The 50th Session of the Human Rights Council
13 June – 8 July 2022
Item 3: Interactive Dialogue with Special Rapporteur on Violence Against Women, its Causes and Consequences
20th June 2022
By Anyssa Boyer / GICJ
Executive Summary
On the 20th of June, at the 12th meeting of the 50th Human Rights Council, Special Rapporteur, Reem Alsalem presented her report to the Council and followed by an Interactive Dialogue on violence against women, its causes, and consequences.
Ms Alsalem shed light on the deep-rooted vulnerabilities of indigenous women and girls to complex and intersectional forms of violence that stem from patriarchal power structures, racial and ethnic discrimination, and socio-economic standing. She underlined indigenous women’s fear of stigmatisation, language barriers, and re-victimisation risks. The Special Rapporteur voiced her concern on women’s serious barriers particularly gender-based violence that hinder the realisation of their self-determination and human rights. She stressed that the COVID-19 pandemic exacerbated pre-existing forms of gender-based inequalities and urged States to better deal with crises to come as well as the current environmental crisis we are facing. Ms Alsalem underlined the clear nexus between gender violence and the climate crisis. She explained that the climate crisis exacerbates the rates of violence against indigenous women, hindering their active involvement in climate conservation practices. Indigenous women also lack recognition as human rights defenders and are important agents in our fight against climate change. The Special Rapporteur reminded the council and members of the international community that such women must be recognised as resilient actors capable of transformational changes.
Background
In December 1993 the Declaration on the Elimination of Violence against Women was adopted by the General Assembly in resolution 48/194 establishing the mandate of the Special Rapporteur. In March 1994, Ms Radhika Coomaraswamy was appointed as Special Rapporteur by the Human Rights Commission in resolution 1994/45. Under the mandate the Special Rapporteur identified and collected information displaying violence against women, its causes and consequences. She was also instructed to use this information to propose measures and mechanisms to address violence against women at the regional, national, and international levels, working together with human rights mechanisms to erase such violations that hinder women’s fundamental rights. In 2003, the mandate was extended under resolution 2003/45. In 2019, it was renewed by resolution 41/17 which called to accelerate efforts to eliminate all forms of violence against women and girls: preventing and responding to violence against women and girls in the world of work.
In July 2021, Ms Alsalem was appointed as Special Rapporteur by the Human Rights Council on the issue of violence against women, its causes and consequences, covering a period of three years effective from 1 August 2021. During the first five months of her mandate, Ms Alsalem began with introductory meetings that encouraged active participation between different United Nations bodies, associated funds, programmes agencies and experts. On 5 October 2021, she presented an oral update to the General Assembly presenting the latest report submitted by the previous mandate holder. Following her presentation, Ms Alsalem described the way in which she saw the evolution of her mandate for the three following years. Her latest statement was delivered on 14 March 2022 at the opening meeting of the Commission of the Status of Women in New York.
In the Human Rights Council’s 50th Session, Special Rapporteur Reem Alsalem presented her report on violence against women, its causes and consequences. Ms Alsalem worked to expand on the work and achievements of previous mandate holders. The mandate represented an essential pillar in women’s rights since it acknowledged violence against women as a violation of women’s human rights. Furthermore, the mandate called for the implementation of the issue into the United Nations human rights framework and mechanisms.
In the presentation, Ms Alsalem thanked the government of Mongolia for its excellent cooperation during her visit and provided the country concerned with the opportunity to present a statement in response. The delegation of Mongolia expressed its sincere gratitude for its close collaboration and constructive dialogue with the Special Rapporteur and welcomed her comprehensive report. The representative of Mongolia stated that the recommendations are being carefully reviewed and implemented. She believes that the country has made considerable progress but provided assurance that work will continue to ensure the promotion of human rights for indigenous women and girls.
In the ensuing discussion, State delegations, international organisations, and non-governmental organisations (NGOs) voiced their support and concerns on issues pertaining to violence against women, its causes and consequences. The majority recognised the serious intersectional barriers that indigenous women and girls face and the necessity to address the root-causes of intergenerational cycles of violence. Moreover, delegations clearly noted poor institutional systems that fail to provide adequate access to justice and reparation to victims of gender-based violence. State delegations emphasised the importance of holding perpetrators accountable, the importance of addressing ongoing impunity, and further stressed how fear and stigma often result in significant underreporting of violent crimes. In light of the environmental crisis, delegations recognised that human rights of indigenous women and girls are severely compromised. The importance of recognising the systemic roots of violence was also brought up by member states. Finally, state delegations and international organisations emphasised the necessity of acknowledging indigenous women as the rightful inhabitants of their territories. They reiterated that indigenous women and girls are entitled to exercise their right to self-determination and should be recognised as human rights defenders and agents of change.
Report of the Special Rapporteur on Violence Against Women, its Causes, and Consequences
On Monday 20th of June, the Special Rapporteur presented her report at the 50th Human Rights Council session. Ms Alsalem’s report focused on the intersectional vulnerabilities faced by indigenous women and girls stemming from serious forms of gender-based violence and dating back to roots of colonisation and post-colonial power-structures. These include forced sterilisation, trafficking and sexual violence, all emerging from contexts of displacement or migration, conflict, and harmful traditional practices. She underlines that these various forms of violence experienced by women are inflicted by State agents, non-State actors including armed forces, civil society, and more. Gender-based violence is however a violation that is significantly underreported meaning that perpetrators often enjoy impunity. Indigenous women and girls face barriers when accessing justice, all which severely hinder their fundamental rights. Communities and State institutions harbour an environment that promotes widespread risk of discrimination, bias, fear of stigmatisation, language barriers and re-victimisation risks. Indigenous women and girls risk further marginalisation from justice systems, receive no provision of care for violations endured, and as a result suffer from intergenerational trauma while gender-based violence continues to persist across generations.
The Special Rapporteur sheds light on gender-based violence against indigenous women and girls. More specifically, she intends to draw attention to longstanding and intergenerational violence inflicted against indigenous women and girls. Ms Alsalem also wishes to investigate the extent to which violence against indigenous women and girls intersects with other human rights violations. Finally, she strives to assist States, non-State actors and other stakeholders on the requirements and measures necessary to prevent, protect and halt violence against indigenous women and girls, while abiding with core principles and obligations of international human rights law.
Ms Alsalem highlighted international and regional frameworks creating a basis for the principles of the rights of indigenous peoples and rural rights holders. First, the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly on 13 September 2007, asserting the basic and fundamental rights of indigenous peoples. In this convention, special emphasis was placed on indigenous elders, women, youth, children, and individuals with disabilities. Second, the Indigenous and Tribal Peoples Convention (No.169) adopted in 1989 by the International Labour Organisation, being the most advanced international treaty for the advancement of indigenous peoples’ rights. The Special Rapporteur also emphasised that indigenous women and girls fall under the indirect protection of core human rights treaties enshrined in United Nations conventions and mechanisms. Furthermore, the Committee on the Elimination of Discrimination against Women is in the process of drafting recommendations to further promote the rights of indigenous women and girls while considering fundamental principles of protection against gender-based violence.
Ms Alsalem stressed that indigenous women and girls are highly affected by the environmental crisis which significantly destroys their traditional livelihoods, cultural identity and right to self-determination, exacerbating existing exposure to gender-based violence. Industrial agriculture and recent surges in extractive industries have severely interfered with indigenous people’s livelihoods, affecting their physical well-being and safety. Ms Alsalem underlined how indigenous women and girls are not recognised as “guardians of valuable traditional knowledge in their communities” and are instead undermined and robbed from active political participation. Their long-standing knowledge on sustainable practices, climate action and mitigation are not incorporated into State-led policies and initiatives. All forms of activism and advocacy by indigenous women and girls are largely undermined and forcefully interrupted by governing forces. Domestic legislation and frameworks set in place to protect women fail to acknowledge the vulnerabilities of indigenous women and girls. Lastly, the Special Rapporteur shed light on the depiction of indigenous women and girls as victims of violence instead of resilient actors and agents of change that have continuously fought, resisted, and addressed the elimination of all forms of violence against women.
The Special Rapporteur called on States to ensure that indigenous women participate in consultations and legislative procedures that are key to addressing violence against women. Ms Alsalem urged States to address the “endemic impunity” associated with crimes against women, and ensured that once overcome, violence against women can and will be prevented. She called on governments, financial institutions, the private sector, and other non-State actors to take responsibility in abiding by principles of the United Nations Declaration on the Rights of Indigenous Peoples as well as indigenous women and girls’ rights to their own lands and to self-determination during development and natural resource extraction projects. The Special Rapporteur called on improving indigenous women and girls’ access to health-care systems, including sexual and reproductive health services. Moreover, she emphasised the importance of embracing indigenous women and girls’ cultural identities by offering appropriate services, and denounced any behaviour that normalises further marginalisation. Finally, she urged States to provide indigenous women and girls equal access to justice systems, condemning any form of discrimination.
Interactive Dialogue
Speaker of the Country Concerned
The Mongolian delegate thanked the Special Rapporteur’s comprehensive report on violence against women, its causes and consequences. The report’s recommendations were welc
omed and carefully reviewed. The delegate stated that Mongolia has implemented measures reflected in the recommendations and continues to carefully monitor women’s rights and freedoms in the country. Mongolia declared the recent conclusion of the 10th periodic report on the Elimination of Discrimination against Women where Committee Experts applauded the country’s effort in the promotion of gender equality, women’s participation in the political sphere, and establishment of programmes for rural women. Significant achievements have been noted in the country, but the delegation emphasised that more measures are still required. She ended with reiterating her enthusiasm for future independent dialogues with human rights experts in the spirit of halting all forms of discrimination against women, its causes and consequences.
The delegation of Sudan welcomed the report of the Special Rapporteur. The delegate indicated that the country of Sudan has since implemented several strategies aimed at promoting women’s active role in societies. Training, empowering, and the establishment of action plans against gender-based violence have been core priorities for the government. The delegation of Sudan emphasised that female genital mutilation has been criminalised since 2020 and that awareness campaigns against do
mestic violence and gender-based violence have been created. Sudan commits to the internationally enshrined Security Council resolution on women, peace, and security. Sudan is determined to combat gender-based violence and has implemented workshop activities aimed to empower and protect women in areas of voluntary returns. The delegation of Sudan pointed out the challenges women face in terms of cultural customs and traditional practices.
The head of the delegation of the European Union to the United Nations started by thanking the Special Rapporteur for her report. The European Union assured the committee of being committed to preventing and combating violence against indigenous women and girls, currently placing the issue as a priority. The delegation recognised that indigenous women and girls face complex and intersectional forms of violence and discrimination. They further emphasised the necessity of holding perpetrators accountable and how such crimes negatively impact women’s enjoyment of their human rights. The EU stressed women’s elevated risks for sexual and gender-based violence which include forced sterilization, harmful traditional practices, and conflict-related violence. They also underlined how women embodying the role of human rights defenders are subject to various forms of violence and harassment when participating in public and political life, advocacy and activism. The delegate commended women and girls’ resilience and their active role as agents of change to combat ongoing cycles of violence. Finally, the EU asked the Special Rapporteur how women and girls can be better included as impactful agents in national and international processes working toward the elimination of violence.
Next, the representative of Lithuania, on behalf of Poland and Ukraine voiced his concern and condemned Russia’s brutal military aggression in Ukraine which has disproportionately affected women and girls in the concerned countries and called on the international community’s assistance. The delegate emphasised the fear and stigma women face, that often leads to significant underreported sexual and gender-based violence and crimes. The representative of Lithuania emphasised that all forms of violence against women are used as “weapons of war to humiliate, intimidate, and terrorise all the population.” He stressed the importance of holding all perpetrators accountable and halting cycles of impunity. The representative asked what measures can be implemented to better protect women and girls in the context of Ukraine. Finally, he asked the Special Rapporteur how the international community and civil society can ensure the promotion of justice and accountability for human rights violations and abuses.
The delegation of Ecuador on behalf of Argentina, Brazil, Colombia, Costa Rica, Guatemala, Honduras, Mexico, and others shared their grave concern for women’s rights. They welcomed good practices established by states and actors promoting actions that prevent and protect violence against women. They called for the creation of necessary defence and protection mechanisms to safeguard indigenous women and girls’ rights. The delegation reiterated the importance of implementing normative and political frameworks that safeguard gender equality and women and girls’ specific needs. The delegation of Equator assured its commitment to fight for the promotion and respect of indigenous women and girls’ rights. Finally, they asked the Special Rapporteur how states can adopt effective ways to promote the active participation of indigenous women and girls in justice and reparation systems.
UN Women welcomed the report of the Special Rapporteur and recognised the disproportionate level of gender-based violence faced by indigenous women and girls, perpetrated by state and non-state actors. UN Women also emphasised the intersecting roots of gender-based violence with issues pertaining to armed conflicts, climate change, industrial-scale agriculture, environmental degradation, and legacies of colonialism. The organisation reminded States of their obligation to prevent, investigate, and punish perpetrators of violence and their responsibility to provide indigenous women and girls with more visibility and adequate access to justice and survivor centre establishments. UN Women called for the implementation of legal and policy reforms that support the elimination of discrimination and violence against indigenous women and girls. Within these frameworks, UN Women called for the adoption and implementation of measures that halt discriminatory gender stereotypes. Furthermore, they highlighted the necessity to gather disaggregated data for the creation of evidence-based policies and programming.
The Food and Agriculture Organisation (FAO) reiterated indigenous women’s lack of recognition for their fundamental rights. Their land rights are increasingly stripped away because of climate change, competition for natural resources, and environmental degradation. FAO stressed that indigenous communities possess a wealth of knowledge that is instrumental for not only their relationship with their environment but also the preservation of their foods and territorial management. They noted that their organisation operates alongside three core pillars. The first seeks to “promote recognition of their knowledge as real knowledge”; “promote recognition and respect for the rights of indigenous people including free, prior, and informed consent in ensuring the inclusion of indigenous women”; and “promote indigenous women participation in policy making processes by the implementation of indigenous women’s leadership schools.” FAO called on the international community and members of civil society to collectively address the ongoing discrimination experienced by indigenous women and girls. They ended by emphasising that these individuals are agents of change and knowledge-holders on many issues pertaining to our environment.
The delegation of Canada reiterated the intersectional forms of violence indigenous women and girls continuously endure which contribute to intergenerational trauma. Canada urged States to take all necessary steps and measures to address and prevent gender-based violence. Furthermore, they stressed the need to promote indigenous women’s participation in decision-making processes in political spheres and UN systems. The delegation of Canada reiterated the importance of facilitating indigenous women and girls’ access to justice and sexual and reproductive rights. Canada reiterates the importance of carrying comprehensive investigations, punishing perpetrators and providing necessary reparation for indigenous victims and survivors. The delegation demonstrated its support on establishing access to disaggregated data which will accumulate evidence on the disproportionate rates of violence experienced by indigenous women and girls. Finally, the delegation of Canada displayed its recognition for the complete representation of indigenous people when discussing matters that directly affect and concern them.
The delegation of the Russian Federation directly opposed the report of the Special Rapporteur. The Russian Federation stated that it lacked understanding behind the legitimacy of separating ‘indigenous women’ and ‘women’ into two distinctive categories. Russia found the measures to advance the protection of indigenous peoples, including women and children, and their land rights excessive. The delegation believed that indigenous women’s issues are no different to the struggle of non-indigenous women. The country explained that it does not agree to providing special programs and legislation to protect indigenous women against violence, claiming that all women deserve equal treatment. Russia reminded the Special Rapporteur to maintain UN terminology and not to raise controversial concepts such as environmental violence, cultural violence, and militarisation of habitat and territory. Finally, the delegation blatantly stated that establishing an equal base for the rights of women and girls is counterproductive since children, unlike adults, have not yet developed the capacity to understand their full range of rights. They are instead still under the guardianship of their parents or other lawful representative up until they reach maturity.
NGOs and National Human Rights Institutions
Following the list of speakers, the floor opened to NGOs and National Human Rights Institutions. They welcomed the Special Rapporteur’s report and commended her efforts. NGOs and Human Rights Institutions highlighted the strong linkage between violence against women and women’s socio-economic standing. They also reminded the international community that patriarchal norms and the long-lasting effects of colonial dispossession hinder indigenous women’s rights to exercise self-determination and lead to an increase in victims of violence. In addition to women’s inadequate access to justice due to fears for discrimination and stigmatization, COVID-19 and the environmental crisis have challenged the achievement of women’s rights. National Human Rights Institutions stressed the importance of adopting effective measures to protect indigenous women and girls’ rights, while simultaneously addressing the root-causes of violence. NGOs shed light on femicides and aggressions that target vulnerable women the most. These violations are not criminalised, perpetrators remain unpunished, and assisted reparations are not adequately provided for indigenous women and girls. Finally, NGOs and National Human Rights Institutions concluded by accentuating the necessity to include in the discourse members identifying as LGBTI in Mongolia. These individuals often remain overlooked by the State and as a result, their enjoyment of human rights and fundamental freedoms are not met.
Concluding Remarks of the Special Rapporteur
The Special Rapporteur took to the floor and presented her concluding remarks. She thanked the delegations and NGOs for their good faith, contributions, and efforts to address violence against women, its causes and consequences. She welcomed all delegations and organisations for their fruitful dialogue carried throughout the session. Ms Alsalem showed appreciation for the delegations’ engagement and thanked their eagerness for an extension of the mandate. The Special Rapporteur stated that she would broaden the scope of the mandate to include young girls as she understands that the roots of violence may emerge during early years of development.
Ms Alsalem proceeded to answer questions brought up during the Interactive Dialogue. While addressing Sudan, the Special Rapporteur emphasised the adoption of measures necessary to safeguard indigenous women and girls’ lives. She stressed the importance of empowering women and not criminalising them for defending their rights, territories, and communities. The Special Rapporteur explained that it is instrumental to study past errors, accept responsibilities leading to atrocities, and change approaches to avoid repetition of mistakes. Moreover, she stated that good data collection is only effective if it includes indigenous women in all stages of the data collection process. Barriers that deny indigenous women access to legal services must also be removed. Another important element is to provide information in the languages of indigenous peoples and include child-sensitive engagement services.
In response to Canada, the Special Rapporteur explained that there are different parts of the United Nations system that address the rights of indigenous peoples, and the rights of indigenous women and girls, which is more narrowly focused on issues of gender. Ms Alsalem recognised that these could be better integrated within one another to further promote gender visibility.
Similarly, in response to the situation in Ukraine presented by the representative of Lithuania, Ms Alsalem emphasised that rape and other forms of gender-based violence are growing at excessive rates. She condemned rape as a tool of war used as a tactic to destabilise opposing parties. The Special Rapporteur called on the international community’s responsibility to ensure the protection for persons fleeing the war in Ukraine and commended neighbouring countries for their efforts. She outlined good existing legal frameworks in place to address violence against women such as the Istanbul Convention and called on countries outside of the Council of Europe to ratify it promptly.
While addressing Russia, the Special Rapporteur expressed that she was aware that Russia had yet to sign the 1989 ILO Convention and the United Nations Declaration on the Rights of Indigenous Peoples which calls upon States to give legal recognition and protection to all lands, territories and resources and to ensure indigenous peoples can exercise their rights to self-determination. She reiterated that indigenous peoples including women and girls and environmental human rights defenders are statistically at a significantly higher risk of violence and other human rights violations.
She concluded by welcoming the good practices that have already been adopted at regional, national, and international levels. There are good initiatives and policies from Latin American regions that provide a good starting point. The Special Rapporteur stated that she welcomes future collaboration to collectively ensure that all countries proactively work towards halting violence against all women and girls once and for all. “The issue of violence against women is not just a human rights issue but also a development and prosperity issue and therefore what we need is an all-society approach.”
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) strongly condemns all violence against women and we commend the Council for bringing indigenous women and girls’ voices to light. GICJ urges state governments to protect victims of gender-based violence. We fully extend our support in the fight for the elimination of violence against women and call on state representatives to protect and defend indigenous women and girls’ rights. Impunity for crimes against women and girls remains widespread and GICJ implores state governments to hold perpetrators accountable for their actions. We acknowledge the patriarchal norms and legacies of colonialism that hinder indigenous women and girls’ rights to self-determination and further expose them to different forms of violence. GICJ calls on the international community, international organisations, and civil society to provide indigenous women and girls’ better access to legal justice systems and reparation programmes. Furthermore, we recognise indigenous women and girls who advocate for their rights as human rights defenders and urge the international community to promote and protect women and girls who actively engage in public and political life as well as advocacy and activism. We also remain deeply concerned with the environmental crisis and are alarmed at its direct effect on indigenous communities including women and girls. Finally, GICJ reminds the international community of its responsibility to ensure that all human rights violations further exacerbated by the environmental crisis are mitigated and that all forms of violence stemming from this ongoing crisis are prosecuted.
Special Rapporteur, Mongolia, Interactive Dialogue. Human Rights Council, HRC50th, Regular Session, Human Rights, Women, Women Rights, Gender Based Violence, Violence Against Women, Justice, Geneva, United Nations, Geneva4justice, GICJ, Geneva International Centre for Justice
