably the ones who suffer most from conflicts and unlike adults and elders who come to meet war and conflict after a life of relative peace, the impact of conflict affects children indeterminately for the rest of their lives. Barrister Tramboo then echoed the UN Secretary-General’s 2012 report on children and armed conflict, where some abuses in the current ongoing conflicts are so heinous that they represent grave violations of children’s rights under the UN Security Council Resolution 1612 that establishes six grave violations of children’s rights. He enumerated them as: recruitment and use of children, killing and maiming of children, rape and other grave sexual violence, abductions, attacks on schools and hospitals, and denial of humanitarian access to children. Such situations currently exist in conflict zones such as Indian Held Kashmir, Syria and Palestine-Israel.
Dr. Ariel R. King appreciated the holding of the conference and said that usually human rights are generally discussed from an intellectual point of view, nevertheless when dealing with human rights we must appeal to the heart and to feelings. She then shared a truly comprehensive and inclusive video presentation on children in conflict and the direct and indirect impact of conflict with all participants. “Shared responsibility also demands action” she added. Her associate, Ms. Elena Allendorfer encouraged all participants not to lose motivation to keep on fighting and defending the rights entitled to us by international law, especially not to give up on defending the rights of children who do not have a voice.
Dr. Krishna Ahoojapatel analyzed the developments on international law and highlighted that on most legislation women and children were always treated as one collective, but when it came to the ratifications, the states always responded differently. She classified the situation of conflict in four different categories: those perpetrated within the household, the one related to labor and exploitation, the one derived from war and terrorism and the one she called “collateral damage”, qualification she regarded as incongruous and deceitful. She affirmed that the international community fails to implement all the legislation that has been made during decades; illustratively, she reported that after the United Nations Convention on the Rights of the Child and its ratification, the child labor has increased worldwide. She declared that “the image or murder and killings does not affect us anymore, we have seen it so much we are numb”.
Ms. Lotte Claessens thanked the panel for the opportunity and started by outlining shocking figures such as: by 2011, there were 200 million people directly affected by disasters, including 100 million children; the number of civilian victims in conflicts has risen from 5% to over 90%, out of which at least half are children and that currently 1.5 billion children live in conflict-affected or fragile states. When addressing Child Protection Violations, Ms. Claesssen established several forms: family separation, child labour, the use of children in armed forces or groups and sexual violence. She then elaborated on her on-field work experience in Indian Held Kashmir by outlining the major issues affecting children, amongst which are: decades of violence, conflict, insecurity and instability; high levels of psychosocial distress among their communities; continuous risk to physical harm, exposition to gender-based violence and an overall weak (social and legal) protection system.
Prof. Nazir Shawl affirmed that when a war or conflict erupts: “the rules by which we adhere to no longer apply”. He stated that both children and women have historically borne the brunt of wars, thus places where conflict rages, sexual violence against women and children is not only an individual but a collective wound; he highlighted that the rape of a girl or a woman is seen as an attack on their family and their culture which ignites the conflicts. Moreover “no peace treaty to date has formally recognized the existence of child combatants”, he emphasized, to which he added “the exploitation of children as soldiers persists in many armed conflicts because child recruiters are rarely held accountable; most child victims of violence and sexual abuse are girls, but boys are also affected both directly or indirectly”.
Ambassador Ronald Barnes gave two examples of conflict: landmines and depleted uranium from bombs, but states that aggression does not only include violence. Children can also be harmed in non-conflict situations. The United Nations adopted resolutions in 1949 calling for education to be in the Indigenous languages. Aggression comes in different forms for peoples of non-self-governing territories for peoples under colonial domination. The concept of aggression was first used to prosecute Nazi War Criminals under Nuremberg principles. The International Law Commission expanded those principles in 1947. The General Assembly adopted the definition of aggression under resolution 3314 (XXIX) in 1974. Damage can occur to the language and the culture, and the livelihood of the peoples. He used the example of the Residential school system in Canada as another example of aggression and harm to children.
After a round of questions, and for the final remarks, Barrister Tramboo expressed his gratitude to all distinguished guests, and gave the honor to close the dialogue to Dr. Ahoojapatel who finally emphasized the necessity to read the United Nations Convention on the Rights of the Child and the UN Charter and to advocate for it to be rightly implemented, so that the international community reaches its goals.
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ICHR hosted Kashmir EU Week in the European Parliament
The 8th Annual Kashmir Week "Reconciliation: Kashmir, India and Pakistan" in the European Parliament commenced from the 27th of May 2013. The event is organised by ICHR - Kashmir Project under the sponsorship of Nikki Sinclaire MEP.Press Conference:
In preparation for the inauguration reception on the 29th of May 2013, Nikki Sinclaire MEP, Barrister A. Majid Tramboo, Prof. Nazir Shawl and Frank Schwalba-Hothheld a press conference in the press room of the European Parliament.
Addressing the press conference Sinclaire MEP stressed that the Kashmir dispute need to be addressed by politicians and the reason that it is not getting any media is probably the politics of convenience. She expressed that she will continue bringing the Kashmiri issue to the political agenda of the EU.
Barrister Tramboo considered the European Parliament’s recent Resolution as a commitment of the European community in support of the human rights advocacy in Jammu and Kashmir. He stated that the European Parliament must push for a dialogue between India and Pakistan involving the leadership of Kashmir for progress to genuine reconciliation and realization of Kashmiris rights to self-determination.
Professor Shawl stressed on the importance of role that can be played by the Kashmiri communities in United Kingdom and in Europe in influencing the politicians to tackle on the Kashmir dispute. He also congratulated ICHR and the European Parliament for the recent Resolution on the hanging of Afzal Guru.
Mr. Shwalba-Hoth said that the European Union must play the role of an honest broker in the Kashmir issue and to bring Kashmir to the EU’s political agenda. He highlighted the work undertaken by ICHR for the past decade and congratulated Barrister Tramboo for the recent achievements.
The Inauguration of Kashmir EU Week:
The official inauguration of the 8th Kashmir EU Week in the European Parliament took place in the galaxy of MEPs, officials from both the European Commission and the European Council, representatives from embassies and missions, NGO and civil society representatives and staffers of the European Institutions. Welcoming the guests, Barrister A. Majid Tramboo elaborated on the main focus of the exhibition which is to bring reconciliation between Kashmir, India and Pakistan and to end the human rights abuses in Indian Held Kashmir. He Highlighted the decade of work undertaken by the ICHR setting the trends to effectively and meaningfully to continue to keep the Kashmir issue on the EU's radar.
Barrister Tramboo articulated that our partnership in Europe has always paid dividends and the clear example of this is the Norwegian recent debate on Kashmir lobbied by the Kashmiri Scandinavian Council.
Hosting the reception, Nikki Sinclaire MEP stressed on her political convictions and on her commitment to the Kashmiris and their situation, since as citizens we must not only talk about social responsibility, we must demonstrate it. She stated that after her visits to different regions such as Tunisia, Gaza, Bahrain and Afghanistan, she is convinced of the urgency to implement, defend and protect fundamental values and human rights. She stated that since elected in 2009, she has supported the right of the Kashmiri people to self determination, since it is a basic human right. She finally stated that this initiatives show there is a global commitment to speak out against injustice and repression.
Prof. Nazir Shawl said that the European Parliament recognises the dangerous potential of the 65 year Kashmir dispute both as a threat to security, stability and peace in South Asia, and also an impediment in the economic development of the region. He pleaded for an inclusive structured and sustained dialogue between India, Pakistan and Kashmiris. He declared that the self-determination of the people of Jammu & Kashmir is non-negotiable.
Eija Riitta Korhola MEP highlighted the pressing issue of the death penalty in India and expressed her satisfaction on the recent European Parliament Resolution of Afzal Guru’s secret execution. She further emphasized on the urgency to establish the moratorium on death penalty in India and stressed that the body of Afzal Guru must be returned to his wife and family in order to exercise his religious rites.
Jean Lambert MEP stated that Kashmiri people must have the right to address and decide on their future. She stated that since there is a new government in Pakistan and there are upcoming elections in India, opportunities arise to advance towards reconciliation and the peace for Kashmir.
Phil Bennion MEP highlighted the need to place the Kashmir issue further in the political agenda, especially within the EU institutions. He declared that a sustainable and just peace settlement can only be reached by involving the people of Kashmir in the Indo-Pakistan dialogue, which is why he support a plebiscite as a key part of a peace process.
Tunne Kelam MEP stated that Kashmir conflict is the longest ongoing conflict in history and the European Parliament should address the grave human rights violation in the area.
Krisztina Morvai MEP highlighted the deterioration of women’s situation in Kashmir as a result of the conflict and stressed the European Parliament to address these abuses. She also wrote a letter to the UN Representative on Sexual Violence in Conflict about these abuses.
Continuing the call of uniting both parts of Kashmir, Barrister Tramboo along with all invited MEPs expressed their commitment to the Kashmir plight by approaching the model of the Chakoti bridge and joining hands in the hope to reach a peaceful solution to the Kashmir conflict.
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ICHR commemorated: International Day of Families - Plight of Divided Families in Jammu and Kashmir
International Commission for Human Rights (ICHR)- Kashmir Project hosted an interactive dialogue and roundtable discussion on the International Day of Families entitled “Plight of Divided Families in Jammu and Kashmir” at its premises in Rue Belliard, Brussels. The roundtable explored the prevailing situation and approach of the international community towards the situation of families separated by armed conflict, namely those divided by the Ceasefire Line in Jammu and Kashmir. The event addressed the long existing impediments families have to reunite and see each other after years of being apart, and also posited the urgency of ensuring the human rights in the region, since family is the core element of society.
The wide range of participants included personnel from the European Parliament and the Brussels political scene, UN representatives, NGO representatives, academics and other interested parties.
Speakers included Barrister A. Majid Tramboo, Chairman of ICHR and IHRAAM’s Permanent Representative to the UN, Prof. Patrick Dolan, UNESCO Chair and Director -NUI Galway, Prof. Melissa Rancourt, Founder of Greenlight for Girls & the Head of Faculty -Boston University and Mr. Frank Schwalba-Hoth, Political Strategist and former Member of the European Parliament, who chaired the session.
Professor Melissa Rancourt, stated that on the topic of divided families and the impact of borders she faces two different perspectives, the first as Head of Faculty for Boston University Brussels and the second as founder of an international organization, Greenlight for Girls; within the university environment she often speaks about borders and how they impact their work and society, borders separate people by way of education, caste, wealth, poverty, language, politics religion and of course geography. She elaborated on borders describing them as imaginary lines sometimes mentally drawn but also most of the times physically placed, either by negotiation or imposition which emphasize differences in culture, language and belief. These borders, she said, become concrete barriers that limit potential, prevent opportunity and most unfortunately, divide families. She then described some of the regional cases she has worked with and studied where borders have brought families and whole societies apart.
Professor Patrick Dolan approached the subject specifying the importance of family as a human right. He shared with the participants the different features family policy comprises. Regrettably the problem of enforced family separation and its negative impact is not a recent event but one that has been going on by decades in all areas of the world, including the Kashmir region. When it comes to the upbringing of children, the access to family support and a social environment becomes vital and a gateway to full integration in society; moreover, social empathy in children is achieved through role models, found within nuclear and extended. He emphasized on the role of family in any individual’s live, namely, that families are the greatest source of help and stress, being overall far more helpful since family is strongly connected to recovering from life events, such as those that take place in almost daily basis in the Kashmir conflict. The prominence of family for upcoming generations and the construction of human social capital is centered in its provision of health, both physical and mental; support in active learning; safety from accidental and intentional harm; economic security and security in the immediate and wider physical environment.
In his opening remarks, Barrister A. Majid Tramboo referring to the elections in Pakistan, congratulated the newly Prime Minister elect of Pakistan, Mian Nawaz Sharif who has in his past two terms put forward the Kashmir issue first; he then emphasized on the important role the new government can have in the Kashmir issue and for a more democratic path in Pakistan. Following, he stressed on the importance of the International Day of Families as it makes people remember the plight of divided families in Jammu and Kashmir who are facing for more than 65 years the impediments that hinder them from meeting their relatives across the ceasefire line. He stated that there are many factors which lead to a family’s division, and it is not only politics that divide families, but also that families themselves divide families.
When addressing how it is that the states divide families, he assesses there are 3 major bedrocks in relation to the situation in Kashmir, which are the following:
1) The historical view of the division of Kashmiri families, and how the families of Jammu and Kashmir can’t see each other in normal circumstances
2) The current reality where people have been continuously displaced because of the conflict in Kashmir, being the displacement internal or external.
3) The existence of a conflict in an area, which is then targeted by the government that decides to tackle it down, leading to the detention of family members and the voluntary displacement in the search for safety, which thereafter results in the division of families for years.
Barrister Tramboo then stated that the division has a devastating impact on families since the family’s communication and bonds are enormously damaged particularly in the situation of Kashmir. This point was carried further by bringing to the floor different testimonies of Kashmiris that have been victims of the implementation of the ceasefire line between India and Pakistan. Barrister Tramboo stressed the urgency to unite the Kashmiri families by referring to the European Parliament report presented by Baroness Nicholson of Winterbourned which stresses on the points 36, 37, 39 and 40 the urge to reunite families through the opening of 5 crossing points, although he mentioned the bureaucratic obstacles that the crossing involves. Barrister Tramboo noted that some of the points of the reports have not been implemented and hence called upon the European Union to take factual action into the reunification of Kashmiri families and the complementing aid that the fostering of civil society, trade and tourism would bring to the region.
Concluding the roundtable, the Chair Mr Frank Schwalba-Hoth, further elaborated on the situation in Kashmir, where human rights are systematically being neglected, tearing families apart and endowing future generations with unstable and unsafe societies. Mr. Schwalba-Hoth thanked the organization for bringing this reality to the attention of the Brussels’ political scene and thanked the participants for attending the event.
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ICHR Kashmir Project urges the Government of India to join mine ban treaty
Marking the International Day for Mine Awareness and Assistance in Mine Action, International Council for Human Rights (ICHR) calls for a Kashmir free of landmines, and reaffirms its commitment to raise the issue of landmines which have been laid down by the Indian military and paramilitary forces at various parts of Kashmir.
A total of 161 nations are party to the Mine Ban Treaty, which was opened for signature in December 1997 and entered into force on March 1, 1999. The treaty comprehensively prohibits antipersonnel landmines and requires their clearance and assistance to victims.
Barrister A. Majid Tramboo, the Chairman of ICHR-Kashmir Project urged the government of India to join the Mine Ban Treaty. “More than 6,000 families and some 3,500 acres of agriculture land alone in Chamb area in Jammu region are mine-affected.” said the Barrister.
Barrister Tramboo stated that “a huge population at various parts of Kashmir along the Ceasefire Line continue to be caught in a death trap of landmines since 2002, suffering the burden of a war that was never fought. The government of India cannot afford to remain ignorant of the huge humanitarian and development impact of a rising landmines in Kashmir. The Indian government has a responsibility to undertake steps and to join the Mine Ban Treaty before further lives are lost."
The Indian Army deployed an estimated two million mines in Indian Held Kashmir in Operation Parakram. This was probably the most extensive use of antipersonnel mines anywhere in the world since the Mine Ban Treaty was negotiated and first singed in 1997.
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ICHR & IHRAAM submitted recommendations on protecting and promoting women's rights to the United Nations
International Council for Human Rights (ICHR) and International Human Rights Association of American Minorities (IHRAAM) hosted a full day conference entitled Protecting & Promoting Women’s Rights at Palais des Nations in Geneva on 7th of March 2013. The conference explored international women’s human rights issues in general and within conflict areas in particular, as well as the applicable international legal framework, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the context of violence against women, rape, and women human rights defenders. Following the conference, the Chair and two Rapportuers prepared and compiled the recommendations that came from the two sessions and submitted the following recommendations:
Dr. Krishna Ahoojapatel, Permanent Representative Women's International League for Peace and Freedom
There were multilayered recommendations presented by the panel on how to reduce sexual violence against women and make women more aware of their human rights. However, what was lacking in the analysis of some knowledgeable statements during the session was the deeper cause of why sexual violence -particularly rape- occurs and its direct impact on women´s health, well-being and social and economic structure. Whilst there are several philosophical and political reasons that can be analyzed to explain this, we need to delve deeper into the mindset of the male in order to understand how and why there is frequently a need for them to control women’s bodies to show power and privilege.
The recommendations made by the various speakers differed in methodology and ultimate solutions. Despite this, some common features did emerge from the speakers’ statements, most notably the role of the media in portraying violence and the age old habit of women to submit to and to be subordinate to men. It appears that no systematic effort is being made by any society to integrate and teach males to respect women and to learn to behave in a manner which accorded dignity to women. The serious consequences of violence on health were also discussed. Intergenerational conflict and traditional teaching by women themselves perpetuate the problem as irrespective of the education of the mother, by habit, by tradition, by religious practices, women as mothers continue to discriminate against their daughters.
Prof. Fozia Nazir Lone, Women’s Rights Expert, University of Hong Kong
Women’s human rights in the Kashmir conflict were presented as being different to those experienced by women in Rwanda or Bosnia as this is a conflict which is still continuing, which made it more difficult to find solutions. The speaker mentioned that sexual violence is a weapon of war and is used as such in Kashmir. In addition to rape, other crimes are also committed by the state authorities and administration, such as those carried out whilst conducting body-searches of women. Similar kinds of atrocities took place in Rwanda where acts of genocide where committed against women.
Prof. Lone recommended in the context of the Kashmir conflict that women’s concerns are included at all stages of pre conflict and peace process so that they are included and implemented in the post conflict agreement. A transitional justice system needs to be created, such as truth commissions and other tribunals, to hear and address the concerns of Kashmiri women in conflict, since it is impractical to wait until the conflict ends as this is unlikely in the immediate future.
Dr. Lale Say, World Health Organisation (WHO)
Dr Lale explained that violence against women inflicts much psychological and emotional harm which in turn could lead to further violence and depression and also includes acts such as rape and genital mutilation. Statistics were presented highlighting the widespread prevalence of violence by intimate partners in many societies as well as their consequences on women’s health across cultures.
Accurate statistics are difficult to compile because they differ from continent to continent and from country to country and are also not always reported by women who undergo violence, but the percentages for intimate partner violence are high worldwide. Studies reporting violence in conflict settings or non-partner violence show that these are also highly significant forms of violence against women. Some of the health consequences of violence included: femicide, suicide, AIDs related mortality, maternal mortality, pregnancy complications, abortions, low birth weight, and perinatal problems which could later develop into physiological and behavioral risks.
Speaking on behalf of the World Health Organization (WHO), Lale stressed the need to promote gender equality and the need for a multi-sectoral response in order to reduce the human rights violations that occur. She conveyed these points through quoting rigorous but disturbing statistics, including the high percentage of physical violence on pregnant women.
Mary-Ann Mills, Vice-Chair the Kenaitze Indian Tribe and Tribal Court Judge
Mary -Ann stated that Alaska has been overlooked by the rest of the world as it struggles with very high rates of violence against indigenous women and described the situation in Alaska as a ‘crime scene’. Around one third of all women have been raped: Alaskan women have among the highest rate of sexual violence in the world. There were also high rates of trafficking and death; 86% of raped women have been raped by non- Alaskan men. Mothers prepared their daughters for what to do in the event they were raped. She stated that the US has obligations under international law to protect all people of America, including the women from Alaska. Mary-Ann Mills suggested ways for preventing such atrocities against indigenous women. For all these reasons she stated that Alaska needs self -determination at the top of the Human Rights Council agenda.
Prof. Frances Heidensohn, Gender and Justice Expert, London School of Economics and Political Science
Prof Heidensohn presented 6 steps for improving women´s rights and made some recommendations which included having more women in law enforcement and the criminal judicial system. For example, she advocated more women in police stations and the creation of special courts to hear rape and domestic violence cases by specially trained lawyers. She also recommended more social measures for the empowerment of women to reduce the number of forced marriages and greater access to education. Prof Heidensohn stressed that crimes against women were often not taken seriously, women themselves often did not report such incidents for fear of shame and they attracted light sentences. She suggested that urgent steps must be taken to tackle these inequalities wherever they exist and that gender violence is to be made a high priority. She also emphasized the need for more research from a feminist perspective and stressed that welfare should be considered as a part of judicial procedures. She specifically recommended that Western media should not be copied on the way they portray gender violence.
Prof. Veerle Draulans, Gender Studies, University of Leuven, Belgium / Tilburg University, Netherlands
In her statement, she stressed that “awareness of our own personal views is a precondition for true dialogue”. It should not be forgotten that men and boys can also be victims of violence, although less in number. Unfortunately several countries continued to train children to become soldiers and to kill early in their lives, some as young as seven or eight years of age. For example, in the Democratic Republic of Congo (DRG) children’s work and remuneration in mines were means of financing conflicts.
Prof. Draulans highlighted the tension between the media’s positive role in spreading messages related to women’s rights and gender issues and its negative role in ‘sensationalizing’ sexual and physical violence since such stories ‘sell’. She recommended that media should not portray the woman’s body as a symbol of subordination but rather as a signifier of resistance.
Dr. Suzanne M. Clisby, Women’s Rights and Gender Studies, University of Hull
In Dr Clisby’s analysis, she suggested that violence against women should be considered as a continuum ranging from minor acts to the more serious acts of violence which occur during conflict. She stressed the need to look closely at patriarchal societal norms to analyze the exact relationship between gender and power and how this affects people’s life chances. She described it as a relationship embedded in society, and noted that there had been a large shift from the denial of violence to its existence. She noted that violence was underpinned by gender differences.
Dr. Clisby believed gender based and minority organizations from local to national levels needed continued support to translate good policy rhetoric into good practice. This required resources through funding and capacity building over long periods.
Prof. Melissa Rancourt, Chairperson and Founder, Greenlight for Girls. Head of Faculty, Boston University
An estimated 10 million girls each year are married before the age of 18. It is necessary to encourage education for girls in less advantaged communities, as the NGO Greenlight for Girls does. They have met girls whose families decided that they must fetch water and do the washing rather than to go to school. The girls indicate that they must stay home when they begin their menstruation as their families are worried that their safety is at stake if they left the home unattended, they fear their girls will be the victims of violence and rape. Hence, the main recommendation is:
The creation of an education programme to teach the importance of equal rights, to instil confidence and the importance of role models and to inspire children around the world that anything is possible. And to lead or support any initiative to educate boys and girls, men and women about equal rights and non-discriminatory practices.
Echoing Prof. Lone, Prof. Rancourt recommended the UN to “extend the promise to protect Kashmir’s women whose voices remain muted in a never-ending conflict”.
Dr. Mazahir Osman, Chairperson, International Muslim Women Organization
Women in conflict areas are the most vulnerable of all as regards to discrimination and violations of rights; therefore:
In order to combat violence against women and minorities there must be a special Commission of minority issues to address the needs of minorities -in particular women minorities and their day to day abuses inflicted upon them;
There must be provision of psychosocial services through well trained social workers as well as social provision of development services through women development centres;
The UN should exert more pressure on the rich industrialized countries of the North to be committed to the agreed upon on the 7.7 percentage of their GNP, and be more generous in donating more money and technical assistance to the areas of conflicts and wars- for it is wiser to spend for peace than to spend for war;
Governments in areas of conflicts and war are advised to be more transparent and wiser in their policy making. Furthermore, these Governments should have effective mechanisms to monitor and ensure that these assistance and aids reach those intended for;
The civil society organizations themselves have to foresee, monitor, follow-up and expose any kind of violations and exert pressure on Governments. A very essential role of these organizations is also to raise awareness; and
Mass media's role is to expose violations on the local level, whereas at the international level it is to call and appeal for more humanitarian assistance and financial aids, while exposing those who incite conflicts and wars, and to expose all extremists from all sides and have their efforts failed and aborted.
Dr. Emma Brannlund, Women activism in Kashmir, NUI Galway University
Kashmir Valley, in the Indian state of Jammu and Kashmir, is in a state of insecurity. The more than 60 years of international conflict has had immense impact on Kashmiri society; among many concerns are unemployment, destroyed infrastructure, low economic development, broken families and widespread depression, anxiety, as well as other mental health problems. The conflict has had disproportionate effect on civilians and over 70000 people have been killed since the insurrection started in 1989 (Butalia, 2002). The gendered nature of conflict has resulted in different impact on women and men respectively. Since 2010there has been renaissance in civil activism in Kashmir; the socio-political climate in Kashmir is now conducive to support and engage pro-actively with groups working on the ground, supporting women activists, especially the younger generation. Therefore, according to the following issues, it is necessary to:
Legal issues:
Work towards a gender sensitive police and judiciary;
Repeal the Armed Forces Special Powers Act (AFSPA) and the Public Safety Act (PSA);
React against new proposed Police Bill;
Have more women’s police stations in Srinagar and urban Kashmir; and
Create and implement a Women’s Reservation Bill.
Social Issues:
Raise awareness around gendered violence – in specific Domestic Violence and eve teasing;
Support organisations dealing with half-widows and widows;
Organise workshops on gender roles for both boys and girls/men and women;
Improve Sex education;
Work to empower girls and women in different ways;
Support girls’ involvement in after school activities, such as arts classes and sports; and
Support structures for women’s meetings, roundtables and conferences, where women from different sections of society and ages can meet and share experiences.
Sylvia McAdam, Co-founder, Idle No More
The spirit and intent of the Treaty agreements in Canada meant that First Nations Peoples in Canada would share the land while retain their inherent rights to lands and resources. However this has not occurred and the taking of resources has left many lands and waters poisoned. This has affected negatively the communities’ life style in the light of their own laws, thus obstructing people´s exercise of their rights, especially women who need the land for medical purposes. Measures must be taken to address this trespass:
Oppose Omnibus Bill C45 and any other legislation that extinguish the Treaty of Rights of Indigenous Peoples; and
Help expose the devastation in land, water, animal welfare and human life in the Treaty territories in the Canadian State in order to improve women’s rights and the community altogether.
Princess Micheline Djouma, President, OCAPROCE
Cases of violence against women are the most frequent and most pernicious matter of violation of human rights. Sexual violence and rape are considered the most undeclared crimes in the world. Furthermore, genital mutilation is one of the many violent acts against young women and girls which leads to health problems, not only physical ones but also psychological, and it increases -according to specialists- the risk of HIV infection. Despite several international declarations there is still a lack of the necessary political initiative and will to tackle these violations. Hence it is necessary to:
Empower women at the negotiation table and within the state institutions;
There must be a simplification and a following promotion of texts relating to women’s rights to make these legal instruments accessible to the citizenry;
Plans must be made in the political, economic, social and jurisdictional scope;
The access to judicial procedures must be free of charge and simplified, for women to fully exercise their right to justice;
Prevention must be primary, multi-sectorial and multifaceted;
Prevention must not only be targeted to women and girls but also to men and boys; and
There must be campaigns and a policy of sensitization to make society realize the negative impacts violence has over the health of the victims.
Dr. Mareike Schomerus, Justice and Security Research, London School of Economics and Political Science
Transformative change needs a determined shift: away from normative values, away from frameworks that are too general to be implementable. Instead, specific understanding of contexts and situations in which a whole range of women find themselves needs to be analysed and understood to develop measure that can bring about substantial change.
Ms. Shamim Shawl, International Muslim Women’s Union
Kashmiri women contributed a lot in all aspects of life during the ongoing armed conflict in the region. But here is not enough International and intellectual debate on this subject, their movement has not found much voice beyond the Kashmir valley. According to Human Rights Watch’s ‘World Report’ on India in 2012, impunity for abuses committed by Indian forces continue in Jammu and Kashmir. Government report states that only one person has been convicted of rape there in the last five years and the majority of cases are still undergoing investigation. According to authentic international organisations, over 10,000 women have been raped in Kashmir between 1989 and 2013. As such it is recommended:
There must be specific focus on the situation in Kashmir with further investigation on the violent rapes that have taken place in Indian Held Kashmir as it is clear that the military officers from the Indian military are responsible for war crimes, and the Indian government needs to hold perpetrators to account for their actions;
There needs to be a system of accountability for such crimes, and the Acts such as the Armed Forces Special Powers Act (AFSPA), should not be used to exempt officers for such crimes;
Accusations of rape need to be taken seriously, and prompt investigation by local police should be supported. Special training should also be provided to police officers in order to help them collect sufficient evidence that can be presented at any trial. Human Rights Watch recommends allegations to be tried in civilian courts rather than military ones in order to promote transparency, and that those convicted of such crimes should be punished and named openly, in order to serve as a deterrent to any would be rapists;
Police and doctors; who would be the first point of contact with victims of rape should also be trained in dealing with victims in a sensitive manner, whereby they can be guaranteed some form of privacy, in order to avoid them becoming stigmatized;
Human Rights organisations and the media must also be sensitive to the victims of rape, as they often have to recount their tragedy which can be traumatic. Many have had their pictures taken by the media, which may be counter productive for many women, as they can be easily identified and singled out for harassment. Such reporting also needs to be followed up by organisations;
The lack of psychological rehabilitation clinics and camps for women in Kashmir is very important and must be addressed;
The absence of women from negotiations at conflict zones is another reason to advocate women victims;
Impartial and independent investigation of all cases of rape in Kashmir; and
Special Rapporteur on violence against women needs to undertake a visit to Kashmir.
Dr. Neil Buhne, Bureau for Crisis Prevention and Recovery, United Nations Development Fund (UNDP)
Women remain under-represented in the political, economic and social (including legal) spheres in conflict and post conflict contexts. In terms of programming, in general, the international community has failed to deliver adequately for women and girls and this arena of work is poorly financed. The SG Report on Women’s Participation in Peacebuilding (2010) has a seven point action plan for gender-responsive peacebuilding in three of areas, namely:
Inclusive economic recovery: given that there are suggestions that a relationship between jobs, social cohesion, female employment and peaceful decision-making;
Inclusive governance: Women often participate in movements for change in diverse roles but rarely enjoy participation and voice in post-conflict interim and permanent institutional structures. While UNDP and partners have contributed significantly to women’s political participation in post-conflicts, current trends in the world suggest that we need to protect the gains for women in those settings and address possible regression of women’s rights in many other regions; and
Access to Justice, especially for survivors of sexual and gender-based violence, with a strengthening of the Rule of Law given that many national laws and judicial systems continue to discriminate against women, both in law and in enforcement.
Overall, there must be more emphasis on the implementation not only on monitoring and reporting. There must be recognition that there are issues with gender differences in resilience when dealing with crisis and these issues need to be addressed. Women are affected differently in conflict than they are in war; conflict can further marginalize women."
The recommendations have been conveyed to the United Nations Office of the High Commissioner for Human Rights and the United Nations Human Rights Council, as well as to all the relevant institutions that integrate the European Union.
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World Water Day 2013 Interactive Dialogue & Roundtable "Thirsting For Justice"
International Council for Human Rights (ICHR) in association with Phil Bennion MEP hosted an interactive dialogue and roundtable discussion entitled Thirsting For Justice at the Residence Palace. The roundtable explored the prevailing situation and approach of the international fraternity towards the environmental concerns and human rights in relation with the water disputes. It cited the existing lacunae and also posited the vitality of ensuring the human rights and quality environment. In this respect, the roundtable focused on the Indo-Pak water dispute and the Kashmir issue and the Israeli-Palestinian water dispute.
Wide range of participants included diplomats, personnel from the European Commission and the Parliament, UN representatives, NGO representatives, civil society leaders, human rights defenders and other interested parties.
Speakers included Barrister A. Majid Tramboo, Chairman of ICHR, Mr. Phil Bennion, Member of the European Parliament, Ms. Jean Lambert, Member of the European Parliament, Mr. Helmut Scholz, Member of the European Parliament, Professor Nazir Shawl, Chairman of the International Chamber of Peace and Conciliation, Professor Ashok Swain, water expert from Uppsala University, Dr. Undala Alam, Indus Water Treaty expert from Warwick University, Dr. Nidal Salim, Director and founder of the Global Institute for Water Environment and Health (GIWEH), Mr. Almotaz Abadi, Special Advisor to the Palestinian Minister of Water Authority, Professor Haim Gvirtzman, the Institute of Earth Science at Hebrew University, Ms. Josephine Barbas, Legal Researcher in the Legal Research and Advocacy Department at Al-Haq Organisation, and Mr. Frank Schwalba-Hoth, Political Strategist and former Member of the European Parliament.
Chairing the first part of the event, Mr. Phil Bennion MEP thanked Barrister A. Majid Tramboo and ICHR for organising the event. He stated that the importance of water lies not only on its use in agriculture but also in washing, sewage, cleaning and in it is use for everyday activities. He stressed that it is necessary to acknowledge the importance of cooperation when dealing with water resources given the existence of many cases where there are political problems between neighboring countries sourced on the management of transboundary water. He affirmed that it is important to realize that water management can also mean an opportunity to increase collaboration.
In his opening remarks and moderating the roundtable, Barrister Tramboo thanked all the guests for participating in the event and invited the speakers to suggest recommendations for the situation of water in conflict. Barrister Tramboo underlined that despite complex situations, record shows that water disputes can be handled diplomatically. Nevertheless, he accentuated that treaties still reveal significant weaknesses since it is countries themselves whom, at the end spell out the applicability of the conventions on their watersheds, so is the case of Pakistan and India and the overlooked role of Kashmir over the water dispute within the region.
Professor Nazir Shawl opened his intervention by affirming that, despite decades of attention, the Kashmir dispute remains one of the most persistent and heated conflicts in international relations. He further elaborated on the current situation stating that water emanating from Kashmir has been gravely misused; more than 67 dams and barrages have been constructed by India in Indian Held Kashmir for the purposes of hydro electrical power generation; this has created many problems for Kashmir and Pakistan. Prof. Shawl emphasized that Kashmiris have been deprived from their own resources by the limitations of the Indus Water Treaty and the desired flow to Pakistan is also threatened. He went on saying that Jammu & Kashmir has been stuck in a development rut that is largely responsible for the lack of stability and security that could play a critical role in the conflict resolution.
Professor Ashok Swain highlighted that despite the lack of trust between Pakistan and India there has been an agreement for more than 52 years. On the other hand, the treaty is 53 years old and it no longer takes the current reality into account. He then stressed on the need to move forward onto a treaty that takes into consideration the Kashmiri needs and demands. He elaborated on how the damns can and are used for geo-strategic purposes but reminded that they also should be used to benefit the region as a whole. He concluded that both India and Pakistan should come forward to renegotiate the Indus Water Treaty Agreement into a comprehensive and integrated form of basin management and establish a joint and independent river basin organisation, the benefit sharing of it will not be limited only to water resources; it might have other peace-enhancing effects and significantly contribute to the regional security and development. It is high time now to move to the next stage in Indus river cooperation.
Dr. Undala Alam emphasised that the Indus Treaty is the only one that has had the World Bank as signatory and that despite it being improbable it still is a remarkable treaty. She particularized that the critical thing about water lies on the fact that it flows; hence water differentiates itself from gold, oil or coal because it cannot be contained, one can only have the illusion of containing it, it will always move on. She brought up the intergovernmental cooperation on the Senegal Basin as an example of outstanding cooperation.
Jean Lambert MEP referred to the 2007 European Parliament resolution on Kashmir and explained how it made reference to the Indus Water Treaty; it urged the Governments of India and Pakistan to resolve the crucial river issues affecting the use of the rivers flowing through Kashmir as swiftly as possible. It also talked about water security and sustainable energy supply for the stability and growth of the region, and to consult the Kashmiri views over the river issues. She also addressed the issue from an ecological point of view stressing the effect pollution and climate change is having on the water conflict in South Asia. She also underlined the economic impact water and its quality has in cotton production, a huge sector in the region’s economy.
Helmut Scholz MEP began by giving the water dispute between Germany and the Czech Republic as an example of how cooperation on water is needed all around the globe. He highlighted that water is also highly important for transport and farming activities. As a member of the Committee on International Trade he remarked that, in relation to water, trade can offer a good opportunity to even economic differences between neighboring countries.
The roundtable discussed in its second part the Palestinian-Israeli water dispute and the human right to water and sanitation in the region. On behalf of the Palestinian Minister of Water, Mr. Almotaz Abadi gave the Palestinian official stand on water issues. He stated that in the occupied State of Palestine a severe water shortages and acute water quality problems continue to negatively affect the lives and livelihoods of more than 4.2 million of Palestinians living in the West Bank and Gaza Strip. He declared that without access to and control over their rightful share of the trans-boundary freshwater resources located in the occupied West Bank, and without an end to Israel’s punitive land, air and sea blockade over the Gaza Strip, Palestinians have little hope of improving their current economic situation and no hope of building a sovereign and viable Palestinian state.
Professor Haim Gvirtzman alleged that water supply under Jordanian Control over Palestine was far less developed than during Israel control. He elaborated on Israeli water control by declaring that 98% of Palestinian villages and towns are now connected to water supply provided by Israel’s water companies, therefore, water supply has tripled in comparison to Jordanian ruling.
Ms. Josephine Barbas gave a different approach to the discussion by addressing the topic under the terms of international law. She explained how the Oslo Accords of 1994 did not have the expected outcome since there was not any improvement of Palestinians access to water. She stated that 60% of the West Bank -thus the access to seawater- is controlled by Israel. She appealed that Palestinians have no access to their rightful water resources. She further addressed the water dispute and Israel’s water control by analyzing it under 3 legal frameworks: the International Humanitarian Law, the International Human Rights Law and the International Water Law.
Dr. Nidal Salim described with figures how difficult it is to the Palestinians to access water and how the lack of accessibility is affecting their health. He stated that destruction of water cisterns, wells and other essential water infrastructure, access to water has become a tool of disposition used by Israel to target some of the most vulnerable Palestinian communities in the occupied Palestinian state resulting in forced displacement and that the current conflict is not between two equals but between one with all the power and another one who is not powerful and hence is being invaded.
Concluding the roundtable, Mr. Frank Schwalba-Hoth stated that development is one of the priorities of the EU over the last decades and indicates it clearly: in the fifties "water policy" was a non-issue, now it has become - in its different facettes - one of the key concerns of the EU. We are confronted with armed conflicts as a consequence of water shortage and lack of respectful cross-border water arrangements; with a decrease of food production through depletion of aquafers; with health problems through water pollution; with social injustice through water privatisation. What is needed is more regional cross-border water manangement and a push towards a new generation of desalinisation technology through decentralised units for local residents. He declared that the EU has to accept its leadership role in a sustainable water policy worldwide.
The roundtable panelists presented various recommendations which will be compiled in due course of time.
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ICHR celebrated World Water Day 2013 with a seminar titled "Thirsting for Justice"
International Council for Human Rights (ICHR) in association with Phil Bennion MEP hosted an interactive dialogue and roundtable discussion entitled Thirsting For Justice at the Residence Palace. The roundtable explored the prevailing situation and approach of the international fraternity towards the environmental concerns and human rights in relation with the water disputes. It cited the existing lacunae and also posited the vitality of ensuring the human rights and quality environment. In this respect, the roundtable focused on the Indo-Pak water dispute and the Kashmir issue and the Israeli-Palestinian water dispute.
Wide range of participants included diplomats, personnel from the European Commission and the Parliament, UN representatives, NGO representatives, civil society leaders, human rights defenders and other interested parties.
Speakers included Barrister A. Majid Tramboo, Chairman of ICHR, Mr. Phil Bennion, Member of the European Parliament, Ms. Jean Lambert, Member of the European Parliament, Mr. Helmut Scholz, Member of the European Parliament, Professor Nazir Shawl, Chairman of the International Chamber of Peace and Conciliation, Professor Ashok Swain, water expert from Uppsala University, Dr. Undala Alam, Indus Water Treaty expert from Warwick University, Dr. Nidal Salim, Director and founder of the Global Institute for Water Environment and Health (GIWEH), Mr. Almotaz Abadi, Special Advisor to the Palestinian Minister of Water Authority, Professor Haim Gvirtzman, the Institute of Earth Science at Hebrew University, Ms. Josephine Barbas, Legal Researcher in the Legal Research and Advocacy Department at Al-Haq Organisation, and Mr. Frank Schwalba-Hoth, Political Strategist and former Member of the European Parliament.
Chairing the first part of the event, Mr. Phil Bennion MEP thanked Barrister A. Majid Tramboo and ICHR for organising the event. He stated that the importance of water lies not only on its use in agriculture but also in washing, sewage, cleaning and in it is use for everyday activities. He stressed that it is necessary to acknowledge the importance of cooperation when dealing with water resources given the existence of many cases where there are political problems between neighboring countries sourced on the management of transboundary water. He affirmed that it is important to realize that water management can also mean an opportunity to increase collaboration.
In his opening remarks and moderating the roundtable, Barrister Tramboo thanked all the guests for participating in the event and invited the speakers to suggest recommendations for the situation of water in conflict. Barrister Tramboo underlined that despite complex situations, record shows that water disputes can be handled diplomatically. Nevertheless, he accentuated that treaties still reveal significant weaknesses since it is countries themselves whom, at the end spell out the applicability of the conventions on their watersheds, so is the case of Pakistan and India and the overlooked role of Kashmir over the water dispute within the region.
Professor Nazir Shawl opened his intervention by affirming that, despite decades of attention, the Kashmir dispute remains one of the most persistent and heated conflicts in international relations. He further elaborated on the current situation stating that water emanating from Kashmir has been gravely misused; more than 67 dams and barrages have been constructed by India in Indian Held Kashmir for the purposes of hydro electrical power generation; this has created many problems for Kashmir and Pakistan. Prof. Shawl emphasized that Kashmiris have been deprived from their own resources by the limitations of the Indus Water Treaty and the desired flow to Pakistan is also threatened. He went on saying that Jammu & Kashmir has been stuck in a development rut that is largely responsible for the lack of stability and security that could play a critical role in the conflict resolution.
Professor Ashok Swain highlighted that despite the lack of trust between Pakistan and India there has been an agreement for more than 52 years. On the other hand, the treaty is 53 years old and it no longer takes the current reality into account. He then stressed on the need to move forward onto a treaty that takes into consideration the Kashmiri needs and demands. He elaborated on how the damns can and are used for geo-strategic purposes but reminded that they also should be used to benefit the region as a whole. He concluded that both India and Pakistan should come forward to renegotiate the Indus Water Treaty Agreement into a comprehensive and integrated form of basin management and establish a joint and independent river basin organisation, the benefit sharing of it will not be limited only to water resources; it might have other peace-enhancing effects and significantly contribute to the regional security and development. It is high time now to move to the next stage in Indus river cooperation.
Dr. Undala Alam emphasised that the Indus Treaty is the only one that has had the World Bank as signatory and that despite it being improbable it still is a remarkable treaty. She particularized that the critical thing about water lies on the fact that it flows; hence water differentiates itself from gold, oil or coal because it cannot be contained, one can only have the illusion of containing it, it will always move on. She brought up the intergovernmental cooperation on the Senegal Basin as an example of outstanding cooperation.
Jean Lambert MEP referred to the 2007 European Parliament resolution on Kashmir and explained how it made reference to the Indus Water Treaty; it urged the Governments of India and Pakistan to resolve the crucial river issues affecting the use of the rivers flowing through Kashmir as swiftly as possible. It also talked about water security and sustainable energy supply for the stability and growth of the region, and to consult the Kashmiri views over the river issues. She also addressed the issue from an ecological point of view stressing the effect pollution and climate change is having on the water conflict in South Asia. She also underlined the economic impact water and its quality has in cotton production, a huge sector in the region’s economy.
Helmut Scholz MEP began by giving the water dispute between Germany and the Czech Republic as an example of how cooperation on water is needed all around the globe. He highlighted that water is also highly important for transport and farming activities. As a member of the Committee on International Trade he remarked that, in relation to water, trade can offer a good opportunity to even economic differences between neighboring countries.
The roundtable discussed in its second part the Palestinian-Israeli water dispute and the human right to water and sanitation in the region. On behalf of the Palestinian Minister of Water, Mr. Almotaz Abadi gave the Palestinian official stand on water issues. He stated that in the occupied State of Palestine a severe water shortages and acute water quality problems continue to negatively affect the lives and livelihoods of more than 4.2 million of Palestinians living in the West Bank and Gaza Strip. He declared that without access to and control over their rightful share of the trans-boundary freshwater resources located in the occupied West Bank, and without an end to Israel’s punitive land, air and sea blockade over the Gaza Strip, Palestinians have little hope of improving their current economic situation and no hope of building a sovereign and viable Palestinian state.
Professor Haim Gvirtzman alleged that water supply under Jordanian Control over Palestine was far less developed than during Israel control. He elaborated on Israeli water control by declaring that 98% of Palestinian villages and towns are now connected to water supply provided by Israel’s water companies, therefore, water supply has tripled in comparison to Jordanian ruling.
Ms. Josephine Barbas gave a different approach to the discussion by addressing the topic under the terms of international law. She explained how the Oslo Accords of 1994 did not have the expected outcome since there was not any improvement of Palestinians access to water. She stated that 60% of the West Bank -thus the access to seawater- is controlled by Israel. She appealed that Palestinians have no access to their rightful water resources. She further addressed the water dispute and Israel’s water control by analyzing it under 3 legal frameworks: the International Humanitarian Law, the International Human Rights Law and the International Water Law.
Dr. Nidal Salim described with figures how difficult it is to the Palestinians to access water and how the lack of accessibility is affecting their health. He stated that destruction of water cisterns, wells and other essential water infrastructure, access to water has become a tool of disposition used by Israel to target some of the most vulnerable Palestinian communities in the occupied Palestinian state resulting in forced displacement and that the current conflict is not between two equals but between one with all the power and another one who is not powerful and hence is being invaded.
Concluding the roundtable, Mr. Frank Schwalba-Hoth stated that development is one of the priorities of the EU over the last decades and indicates it clearly: in the fifties "water policy" was a non-issue, now it has become - in its different facettes - one of the key concerns of the EU. We are confronted with armed conflicts as a consequence of water shortage and lack of respectful cross-border water arrangements; with a decrease of food production through depletion of aquafers; with health problems through water pollution; with social injustice through water privatisation. What is needed is more regional cross-border water manangement and a push towards a new generation of desalinisation technology through decentralised units for local residents. He declared that the EU has to accept its leadership role in a sustainable water policy worldwide.
The roundtable panelists presented various recommendations which will be compiled in due course of time.
{gallery}20130320:74:50:0:2{/gallery}
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ICHR & IHRAAM Celebrated: International Women’s Day - Protecting & Promoting Women's Rights
International Human Rights Association of American Minorities (IHRAAM) and International Council for Human Rights (ICHR) hosted a full day conference entitled Protecting & Promoting Women’s Rights at Palais des Nations. The conference explored international women’s human rights issues in general and conflict areas in particular, and the applicable international legal framework, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the context of violence against women, rape, and women human rights defenders.
Speakers included Barrister A. Majid Tramboo, Chairman of ICHR and IHRAAM’s Permanent Representative to the UN, H.E. Mrs. Angélica C. Navarro Llanos, Ambassador Permanent Representative of Bolivia to the UN, Ms. Isha Dyfan, Chief of Women’s Rights and Gender Section in the office of the UN High Commissioner for Human Rights, Dr. Krishna Ahoojapatel, Permanent Representative of Women's International League for Peace and Freedom (WILPF) to the UN, Prof. Melissa Rancourt, Founder of Greenlight for Girls & the Head of Faculty - Boston University, Prof. Fozia Nazir Lone, Women’s Rights Expert - University of Hong Kong, Mr. Neil Buhne, Director of United Nations Development Programme’s (UNDP) Bureau for Crisis Prevention and Recovery, Prof. Frances Heidensohn, Gender & Justice Expert – London School of Economics and Political Science, Dr. Lale Say - World Health Organisation (WHO), Mrs. Shamim Shawl, Chairperson - Kashmiri Women’s Forum, Dr. Emma Brännlund, NUI Galway University, Ms. Mary-Ann Mills, Vice Chair - the Kenaitze Indian Tribe, Dr. Suzanne M. Clisby, University of Hull, Princess Micheline Djouma, President & Main Representative International OCAPROCE, Prof. Veerle Draulans, Gender Studies - University of Leuven, Ms. Sylvia McAdam, Co-Founder of Idle No More, Dr. Mareike Schomerus, The Justice & Security Research Programme - London School of Economics and Political Science, and Dr. Mazahir Osman, Chairperson of the International Muslim Women’s Union.
Chairing the Opening Plenary, Barrister Tramboo outlined the dedicated work undertaken by the UN, its agencies and by NGOs over the last decade in providing care and sexual health support on the ground, raising global awareness, pursuing ground-breaking legal cases and working with member states to frame vital UN Security Council Resolutions on women, peace and security, including the Resolutions 1325 and 1820. However, he stressed that tackling sexual violence is central to conflict prevention and the human rights fundamentals worldwide and stressed that violence against women must be an urgent priority to the international community. And it also cannot be separated from wider issues of women’s rights. Barrister Tramboo expressed concern about the chilling reports of rapes in Kashmir, Syria, Palestine, Dalits, indigenous peoples and many other conflict areas today along with murder, torture and repression of thousands of innocent civilians.
H.E. Mrs. Navarro commended the work undertaken by the office of the UN High Commissioner for Human Rights, and gave examples about her country’s experience of discrimination against indigenous peoples, women in particular, she highlighted the importance impact of democracy on improving women’s rights.
Ms. Isha Dyfan said the Security Council held an open meeting in December to discuss sexual violence in situations of armed conflict and it expressed deep concern that such violence continued to occur, becoming in some situations “systematic and widespread, reaching appalling levels of brutality.” The Council also unanimously adopted the resolution 1960 which allowed the Secretary General to provide detailed information on parties credibly suspected of responsibility for patterns of sexual violence during armed conflicts. The Council expressed its intention to use such a list of perpetrators as a basis for action, including the consideration of sanctions and other targeted measures.
Chairing the first session, Dr. Krishna Ahoojapatel appreciated holding of the conference and said that usually human rights are discussed in general, yet we fail to acknowledge the women’s human rights. She congratulated the organisers for bringing together a wide-range of experts of women’s human rights from different parts of the world.
Prof. Fozia Nazir Lone stressed that efforts should be encouraged to incorporate women rights concerns at each stage of pre-conflict agreement negotiations so that women rights concerns appear bold in the post-conflict reform when the time comes. Time has come to divorce patriarchal morals in the management of the Kashmir conflict and make it gender oriented so that women are protected. She went on explaining the issue of women in Kashmir as a pre-conflict case study, she stressed that it is time to effect a revolution for protection of Kashmiri women in never ending conflict and it is an hour to reestablish their lost dignity and giving a voice to their silence.
Dr. Lale Say presented the latest work undertaken by World Health Organisation and said that violence against women is a widespread public health and human rights problem and has multiple health, social and economic consequences for the individual, families, communities and society as a whole.
Prof. Frances Heidensohn focused on women and justice, particularly women's experiences of criminal justice. She outlined some key questions and proposed possible solutions for inclusion in an agenda for change.
Judge Mary-Ann Mills highlighted that Alaska has been overlooked by the world as it struggles with every high rates of violence against women and described it as a crime scene. Around one third of all women have been raped. She went on describing that Alaskan women are among the highest rate of sexual violence in the United States. She spoke about how to stop atrocities against indigenous and other women by having absolute self-determination for women and therefore, the right to self-determination being placed at the top of the Human Rights Council agenda.
Dr. Suzanne M. Clisby provided her own definition of violence against women as a continuum for minor acts to major acts of violence during conflicts. She said that we need to look closely at patriarchal societal norms to analyze what the relationship between gender and power is. She described it as relations embedded in society, a rise in gender issues, also a shift from denial of violence to an acceptance that it exists, and noting that violence is underpinned by gender differences.
Prof. Veerle Draulans believes media should be stimulated to reflect the crucial contribution in spreading messages related to women’s rights and to gender related violence. She recommended media not to limit themselves to portray the female body as a signifier of subordination but should portray it as a signifier of resistance.Chairing the second session, Prof. Melissa Rancourt stressed on the need to work together to help inspire and build confidence in girls so they do not feel being a burden, to help them to believe that they deserve to be educated and to be treated the same as anyone in a society. She recommended the creation of an education programme to teach the importance of equal rights, to install confidence and the importance of role models and to inspire children around the world that anything is possible.
Mr. Neil Buhne highlighted the continued support of UNDP/BCPR to women’s access to justice, especially survivors of sexual and gender-based violence. He stressed that any serious shift towards sustainable development requires gender equality.
Representing Kashmiri Women’s Forum, Mrs. Shamim Shawl outlined that there have been many reports of mass rapes carried out by Indian forces in Jammu & Kashmir, which marked the escalation of conflict in the region. Rape most often occurs during crackdowns; cordon-and-search operations where men are held for identification in parks or schoolyards while security forces search their homes. In these situations, the occupying forces frequently engage in collective punishment against the civilian population. Rape is used as a means of targeting women whom the security forces accuse of being militant sympathisers; in raping them, the armed forces are attempting to punish and humiliate the entire community. Rapes are often used as counter attacks to militant strikes on the Indian army. She exemplified by referring to the gang rapes of the Kunan Poshpora tragedy and the Shopian Two Case.
Dr. Mareike Schomerus outlined that there is a disconnection between the political aim and programs and the everyday situations that women face. She emphasised that the base of gender discrimination is the notion of muscularity in the society.
Dr. Emma Brännlund elaborated on the situation in Indian Held Kashmir. She explained how the state of insecurity in the region has affected women’s situation as well as how gender discourses fuel the conflict. She gave details on how the conflict affects women and men differently and how in Kashmir women have been incorporated in freedom and anti-Indian discourse hence the symbolic inclusion of women as “weeping mothers”, “half-widows”, “innocent victims” or “motherland” often used to legitimise war and violence.
Dr. Brännlund explained that sex and sexual violence are very prevalent despite the fact that there are no reliable statistics, this leading to a desecration of the woman’s and the family’s honour; additionally, sexual harassment and eve teasing occurs on everyday life.
Dr. Mazahir Osman emphasised that women in conflict areas are the most vulnerable of all, especially when concerning discrimination and violations of rights. She focused on combating violence against women minorities, as well as the role of media and how it can help to expose violations at the national and international level.
Ms. Sylvia McAdams focused on the current situation in Canada. She explained that the spirit and intent of the Treaty agreements meant that First Nations peoples in Canada would share the land while retain their inherent rights to lands and resources. However this has not occurred and the taking of resources has left many lands and waters poisoned. This has affected negatively the communities’ life style in the light of their own laws, thus obstructing people´s exercise of their rights, especially women who need the land for medical purposes.In the Closing Plenary, under the chairmanship of Barrister Tramboo the two Rapporteurs briefed the Chief of Women’s Rights and Gender Section in the office of the UN High Commissioner for Human Rights, Ms. Isha Dyfan about the recommendations that came from the two sessions and which would be formally submitted to her for the consideration of the High Commissioner for Human Rights and the President of the Human Rights Council.
Ms. Dyfan appreciated that IHRAAM and ICHR organised such conference, and said that she will submit all the recommendations to the High Commissioner for Human Right for her attention. Barrister Tramboo expressed his gratitude to all the distinguished guests, and the huge amount of expertise that was concentrated in the conference and announced the closing of the conference. -
International Women’s Day 2013
International Council for Human Rights (ICHR) and International Human Rights Association of American Minorities (IHRAAM) hosted a full day conference entitled Protecting & Promoting Women’s Rights at Palais des Nations in Geneva on 7th of March 2013. The conference explored international women’s human rights issues in general and within conflict areas in particular, as well as the applicable international legal framework, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the context of violence against women, rape, and women human rights defenders. Following the conference, the Chair and two Rapportuers prepared and compiled the recommendations that came from the two sessions and submitted the following recommendations:
Dr. Krishna Ahoojapatel, Permanent Representative Women's International League for Peace and Freedom
There were multilayered recommendations presented by the panel on how to reduce sexual violence against women and make women more aware of their human rights. However, what was lacking in the analysis of some knowledgeable statements during the session was the deeper cause of why sexual violence -particularly rape- occurs and its direct impact on women´s health, well-being and social and economic structure. Whilst there are several philosophical and political reasons that can be analyzed to explain this, we need to delve deeper into the mindset of the male in order to understand how and why there is frequently a need for them to control women’s bodies to show power and privilege.
The recommendations made by the various speakers differed in methodology and ultimate solutions. Despite this, some common features did emerge from the speakers’ statements, most notably the role of the media in portraying violence and the age old habit of women to submit to and to be subordinate to men. It appears that no systematic effort is being made by any society to integrate and teach males to respect women and to learn to behave in a manner which accorded dignity to women. The serious consequences of violence on health were also discussed. Intergenerational conflict and traditional teaching by women themselves perpetuate the problem as irrespective of the education of the mother, by habit, by tradition, by religious practices, women as mothers continue to discriminate against their daughters.
Prof. Fozia Nazir Lone, Women’s Rights Expert, University of Hong Kong
Women’s human rights in the Kashmir conflict were presented as being different to those experienced by women in Rwanda or Bosnia as this is a conflict which is still continuing, which made it more difficult to find solutions. The speaker mentioned that sexual violence is a weapon of war and is used as such in Kashmir. In addition to rape, other crimes are also committed by the state authorities and administration, such as those carried out whilst conducting body-searches of women. Similar kinds of atrocities took place in Rwanda where acts of genocide where committed against women.
Prof. Lone recommended in the context of the Kashmir conflict that women’s concerns are included at all stages of pre conflict and peace process so that they are included and implemented in the post conflict agreement. A transitional justice system needs to be created, such as truth commissions and other tribunals, to hear and address the concerns of Kashmiri women in conflict, since it is impractical to wait until the conflict ends as this is unlikely in the immediate future.
Dr. Lale Say, World Health Organisation (WHO)
Dr Lale explained that violence against women inflicts much psychological and emotional harm which in turn could lead to further violence and depression and also includes acts such as rape and genital mutilation. Statistics were presented highlighting the widespread prevalence of violence by intimate partners in many societies as well as their consequences on women’s health across cultures.
Accurate statistics are difficult to compile because they differ from continent to continent and from country to country and are also not always reported by women who undergo violence, but the percentages for intimate partner violence are high worldwide. Studies reporting violence in conflict settings or non-partner violence show that these are also highly significant forms of violence against women. Some of the health consequences of violence included: femicide, suicide, AIDs related mortality, maternal mortality, pregnancy complications, abortions, low birth weight, and perinatal problems which could later develop into physiological and behavioral risks.
Speaking on behalf of the World Health Organization (WHO), Lale stressed the need to promote gender equality and the need for a multi-sectoral response in order to reduce the human rights violations that occur. She conveyed these points through quoting rigorous but disturbing statistics, including the high percentage of physical violence on pregnant women.
Mary-Ann Mills, Vice-Chair the Kenaitze Indian Tribe and Tribal Court Judge
Mary -Ann stated that Alaska has been overlooked by the rest of the world as it struggles with very high rates of violence against indigenous women and described the situation in Alaska as a ‘crime scene’. Around one third of all women have been raped: Alaskan women have among the highest rate of sexual violence in the world. There were also high rates of trafficking and death; 86% of raped women have been raped by non- Alaskan men. Mothers prepared their daughters for what to do in the event they were raped. She stated that the US has obligations under international law to protect all people of America, including the women from Alaska. Mary-Ann Mills suggested ways for preventing such atrocities against indigenous women. For all these reasons she stated that Alaska needs self -determination at the top of the Human Rights Council agenda.
Prof. Frances Heidensohn, Gender and Justice Expert, London School of Economics and Political Science
Prof Heidensohn presented 6 steps for improving women´s rights and made some recommendations which included having more women in law enforcement and the criminal judicial system. For example, she advocated more women in police stations and the creation of special courts to hear rape and domestic violence cases by specially trained lawyers. She also recommended more social measures for the empowerment of women to reduce the number of forced marriages and greater access to education. Prof Heidensohn stressed that crimes against women were often not taken seriously, women themselves often did not report such incidents for fear of shame and they attracted light sentences. She suggested that urgent steps must be taken to tackle these inequalities wherever they exist and that gender violence is to be made a high priority. She also emphasized the need for more research from a feminist perspective and stressed that welfare should be considered as a part of judicial procedures. She specifically recommended that Western media should not be copied on the way they portray gender violence.
Prof. Veerle Draulans, Gender Studies, University of Leuven, Belgium / Tilburg University, Netherlands
In her statement, she stressed that “awareness of our own personal views is a precondition for true dialogue”. It should not be forgotten that men and boys can also be victims of violence, although less in number. Unfortunately several countries continued to train children to become soldiers and to kill early in their lives, some as young as seven or eight years of age. For example, in the Democratic Republic of Congo (DRG) children’s work and remuneration in mines were means of financing conflicts.
Prof. Draulans highlighted the tension between the media’s positive role in spreading messages related to women’s rights and gender issues and its negative role in ‘sensationalizing’ sexual and physical violence since such stories ‘sell’. She recommended that media should not portray the woman’s body as a symbol of subordination but rather as a signifier of resistance.
Dr. Suzanne M. Clisby, Women’s Rights and Gender Studies, University of Hull
In Dr Clisby’s analysis, she suggested that violence against women should be considered as a continuum ranging from minor acts to the more serious acts of violence which occur during conflict. She stressed the need to look closely at patriarchal societal norms to analyze the exact relationship between gender and power and how this affects people’s life chances. She described it as a relationship embedded in society, and noted that there had been a large shift from the denial of violence to its existence. She noted that violence was underpinned by gender differences.
Dr. Clisby believed gender based and minority organizations from local to national levels needed continued support to translate good policy rhetoric into good practice. This required resources through funding and capacity building over long periods.
Prof. Melissa Rancourt, Chairperson and Founder, Greenlight for Girls. Head of Faculty, Boston University
An estimated 10 million girls each year are married before the age of 18. It is necessary to encourage education for girls in less advantaged communities, as the NGO Greenlight for Girls does. They have met girls whose families decided that they must fetch water and do the washing rather than to go to school. The girls indicate that they must stay home when they begin their menstruation as their families are worried that their safety is at stake if they left the home unattended, they fear their girls will be the victims of violence and rape. Hence, the main recommendation is:
The creation of an education programme to teach the importance of equal rights, to instil confidence and the importance of role models and to inspire children around the world that anything is possible. And to lead or support any initiative to educate boys and girls, men and women about equal rights and non-discriminatory practices.
Echoing Prof. Lone, Prof. Rancourt recommended the UN to “extend the promise to protect Kashmir’s women whose voices remain muted in a never-ending conflict”.
Dr. Mazahir Osman, Chairperson, International Muslim Women Organization
Women in conflict areas are the most vulnerable of all as regards to discrimination and violations of rights; therefore:
In order to combat violence against women and minorities there must be a special Commission of minority issues to address the needs of minorities -in particular women minorities and their day to day abuses inflicted upon them;
There must be provision of psychosocial services through well trained social workers as well as social provision of development services through women development centres;
The UN should exert more pressure on the rich industrialized countries of the North to be committed to the agreed upon on the 7.7 percentage of their GNP, and be more generous in donating more money and technical assistance to the areas of conflicts and wars- for it is wiser to spend for peace than to spend for war;
Governments in areas of conflicts and war are advised to be more transparent and wiser in their policy making. Furthermore, these Governments should have effective mechanisms to monitor and ensure that these assistance and aids reach those intended for;
The civil society organizations themselves have to foresee, monitor, follow-up and expose any kind of violations and exert pressure on Governments. A very essential role of these organizations is also to raise awareness; and
Mass media's role is to expose violations on the local level, whereas at the international level it is to call and appeal for more humanitarian assistance and financial aids, while exposing those who incite conflicts and wars, and to expose all extremists from all sides and have their efforts failed and aborted.
Dr. Emma Brannlund, Women activism in Kashmir, NUI Galway University
Kashmir Valley, in the Indian state of Jammu and Kashmir, is in a state of insecurity. The more than 60 years of international conflict has had immense impact on Kashmiri society; among many concerns are unemployment, destroyed infrastructure, low economic development, broken families and widespread depression, anxiety, as well as other mental health problems. The conflict has had disproportionate effect on civilians and over 70000 people have been killed since the insurrection started in 1989 (Butalia, 2002). The gendered nature of conflict has resulted in different impact on women and men respectively. Since 2010there has been renaissance in civil activism in Kashmir; the socio-political climate in Kashmir is now conducive to support and engage pro-actively with groups working on the ground, supporting women activists, especially the younger generation. Therefore, according to the following issues, it is necessary to:
Legal issues:
Work towards a gender sensitive police and judiciary;
Repeal the Armed Forces Special Powers Act (AFSPA) and the Public Safety Act (PSA);
React against new proposed Police Bill;
Have more women’s police stations in Srinagar and urban Kashmir; and
Create and implement a Women’s Reservation Bill.
Social Issues:
Raise awareness around gendered violence – in specific Domestic Violence and eve teasing;
Support organisations dealing with half-widows and widows;
Organise workshops on gender roles for both boys and girls/men and women;
Improve Sex education;
Work to empower girls and women in different ways;
Support girls’ involvement in after school activities, such as arts classes and sports; and
Support structures for women’s meetings, roundtables and conferences, where women from different sections of society and ages can meet and share experiences.
Sylvia McAdam, Co-founder, Idle No More
The spirit and intent of the Treaty agreements in Canada meant that First Nations Peoples in Canada would share the land while retain their inherent rights to lands and resources. However this has not occurred and the taking of resources has left many lands and waters poisoned. This has affected negatively the communities’ life style in the light of their own laws, thus obstructing people´s exercise of their rights, especially women who need the land for medical purposes. Measures must be taken to address this trespass:
Oppose Omnibus Bill C45 and any other legislation that extinguish the Treaty of Rights of Indigenous Peoples; and
Help expose the devastation in land, water, animal welfare and human life in the Treaty territories in the Canadian State in order to improve women’s rights and the community altogether.
Princess Micheline Djouma, President, OCAPROCE
Cases of violence against women are the most frequent and most pernicious matter of violation of human rights. Sexual violence and rape are considered the most undeclared crimes in the world. Furthermore, genital mutilation is one of the many violent acts against young women and girls which leads to health problems, not only physical ones but also psychological, and it increases -according to specialists- the risk of HIV infection. Despite several international declarations there is still a lack of the necessary political initiative and will to tackle these violations. Hence it is necessary to:
Empower women at the negotiation table and within the state institutions;
There must be a simplification and a following promotion of texts relating to women’s rights to make these legal instruments accessible to the citizenry;
Plans must be made in the political, economic, social and jurisdictional scope;
The access to judicial procedures must be free of charge and simplified, for women to fully exercise their right to justice;
Prevention must be primary, multi-sectorial and multifaceted;
Prevention must not only be targeted to women and girls but also to men and boys; and
There must be campaigns and a policy of sensitization to make society realize the negative impacts violence has over the health of the victims.
Dr. Mareike Schomerus, Justice and Security Research, London School of Economics and Political Science
Transformative change needs a determined shift: away from normative values, away from frameworks that are too general to be implementable. Instead, specific understanding of contexts and situations in which a whole range of women find themselves needs to be analysed and understood to develop measure that can bring about substantial change.
Ms. Shamim Shawl, International Muslim Women’s Union
Kashmiri women contributed a lot in all aspects of life during the ongoing armed conflict in the region. But here is not enough International and intellectual debate on this subject, their movement has not found much voice beyond the Kashmir valley. According to Human Rights Watch’s ‘World Report’ on India in 2012, impunity for abuses committed by Indian forces continue in Jammu and Kashmir. Government report states that only one person has been convicted of rape there in the last five years and the majority of cases are still undergoing investigation. According to authentic international organisations, over 10,000 women have been raped in Kashmir between 1989 and 2013. As such it is recommended:
There must be specific focus on the situation in Kashmir with further investigation on the violent rapes that have taken place in Indian Held Kashmir as it is clear that the military officers from the Indian military are responsible for war crimes, and the Indian government needs to hold perpetrators to account for their actions;
There needs to be a system of accountability for such crimes, and the Acts such as the Armed Forces Special Powers Act (AFSPA), should not be used to exempt officers for such crimes;
Accusations of rape need to be taken seriously, and prompt investigation by local police should be supported. Special training should also be provided to police officers in order to help them collect sufficient evidence that can be presented at any trial. Human Rights Watch recommends allegations to be tried in civilian courts rather than military ones in order to promote transparency, and that those convicted of such crimes should be punished and named openly, in order to serve as a deterrent to any would be rapists;
Police and doctors; who would be the first point of contact with victims of rape should also be trained in dealing with victims in a sensitive manner, whereby they can be guaranteed some form of privacy, in order to avoid them becoming stigmatized;
Human Rights organisations and the media must also be sensitive to the victims of rape, as they often have to recount their tragedy which can be traumatic. Many have had their pictures taken by the media, which may be counter productive for many women, as they can be easily identified and singled out for harassment. Such reporting also needs to be followed up by organisations;
The lack of psychological rehabilitation clinics and camps for women in Kashmir is very important and must be addressed;
The absence of women from negotiations at conflict zones is another reason to advocate women victims;
Impartial and independent investigation of all cases of rape in Kashmir; and
Special Rapporteur on violence against women needs to undertake a visit to Kashmir.
Dr. Neil Buhne, Bureau for Crisis Prevention and Recovery, United Nations Development Fund (UNDP)
Women remain under-represented in the political, economic and social (including legal) spheres in conflict and post conflict contexts. In terms of programming, in general, the international community has failed to deliver adequately for women and girls and this arena of work is poorly financed. The SG Report on Women’s Participation in Peacebuilding (2010) has a seven point action plan for gender-responsive peacebuilding in three of areas, namely:
Inclusive economic recovery: given that there are suggestions that a relationship between jobs, social cohesion, female employment and peaceful decision-making;
Inclusive governance: Women often participate in movements for change in diverse roles but rarely enjoy participation and voice in post-conflict interim and permanent institutional structures. While UNDP and partners have contributed significantly to women’s political participation in post-conflicts, current trends in the world suggest that we need to protect the gains for women in those settings and address possible regression of women’s rights in many other regions; and
Access to Justice, especially for survivors of sexual and gender-based violence, with a strengthening of the Rule of Law given that many national laws and judicial systems continue to discriminate against women, both in law and in enforcement.
Overall, there must be more emphasis on the implementation not only on monitoring and reporting. There must be recognition that there are issues with gender differences in resilience when dealing with crisis and these issues need to be addressed. Women are affected differently in conflict than they are in war; conflict can further marginalize women."
The recommendations have been conveyed to the United Nations Office of the High Commissioner for Human Rights and the United Nations Human Rights Council, as well as to all the relevant institutions that integrate the European Union.
Speakers included Barrister A. Majid Tramboo, Chairman of ICHR and IHRAAM’s Permanent Representative to the UN, H.E. Mrs. Angélica C. Navarro Llanos, Ambassador Permanent Representative of Bolivia to the UN, Ms. Isha Dyfan, Chief of Women’s Rights and Gender Section in the office of the UN High Commissioner for Human Rights, Dr. Krishna Ahoojapatel, Permanent Representative of Women's International League for Peace and Freedom (WILPF) to the UN, Prof. Melissa Rancourt, Founder of Greenlight for Girls & the Head of Faculty - Boston University, Prof. Fozia Nazir Lone, Women’s Rights Expert - University of Hong Kong, Mr. Neil Buhne, Director of United Nations Development Programme’s (UNDP) Bureau for Crisis Prevention and Recovery, Prof. Frances Heidensohn, Gender & Justice Expert – London School of Economics and Political Science, Dr. Lale Say - World Health Organisation (WHO), Mrs. Shamim Shawl, Chairperson - Kashmiri Women’s Forum, Dr. Emma Brännlund, NUI Galway University, Ms. Mary-Ann Mills, Vice Chair - the Kenaitze Indian Tribe, Dr. Suzanne M. Clisby, University of Hull, Princess Micheline Djouma, President & Main Representative International OCAPROCE, Prof. Veerle Draulans, Gender Studies - University of Leuven, Ms. Sylvia McAdam, Co-Founder of Idle No More, Dr. Mareike Schomerus, The Justice & Security Research Programme - London School of Economics and Political Science, and Dr. Mazahir Osman, Chairperson of the International Muslim Women’s Union.
Chairing the Opening Plenary, Barrister Tramboo outlined the dedicated work undertaken by the UN, its agencies and by NGOs over the last decade in providing care and sexual health support on the ground, raising global awareness, pursuing ground-breaking legal cases and working with member states to frame vital UN Security Council Resolutions on women, peace and security, including the Resolutions 1325 and 1820. However, he stressed that tackling sexual violence is central to conflict prevention and the human rights fundamentals worldwide and stressed that violence against women must be an urgent priority to the international community. And it also cannot be separated from wider issues of women’s rights. Barrister Tramboo expressed concern about the chilling reports of rapes in Kashmir, Syria, Palestine, Dalits, indigenous peoples and many other conflict areas today along with murder, torture and repression of thousands of innocent civilians.
H.E. Mrs. Navarro commended the work undertaken by the office of the UN High Commissioner for Human Rights, and gave examples about her country’s experience of discrimination against indigenous peoples, women in particular, she highlighted the importance impact of democracy on improving women’s rights.
Ms. Isha Dyfan said the Security Council held an open meeting in December to discuss sexual violence in situations of armed conflict and it expressed deep concern that such violence continued to occur, becoming in some situations “systematic and widespread, reaching appalling levels of brutality.” The Council also unanimously adopted the resolution 1960 which allowed the Secretary General to provide detailed information on parties credibly suspected of responsibility for patterns of sexual violence during armed conflicts. The Council expressed its intention to use such a list of perpetrators as a basis for action, including the consideration of sanctions and other targeted measures.
Chairing the first session, Dr. Krishna Ahoojapatel appreciated holding of the conference and said that usually human rights are discussed in general, yet we fail to acknowledge the women’s human rights. She congratulated the organisers for bringing together a wide-range of experts of women’s human rights from different parts of the world.
Prof. Fozia Nazir Lone stressed that efforts should be encouraged to incorporate women rights concerns at each stage of pre-conflict agreement negotiations so that women rights concerns appear bold in the post-conflict reform when the time comes. Time has come to divorce patriarchal morals in the management of the Kashmir conflict and make it gender oriented so that women are protected. She went on explaining the issue of women in Kashmir as a pre-conflict case study, she stressed that it is time to effect a revolution for protection of Kashmiri women in never ending conflict and it is an hour to reestablish their lost dignity and giving a voice to their silence.
Dr. Lale Say presented the latest work undertaken by World Health Organisation and said that violence against women is a widespread public health and human rights problem and has multiple health, social and economic consequences for the individual, families, communities and society as a whole.
Prof. Frances Heidensohn focused on women and justice, particularly women's experiences of criminal justice. She outlined some key questions and proposed possible solutions for inclusion in an agenda for change.
Judge Mary-Ann Mills highlighted that Alaska has been overlooked by the world as it struggles with every high rates of violence against women and described it as a crime scene. Around one third of all women have been raped. She went on describing that Alaskan women are among the highest rate of sexual violence in the United States. She spoke about how to stop atrocities against indigenous and other women by having absolute self-determination for women and therefore, the right to self-determination being placed at the top of the Human Rights Council agenda.
Dr. Suzanne M. Clisby provided her own definition of violence against women as a continuum for minor acts to major acts of violence during conflicts. She said that we need to look closely at patriarchal societal norms to analyze what the relationship between gender and power is. She described it as relations embedded in society, a rise in gender issues, also a shift from denial of violence to an acceptance that it exists, and noting that violence is underpinned by gender differences.
Prof. Veerle Draulans believes media should be stimulated to reflect the crucial contribution in spreading messages related to women’s rights and to gender related violence. She recommended media not to limit themselves to portray the female body as a signifier of subordination but should portray it as a signifier of resistance.Chairing the second session, Prof. Melissa Rancourt stressed on the need to work together to help inspire and build confidence in girls so they do not feel being a burden, to help them to believe that they deserve to be educated and to be treated the same as anyone in a society. She recommended the creation of an education programme to teach the importance of equal rights, to install confidence and the importance of role models and to inspire children around the world that anything is possible.
Mr. Neil Buhne highlighted the continued support of UNDP/BCPR to women’s access to justice, especially survivors of sexual and gender-based violence. He stressed that any serious shift towards sustainable development requires gender equality.
Representing Kashmiri Women’s Forum, Mrs. Shamim Shawl outlined that there have been many reports of mass rapes carried out by Indian forces in Jammu & Kashmir, which marked the escalation of conflict in the region. Rape most often occurs during crackdowns; cordon-and-search operations where men are held for identification in parks or schoolyards while security forces search their homes. In these situations, the occupying forces frequently engage in collective punishment against the civilian population. Rape is used as a means of targeting women whom the security forces accuse of being militant sympathisers; in raping them, the armed forces are attempting to punish and humiliate the entire community. Rapes are often used as counter attacks to militant strikes on the Indian army. She exemplified by referring to the gang rapes of the Kunan Poshpora tragedy and the Shopian Two Case.
Dr. Mareike Schomerus outlined that there is a disconnection between the political aim and programs and the everyday situations that women face. She emphasised that the base of gender discrimination is the notion of muscularity in the society.
Dr. Emma Brännlund elaborated on the situation in Indian Held Kashmir. She explained how the state of insecurity in the region has affected women’s situation as well as how gender discourses fuel the conflict. She gave details on how the conflict affects women and men differently and how in Kashmir women have been incorporated in freedom and anti-Indian discourse hence the symbolic inclusion of women as “weeping mothers”, “half-widows”, “innocent victims” or “motherland” often used to legitimise war and violence.
Dr. Brännlund explained that sex and sexual violence are very prevalent despite the fact that there are no reliable statistics, this leading to a desecration of the woman’s and the family’s honour; additionally, sexual harassment and eve teasing occurs on everyday life.
Dr. Mazahir Osman emphasised that women in conflict areas are the most vulnerable of all, especially when concerning discrimination and violations of rights. She focused on combating violence against women minorities, as well as the role of media and how it can help to expose violations at the national and international level.
Ms. Sylvia McAdams focused on the current situation in Canada. She explained that the spirit and intent of the Treaty agreements meant that First Nations peoples in Canada would share the land while retain their inherent rights to lands and resources. However this has not occurred and the taking of resources has left many lands and waters poisoned. This has affected negatively the communities’ life style in the light of their own laws, thus obstructing people´s exercise of their rights, especially women who need the land for medical purposes.In the Closing Plenary, under the chairmanship of Barrister Tramboo the two Rapporteurs briefed the Chief of Women’s Rights and Gender Section in the office of the UN High Commissioner for Human Rights, Ms. Isha Dyfan about the recommendations that came from the two sessions and which would be formally submitted to her for the consideration of the High Commissioner for Human Rights and the President of the Human Rights Council.
Ms. Dyfan appreciated that IHRAAM and ICHR organised such conference, and said that she will submit all the recommendations to the High Commissioner for Human Right for her attention. Barrister Tramboo expressed his gratitude to all the distinguished guests, and the huge amount of expertise that was concentrated in the conference and announced the closing of the conference. -
World Day of Social Justice - A Kashmir Perspective
“Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights."
Vienna Declaration and Programme of Action (June 1993)
The International Council for Human Rights - Kashmir Project (ICHR-KP) observes the World Day of Social Justice by drawing the world’s attention to the injustices faced by the people of Kashmir for more than six decades.
Social justice is an underlying principle for peaceful and prosperous coexistence within and among nations. The principles of social justice are upheld when gender equality or the rights of indigenous peoples and migrants are promoted.
ICHR endorses that for the United Nations, the pursuit of social justice for all is at the core of their global mission to promote development and human dignity. The adoption by the International Labour Organization of the Declaration on Social Justice for a Fair Globalization is just one recent example of the UN system’s commitment to social justice.
Barrister A. Majid Tramboo, Chairman of ICHR - KP emphasised that “The Kashmir scenario offers some unique challenges along with six decades of protracted injustice while at the same time facing many of the hurdles that are faced elsewhere”
He questioned that “With torture, arbitrary detention, arbitrary arrest, extra-judicial execution, sexual violence commonplace and the high military and paramilitary presence what future there can be for social justice in Kashmir?”
Barrister Tramboo concluded that “There can be no justice for the people of Kashmir without achieving their right to self-determination.”
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ICHR & IHRAAM Celebrated: United Nations Human Rights Day
The International Council for Human Rights (ICHR) and Kashmir Centre.EU (KCEU) in association with International Human Rights Association of American Minorities (IHRAAM) today hosted a luncheon seminar entitled Human Rights in Flames close to the 65th anniversary of the signing of the Universal Declaration of Human Rights. The event discussed all aspects of human rights with a focus on the status of human rights in conflict areas such as Kashmir and Palestine.
Speakers included Barrister A. Majid Tramboo, Chairman of the ICHR Kashmir Centre.EU, Ricardo Espinosa NGO Liason Officer from the United Nations Office, Phil Bennion MEP, Member of the Subcommittee on Human Rights, Nicole Sinclaire MEP, Member of the Subcommittee on Human Rights, Zofija Kukovic MEP, Member of Delegation for relations with India, Slavi Binev MEP, Member of the Subcommittee on Human Rights, Krisztina Morvia MEP, Member of the Committee on Women's Rights and Gender Equality, Salim Wadia, the Political Advisor of the Palestinian Authority, Senator Jahanjir Badar, the Secretary General to the PPP, Prof. Nazir A. Shawl, Chairman of Kashmir Centre London, David Bowe, Former MEP and South Asia Expert, Prof. Melissa Rancourt, Head of faculty of Boston University, Prof. Satvinder Juss, Human Rights Expert from King’s College, Prof. Elvira Dominguez Redondo, Human Rights Expert from Middlesex University, Dr. Ishtiaq Ahmad, Human Right Expert from Oxford University, and P.J. Mir, South Asia Expert. The event was moderated by Mr. Frank Schwalba-Hoth, Former MEP and political strategist.
In his opening remarks Barrister Tramboo, outlined the path that had been taken in pursuance of a global human rights mechanism since the signing of the Universal Declaration on December the 10th, 1948. He discussed how in recent years numerous examples of human rights problems that still need to be solved. He went on to outline the work that is undertaken by ICHR, IHRAAM & Kashmir Centre.EUand stated that the people of Kashmir, and their representatives at the European Kashmir Centres, would not waver in their commitment to the struggle until such a time as human rights are respected in Indian Held Kashmir and the people there are granted their right to self-determination.
In his introductory remarks on the importance of the Human Rights Day, Mr. Ricardo Espinosa said that human rights are and must continue to be the heart of the United Nations and its charter, as without advocacy for human rights, the UN cannot succeed completely in any other endeavors. He emphasized that the time to work together to put out the “Human Rights Flames” has already begun and the United Nations has put in place all mechanism, and at the end, progress comes down to the people, and their efforts count.
Prof. Nazir Shawl thanked ICHR Kashmir Centre.EU for organising this event and for its continuous work and efforts to raise the cause of Kashmir. He argued that an ostrich like approach does not solve problems and it is about the time that the international community acknowledges the gravity of the Kashmir dispute as it continues to perpetrate the South Asian regional cold war, where the international community and all well-wishers of peace would like to avert another war. He added that the Kashmir dispute has not been yet settled by the United Nations, but he expressed his firm belief that it will never be settled without the Unitted Nations, and settlement does not mean a hollow truce or a patchwork arrangement, but a comprehensive agreement which can be called the realisation of self-determination by the people of Jammu & Kashmir.
Advisor Salim Wadia explained that Israeli reaction to last week’s vote recognising the Palestinian territories as a “nonmember observer state” led to withholding more than $100 million every month in tax revenue to the Palestinian Authority by the Israelis since they decided to go to the UN bid in 2011. He also deplored that the Israeli Prime Minister Netanyahu gave the green light to build more than 3000 illegal houses in Jerusalem in the most sensitive area E1, which will make the two states solution near impossible to be implemented.
Phil Bennion MEP has warned that India's continued use of the Public Safety Act to lock up political opponents is a block to a Kashmir peace process as well as gross abuse of human rights. He highlighted the continued use by India of the Public Safety Act and the Armed Forces Special Powers Act to detain politicians, lawyers and others who challenge the status quo by peaceful dissent. He condemned the use of the Public Safety Act in Jammu & Kashmir and urged the European Parliament to crack it down and to make very strong statements about it to India.
Nicole Sinclaire MEP questioned why in 2012 the world is still learning of murder, torture, and “disappearances” in Jammu and Kashmir, and why violence against women and children is rising, and mass graves are still being discovered. She also expressed her concern about President Obama having reneged his promise to deal with the Kashmir issue. She expressed her disappointment on President Obama ruling out the possibility of outside influence being brought to bear on India or Pakistan to resolve the Kashmir issue. She Concluded that without outside scrutiny and pressure, there is little incentive to curb human rights abuses in Indian Held Kashmir.
Slavi Binev MEP said that it was unfortunate that at such celebrations we are forced to discuss the areas in which positive progress may still remain illusive but that in discussing those issues we can make the required progress. He also stressed on the importance of freedom of speech as a fundamental right to achieve a real democracy, and criticized the role of the media in misinforming the public. He concluded that “there is no freedom after the freedom of speech”.
Zofija Kukovic MEP explained that human rights' challenges are all around us. The situation concerning human rights differs from one country to another and from one continent to another. Unfortunately for many people around the globe human rights are still a distant and intangible illusion. She concluded that the world is facing different, new and old challenges when it comes to human rights. For all of these reasons there is still a lot to be done in her country, at EU level and around the globe.
Krisztina Morvai MEP said that in order to engage on understanding human rights, it’s important to listen and to be on the ground. She raised the problem of domestic violence against women in conflict areas, and urged to eradicate the violence against women and children, and make a serious attempt to establish a peaceful world.
Former MEP David Bowe explained that the main problem in Indian Held Kashmir is the huge presence of the Indian military and its impact on the human rights of the Kashmiri people. He urged the members of the European Parliament to put more pressure on India in order to make progress by starting to ask the right questions in the Free Trade Agreement (FTA). He emphasized that India will react and respond to pressure if it was practiced by the MEPs.
Prof. Satvinder Juss said that the Judiciary system and the Armed Forces Special Powers Act (AFSPA) are the biggest violators of human rights in Indian Held Kashmir. He expressed his dismay about the current stalemate on Palestine.
Prof. Elvira Dominguez Redondo criticized the use of armed forces in conflict areas on the minimum standards of human rights related to torture, rape and disappearance. She also expressed her optimism on the improvements that have been done in the field of human rights in the western states of the world.
Prof. Melissa Rancourt highlighted the importance of debating human rights in our day to day life and how it can help having better understanding. She gave examples of how small steps can make a big difference in the human rights field.
P.J. Mir said that International organisations should be on board with KCEU and not give credits to union and self propelled organisations who act only for their personal egos rather than the cause of Kashmir.
Dr. Ishtiaq Ahmed said that entire contest in the world is between civilization and barbarism, the former is reflected in the international fundamental rights and its ideals as well as various institutions, conventions and protocols of the UN. The later, is denoted by Israeli approach towards palestinians and Indian policy in Kashmir. He also said that Human rights violations in occupied palestine and the disputed Kashmir are only a contemn of the non-resolution of the two principle lingering disputes confronting the muslims’ world.
The seminar concluded by paying tribute to Eleanor Roosevelt in respect of the Universal Declaration of Human Rights, which remains a guiding principle on human rights around the world.
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Human Rights in Flames Report launched on India's UPR 2012 at United Nations Human Rights Council in Geneva
International Council for Human Rights (ICHR) together with its ECOSOC partner international Human Rights Association of American Minorities (IHRAAM) supported by International Association of Schools of Social Work, International Educational Development, Jammu & Kashmir Bar Association, Indigenous Peoples & Nations Coalition, India Council of South America and Kashmir Centre.EU, launched the ICHR Kashmir Report 2012 “Human Rights in Flames” at the Palais des Nations, Geneva. In addition to Barrister A Majid Tramboo, Chairman of ICHR, Dr. Mirwaiz Muhammad Umar Farooq, Chairman, All Parties Hurriyat Conference, Dr. Karen Parker of International Educational Development, Professor Nazir Ahmed Shawl, Chairman, Kashmir Centre London and Dr Ishtiyaq Ahmed of Oxford University, being in attendance there were a flurry of Diplomats, UN Officials, Human Rights Organisations and experts who participated in the proceedings. Dr Frank Schwalba-Hoth, former MEP and a Political Strategist moderated the launch event.
Introducing the report, Barrister A Majid Tramboo declared that “Human Rights in Flames” relates to the gross human rights violations in the Indian Held Kashmir since 2008, when the first cycle of India UPR was completed. He further stated that the report is devised in various chapters giving both factual and legal background of the Kashmir issue, description of the Indian black laws applicable in Indian Held Kashmir and having those laws contrasted with the international human rights and humanitarian laws and providing details and graphs of different types of human rights abuses perpetrated upon the Kashmiris by the Indian occupation forces evidenced with case studies. Barrister Tramboo affirmed that the evidence produced in the report is from independent sources and properly corroborated.
Launching the report, Dr. Mirwaiz Muhammad Umar Farooq, commended the remarkable work undertaken by the ICHR team leading to the publication of the report. He found the “Human Rights in Flames” an accurate reflection of human rights abuses taking place on the ground in Indian Held Kashmir. He implored upon the UN Human Rights Council to take serious notice of extra-judicial killings, fake encounters, disappearances, molestations and rapes and torture that occurs on a daily basis in IHK. He further indicated that even our religious rights are being curtailed and interfered by the Indian administration, as he is personally routinely house arrested on Friday prayers. He was even denied to participate in the recent Eid prayers. It needs to be borne in mind that Mirwaiz is not only a political leader but a religious head as well.
Dr Karen Parker expressed satisfaction on the completion and introduction of “Human Rights in Flames” as her organisation has fully supported its publication. She brought it to the notice of the delegates that she has been working on the Kashmir issue for the last thirty years and that from time to time, her organisation has produced similar reports on Kashmir though they were smaller in size. She found “Human Rights in Flames” a comprehensive study and a credible documented report. Expressing her concern, based on her personal experience, she stressed that India always manipulates the UN mechanism to its advantage in a manner that such credible reports do not receive the attention they deserve.
Professor Nazir Ahmed Shawl congratulated the ICHR team for producing “Human Rights in Flames” on the second cycle of the India UPR. He stated that he has fully studied the report and as an activist working on the Kashmir situation, he finds that the report presents a realistic picture as it exists in Indian Held Kashmir. He emphasised upon the UN Human Rights Council to adopt the recommendations put forward by the working group on UPR. He described Kashmiris as humans without human rights. He declared that he would continue to work until the people of Jammu & Kashmir are given their inalienable right to self determination and that there is complete cessation of human right abuses towards Kashmiris by the Indian Occupation Forces.
Dr Ishtiyaq Ahmad declared that he studied “Human Rights in Flames” objectively. He informed the delegates that he “googled” Kashmir but did not find any comprehensive report on human rights violations covering all aspects of human rights under International Law. Therefore, in his assessment “Human Rights in Flames” is the first report, which is not only comprehensive but covers every essential human rights violation in IHK. He found that the Kashmir specific recommendations in the report are very relevant and asked the Human Rights Council to incorporate them in the final adopted report.
Following the launch, copies of “Human Rights in Flames” were distributed and the British channel 4 documentary “Kashmiris Torture Trail” was shown which the delegates found disturbing and heart-breaking.
Dr Schwalba-Hoth, on the conclusion of the proceedings, thanked the panellists and the delegates for their participation.
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