The first court ruling on enforced sterilization was awaited with anticipation since it was expected to set an important precedent. Helena Ferencikova from Ostrava won her case and the court ruled that the maternity hospital in question should acknowledge malpractice and apologize to her. Mrs. Ferencikova says this is not enough, and is demanding a million crowns in compensation. Several other women have followed her example and the enforced sterilization suits will be settled on a case-by-case basis. Roma rights advocates think there should be a blanket form of compensation for all Roma women who can prove their case.

By far the most disturbing aspect of this story is that there are some who suggest the practice of enforced sterilizations may not have been completely eradicated. According to Jaroslav Fajrajzl, the head of the Podoli Maternity Hospital, the currently valid law, which dates back to the 1970s, stipulates that doctors can perform sterilization for health reasons or at a patient's request. Dr. Fajrajzl says that possibly the most controversial part of the law - and one that relates to the Roma cases - is the recommendation that sterilization is advisable for health reasons following a second or third Caesarian section. The thirty year old law on health care is about to be amended. Meanwhile, the Ombudsman's Office has put forward a series of recommendations as regards sterilizations. They are that: a woman should have at least seven days to make up her mind whether or not to undergo sterilization and that the hospital should provide an easy-to-understand brochure which explains the procedure and all its implications.

Published in: Romany Women Report Cases of Enforced Sterilization, Daniela Lazarova, Radio Prague, 13 January 2006.

Contents of the www pages at www.radio.cz is © 1996 - 2006 Radio Prague, Czech Radio 7.

All rights reserved. Radio Prague grants the right to redistribute this information in electronic or in printed form, in whole or in part for non-commercial use only; distribution must include this copyright notice, the date of publication, and Radio Prague's postal or e-mail address *unless specific agreement is reached with Radio Prague.*

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Women and Power in Central Asia (Part I)
1/22/2006

In the 1920s, when Bolshevik governments were set up throughout the region, Central Asian women experienced unprecedented changes. Women threw off their "paranja" -- the Islamic dress that covers a woman from head to toe -- as the Soviet state introduced equal gender rights and formal equality under law, including quotas. Quotas were built into the school system, government, parliament -- and even the Soviet Army.

"One of the things that happened after Uzbekistan became independent is rediscovery and a rebuilding of Uzbek nationalism," says Alison Gill, who researches Uzbekistan for the New York-based Human Rights Watch. "But, unfortunately, one of the negative consequences of that has been that the government -- as it has pursued its policy of reviving Uzbek nationalism and Uzbek identity -- has reverted to some old-fashioned, or traditional, ideas about women, and encouraged traditional gender stereotypes." Along with a strengthening of those stereotypes, more and more girls are dropping out of secondary schools, according to the United Nations Development Program (UNDP). Many Central Asian families, meanwhile, have strong prescribed gender roles. Women are subservient and often fall victim to violence and abuse from husbands and in-laws.

Rebuilding nationalism in post-Soviet Central Asia also meant a revival of Islam.
Islamic scholars such as Sheikh Muhammad Sodiq Muhammad Yusuf, based in the Uzbek capital Tashkent, say Islam grants equal rights to women and men. Nonetheless, many women find it difficult to find support among their male relatives or religious scholars themselves. Gender stereotypes are rooted not only in religious traditions, of course, but also in lifestyles. Burdened with stereotypes, Central Asian women have also had to cope with economic hardship, including unemployment and poverty. Many have had to become their family's main breadwinner. In some cases, this has opened up opportunities to pursue careers in business -- a field that so far has proven more welcoming to women than politics. Kyrgyzstan, where women have historically been politically active, is illustrative. Not a single woman took up a parliamentary seat or senior government post after the February 2005 parliamentary elections and the subsequent revolution that ousted former President Askar Akaev. Karamat Ismanova, a member of Kyrgyzstan's Erkindik (Freedom) Party, says women should continue their efforts at representation in the country's political establishment, as their involvement in decision-making is crucial to guaranteeing sustainability and peace in Kyrgyzstan. "We need to support our women, our daughters and mothers, to become candidates to the parliament and other branches of power, too," Ismanova says. "Only then will we be able to ensure Kyrgyzstan's territorial integrity and peace."

Many Kyrgyz women argue that a gender quota should be implemented in order to help them advance in politics. That has been the case in neighboring Afghanistan, where the country's fledgling legislature held its first session on 19 December. Afghan President Hamid Karzai's government has vowed equal gender rights and encouraged women to run for office. And with the introduction of a 25-percent gender quota in September elections for parliament and provincial councils, women candidates ran in unprecedented numbers. Sixty-eight of 249 seats in the People's Council, the lower house of the national legislature, were set aside for female candidates. Their candidacies -- and record voter participation among women -- came despite challenges in the form of social mores, a lack of resources, and intimidation by local militia commanders.

Women's rights activists -- who comprise more than 55 percent of human rights campaigners in Central Asia -- say advancing women's rights in any sphere requires a broad change in mindset. They say greater equality can be achieved by ensuring that there is no discrimination in legislation and that women are protected from abuse. They also say the job should not be left solely to the government and the international community. Central Asian women themselves must demand an end to discrimination, they argue, and men in the region must recognize the need for equal rights.

Cited in: "Women and Power in Central Asia (Part 1): The Struggle for Equal Rights", Gulnoza Saidazimova, RadioFreeEurope/Radio Liberty, 29 December 2005.

Copyright (c) 2006. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.

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Women and Power in Central Asia (Part II)
1/23/2006

Following its independence in 1991, Kazakhstan moved toward a market economy, and it has been developing rapidly ever since, due in large part to considerable foreign investment. Official statistics also suggest that the negative balance for women -- who represent 51 percent of the country's 15 million people -- might be evening out. Forty percent of all women are registered managers of private businesses, according to those figures. Forty-year-old Saltanat Rakhymbekova is the head of the Business and Industry Department for Kazakhstan's central Karaganda region. She credits the Kazakh government with implementing a proper "gender policy."

"For example, in the Karaganda region alone, there are lots of women who hold managerial posts," Rakhymbekova says. "This is the result of the Kazakh government, which is carrying out a proper gender policy. Women's skills and initiatives are being taken into consideration. I think that if women are eager to do their best to succeed, all the necessary conditions are created for them in the country."

The lives of many women in Kazakhstan remain bleak, however. A Kazakh economist, Aytqali Nurseyit, notes that women still face obstacles in the country, and he says many women lost their jobs during the transition to a market economy. But he points out that Kazakhstan's economy has grown strongly in recent years and argues that the situation of Kazakh women is changing, too: "What is unique about Kazakhstan, or Kazakh women, is that about 40 percent of Kazakh women have their own businesses. This is very good," Nurseyit says. "Kazakh women also play a key role in the fields of education, science, and health care."
 
According to the United Nations Development Program's "Human Development Report," at present, female economic activity is 81-86 percent of that of men in the five Central Asian countries. It is equal to the rate in Russia, whereas in Pakistan the rate is 44 percent.

Cited in: "Women and Power in Central Asia, Part II: Women Increase Presence in Kazakhstan's Business Sector", Saida Kalkulova, RadioFreeEurope/RadioLiberty, 29 December 2005.

Copyright (c) 2006. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. http://www.rferl.org.

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Women and Power in Central Asia (Part III)
1/23/2006

 Afghan women have experienced various forms of oppression throughout the country's history, but it was especially intense during the Taliban era. The Taliban regime denied women all rights to education and employment and severely restricted their activities in public, including making them wear the all-covering burqa. Some Afghan women continued their political activities in the neighboring countries of Iran and Pakistan and occasionally returned to Afghanistan under the cover of the burqa to meet with people.

Afghan women say cultural and social constraints could not prevent them from assuming leadership positions. "Afghan women proved in a short time that, not only on a national level but internationally, too, that they can take part in political activities," says Zahida Ansari, who is Afghanistan's new ambassador to Bulgaria. "In diplomacy, too, there is no problem [for women to handle the jobs]. You know that an ambassador's job, as the representative of the president, is to defend government policy and the rights of citizens in a foreign country within international law. It is a very important job and a big responsibility." Mas'uda Jalal, Afghanistan's first female presidential candidate, says she persevered and didn't let cultural restrictions get in her way.

There are many Afghan women who say they would like to work in the social and political spheres but who believe they cannot do so because of family and social concerns. The Afghan women who are already involved in the nation's political activities say their families fully support them. "Fortunately, I have not faced problems from my family," Bamiyan Governor Sorabi says. "They have been supportive. But in some cases, other relatives other than my husband have spread gossip and passed along negative remarks. But in Afghan society, there will be such talk."

Cited in: "Women and Power in Central Asia Part III: Afghan Women Rise to the Top After Taliban Repression", Safia Hassas, RadioFreeEurope/RadioLiberty, 29 December 2005.

Copyright (c) 2006. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.

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Women and Power in Central Asia (Part IV)
1/23/2006

Shirin Ebadi, Shukria Barakzai, and Oynihol Bobanazarova all live in patriarchal societies where men enjoy more rights and women face limitations. But despite battling discrimination, conservative traditions and intimidation, all three women have managed to push for their rights -- and achieve success.

In 2004, Ebadi became the first Iranian or Muslim woman to receive the Nobel Peace Prize. The lawyer and rights activist says that despite threats, she refuses to be silenced. "Fear is an instinct like hunger, whether you want it or not, it will come to you," Ebadi says. "I have twice escaped attacks miraculously and have always been threatened and have been imprisoned, so it's natural that I'm worried about this dangerous situation. But my years of experience has taught me not to let fear overwhelm my work." Ebadi says that as a result of the struggle of freedom-loving Iranian women and men, Iranian society is gradually changing. 
"In the beginning of the revolution, when they wanted to insult me they would call me 'feminist, liberal, defender of human rights,'" Ebadi says. "In Iran, 23 or 24 years ago, these words were used as insults. Fortunately, now as a result of the struggle of Iranian women -- but also men -- human rights protection has become valued."

Shukria Barakzai is a member of Afghanistan's newly elected parliament and the founder of "Aina-e Zan" (Women's Mirror), a weekly publication that focuses on women's issues. During the rule of the hard-line Taliban, Barakzai helped run underground schools for women in Afghanistan. Barakzai says she has tried hard to give a public voice to the concerns of Afghan women. "Our patriarchal society does not like to hear this voice, it's a voice that even Afghan politicians want to silence," Barakzai says. "But despite these problems, I and millions of other Afghan women have been successful through our tireless efforts to open a small glimpse of hope, for the future generations and for the children of Afghanistan."

Oynihol Bobanazarova, an outspoken rights defender, has played a key role in helping to reform the legal system in Tajikistan and in spurring the country to sign international covenants on human rights. This, in turn, has led to the complete abolition of the death penalty in Tajikistan. In 1992, Bobanazarova was a founding member of the Democrat Party of Tajikistan. But she was later forced to leave the party when she was accused of "antigovernment activity" and criminal proceedings were started against her. Bobanazarova says discriminatory traditions are among the main factors that prevent women from having an active role in Tajik society. "In Tajikistan, for example in the families, they educate girls and tell them that before anything else they are women. For example, they keep girls away from discussions at home," Bobanazarova says. "To a certain degree there is also the people's mentality; we women also sometimes don't speak as experts and we consider ourselves helpless. I think if we do not start to talk as experts, as qualified individuals, as humans -- until that day, men will not take us seriously."

Like Ebadi, Barakzai emphasizes the importance of unity among women. But she says men also have a role to play. "I think on the one hand, women should believe in their own rights as being equal under law to men, but men should also commit themselves to accepting women as equal partners in society," Barakzai says. "It's going to take time, but it can be done through long-term educational programs in Afghanistan and positive campaign by the press and also with the help of clerics. It requires a long-term struggle with the support of the international community. We women can overcome our problems and the [negative] view of society."

Cited in: "Women and Power in Central Asia, Part IV: Roundtable on the Tajik, Afghan, and Iranian Experiences", RadioFreeEurope/RadioLiberty, 29 December 2005.

Copyright (c) 2006. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. http://www.rferl.org.

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International Marriage Broker Regulation Act of 2005
1/21/2006

The International Marriage Broker Act of 2005 represents a strong stance against the unlawful practice of domestic violence and on protecting immigrant women. In a 1999 report, the Immigration and Naturalization Service (INS) estimates that the 200 IMB firms operating in the United States have led to the acquisition of a foreign spouse by as many as four to six thousand U.S. citizens, who are overwhelmingly male. The immigrant women, often known as "mail order brides," often come from economically disadvantaged countries in Eastern Europe or South Asia and suffer a lack of information about their future spouse, especially critical information like criminal background. Once inside the United States, these women are prime targets for domestic abuse, a serious human rights violation, due to their isolation in a foreign country, their unfamiliarity with U.S. laws and agencies, and potential language barriers. A fear of deportation or retaliation from their spouse further limits the woman's options to seek help for domestic abuse.

IMBRA allows the foreign national client of the IMB to take more control of her impending marriage by providing information on the U.S. citizen, including his marital and criminal history if applicable, and prohibiting the release of personal information of the client to the U.S. citizen until she has reviewed the information and knowingly gives her consent. IMBRA also requires the U.S. government to provide information to the foreign national client, in her own language, on the U.S. laws against domestic abuse, sexual assault, and child abuse and service providers to victims of such crimes. Furthermore, since many men often apply for several foreign fiance visas and marry whomever is approved first, IMBRA also prohibits the simultaneous application for multiple foreign fiance visas. Inspired by the 2001 strangulation death of IMB client Anastasia King at the hands of her spouse, IMBRA will enhance and protect the rights of immigrant women coming to the United States to marry.     

IMBRA is part of the Violence Against Women Act 2005 (VAWA 2005), which President Bush signed into law on 5 January 2006.

Compiled from: "Hot Topic: International Marriage Broker Regulation Act", Amnesty International USA, January 2006; VAWA 2005 Immigration Provisions, Legal Momentum, 18 December 2005 (PDF, 6 pages).

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Kazakhstan Ratifies UN Trafficking Convention
1/4/2006

On 14 December 2005, President Nursultan Nazarbayev of Kazakhstan signed domestic legislation that ratifies the UN Convention for the Suppression of Trafficking in Persons and of the Exploitation of the Prostitution of Others, as well as the Protocol to the Convention.

Compiled from: Legislationline Newsletter, Office for Democratic Institutions and Human Rights, Organization for Security and Cooperation in Europe, December 2005.

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Campaign 88 Days

1/4/2006

Campaign 88 Days is an effort to raise awareness, take action and mobilise resources for women's rights worldwide. In the 88 days between December 10, 2005, International Human Rights Day and March 8 2006, International Women’s Day, you can help keep women safe from domestic and sexual violence, guarantee them equal treatment in the work force, push governments to do what’s right for women, and support groundbreaking initiatives. Together with your support we can change the world in 88 days. Because women’s rights are human rights…read the facts.

What can you do?
Share your vision, courage, hope and voice in any – or all – of these five ways. You will join thousands of women around the world in the Mama Cash Campaign 88 Days.

Petition the European Commission to do what’s right for women! In 2003, only 0.04% of the total European Commission aid supported women-specific projects. This is unacceptable! Help bring change by signing the world-wide petition to the European Commission asking them to increase their support for women.
Source: report “Where is the Money for Women’s Rights Work?”, Zed Books, October 2005. 

Vote for the (she changes the world)-award. From around the world, six pioneering organizations, supported by Mama Cash, are nominated. The winner will receive €20.000 from Mama Cash to help change the world where they live.

Contribute €1 every day for 88 days, or whatever amount is right for you, and help raise €1 million that Mama Cash turns into grants to make the world a better place for women, men and children. Mama needs cash!

Send an e-card! Send everyone you know the Campaign 88 Days e-card. Energize your friends, family and colleagues. Together with you, we can make this campaign known around the world! 

Be informed by registering for 8 times Mama Cash e-news with Campaign 88 Days progress reports, ways to take action, stories of brave and inspiring women who are changing the world.

Where’s Campaign 88 Days from?

Campaign 88 Days was initiated in December 2003 by the HER Fund (www.herfund.org), the women’s fund in Hong Kong. HER Fund will hold Campaign 88 Days again in Hong Kong this year. Other women’s funds doing the campaign this year are Tewa (www.tewa.org.np, Nepal), Nirnaya (www.nirnaya.org, India) and the Mongolian Women's Fund (www.mones.org.mn).

Cited from: Mama Cash website, last visited 12 December 2005.

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Over 50 Cases of Unlawful Sterilization, Says Ombudsman

1/3/2006

The Ombudsman's office has uncovered over 50 cases of unlawful sterilisation of women. In an interview for Czech Television, Ombudsman Otakar Motejl said his office had been looking into the cases for over a year. Mr Motejl said Health Ministry documentation on the sterilisations did not contain written requests, or evidence that the women had been fully informed about the procedure. He said the cases, which mostly involve Romany women did not reflect racial discrimination.

Cited in: Over 50 Cases of Unlawful Sterilisation, Says Ombudsman, Radio Prague, 30 December 2005.

Contents of the www pages at www.radio.cz is © 1996 - 2006 Radio Prague, Czech Radio 7

All rights reserved. Radio Prague grants the right to redistribute this information in electronic or in printed form, in whole or in part for non-commercial use only; distribution must include this copyright notice, the date of publication, and Radio Prague's postal or e-mail address *unless specific agreement is reached with Radio Prague.*

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United Nations Circulates Draft Proposal for New Human Rights Council
2/3/06

A draft resolution for the establishment of a new U.N. Human Rights Council circulated among the 191 U.N. member states earlier this month. The Human Rights Council is intended to replace the Human Rights Commission, whose members have included some of the worst human rights violators, including Sudan and Libya. Under the current draft, 45 member countries from all regions would be elected onto the council for three-year terms. Members could serve no more than two consecutive terms at a time, but would be permitted to reapply for membership after one year. Unlike the Human Rights Commission, which meets six times a year, the Council would meet year-round. Unlike the Security Council, the United States, Russia, China, France and Britain would not have permanent seats on the Human Rights Council. Under the current version, members of the new Human Rights Council would be elected by the General Assembly on May 9th, replacing the Human Rights Commission on June 16th.

The draft strikes a balance between the proposals submitted by the United States, which advocates a 30 member council elected by a two-thirds majority, and developing nations, which support a 53 member-council elected by a majority of votes. It has not yet been established whether member states would be elected onto the council following a simple majority or two-thirds vote. Peggy Hicks, global advocacy director for Human Rights Watch argues that “without the two-thirds vote, the risk is that the worst abusers will continue to be elected.” While the draft states that membership should be open to all countries, it also directs member states to “take into consideration the candidates’ contribution to the promotion and protection of human rights and…whether there are any situations that constitute systematic and gross violations of human rights” in that country.

Members would be required to abide by human rights standards and are charged with the duty to respond quickly to abuses worldwide. While member states are subject to review of their human rights records while serving on the council, the draft also requires “universal periodic review” of every country’s human rights obligations.

Compiled from: Edith M. Lederer, “New Draft for U.N. Rights Panel Circulates,” Forbes/Associated Press, 2 February 2006; Warren Hoge, “With its Human Rights Oversight Under Fire, U.N. Submits a Plan for a Strengthened Agency,” New York Times, 3 February, 2006.

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European Parliament Adopts Resolution to Combat Violence against Women
12/9/06

Recognizing the extent and complexity of violence against women that currently exists within the member states of the EU, the European Parliament's Committee on Women's Rights and Gender Equality released a report in December 2005 calling for a resolution to combat the problem. The Committee notes that the right to life and physical safety is the most fundamental of rights and that governments, through the rule of law, "should be regarded as a tool for the defence of fundamental rights." Violence against women is a violation of the women's right to physical safety, a right the state is obligated to protect. Historically, however, governments have been unwilling to extend their protection into the home, where violence against women primarily takes place.  Only within the last several decades have governments acknowledged that women are entitled to this protection even when it takes place within the family structure in the privacy of the couple's own home. A number of international documents now recognize the woman's right to be free from violence as a fundamental human right. The Committee expresses concern that even after a number of international treaties that recognize the  have been drafted and ratified, there are still women throughout the EU that are subjected to this violence with little or no protection from the state.

The Committee's report notes that violence against women is not just a crime, it is "also a major social problem." Recognizing the serious nature of the crime, including its effect on the economy and the devastating effects it has on children, the Committee called on the Parliament to pass a resolution requiring member states to extend the necessary protection to victims and potential victims of domestic violence.

The European Parliament answered the Committee's call with a resolution on 2 February 2006. The provisional edition of the text calls for action to address currently occurring violence as well as action to prevent the violence. The resolution calls for futher study to determine the full extent of the problem in the EU, including the frequency and type of violence, the economic effect of the violence and the effect of the violence on children. The resolution includes a long list of recommendations for the Commission and for member states, regarding everything from formulation of a zero-tolerance policy to cooperation between member state governments and NGOs to training, education and funding. It sets a minimum standard of protection for women. It calls on Member States to answer the call to protect women's fundamental right to physical safety.

Compiled from:
"Texts adopted by Parliament," European Parliament, (P6_TA-PROV(2006)00382), February 2006; "Report on the current situation in combating violence against women," Committee on Women's Rights and Gender Equality, European Parliament, (A6-0404/2005), 9 December 2005.

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50th Session of the Commission on the Status of Women
1/06

From 27 February to 10 March 2006, the Commission on the Status of Women will hold its 50th session at UN headquarters in New York.  The Commission was established as part of the United Nations' Economic and Social Council in 1946, with the two main functions of presenting recommendations and reports to the Council which promote women's rights in all fields, and of making recommendations to the Council on urgent problems in the field of women's rights. Its object is to promote women's rights within the framework of the principle of equal rights for all. The Commission meets annually for ten working days. This year, the two thematic issues are enhanced participation of women in development, and equal participation of women and men in decision-making processes at all levels. To learn more about the Commission, read the Commission on the Status of Women 50th Session webpage.

Compiled from:  "50th Session of the Commission on the Status of Women", Division for the Advancement of Women: CSW 50th Session, January 2006.

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The International Criminal Court: A Model for Gender Integration
2/10/06

What does a fair representation of female judges on the bench of the International Criminal Court augur for women's rights?
By Kathambi Kinoti

On January 26, 2006, three more women were elected to the bench of the International Criminal Court (ICC), bringing the total number of women judges to eight out of a total of 18 judges. This proportion of 44% is unprecedented in international courts and tribunals; only 49 out of 260 judges in other international justice organs are women. [1]

The Rome Statute that sets up the ICC requires that there be fair representation of male and female judges and, according to Kaari Murungi of Women's Initiatives for Gender Justice, fair representation would mean anything from 40% to 60%. The results of the recent elections have therefore been lauded as a step in the right direction, [2] and the precedent they set promises to have significant implications for justice and the upholding of women's rights.

Raised confidence in the international justice system:

The Rome Statute endeavours to ensure that, as the old adage goes, justice is not only done but is seen to be done. In terms of women's rights, it does this by integrating gender in the substance of the law, as well as the structure and procedures of the court. The Statute squarely places crimes of sexual violence, which were for a long time not treated with the gravity they deserve, in the category of war crimes, crimes against humanity and acts of genocide.

Not only does the Rome Statute require fair representation, it also requires that the court endeavour to hire personnel with legal expertise on violence against women. In the past, the absence of prosecutions for acts of violence against women in war has been attributed to 'the inferior treatment of crimes of sexual violence and the lack of gender sensitivity and balance in the composition of the prosecutors, investigators and courts that have dealt with war crimes.' [3] Rather than being relegated to certain pockets, women's rights implicitly cross-cut the way that the ICC is set up, operates and is required to apply international human rights law. This is likely to instil confidence in the international criminal justice system.

Another area in which the Rome Statute promises to improve on the delivery of justice is in its ability to ensure compliance with its provisions. Whereas other international human rights organs can usually only resort to diplomatic or ethical pressure to ensure compliance, the ICC has strong legal enforcement mechanisms, and its jurisdiction can be applied to individual perpetrators directly. This will provide opportunities to women victims whose states are reluctant to prosecute gender based human rights violations to seek justice directly from the ICC.

Model for women's rights activism:

The integration of women and women's rights within the ICC provides a model
for other institutions, whether national, regional or international. This integration is largely the result of sustained advocacy by women's organizations. The Women's Caucus for Gender Justice, which was a grouping of women's organizations from all over the world, made a significant contribution to the shaping of the Rome Statute. However, advocacy did not stop with the adoption of the Statute. The Women's Initiatives for Gender Justice continues to influence the practical realization of the intentions of the Statute by informing women about job openings in the ICC, lobbying to ensure that equal numbers of women are elected to the court, and providing gender-legal advice and training to the court's staff. [4] The
court itself encourages civil society groups to help ensure that that it is effective as a human rights instrument. [5]

Organizations working on women's rights can use the provisions of Rome Statute on the administration of the court, the recruitment of personnel and court procedures, as well as its provisions on substantive law as a model for other international organs and also national ones. They can also gather inspiration for their own work from the advocacy of women's organizations that contributed to making the ICC a tool for gender justice.

The ICC has already established worthy precedents in several areas, and it will now be under scrutiny for the precedents it sets in its decisions on violations of women's rights. Hopefully, women's rights activists will also be able to use its decisions to advance women's rights in their own contexts.

----------------------
Notes:
1. Women's Initiatives for Gender Justice 'Three women elected to the bench
of the ICC.' January 26, 2006. http://www.iccwomen.org/news/2006_01_26.php
2. Ibid.
3. Afrin, Z. and Schwartz, A. 'A human rights instrument that works for
women: the ICC as a tool for gender justice,' ''Defending our dreams'' Ed.
Wilson, Sengupta and Evans. London and New York: Zed Books and AWID, 2005,
p. 152.
4. Ibid. p. 156.
5. Ibid.

Published in: The International Criminal Court: A Model for Gender Integration, Kathambi Kinoti, AWID Resource Net Friday File 261, 10 February 2006.

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EU Passes Resolution on Trafficking
1/17/06

The European Union passed a resolution concerning the rising trend of trafficking of women and children.  The resolution recognizes the contributions of international human rights documents, EU reports and communications, and international conventions, conferences, and action plans in creating the body of the resolution.  It recognizes the proportions, the geographical dimensions, and the causal factors of the trafficking industry, stating that previous treaties on trafficking have caused no improvements and that the industry continues to expand and develop.  Trafficking is a serious crime and a gross abuse of fundamental human rights, the resolution declares, and in order to prevent this transnational crime governments must be willing to work together on all levels -- regional, national, international -- to address all aspects of the trafficking process, including push and pull factors.  Furthermore, the resolution suggests passing treaties with a goal of halving trafficking numbers in the near future, and suggests studies on the links between migration, trafficking, and demand for prostitution.  Calling on all member nations to actively work against trafficking by providing education and employment and enforcing laws, the resolution also demands all relevant bodies of the EU to make the reduction of trafficking a central programmatic goal. 

Compiled from: "European Parliament resolution on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation (2004/2216(INI))", European Parliament, 17 January 2006.

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The Council of Europe and the New Fundamental Rights Agency of the EU - Ensuring Mandates Don't Overlap
3/19/06

With plans underway to create an EU Fundamental Rights Agency to replace the EU Monitoring Centre on Racism and Xenophobia in Vienna, the EU has had to work in conjunction with the Council of Europe to ensure that the mandate of the new agency does not overlap with that of the Council's. The Council of Europe and the EU are currently in talks to find a solution to this problem. The Council of Europe argues that it is better positioned to deal with human rights monitoring as it is the oldest body of that kind in the world, with current membership that includes all European states, except Belarus; it does, however, support a human rights agency as part of the EU. The new EU agency will assess community laws and their effects on human rights as well as improve dialogue between human rights agencies, EU institutions and member states. Main concerns include the lack of decision-making power that the new institution will have, as well as its limited mandate. The shift from the previous body to the Fundamental Rights Agency is set to take place in 2007.

Compiled from: “EU and Council of Europe in talks over new fundamental rights agency,” Lisbeth Kirk, EUobserver.com, 16 March 2003

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UN Creates New Human Rights Council
3/19/06

After months of intense negotiations, the United Nations General Assembly voted 170 to 4 to create a new human rights body, the Human Rights Council. The body will have different voting rights associated with membership, improved geographical representation, more meetings and will be directly linked to the General Assembly as a subsidiary body. A Member State can be voted onto the Human Rights Council with a two-thirds majority vote, the same vote that can remove a country that is engaged in gross and systematic human rights violations. The first elections to the council will be on May 9^th, with the first session planned for the 19^th of June. There will be 47 members on the council.

The United States was one of the four states that voted against the creation of this new human rights body on the grounds that the new institution falls short of its high standards. The U.S. claims that it supports the body’s overall mission and, once created, the U.S. is prepared to fund and possible join the new Human Rights Council.

Compiled from: “In ‘historic’ vote, General Assembly creates new UN Human Rights Council,” UN News Center, 15 March 2006; “U.N. Rights Council Gets U.S. Support- Backing Comes Despite Skepticism” Colum Lynch, washingtonpost.com, 15 March 2006

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European Parliament Approves Gender Institute
3/19/06

The European Parliament approved a new EU gender institute on March 14. The competition to host the institution has intensified between Slovakia, Lithuania and Slovenia. With increased campaigning, each country has begun to highlight what it can offer the institute. Lithuania argues that its proximity to the Scandinavian states is its biggest strength. Slovakia believes that it is the ideal candidate because of its location near the EU agency for fundamental rights in Vienna. As a state that argues its devotion to gender equality issues as well as its location near the Balkan States, who hope to join the EU, Slovenia argues that it is best suited to host the institution. The EU gender institute will focus on research and analysis of gender issues and will disseminate its findings to other EU institutions. The hope is that this information will be taken into consideration when policy decisions are made.

Compiled from: Three Countries Step Up Fight to Host EU Gender Institute, Lucia Kubosova, EUobserver.com, 14 March 2006.  

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Sexual Abuse by UN Peacekeepers Admitted
3/1/06

Security Council
5379^th Meeting (AM)

Problem of Sexual Abuse by Peacekeepers Now Openly Recognized, Broad Strategy in Place to Address it, Security Council Told

Under-Secretary-General for Peacekeeping Operations, Jean-Marie Guéhenno, briefing the Security Council today on steps taken to address accusations of sexual exploitation and abuse by United Nations peacekeeping personnel, said peacekeeping was a dangerous business.  “We dishonour these brave men and women when we fail to prevent or punish those from within their ranks who victimize the very people peacekeepers are meant to protect and serve.”

Mr. Guéhenno said that neither the Department of Peacekeeping Operations nor the Member States had discussed the matter until the revelation that a shockingly large number of United Nations peacekeepers had committed such misconduct in the Democratic Republic of the Congo.  Today, with the severity of the problem openly recognized and a broad United Nations strategy in place to tackle it, concrete meaningful progress was being made.

To be “clear and up front”, however, there was still a considerable way to go, he continued.  Not all troop contingents or staff on the ground fully supported all aspects of the “zero tolerance” policy, particularly as it pertained to prostitution.  He sought cooperation to address that particular point, and he called for the strengthening of peacekeeping operations and the Office of Oversight Services’ (OIOS) capacity to investigate violations, while respecting due process.  Once those hurdles were overcome, it should be possible to significantly narrow the gap between zero tolerance and full compliance, he said.

The Adviser to the Secretary-General on Sexual Exploitation and Abuse in United Nations Peacekeeping Operations, Prince Zeid Ra’ad Zeid Al-Hussein, warned that allegations against United Nations peacekeeping personnel would remain unacceptably high until all four corners of the strategy were secured.  Moreover, with every improvement in the mechanisms designed to facilitate complaints, there would likely be occasional spikes in accusations.  Nevertheless, and despite that, the numbers of allegations currently being registered in some locations was still cause for considerable concern.

He said that Member States, together with all personnel in the field, should exert even greater efforts in all the missions concerned to draw down those numbers.  Ultimately, the sexual exploitation and abuse issue must be viewed, not as some ephemeral issue of passing importance, but as the serious topic it was.  It was difficult to change a culture of dismissiveness, long developed “within ourselves, in our own countries and in the mission areas”.  Because peacekeepers and their colleagues were performing a service of immense worth for the world community, it was all the more urgent to remove the blight of sexual exploitation and abuse on what was otherwise a distinguished and appreciated performance.

Calling the sexual exploitation and abuse by peacekeepers “one of the greatest stains on UN history,” the United States’ representative, whose delegation holds the Security Council presidency for the month, said it was absolutely unacceptable that horrific crimes of sexual abuse and exploitation had been committed by United Nations peacekeepers against individuals they had been assigned to protect.  In his national capacity, he urged speakers to act now, not only to pursue justice and a resolution to crimes already committed, but to set up the necessary institutions, mechanisms, training, and oversight procedures to ensure that they were not repeated in existing and future peacekeeping operations.

He said that failure to act on the matter would have profound implications for both existing and potential future peacekeeping missions.  As the next operation was planned in Darfur, he did not want to worry about possible headlines of United Nations peacekeepers there raping the very population they were entrusted to protect.  He concurred fully with Under-Secretary-General Guéhenno when he said last May that it was precisely the United Nations image and reputation that gave it the credibility and reputation to work so effectively in war-torn countries and bring peace and stability to millions across the world.  Eliminating such misconduct was integral to the success of peacekeeping.  Resolving and preventing future acts of sexual exploitation and abuse called for the same fundamental shift in the culture of the way the Organization operated, he said.

Speakers voiced broad agreement that only by holding itself to the highest standards of ethical conduct could the Organization preserve the credibility and moral authority necessary to carry out its mission in societies already vulnerable and deeply wounded by the turmoil and brutality of war.  They rejected the behaviour of those individuals within the peacekeeping operations that threatened to tarnish the name and image that had allowed the United Nations to work effectively in war-torn countries and echoed their support for the United Nations zero tolerance policy.

They also noted the considerable efforts that had been made recently by the Secretary-General and the Department of Peacekeeping Operations to ensure progress in that regard.  For example, more than 221 peacekeepers had been investigated, 10 civilians had been fired, and more than 88 uniformed personnel had been repatriated.  Conduct and discipline units had been established in some peacekeeping missions and the number of gender and children advisers in United Nations peace support missions had increased.  It was generally acknowledged, however, that the problems persisted in several missions.  Troop-contributing countries, therefore, were urged to ensure that their deployed personnel were appropriately trained and held to the highest standards of conduct.  Continuing to tear down the “wall of silence” was deemed imperative to restoring the reputation of the United Nations and all those who represented it.

Representatives of the following countries also participated in the discussion:  France; China; Russian Federation; Ghana; Congo; United Kingdom; Greece; Slovakia; Peru; Denmark; Japan; Argentina; Qatar; United Republic of Tanzania; Brazil; Singapore; Austria, on behalf of the European Union; and Canada.

Cited In: Problem of Sexual Abuse by Peacekeepers Now Openly Recognized, Broad Strategy in Place to Address It, Security Council Told, Press Release, UN Department of Public Information, 23 February 2006.

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UN Unveils New Human Rights Council
3/1/06

After months of lobbying by human rights advocacy groups and negotiation between United Nations member countries, the UN has unveiled its proposal for the creation of a new, more effective Human Rights Council.  The current Human Rights Commisson, which has been widely criticized for giving seats to countries with dismal human rights records, such as Sudan and Zimbabwe, would be replaced with a Human Rights Council, consisting of 47 members elected by a majority of UN members. The Council would meet at least three times a year and its members would undergo a systematic review of their human rights records. Secretary-General Kofi Annan said the plan, seen as a key component of UN reform, was the best option for a new human rights body and expressed hope that the proposal would be approved by the General Assembly.  Several human rights groups have sent a letter in support of the new Council to U.S. Secretary of State Condoleezza Rice. 

Compiled from: New UN Rights Council Put Forward, Susanna Price, BBC, 23 February 2006; Support Grows for New UN Human Rights Council, Edith M. Lederer, Washington Post, 24 February 2006.

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EU Stance on Mladic in Serbia and Montenegro
3/1/06

EU Enlargement Commissioner Olli Rehn has said that Belgrade has until 27 February to arrest war crimes fugitive Ratko Mladic, B92 and Beta reported on 23 February. If Mladic is not apprehended by that date, Rehn said he will recommend to the EU Council of Ministers that all negotiations with Serbia and Montenegro for a Stabilization and Association Agreement be suspended indefinitely. "I hope that Serbia will be able to complete its full cooperation and that we will not have to end the discussions," Rehn said. "It is up to Serbia to decide between its European future and its nationalistic past," he added. BW 

Published in: EU Gives Serbia and Montenegro Firm Deadline on Mladic, Radio Free Europe/Radio Liberty, 24 February 2006.

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EU Tells Moldova to Focus on Human Rights, Rule of Law
4/13/06

EU External Relations Commissioner Benita Ferrero-Waldner told Moldovan Prime Minister Vasile Tarlev on April 11 that Chisinau should concentrate on essential reforms rather than on membership in the bloc, international news agencies reported. "Moldova has made quite important advances on the economic, political, and also structural-reform side," Ferrero-Waldner said in an April 11 meeting with Tarlev. These advances have resulted in Moldova being included in the EU's GSP Plus scheme, the bloc's equivalent of "most-favored-nation" status, which eases access to the European market. Ferrero-Waldner added, however, that "a lot of effort" still needs to be invested in reforms in the area of human rights, minority protection, and the rule of law. Ursula Plassnik, foreign minister of Austria, which currently holds the EU presidency, said Moldova must "manage its expectations in a responsible way." BW

Published in: EU Tells Moldova to Focus on Human Rights, Rule of Law, Radio Free Europe/Radio Liberty, 11 April 2006.

Copyright (c) 2006. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org

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The UN Holds Policy Meetings to Address Low Numbers of Women in Peacekeeping Uniforms
4/1/06

The United Nations Department of Peacekeeping Operations held meetings at the end of March to address the small number of women in peacekeeping missions that hold uniformed posts. The meetings brought together representatives from womens organizations, women that hold peacekeeping positions with the UN as well as military and police officials from states that contribute as well as those that host peacekeepers in an attempt to address this issue.

Compiled from: UN to attempt to boost the number of women in peacekeeping uniforms, UN News Centre, 27 March 2006.

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European Commission: Bulgaria's and Romania's Accession Possible in 2007, if Preparation Efforts Are Intensified
IP/06/634

Brussels, 16 May 2006
Commission: Bulgaria’s and Romania’s accession possible in 2007, if preparation efforts are intensified

Today the Commission adopted its monitoring reports on Bulgaria's and Romania's preparedness for EU accession. In the light of its findings the Commission considers that Bulgaria and Romania should be prepared for EU membership on 1 January 2007, provided that they address a number of outstanding issues. The Commission presents a carefully calibrated approach that is aimed at ensuring the continuation of the reforms in both countries up to and beyond accession.

On 25 April 2005, Bulgaria and Romania signed the Treaty of Accession, which foresees their joining the EU on 1 January 2007. The Commission has presented Monitoring Reports on their preparedness in October 2005, in which a number of shortcomings were identified. The current reports review the progress since October 2005.

Presenting the reports President Barroso said: “Bulgaria and Romania have made clear progress since October last which we acknowledge. Both countries should be able to reach the finishing line on 1 January 2007. But in order to do, efforts must be intensified, especially in the reform of the judiciary and fight against corruption. I encourage the authorities in Bulgaria and Romania to take our recommendation as an incentive to finalise their preparations. The EU wants to honour its commitments. This requires respect for the accession criteria defined.”

Commissioner for Enlargement, Olli Rehn added: “An independent and effective justice system, fully prepared to fight corruption and organised crime is the foundation of every democratic society. It is also the guarantee for a successful membership in the EU, since the functioning of the Union is based on the respect of law.”

In this key area, since last October 2005 Bulgaria has adopted several laws to reform the justice system. It also has taken measures to fight corruption, which allowed investigations into high-level corruption cases to be launched.

Romania has taken significant steps in the reform of the judiciary. It has established solid structures for the fight against corruption and has launched investigations into a considerable number of high-level corruption cases.

Based on the findings of the reports the Commission considers that it should be possible for both Bulgaria and Romania to be prepared for EU membership on 1 January 2007, provided they address the following issues:

• Bulgaria needs to demonstrate clear evidence of results in the fight against corruption, in terms of investigations and judicial proceedings. It also needs to further reform the judiciary, in particular to reinforce its transparency, efficiency and impartiality.
• Romania needs to continue its efforts and demonstrate further results in the fight against corruption. It also needs to consolidate the implementation of the ongoing justice reform and further enhance the transparency, efficiency and impartiality of the judiciary.

In addition a number of issues identified by the Commission as giving cause for serious concern^[1] in the transposition of the EU laws and standards must be addressed. The number of such issues has significantly decreased since the October 2005 reports (from 16 to 6 in Bulgaria and from 14 to 4 in Romania).

The Commission will review the progress of the two countries no later than early October this year. On this basis, the Commission will consider whether the date of their accession to the EU in 2007 can be maintained. In the event of a 2007 accession this report will also specify any areas where safeguards^[2] or other remedial measures may be needed upon accession.

For further information see: MEMO/06/201

http://europa.eu.int/comm/enlargement/index.htm

Published in: Press Release, Commission: Bulgaria’s and Romania’s accession possible in 2007, if preparation efforts are intensified, European Commission, 16 May 2006.

For more information:

May 2006 Monitoring Report on Bulgaria 

May 2006 Monitoring Report on Romania 

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European Economic and Social Committee Adopts Opinion on Domestic Violence against Women

On 16 March 2006, the European Economic and Social Committee (EESC) adopted an own-initiative opinion on domestic violence against women.  The opinion states that “[d]omestic violence by men against women, whether physical or psychological, is one of the gravest violations of human rights…” (para. 1.1).  It follows with a comment to the EU Council presidencies and Commission that calls for the safety and equal treatment of women to be a condition and minimum requirement for all EU member and candidate countries.  The opinion recognizes the need for a pan-European strategy to combat domestic violence and calls for a preliminary study across the EU to look at the occurrence of domestic violence and its impacts.  It also calls for Member States to create national action plans to combat domestic violence against women and to collect statistics on the problem.  Finally, the opinion makes several recommendations relating to:

• Documentation of the laws for preventing domestic violence and prosecuting offenders and their implementation on the national level;
• Collection of data on domestic violence against women and other statistical trends
• Prevention of domestic violence against women;
• Promotion of intervention and cooperation initiatives, including help, working with offenders and empowerment of victims;
• Increased attention to the situation of migrant women
• Increased involvement of legal, law enforcement, educational, mental health, medical and welfare workers;
• Review of access and contact injunctions, including the need to provide a legal basis for expelling offenders from the home so the victims may remain;
• Increased attention to the situation of older women;
• Social inclusion of victims in general and in the employment sector.

Compiled from: Opinion of the European Economic and Social Committee on Domestic Violence against Women (own-initiative opinion) (SOC 218) (2006).

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Amnesty International's Guide to the Human Rights Council

Amnesty International has created a guide of brief summaries for potential members of the new UN Human Rights Council. The elections for this council will take place on 9 May 2006.  An absolute majority is required for each of the 47 members to secure a seat on the Human Rights Council. The summaries for each country contain information about their current human rights situation and also include the country's record of ratifying key human rights treaties, timely submission of reports, and the extension of a standing invitation to the Special Procedures.

Compiled from: What You Should Know...., Amnesty International Online, 2006.

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