HERALD WEEKLY ISSUE 491 : 23 December 2009

Ending domestic violence against women

Enacting Domestic Violence legislation and setting up a Regional Human Rights Commission were two of the main initiatives that came out of the Consultation for Regional Members of Parliament on Advancing Legislative Change on Violence Against Women & other Human Rights Issues held from 14th – 18th December 2009, at Diana Plaza Hotel, Woolloongabba, Brisbane, Australia.
The meeting was attended by the Opposition’s Hon Nandi T Glassie and Leader of the House, Hon John Tangi.
In summary, the meeting covered major areas of Human Rights in the Pacific, Violence against Women in the Pacific, Temporary Special Measures for Women in National Decision Making, National Human Rights Institutions, Universal Periodic Review, Human Rights and International Rights System, the roles of MPs in addressing Violence Against Women (VAW), Equality and Discrimination, HIV and the Law.
In reporting back to Cabinet, they commented as follows;
“As of introduction, we note that in order to provide any report to Cabinet, we were mindful of key points. First, we feel we were obligated to provide a daily report of the workshop, to indicate to both sponsors and the people of the Cook Islands our commitment. We disagree with MPs who did not weigh the importance of providing evidence of attending regional and international conferences thus denying public accessibility to treasured information. To us, this is accountability and responsibility.
Issues of violence against women and human rights, to be taken seriously, have to be entrenched in the respective legislations around the Pacific. The rights of women to have a place in Parliaments to bring about gender equality at the high level of decision making process, was highlighted. HIV is a growing concern, spreading throughout the region and worst still in some highly populated island nations.
The meeting began with a welcoming comments and an introduction of Guest Speaker by Imrana Jalal, Senior Human Right Adviser, RRRT.
Hon Cameron Dick MP, Attorney General for Queensland State Parliament declared the meeting open with opening remarks on Domestic Violence and HIV aids. He said in understanding these critical issues, we have to be open and frank about them. We need to change attitudes and behaviour toward creating a safe and protected society, particularly from vulnerable groups like the children, the disabled, the old aged and women. He raised points from the Cairns Forum Communique held in August 2009 on Sexual and Gender-based violence and general comments on HIV aid.
On the first day of the meeting, the following issues were raised;
“The Pacific Plan - Lionel Aingimea
The Pacific Plan involves and takes into account the talents of the region. At the same time it also will not step on the toes of sovereignty. The Pacific Plan is not there to replace national programmes but is there to help and boost national programmes. In the area of human rights this can take form of changing laws that discriminate against women and children. Leaders of the Pacific have this mandate to carry out in their own countries the vision of the Pacific Plan.
The Cairns Communiqué amongst the many things it highlights sets an agenda for the Pacific leaders to look at closely the issue of Sexual Gender based violence. This of course follows on the Human Rights issues set out in the Pacific Plan.
The communiqué issued by the 39th CRGA which was held in Tonga this year also highlighted those Human Rights issues that are important to the Pacific. Amongst the Human Rights issue highlighted the CRGA is the need to look at a regional human rights mechanism that will address how the Pacific is responding to human rights conventions.
Equality and Discrimination – Peter Creighton
Discrimination refers to treating people less favourably because of an assumed quality such as race, sex, religion and birth. Equality can be achieved through ensuring Constitutions prohibits all forms of discrimination; ensure government policies/programmes do not discriminate; amend discriminatory laws; enact a law to prohibit discrimination; support public education to end discriminatory attitudes; make allowances for differences and support well-designed affirmative action.
CEDAW – Gwen Phillip
“There is no policy more effective in promoting development, health and education than the empowerment of women and girls. And I venture that no policy is more important in preventing conflict, or in achieving reconciliation after a conflict has ended.” Kofi Anan
CEDAW stands for Convention on the Elimination of All Forms of Discrimination against Women; it addresses women’s rights to equality in all areas; rights for women in civil, political, social, cultural & economic.”
On the second day of the meeting, delegates discussed the topic of Violence Against Women (VAW).
It was noted that violence against women had a high level of denial. The key theme was that as a result of a survey conducted in the Solomon Is. and Kiribati, four key findings were highlighted as reasons for violence. They were (i) drunkenness, (ii) jealousy (iii) disobedience from doing house work, and (iv) refusing sex.
It was found that the equal the gender issue the less the violence, the more unequal the genderisation the more the violence.
The delegates discussed domestic violence, criminal assault in the home, sexual violence, the role of MPs in addressing violence and good legislation models.
Delegates considered what was the best agency to handle domestic violence and there was a suggestion to bring all agencies involved (Police, Welfare, etc) under one when dealing with domestic violence as a One-Point-Stop. The challenge was to look at making relevant legislation possible for victims of domestic violence to get immediate help through an agency that provides all the necessary protection, e-.g protection order, non-molestation order.
On the third day delegates considered domestic violence legislation and considered that a domestic violence bill may be a strategy for change.
There were also general presentations on the Universal Periodic Review, London-based organisation of United Nations Human Rights, specialised in periodic review of international members of the United Nations on Human Rights.
The rest of the afternoon was spent on HIV and Climate Change. Both topics were familiar to participants as there were sufficient exposures, media releases, discussions and written materials on them.
On the final day, delegates discussed the topic of temporary measures to increase the number of women in parliament. Reserved seat quotas was discussed. Nandi Glassie also presented a case study to the group.
A motion was moved calling on the Forum Secretariat and SPC to explore the setting up
of a Regional Human Rights Commission to serve the needs of Pacific Island Governments and Peoples in our region.
Delegates were aware of the difficulties involved in the setting up of a regional commission in relation to financial resources and technical expertise, let alone the required element of independence.
However, a Regional Human Rights Commission, consisting of Pacific nations under a collective umbrella was a sound option to consider, as most Pacific countries cannot afford to set up a national commission because of lack of financial resources and technical expertise; and also the critical aspect of complying with the Paris Principles on independence, autonomy and accountability. A regional solution would allow resources to be pooled with small offices scattered throughout the region.

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