STATEMENT FROM THE MEETING OF CIVIL SOCIETY HELD IN PREPARATION FOR THE 7WAMM NADI, FIJI, MAY 31-JUNE 2, 2004

PREAMBLE

Ninety two representatives of Civil Society Organizations (CSOs) from thirty five countries of the Commonwealth, met in Nadi Fiji from 28 to 30 May, 2004. The meeting was facilitated by the Commonwealth Foundation. The purpose of the meeting was to reach consensus on civil society comments to the Commonwealth Plan of Action for Gender Equality 2005-2015 (PoA) and to provide a forum for civil organisations from across the Commonwealth to share good practices and strategies for the implementation of the PoA.

CSOs recognised and acknowledged the pioneering model agreed by Commonwealth Senior Officials responsible for women’s affairs and facilitated by the Commonwealth Foundation and Commonwealth Secretariat. This model in which CSOs were invited to work with governments as members of the Reference Group that developed the PoA resulted in strong CSO participation and consultation in the development of the PoA. CSOs felt a sense of ownership of the PoA and look forward to working in partnership with governments and the Commonwealth in its implementation.

CRITICAL ISSUES

In reviewing the plan, CSOs commended the draft and agreed that it captured the priorities, actions and strategies essential for the promotion of gender equality. They made the following proposals which they would like to bring to the attention of ministers: CSOs agreed that in addressing all the critical areas of the PoA, the human rights framework should be the over-arching element, which underpins laws, policies, programmes, and mechanisms. In addition to the areas currently covered by the PoA, it should promote safeguards against all forms of discrimination on the basis of caste, race/ethnicity, disability, sexual orientation among others. Recognising the central role women play in peace building, women’s machineries should be strengthened and their role broadened to cover participation in democracy, conflict resolution and peace.

We are pleased that the PoA recognises that men and boys are essential partners in achieving gender equality. We recommend that a human rights framework must be used to formulate the fundamental principles of this partnership. This should include:
• Challenging the traditional cultural beliefs and practices that may perpetuate or exacerbate violence against women and other forms of inequities between women and men.
• Allocating resources to programmes aimed at promoting the involvement of men and boys in gender equality in ways that are not at the expense of resources to women.

We urge governments to mainstream and integrate a multi-sectoral approach to HIV/AIDS which recognises the social and economic implications of the pandemic. In addition, governments should ensure access to affordable anti- retroviral medicines and other health care facilities.

CSOs commended Commonwealth governments for recognizing HIV/AIDS as an emergency issue. They urged Commonwealth governments to intensify and expand awareness programmes to include the gender dimensions of HIV/AIDS. Men and boys are also critical target groups in the reduction of HIV/AIDS, and specific measures targeted at them should be designed as part of the overall strategy. CSOs are concerned over the time lag between policy formulation and implementation in this area and strongly urge governments to consider the urgency of HIV/AIDS. Persistent inequalities and poverty faced by women need to be addressed with effective and sustainable policies and programmes to enhance women’s economic empowerment. 45-80% of women pursue their livelihoods in the informal sector. Governments need to allocate the necessary technical and other resources, including social protection and adequate safety nets. Policy frameworks should consider the informal sector as a major part of the economy.

There is growing evidence of the negative impact of trade liberalisation and the rules-based system of the WTO on women’s economic empowerment (inter alia, food security and agricultural liberalisation, intellectual property rights and the areas of essential public and social services). We urge ministers to spearhead processes that incorporate gender and social impact assessments into economic and trade policies. We challenge the Ministers Meeting to come up with specific, achievable and time-bound, Commonwealth goals which reflect progress on women’s economic empowerment. We also observed a growing divide between the experience of women and their families and the perception of governments in relation to the success of Poverty Reduction Strategies, the Debt Recording and Management Systems and the Gender Responsive Budgets.

We strongly urge governments to include women’s organisations and other civil society groups in their design, implementation, monitoring and evaluation. The continued brain drain in terms of skills and resources from developing to developed countries within the Commonwealth has resulted in a net loss of resources for many developing countries, with significant implication for access to health care and education for the most vulnerable groups in these countries. This has been exacerbated by the re-allocation of national budgetary expenditures to attract foreign skilled workers. We strongly urge our governments to develop partnership principles that will be of benefit to all parties.

CSOs welcomed the decision by ministers to include them in the Reference Group to monitor the PoA. They see this as the realisation of the wishes of our heads of government as expressed in the Coolum Declaration on the High Level Review of the Commonwealth as well as the Aso Rock Declaration on Democracy and Development. In pursuing partnership with civil society, it is necessary to recognise that civil society requires an enabling environment, adequate resources and capacity to fulfil its role.

Ministers for Women’s Affairs, given their long standing partnership with civil society, are best placed to advocate for system wide recognition and support for civil society within government. CSOs commit themselves to working in partnership with national machineries for programmes for gender equality. CSOs also undertake to promote the Commonwealth PoA at national and international fora and mobilise resources for its implementation. We congratulate the ministers for raising the Commonwealth standard in civil society participation by allowing civil society to contribute fully during their official sessions. We also acknowledge and commend the governments for including civil society representatives in their delegations.

We thank our host the National Council of Women in Fiji, the Commonwealth Foundation, the Commonwealth Secretariat, Government of Fiji, and the Fiji Ministry of Women Affairs, Social Welfare and Poverty Reduction for the organisation of the 7WAMM and the processes around the Partner’s Forum. Dated May 30, 2004

TANOA RECOMMENDATIONS
From the
GENDER AND HUMAN RIGHTS WORKSHOP,
held in Nadi, Fiji, on 28/29th May 2004
Organised by
COMMONWEALTH LAWYERS’ ASSOCIATION
COMMONWEALTH MAGISTRATES AND JUDGES’ ASSOCIATION
LEGAL AND CONSTITUNIONAL AFFAIRS DIVISION OF THE COMMONWEALTH SECRETARAIT

CEDAW
1. Countries that have not ratified CEDAW and the Optional Protocol are urged to do so as soon as possible after appropriate consultation;
2. Need for education and sensitisation at a grassroots level of men, women and the family unit, through traditional leaders, NGOs and religious groups working within traditional cultures to change attitudes;
3. Governments should be urged to submit reports in compliance with specific deadlines provided for in the Convention and in the preparation of these reports they should be urged to consult widely with NGOs;
4. Encourage NGOs to submit shadow reports to the CEDAW committee and on CEDAW matters in other reporting mechanisms;
5. It is recommended that gender sensitisation should form part of the curriculum and should start at an early age and continues through to tertiary level education;
6. Parliaments should take active steps to review existing legislation and constitutions so that gender issues should be taken into consideration and implemented;
7. Governments should allocate substantial funding to Ministries dealing specifically with women’s affairs in order to facilitate education, training and implementation of gender issues as a whole.

GENDER BASED VIOLENCE
8. Courts need to acknowledge the vulnerability of women in cases of domestic violence in order to protect victims and their families;
9. Protection orders and injunctions at low cost and in a simple format should be provided;
10. The definition of rape within national legislation needs to be broadened to include marital rape;
11. Training should be offered to judicial and legal officers and law enforcement personnel in combating domestic and gender-based violence;
12. The establishment of family courts/divisions should be encouraged;
13. The media should be encouraged to perpetuate peace rather than violence through accurate and informed reporting of cases and the broader issues of gender based violence;
14. The social impact of gender-based violence on children should be acknowledged and measures should be taken to address the problem;
15. Governments should recognise the need to put in place rehabilitation schemes for offenders and victims of gender-based violence.

HIV/AIDS AND HUMAN RIGHTS
16. Assistance through appropriate NGOs and governments should be provided for specific training of legal and judicial officers on issues relating to HIV/AIDS and it’s gender dimensions;
17. Primary focus should be on prevention, but adequate resources should be provided for the treatment, care and support to vulnerable women;
18. Sex education should be included in the school curriculum;
19. Legislation should be enacted to effectively deal with all aspects of HIV/AIDS.

ACCESS TO JUSTICE
20. Governments should be encouraged to establish accessible legal aid centres or mechanisms for vulnerable women and provide adequate resources;
21. High standards and professional competence should be encouraged at all levels of the legal profession through continuing legal education.

WOMEN IN THE CRIMINAL JUSTICE SYSTEM
22. There is a need for more female police officers, prosecutors and women judges;
23. Improved legislation – removal of the need for corroboration and evidence of recent complaints, introduction of battered women syndrome as a defence in crimes committed by women;
24. Sensitising judicial, legal officers and law enforcement personnel when handling cases where women are victims or offenders.

INDIGENOUS PEOPLES RIGHTS
25. In this, the final year of the UN Decade of Indigenous Peoples, we urge Commonwealth Governments to acknowledge and consider the rights and customs of indigenous peoples and how they affect women;
26. Commonwealth parliamentarians, legal and judicial officers should be sensitised to develop an understanding of the environment in which indigenous peoples are placed.

LAND RIGHTS AND GENDER EQUALITY
27. There is a need for women to be made more aware of their rights and the fact that land issues are not just male concerns.