Northern Ireland Council for Ethnic Minorities (NICEM) June 2007

1. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and Shadow Reporting Northern Ireland Council for Ethnic Minorities (NICEM) June 2007

2. Outline of Day • General introductions • Introduction to CEDAW • Doing a Shadow Report • The UK and CEDAW • Introduction to the UK’s Sixth Report to CEDAW • Break into groups or discuss together • Report back and discuss how to go forward

3. What are human rights? • The Oxford English Dictionary definition, 1998 1. That which is morally correct, just or honourable 2. A moral or legal entitlement to have or obtain something or to act in a certain way

4. What are Human Rights? • Rights are about how the State should treat its citizens and what the citizen can expect from the State • The expression of ‘human rights’ is relatively new and only came into everyday use after World War II and the establishment of the United Nations (UN) • Protection against racism and discrimination is a central feature in all human rights instruments • The Universal Declaration was adopted in 1948 • It is inspirational – inspired over 50 constitutions worldwide

6. What are Human Rights? • International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965 • International Covenant on Civil and Political Rights (ICCPR), 1966 • International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 • UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979 • United Nations Convention Against Torture (UNCAT), 1984 • UN Convention on the Rights of the Child (UNCRC), 1989 • UN Convention on Migrant Workers and their Families, 1990

7. Introduction to CEDAW • Failure of human rights instruments to protect women • The UN General Assembly adopted CEDAW in 1979 • CEDAW establishes women’s right to non-discrimination on the basis of gender and affirms equality in international law • Commonly referred to as the ‘Women’s Convention’, CEDAW incorporates human rights standards in fundamental areas of life to be realised progressively by states • States Parties progress under CEDAW is monitored by a Committee through periodic reports every four years

8. Article 1 - Discrimination • Article 1 – “discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women • Irrespective of their marital status • On a basis of equality of men and women • Of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field

9. Article 2 – Eliminate Discrimination • Article 2 – Countries have to take measures to eliminate discrimination • Constitution or anti-discrimination law to make sure that women are treated equally • Sanctions prohibiting discrimination against women • Fines for people and bodies/organisations who discriminate against women • Withdrawal of funding for programmes • Ensure that government agencies and other state actors do not discriminate against women • Section 75 in the Northern Ireland Act 1998 • Equality proofing

10. Article 3 – Policy Measures • Article 3 – Policy Measures • The Government and its agencies are supposed to take policy measures to ensure that women enjoy their human rights on the same basis as men • National policy strategies • National promotional campaigns • Funding for women’s groups and special programmes

11. Article 4 – Temporary Measures/Positive Discrimination • Article 4 – Temporary Measures/Positive Discrimination • The Government is supposed to introduce ‘temporary measures’ to accelerate equality between men and women • 50/50 in the Northern Ireland Police Service • Quota to increase women’s representation in politics – the British Labour Party • Special quotas in the public sector in increase women at management levels • Special scholarships for women for university to train as doctors, lawyers etc.

12. Article 5 – Sex Role Stereotyping and Prejudice • Discrimination against women is due to stereotypical ideas – women in the home as mothers and men out in the world working • Governments are supposed to take measures to modify the social and cultural matters of men and women to eliminate sexist views • Family education includes a proper understanding of maternity as a social function • Family education should include recognition that both men and women are responsible for their development of their children

13. Article 6 – Trafficking and Prostitution • The Government shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women • There is a big issue with minority ethnic women being trafficked into the UK and Ireland for prostitution

14. Article 7 - Political and Public Life • Women can vote in elections and go for election • Participate in the formulation of government policy – consultation and representation • Participation in NGOs and associations involved in public and political life • Typically minority ethnic women are excluded or face barriers to participation

15. Article 8 – Representation • Women should be able to represent their governments at an international level • Women should be able to participate in international organisations

16. Article 9 – Nationality • Women should have equal rights to acquire, change or retain their nationality • Change of nationality of a husband should not automatically affect women • In some countries, women loose their nationality because of their husband or cannot change their nationality • Equal rights to nationality of women’s children • In some countries, children born to women cannot obtain her nationality, they take their fathers

17. Article 10 –Education • Same access to education as men for both rural and urban women • Career guidance • Pre-school education • General education • Technical education • Professional and higher level education • Access to the same curriculum and teaching staff • Access to same examinations • Education grants and scholarships • Elimination of stereotyping in schools • Access to information on health and well-being, including family planning

18. Article 11 – Employment Rights • Women have the same right to employment • Women have the same rights to promotion, job security, benefits, advanced vocational training • Women have the right to social security, particularly in cases of retirement, sickness etc. • Women have the right to be protected against unsafe working conditions

19. Article 11 – Employment Rights • Maternity rights • Government must protect women so they do not loose their jobs • Promote social services to enable families to combine their work responsibilities and participation in public life • Childcare

20. Article 12 – Healthcare • Eliminate discrimination in healthcare, including those related to family planning • Provide supports for women having children, maternity leave, free services where necessary

21. Article 13 – Financial Matters • Women have equal right to family benefits • Bank loans, mortgages etc. • Participate in recreational activities

22. Article 14 • Allow women to participate in rural development through planning • Access to healthcare, including counselling and family planning • All types of training, including literacy and community services • Organise self help groups and community activities • Adequate living conditions

23. Doing a Shadow Report • When Government’s signs and ratifies the Convention, they trigger a monitoring process • The CEDAW Committee is based in New York – experts in women’s rights • It examines each country every four years • The Government submits a report on how it is progressing under the Convention

24. How do women’s groups use CEDAW? • The CEDAW Committee works on the principle of ‘constructive dialogue’. It is not a court, it tries to discuss issues with the Government • It is up to us to make government’s embrace rights and make them accountable • Most women’s groups use CEDAW as a political tool • By doing Shadow Reports, women’s groups can highlight where the Government is failing to meet its duties • Creates awareness of the Government’s duties generally • You can translate CEDAW’s articles into policy and law

25. Doing a Shadow Report • Government’s never tell the truth • It is up to NGOs to inform the CEDAW Committee on the Government’s failings • When NGOs write a Shadow Report – it is a critique of the Government’s report • The CEDAW Committee relies on all this information

26. CEDAW • There is a special hearing in New York – NGOs get a special session and the Government have a session where they are asked questions • CEDAW then writes recommendations within two weeks and issues them to the Government

27. Doing a Shadow Report • Understand the CEDAW rights • Look at what the CEDAW Committee said about the UK last time round • Apply them to your local situation • Look for gaps in protection i.e. where are service providers noting meeting your needs? Is the law failing to protect you from discrimination? • Gather case histories and stories – turn these into facts • Accurate information, statistics and newspaper reports

28. How do NGOs use CEDAW? • In 2002, Casa Amiga and Equality Now submitted a request to the CEDAW to investigate the abduction, rape and murder of women in and around Ciudad Jurez • CEDAW subsequently received communications from the Mexican Government and visited Mexico • CEDAW acknowledged that there were grave systematic abuses of women’s rights for over ten years • They mention that the same treatment is spreading in Mexico • Recommendations concerning the investigation of the crimes and punishment of the perpetrators • Preventing violence and guaranteeing the security and human rights of women

29. The UK and CEDAW • The signed CEDAW in 1981 and ratified it in 1986 • The CEDAW Committee considered the UK’s third and fourth report in 1999 • The Government submitted its fifth report in 2003 • It submitted its sixth report to the CEDAW Committee in May 2007

30. What did the Committee say about the UK? • From the last examination in 1999 • 286. Women in Northern Ireland had played a very active role in the peace process and 14 women had been elected to the new Northern Ireland Assembly, which had a total of 108 seats. Transferred responsibilities included responsibility for equality legislation, including sex discrimination and equal pay legislation, for women’s issues generally, and for the administration of the new Equality Commission. The representative stressed the commitment to a continuing and effective process on women’s issues in Northern Ireland. • Devolution – the CEDAW Committee was concerned that with different regimes in place, the protection of women’s human rights will be uneven.

31. What did the Committee say about the UK? • The Committee recommended that there be a national unified strategy to implement all provisions of the Convention “so that all women in the entire territory of the State party can benefit equally” • The Committee was concerned that the definition of discrimination in the Convention – which includes indirect discrimination is not part of the law

32. What did the Committee say about the UK? • The Committee was concerned at the low number of women in public and political life, the judiciary and higher education • The Committee recommended to the Government that it strategies be adopted to encourage women to seek public office, government appointments etc.

33. What did the Committee say about the UK? • The Committee was concerned about the overall lack of information provided by the Government about women • “The Committee expresses concern at the disadvantaged situation of women belonging to ethnic minorities, notwithstanding the existence of legislative protection against discrimination on the basis of race and ethnicity”.

34. What did the Committee say about the UK? • The Committee recommends that steps be taken to ensure the elimination of direct or indirect discrimination against ethnic minority women, including through: • Positive action in recruitment • Awareness campaigns • Targeted training, education, employment and health-care strategies

35. What did the Committee say about the UK? • The Committee expressed concern at the high level of teenage pregnancy and transmission of sexually transmitted diseases • The Committee noted with concern that the Abortion Act 1967 does not extend to Northern Ireland where, with limited exceptions, abortion continues to be illegal

36. What did the Committee say about the UK? • The Committee recommended – sexual health programmes and measures • The Committee recommends that the Government initiate a process of public consultation in Northern Ireland on the reform of abortion law

37. What did the Committee say about the UK? • Nothing about violence against women in national strategies on women • The Committee noted the high number of minority ethnic women in prisoners and high level of imprisonment for minor offences • Particularly in Northern Ireland, the Committee was concerned about female prisoners being held in inadequate educational and rehabilitative facilities

38. Government Report on Minority Ethnic Women • Ethnic Minority Task Force – improve employment and overall achievement of minority ethnic women • Did this Task Force do anything in Northern Ireland? • Was it effective? • Are minority ethnic women in Northern Ireland still underemployed etc.?

39. Government Report on Minority Ethnic Women • Parents Outreach for Ethnic Minorities – designed to help women overcome language difficulties, provide skills training and access to childcare • The programme was supposed to target Pakistani and Bangladeshi women • Did this programme happen in any Northern Ireland cities?

40. Government Report on Minority Ethnic Women • Deprived Areas Fund – funding for Action Teams, Ethnic Minority Outreach and Working Neighbourhoods Pilots • Did Northern Ireland benefit from this programme?

41. Government Report on Minority Ethnic Women • Invest Save Budge Pilots – programmes aimed at helping ethnic minority women find work • Did Northern Ireland benefit from this programme?

42. Government Report on Minority Ethnic Women • Civic participation programmes – special programmes for minority ethnic groups to increase representation • Did any of these programmes happen in Northern Ireland? • What is representation of minority ethnic women like in different areas of public life?

43. Government Report on Minority Ethnic Women • Special programmes aimed at strengthening the role of Muslim women within communities • Have any been launched in Northern Ireland? • What impact have they had?

44. Government Report on Minority Ethnic Women • Government talks about its different trafficking measures to protect women and children • Have the happened in Northern Ireland? • Have they been effective? • Is trafficking and prostitution a serious problem in Northern Ireland?

45. Government Report on Minority Ethnic Women • The Government report lists a range of “wonderful” measures in education • Pre-school education • Increasing numbers of women at all levels of education, both teaching and participating • Provides for education of school age mothers • Are these happening in Northern Ireland? • What are the barriers to education? • What is minority ethnic women’s participation like in education?

46. Government Report on Minority Ethnic Women • Peace Funding for women’s groups • Did ethnic minority women get this funding? • What has happened since it has run out

47. Other issues • Reproductive health services • Abortion • Social welfare and pensions • Targeting women’s projects • Rural networks and projects • Violence against women measures

49. What else should be here?

50. Next Steps • Look at the Convention – are there any gaps • Look at the Government’s report – does it tell the truth • What in particular does the CEDAW Committee need to know about minority ethnic women in Northern Ireland • Gather stories, accurate statistics and evidence • Put them in a Shadow Report