Engendering Course of Actions

Reflecting CEDAW: Through VAWIP lens

Women's activism in the global arena has resulted in various documents and instruments that help in ensuring and promoting women's political participation. There are a number of relevant international instruments that cover more specific areas of interest and concerns of women.

These instruments support the principle of non-discrimination on the grounds of sex; they have spoken about Violence against Women; they have spoken about the political rights of women. But none of these existing instruments and legal provisions addresses the specific issue of violence against women in politics (VAWIP).

A brief analysis of CEDAW from a VAWIP perspective

Introduction

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
The Convention provides the basis for realizing equality between women and men by ensuring women's equal access to, and equal opportunities in, political and public life.

Ratification and Reservation

The CEDAW is one of the most highly ratified international human rights conventions, having the support of 185 States parties (until 2006). Ratification status of CEDAW in South Asian context;

  • Bhutan - 1981.
  • Nepal - 1991
  • Sri Lanka - 1981
  • India - 1993 with a reservation
  • Maldives - 1993 with reservation.
  • Pakistan - 1996 with a reservation
  • Afghanistan - 2003.

Political Participation

The CEDAW is an important international treaty that upholds the importance of women's involvement in the political machinery of State Parties.
Articles 2 to 4 of the CEDAW call on State Parties to actively pursue the elimination of discrimination in women's political participation through legal and temporary special measures and affirmative action.
Article 7 of the CEDAW instructs State Parties to "take all appropriate measures to eliminate discrimination against women in the political and public life of the country". It ensures women, "on equal terms with men, the right:

  • To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
  • To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; and,
  • To participate in non-governmental organisations and associations concerned with the public and political life of the country."

Article 8 brings women's political rights to the international arena. It instructs State Parties to "take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organisations."
The CEDAW Committee's General Recommendation 23 on Women in Political and Public Life provides overviews on women's political and public lives and needs in various parts of the world. Importantly, it clarifies how CEDAW provisions on women's political participation and priority measures can be implemented at the national/local and international levels. 1

Violence against Women

The convention is concerned with discrimination but fails directly to address violence against women. CEDAW articles of course have relevance to women’s experience of violence but no explicit mention is made of the need to tackle VAW, nor is any definition of violence provided. This fails to create a real incentive for states to act against violence and neglects to set up a mechanism through which to monitor state progress in this area. This gap has been recognized as a significant shortcoming of the Convention. Although violence against women is not mentioned in CEDAW, in its General Recommendation No. 19, the Committee on the Elimination of Violence against Women recognizes that gender-based violence amounts to discrimination under CEDAW.

Violence against women in politics

The CEDAW supports the principle of non-discrimination on the grounds of sex. It has spoken about the political rights of women. Further it has spoken about Violence Against Women (VAW). But it is silent on the grounds of violence against women in politics (VAWIP), in particular.

Conclusion

CEDAW is silent on the grounds of violence against women in politics. No provisions are found there to ensure safe and secured environment in politics for women. Athough it has bettered the position of women, we have not reached the stage where we can fully protect the political rights of women and create a safe and secured space for women in politics.