Item 12
Integration of the human rights of women and the
gender perspective
Oral
statement by the Transnational Radical Party, a
non-governmental organisation in general consultative
status
Delivered by Chiara Steindler
Geneva, 13 April 1999
Madam Chairperson,
The issue of the
implementation of human rights of women is closely
inter-linked with all the other fields of human
rights, from the promotion of human rights and
fundamental freedoms to the realisation of economic,
social and cultural rights and the administration of
justice, and with the international, regional and
national policies.
The existence and
respect of the Rule of Law in accordance with the
international law, is a fundamental condition for the
enjoyment of all fundamental rights and liberties. It
is therefore especially dangerous when a particular
interpretation of religious law and customs sets
itself above international law and the accepted
humanitarian rules.
The list of
international conventions and treaties of which
Afghanistan is a party is too long to quote here, but
it certainly includes the most important Covenants;
moreover, Afghanistan has signed the Convention on
the Elimination of All Forms of Discrimination
against Women too. However, the Taliban authorities
maintain that "if a promise, convention, treaty
or other instrument, even if it was in the Charter of
the United Nations, was contrary to Shariah, they
would not fulfil it or act on it. The provisions of
international human rights instruments could not be
applied if they conflicted with God's law"
(Final report on the situation on human rights in
Afghanistan by UN Commission's Special Rapporteur,
Mr. Choong-Hyun Paik; E/CN.4/1997/59).
We would like to draw
your attention again to the continuous deterioration
of the situation of women in Afghanistan. The
violation of their rights range from fysical
violence, denial of access to health care, education
and employment outside the home to severe
restrictions of their freedom of movement The ruling
Taliban declares to restore Islamic purity and
fundamentalism and uses a particular interpretation
of Islam as a pretext for its unprecedented
discrimination against women. This interpretation is
rejected by a large part of the Islamic world, for a
simple reason: Islam in theory has given men and
women equal rights in every aspect of life, and also
the same spiritual status.
In Afghanistan scores
of women have been abducted and raped by members of
the various political factions, often being treated
as the spoils of war. Thousands of women have been
indiscriminately killed in fighting between opposing
sides in the conflict, and hundreds of thousands of
women and children have been displaced or forced to
flee the country as a result of systematic human
rights abuses.
In recent years, the
Taleban have imposed a new form of repression against
women in Kabul, Herat, Kandahar and other areas they
control. The situation of women in these areas
deserves special attention by the international
community. Tens of thousands of women remain
restricted to their homes under Taleban edicts
banning them from seeking employment, education or
leaving home unaccompanied by a male relative. These
restrictions have been enforced through the use of
cruel, inhuman and degrading punishments and
ill-treatment including the beating of women by
Taleban guards in detention centers or in public
places.
One manifestation of
the freedom of expression is, without doubt, the way
a person dresses and looks. The restriction placed by
the Taliban movement on the appearance of women and
the strict imposition of wearing burqa amounts to the
violation of the very right to personality and to
freedom of expression.
We would like to
reiterate that all these abuses are based on a
particular interpretation of Shariah (God's Law) and
that the acceptance or tolerance to these practices
by the international community would mean to
undermine the system and the principles of
international law itself.
The constant attention
of the Commission at the worrying situation in
Afghanistan is certainly proven by a number of acts,
the most recent of which is the resolution 1998/70,
nevertheless members of the international community
have provided support to the warring factions.
Unfortunately, even a body of the UN, the United
Nations Drug Control Programme, concluded an
agreement with the Taliban on considerable amount of
money for the eradication of poppy straw in
Afghanistan. Apart from the questionable efficiency,
this step risked to provide legitimacy of the regime
in Afghanistan. It is a duty of the international
community to ensure that those who receive its
assistance protect women's rights and human rights.
The Transnational
Radical Party is convinced that all the aid and
co-operation programmes - except for humanitarian aid
- should be suspended until the government in
Afghanistan shows respect for the human rights of
both men and women.
The Transnational
Radical Party urges this Commission to pay due
attention to the unbearable situation of the Afghan
women and to approve a resolution condemning the
abusive practices in Afghanistan.
Thank you, Madam
Chaiperson.
