Introduction
To ensure principles of gender equality and non-discrimination are incorporated into qanun making at this critical time in Aceh, it is important to adopt a framework that outlines the meanings of these terms. The Convention on the Elimination of All Forms of Discrimination Against Women provides a framework for addressing a range of issues, including integrating gender equality perspectives into legislation in Aceh.
What is CEDAW?
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is a human rights treaty. It was adopted in 1979 by the UN General Assembly, and is often described as an international bill of rights for women. It defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. To date, 185 countries, over 90% of the members of the UN are party to the Convention.
The CEDAW Convention contains 30 articles: Articles 1 to 16 state various mechanisms to ensure that women receive equal treatment in society and are free from discrimination in the political, social, economic and cultural fields. Articles 17-30 are concerned with the establishment and function of the CEDAW Committee and the administration of the Convention.
General Recommendations (GRs) are produced by the Committee as mandated by Article 21 of the Convention. GRs elaborate the Committee's view of the obligations assumed under the Convention. To date there are 25 GRs.
The Principles of CEDAW
Under CEDAW, the meaning of women's human rights is constructed on three main interlinked principles:
- The Principle of Equality
- The Principle of Non-Discrimination
- The Principle of State Obligation
These principles serve as useful tools to understand gender equality and advocate for the advancement of women. Although each principle is a distinct element in itself, they are also interdependent. Taken together, they provide a holistic framework for achieving women's rights.
CEDAW and Indonesia
Indonesia ratified the CEDAW Convention in 1984. At the 39th Session of the CEDAW Convention reporting in New York in July 2007, it was recommended that Indonesia should revoke all its regulations that are biased against women.
The meeting appreciated several steps taken by the Government of Indonesia in implementing the Convention such as the issuance of the 1999 Law on Human Rights, the 2004 Law on the Elimination of Domestic Violence, the 2006 Law on Witness's and Victim's Protection, and the 2007 Law on Human Trafficking.
The head of Indonesia's delegation for the New York meeting Meutia Farida Hatta Swasono, Minister for Women's Empowerment, was quoted in a recent Jakarta Post article (27 September 2007) about the meeting, "there are currently 29 laws which are gender biased and we have suggested to the related ministries to amend them." The Minister also said the meeting criticized the Indonesian government for its failure to fully integrate the CEDAW Convention into Indonesian laws and the State Ministry for Women's Empowerment for its inability to play a significant role in imposing the CEDAW convention.
Syariah Islam & CEDAW
The cross-section between human rights instruments and Islam has been extensively debated and many Muslim states have entered reservations to CEDAW. However, an examination of CEDAW's articles demonstrates that there is no conflict between the provisions of CEDAW and Islam. This instrument supports many of the rights already granted to both Muslim men and women.
Here is an example of this compatibility:
CEDAW Article 3: States Parties are obliged to take all appropriate measures to ensure that women can enjoy basic human rights and fundamental freedoms.
The advancement of women has been a goal of Islam since the 7th century. Several verses of the Quran address the advancement of women in the context of Arabia at that time. Verses addressing women's right to their own earnings, female infanticide, and women's property rights revolutionized the status of women. Continuing to address these issues continues the mission that Islam began with, to empower all members of its community.
CEDAW Training for Aceh
The first in a series of three "Training of Trainers" sessions on the CEDAW Convention was held in Medan, North Sumatra from 18-21 September 2007.
Organised by the UNIFEM Project Office in Aceh, the training was conducted by Shanthi Dairiam, a member of the CEDAW Committee, and was attended by twenty five representatives of Acehnese academicians, government institutions, and human rights and women NGOs.
Participants engaging in lively group discussion at CEDAW Training in Medan
The training aims to develop a core group of human rights practitioners with the capacity to raise awareness and advocate for incorporation of the principles of gender equality and non-discrimination as framed by the CEDAW Convention into the qanun making process and relevant policy reform.
How can CEDAW assist the Qanun process?
- As a framework to integrate gender equality perspectives into legislation in Aceh.
- As a benchmark for gender policies and a standard for accountability.
- As an international human rights instrument, CEDAW lends weight to the policies it promotes. 185 countries have ratified CEDAW, including Indonesia.
- Its broad appeal supports the promotion of women's rights in many different cultural and religious contexts. Most Muslim countries have ratified CEDAW, demonstrating Islam's compatibility with it.
- CEDAW affirms women's rights as human rights and thus calls attention to gender issues from a human rights perspective.
- CEDAW’s broad definition of discrimination provides a basis to advocate for the removal of discriminatory provisions in legislation.
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