Why women’s participation is important for achieving gender justice
Sex Discrimination
Why women’s participation is important for achieving gender justice
The Rome Statute and the International Criminal Court – Tools for
Advancing Justice, Capacity-Building Workshop
Scientia Building, University of New South Wales, Sydney
Elizabeth Broderick
Sex Discrimination Commissioner
16 February 2012
Acknowledgements
Thank you, Brigid, for that generous
introduction.
And thank you for all the important work that you and your wonderful team are
doing at Women’s Initiatives for Gender Justice. It is truly inspiring to
see what you have achieved for women in what is really such a short space of
time.
We are so pleased that you have been able to join us here in Australia for
this conference and capacity building workshop.
Please allow me to begin by acknowledging the Gadigal people of the Eora
nation and the Darug language group on whose land we now gather. It is with
gratitude that I pay my respects to your elders, past and present.
I would also like to acknowledge Pip Dargan from the Asia Pacific Forum. In
addition, I would like to acknowledge my dear friend and colleague Andrea
Durbach, who, over these past nine months, has provided such generous support to
me in her role as Deputy Sex Discrimination Commissioner. This is, of course,
on top of her already busy role here at UNSW.
I was so pleased that Andrea invited me to say a few words at the capacity
building workshop. It is not often that I have the privilege of meeting such a
distinguished group of individuals from the Asia Pacific Region, who are working
to advance gender justice.
I only wish I was able to stay for, what I am sure will be, a day full of
productive and engaging conversations about the important issue of gender
justice. However, as some of you may know, I am busy with the Review into the
Treatment of Women in the Australian Defence Force.
Introduction
Over the last two days, you have talked a lot about the International
Criminal Court and the Rome Statute and today brings an important opportunity to
address these issues at a more practical level. What is so valuable is that
each of you brings your own expertise and experiences in this area.
So, in the short time that I have this morning, I thought I would take a step
back from the Court and the Rome Statute and, instead, say a few words about women’s participation and capacity building, as being key
elements for addressing gender based violence.
- Why is women’s participation important for advancing gender justice,
whether in the context of peace-building or in response to domestic violence?
What kind of participation are we seeking for women? - How can capacity building efforts, such as this workshop, help to increase
and strengthen women’s participation? - And, lastly—and where I will focus the majority of my
remarks—what role can Government and civil society play in assisting women
to address gender-based violence against women?
The importance
of women’s participation for advancing gender justice
Gender equality advocates have long championed women’s right to
participate—whether, as in the case of my own work, in elevating the
representation of women as leaders on boards, in management and in
workplaces[1] or, as in the case of
many of you, in decision-making related to the prevention, management, and
resolution of armed conflict.[2]
The participation of women in all areas of public life is essential for the
full development and advancement of women.
The Convention on the Elimination of All Forms of Discrimination against
Women also reminds us that
the full and complete development of a country, the welfare of the world and
the cause of peace require the maximum participation of women on equal terms
with men in all fields.[3]
Increased participation rates for women will also encourage other women to
participate in public life and help in dismantling harmful stereotypes and
assumptions that impede women’s ability to play a central role in public
life, including in peace-building processes.
I think it is important, though, to be clear about what we mean when we
advocate women’s right to participate.
When I meet with the Australian Government, business, unions, community
groups and individual women, I talk, firstly, about increasing the number of
women who play a central role in political and public life.
I was very pleased, therefore, to see that the draft Australian National
Action Plan on Women, Peace and Security, released late last year, noted
that
supporting women’s full participation in economic, social and political
life is a key factor in reducing poverty, increasing the wellbeing of women and
creating fair, safe and secure
communities.[4]
But, of course, increasing the rate of women’s participation is not,
nor should it be, just a numbers game. It is also about ensuring that the
voices of women who are represented are heard, and that their views and
contributions are valued.
I was, therefore, also pleased to see that Australia’s draft National
Action Plan recognises that ‘[w]omen are powerful agents of
change’ and that
to achieve sustainable peace and security women’s voices must be heard
at all levels and stages of the peace
process.[5]
Women’s right to participate is also about ensuring that women’s
involvement is not limited to engagement around so-called ‘women’s
issues’. Here, I am reminded of instances where the responsibility for
so-called ‘feminine’ portfolios, such as health and childcare, are
allocated to female cabinet members, while responsibility for the more
‘masculine’ portfolios, like defence and finance, are allocated to
male cabinet members.
It has been only in the past few years and, in some cases, past few months,
that Australia has seen its first female Governor-General, first female Prime
Minister, first female Attorney-General, and first female Minister for Finance.
2011 also saw the establishment of the inaugural position of Global Ambassador
for Women, ably filled by Penny Williams.
But even this is not enough to ensure that women can participate and
effectively exercise and enjoy their human rights and fundamental freedoms.
As Professor Louise Chappell, from this University and one of the conference
organisers, rightly cautioned in the context of female appointees to the
International Criminal Court, ‘it is clear that increasing numbers of
women does not necessarily lead to the substantive representation of
women’s interests ...’.[6]
As advocates of gender equality and justice, we must therefore simultaneously
campaign to ensure that women can participate and that their rights, needs and
interests are taken into account, including in conflict and post-conflict
situations.
The Rome Statute itself is in fact a model of how the effective and equal
participation of women can be built into the structures and processes of an
institution. Notably, it requires fair representation of female and male judges
and the appointment of advisers with legal expertise in sexual and gender
violence. Indeed as the President of the International Criminal Court, Judge
Sang-Hyun Song, mentions in his message in the Conference programme,
[w]omen play a very prominent role in the ICC’s functioning. About
half of the Court’s staff are women. We currently have 11 female judges
out of 18, giving the ICC the first predominantly female bench of any
international judicial body. The ICC seeks not only to remedy gender injustice
through its trials but also to be a model of gender balanced justice in the way
these trials are conducted.
Women’s Initiatives for Gender Justice is also an exemplary model for
ensuring women’s effective and equal participation. Born, as you’ve
heard at the Conference, out of advocacy to ensure that the Rome Statute
reflected gender issues, Women’s Initiatives for Gender Justice continues
to advocate gender justice through the International Criminal Court.
Importantly, the Initiative enhances the capacity among women and women’s
NGOs in the use of the Rome Statute and other international laws, particularly
in countries where the Court is conducting investigations.
Capacity building initiatives, such as this workshop, are another one of the
ways we can seek to ensure women’s effective and equal participation.
Capacity building as a tool for increasing and strengthening women’s
participation
I strongly believe that increasing capacity to advocate gender justice does
not require us to fix women’s so-called ‘deficiencies’.
Neither does it mean simply looking to women, who have been subjected to
violence, to bear the burden of holding accountable those who have violated
their rights.
There are a number ways we can increase capacity to advocate for gender
justice.
First, the need to ensure that all key actors have the necessary knowledge,
skills and support structures to seek and/or deliver gender justice. This
includes, as President Song has reminded us, judges who sit on the International
Criminal Court, the individuals who prosecute crimes committed during times of
war and conflict, nation states who are responsible for protecting their
citizens and remedying violations of their rights, gender advocates and
individual victims and survivors.
Second, it requires men to work with women to raise an awareness of gender
justice issues and to reject outright the notion that violence against women, of
any kind, is acceptable.
Third, we need to put in place effective and appropriate mechanisms of
accountability and redress.
It is no accident that the Rome Statute explicitly codified gender-specific
crimes and mechanisms or, for example, that the make-up of the Court is one of
the most gender diverse internationally.
These achievements, although not without their
weaknesses,[7] were made possible
because of the advocacy and dedication of gender equality advocates and, in
particular, their efforts around capacity-building at the international and
domestic levels.[8] Writing shortly
after the entry into force of the Rome Statute, one commentator remembered how,
[w]orking together as the Women’s Caucus for Gender Justice ..., women
from different countries, regions, approaches, and disciplines merged energies
and interests to help shape this unprecedented instrument as it was brought into
being.[9]
I believe that one of the strengths of the advancements made by the Court and
Rome Statute is that they were made possible through the collective advocacy of
an extraordinary coalition of individuals that were committed to building
capacity to advance women’s rights and gender justice. Called the
Women’s Caucus for Gender Justice, the coalition operated for over six
years until the Rome Statute was formally enacted. Women’s Initiatives
for Gender Justice, which Brigid spoke about on the first day of the Conference,
emerged from this Caucus to be the foremother in giving visibility to
women’s rights and holding the Court to its stated objective of gender
justice.
I am proud to say that many of the individuals involved in this coalition,
indeed many of you here today, call the Asia Pacific Region home.
I am delighted to acknowledge the important work of people such as Evelyn
Serrano, Regional Coordinator Asia Pacific of the Coalition for the
International Criminal Court, and Bill Pace, the Coalition’s Convenor,
whom we’re lucky to have as participants in the Conference and workshop.
The challenge now is to continue to capitalise on this coalition and their
capacity-building successes, through continued advocacy, particularly on
encouraging Asian Pacific states to ratify the Rome Statute and strengthen the
implementation of gender justice nationally.
Advocates from the Asia Pacific region can also play a significant role in
bringing knowledge of gender crimes to the attention of the International
Criminal Court and in supporting women who would like to engage, or are already
engaging, with the Court. Advocates from this region can also play a crucial
role inn contributing their expertise, through being gender advisers and
administrators of the Court.
Role of government and civil society in assisting women to address
violence against women
I would now like to say a few words about the role Government and civil
society can play in assisting women in countries undergoing or recovering from
conflict to address gender-based violence against women and, in particular,
briefly mention Australia’s role in supporting countries in the region.
Firstly, given the low level of engagement with the International Criminal
Court in the Asia Pacific region, it is important that Governments and civil
society encourage Asian Pacific states to ratify the Rome Statute. Such efforts
should emphasise the relevance and importance of the Court and the Statute for
our region and their significance for ensuring gender justice in conflict and
post-conflict situations.
Efforts aimed at increasing the number of Asian Pacific States Parties to the
Rome Statute must have as their secondary goals:
- increased capacity to use the Statute and Court to advance gender justice;
and - the establishment and continued operation at the international and domestic
levels of structures, procedures and jurisprudence capable of effectively
ensuring gender justice.
Given that Australia is already a
party to the Rome Statute, the Australian Government can take the opportunity to
talk openly with neighbouring nations about its reasons for ratifying the
Statute, encourage and support nations to take the steps necessary to ratify the
Statute, and provide insight into the structures and processes that it put in
place to ensure a smooth and effective ratification in the Australian context.
At the same time, the Australian Government could support its neighbours to
enhance domestic protections, with a view to preventing violence before it
occurs and assisting victims and survivors of violence who would like to bring
claims.
This, of course, must take place alongside efforts to improve
Australia’s own response to gender-based violence against women. It is
important not to loose sight of the fact that gender-based violence is one of
the most serious problems facing women in Australia today. For instance, you may
know that one in three women over the age of 15 years has experienced violence
in Australia. Over 40 per cent of these women – approximately 1.2 million
women – have experienced that violence at the hands of a current or former
partner.[10]
I am pleased that the Australian Government has committed itself to
implementing a National Plan to Reduce Violence against Women and their
Children, which seeks to implement a coordinated national effort to reduce
violence against women and also to implement programmes to assist women
experiencing violence. Our role as women working in this area is to ensure that
this plan is fully realised in practice.
While the International Criminal Court provides one avenue to claim redress,
efforts to address gender-based violence against women can also be advanced
through other mechanisms. Notably, not all countries have ratified the Rome
Statute and so it is often necessary to look to other avenues for redress as
well—even if countries have ratified the Statute and even if there is
still a need to empower women domestically. Australia is no exception in this
regard.
There are a number of other international mechanisms that we can look to
where the mechanisms provided under the Rome Statute may not be available, or
that may prove more germane to a particular situation of violence. In the
interests of time, I will mention just two.
The UN Special Rapporteur on violence against women, its causes and
consequences, is one mechanism with which the Australian Human Rights Commission
is seeking to engage to ensure justice for victims of gender-based violence
against women.
As in the case of the International Criminal Court, at the time of the
establishment of the Special Rapporteur’s mandate, there was recognition
that gender-based violence, including sexual violence, against women is not just
a private or domestic concern. Such violence has systematic consequences for
our families, our communities, our economies, our countries, and the
international community. Part of this recognition stems from the severity of
the violence inflicted on women all around the world and the use of violence by
states as a weapon of war.
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (Optional Protocol) is another mechanism with
which the Commission has been encouraging women to engage, including to seek
redress for violations of the freedom from gender-based violence.
The Optional Protocol entered into force for Australia in May of 2009. Yet,
despite its potential, there have been no communications or requests for
inquiries submitted against Australia under the Optional Protocol.
Moreover, women have initiated only a limited of communications submitted
against Australia under other international complaint mechanisms. This is in
spite of the gaps we know exist in Australia’s laws and practices for the
protection of women’s human rights.
In 2011, the Commission published a Guide on the Optional
Protocol[11] in the hopes of
encouraging, and building capacity amongst, lawyers, advocates and women
experiencing violations of their rights to consider international complaint
mechanisms as an avenue to seek redress for those violations.
Perhaps there is also merit in producing a similar guide targeted at Asia
Pacific countries on the ratification of the Rome Statute and use of the
International Criminal Court?
Another approach, focused on ensuring women’s effective and equal
participation at the national level and ensuring support and development
assistance, is bilateral coalitions.
In November 2011, the Australian and US Governments co-hosted the Pacific
Women’s Empowerment Policy Dialogue on Stopping Violence Against Women. A
number of recommendations emerged from the dialogue that recognised the
importance of participation of women and capacity building as essential elements
for addressing gender based violence in the region. To this end, some of the
recommendations included:
- making leadership, decision-making and participation of young women a part
of efforts to end violence; - providing long-term support, including core support and capacity building to
civil society organisations working with a rights-based approach using local
solutions; and - providing support for women’s leadership and active citizenship in
political and community affairs and support for women’s economic
empowerment.
At the Dialogue, the Australian Government confirmed a
commitment of $25 million in funding over four years to end violence against
women in the Pacific.
Conclusion
In conclusion, I wish you a successful capacity building workshop on The Rome
Statute and the International Criminal Court – Tools for Advancing
Justice.
I understand that this conference and workshop mark the tenth anniversary of
the International Criminal Court and is one of, if not the first, to examine the
Court and gender in the Asia Pacific Region.
As I am sure you will all appreciate, it takes a mammoth effort to bring
together such a distinguished group of individuals from all around the world for
a rich and engaging discussion. A million congratulations to the conference
organisers—pulling an event like this together, especially one with so
many different elements, is a great achievement.
I wish you all the best for what I am sure will be an exciting and fruitful
day. Workshops like this can give fresh impetus to, and bring new perspectives
to bear on, our work. I hope you come away from the workshop re-invigorated and
ready to continue campaigning for women’s right to participate and gender
justice across the Asia Pacific region.
Thank you
[1] See Australian Human Rights
Commission, Women in Leadership, http://www.humanrights.gov.au/sex_discrimination/programs/women_leadership.html (viewed 30 January 2012). See also Male Champions of Change, Our Experiences
in Elevating the Representation of Women in Leadership: A Letter from Business
Leaders (2011). At: http://humanrights.gov.au/sex_discrimination/publication/mcc/index.html 30 January 2012).
[2] Women and Peace and
Security, Resolution 1325, UN Doc. S/RES/1325 (2000).
[3] Convention on the
Elimination of All Forms of Discrimination against Women, opened for
signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981),
prmblr. Para. 12.
[4] Australian National Action
Plan on Women, Peace and Security: Consultation Draft (Department of
Families, Housing, Community Services and Indigenous Affairs, 2011), 3. At: http://www.fahcsia.gov.au/sa/women/pubs/govtint/action_plan_women_peace/Documents/action_plan_women_peace.pdf[5] Above.
[6] Louise Chappell, ‘Gender
and Judging at the International Criminal Court’ (201) 6(3) Politics
& Gender 484, at 489.
[7] See, e.g., Valerie Oosterveld,
‘The Definition of “Gender” in the Rome Statute of the
International Criminal Court: A Step Forward or Back for International Criminal
Justice?’ (2005) 18 Harvard Human Rights Journal 55.
[8] See generally Valerie
Oosterveld, ‘Sexual Slavery and the International Criminal Court:
Advancing International Law’, (2004) 25 Michigan Journal of
International Law 605, at 611-625; Pam Spees, ‘Women’s Advocacy
in the Creation of the International Criminal Court: Changing the Landscapes of
Justice and Power’ (2003) 28(4) Signs: Journal of Women in Culture and
Society 1233.
[9] Spees, above, at 1233.
[10] See Australian Bureau of
Statistics, Personal Safety, Australia, 2005 (Reissue), Catalogue No. 4906.0
(2006).
[11] Australian Human Rights
Commission, Mechanisms for Advancing Women’s Human Rights: A Guide to
Using the Optional Protocol to CEDAW and other International Complaint
Mechanisms ( 2011). At: http://humanrights.gov.au/sex_discrimination/publication/mechanisms/index.html (viewed 30 January 2012).
