From: Amnesty International, International Secretariat

Subject: CHR2005: Violence against women resolution -- last minute lobbying required

** Since we drafted this update we have heard that more countries have joined as cosponsors, so in addition to those listed in the attached draft resolution, Portugal, Congo, the Philippines and Iceland have joined as cosponsors.**

Violence against women resolution update and action alert

Dear colleagues,

The resolution on violence against women (VAW) was tabled on 12 April (attached below) and consideration of this resolution by the Commission is scheduled to start at 3pm on Monday 18 April. The draft contains various improvements over last year's text (see bullet points below), but these are likely to be contested. Delegations in Geneva will now be seeking instructions from their capitals on this resolution, so it is vital that we act fast to lobby for support of the resolution and the important progress it seeks to make on several issues. The VAW resolution is normally adopted by consensus; however, we expect that opponents will call for a vote on several paragraphs and may even call a vote on the entire resolution.

URGENT ACTION REQUEST

[See below for the detail on the contested paragraphs]

ASK YOUR GOVERNMENT TO:

• support the consensus adoption of the resolution. In the past, this resolution has always been adopted by consensus “ breaking the consensus would represent a significant step backwards as this would undermine the support of progressive language which is has been developed, over several years, in the context of this resolution, notably the sexual and reproductive rights language, as well as language based on previous consensus documents, e.g. the Beijing Declaration and Platform for Action, the Declaration on the Elimination of Violence Against Women, etc.
• If your government has serious problems with specific paragraphs (e.g. USA, Egypt, the Sudan and China), please urge them strongly not to call a vote on the resolution as a whole. Other options are available for them to register their dissent without breaking the consensus: They can request a vote on individual paragraphs and/or they can explain their position after the vote -- please urge them to use these opportunities to express their views rather than jeopardize some of the progressive language or the consensus on the resolution as a whole.
• cosponsor the resolution. Members and observers alike can co-sponsor the resolution. If your government is not yet on the list of co-sponsors (see attachment), please urge them to co-sponsor the resolution before the voting on Monday afternoon (18 April). As co-sponsors countries are more likely to support all aspects of the resolution as tabled, and the more co-sponsors there are the less bold opponents might be.
• oppose any unfriendly amendments moved from the floor to the resolution as a whole, or any specific paragraphs. Ask your government to vote against any amendments moved from the floor EXCEPT if they are moved by Canada as lead sponsor of the resolution (sometimes the lead will propose a change if a deal has been worked out on specific language after the resolution has been tabled).
• support the contested paragraphs, notably: PP7, which addresses VAW on the basis of dress codes; OP11, which includes a specific reference to sexual and reproductive rights (if this goes through it will be the first time an international, negotiated UN document includes this language a huge step forward!); OP17(h) which addresses marital rape; and OP20 on the International Criminal Court. (See below for more detail on these and other paragraphs). If they already support these paragraphs, please ask them to lobby other countries to support as well. If they cannot support, ask that they abstain if a vote is called. votes are won by simple majority so minimizing the votes against is very important.

SUMMARY OF THE CONTESTED PARAGRAPHS

PP 7 is new, referring to violence against women and girls on the basis of dress code. This was a proposal by Pakistan, but is vague enough to cover both situations of violence against women and girls because they wear the hijab (i.e. post 9/11 discrimination against Muslim women in the US), and violence against women and girls because they refuse to wear it (mostly in Muslim countries with dress codes). This para will be an important component in the negotiation particularly with OIC countries in relation to both marital rape and sexual and reproductive rights which they oppose.

OP1 welcomes the report and initiatives of the Special Rapporteur. This was hotly contested by some delegations, notably the USA. Cosponsors held firm.

OP4 on due diligence has been weakened from the originally proposed text during negotiations; it is now back to last year's language. Hopefully this compromise will keep it safe from a vote.

OP 7 refers to comprehensive and accessible health care services and programmes. The US called a vote on this para last year, and may do the same again (they were quite isolated in this: only the USA and Costa Rica voted against this para last year, while Argentina abstained).

OP 8 contains the sexual rights quote from the Beijing Platform for Action (para.96). This was added last year without a vote and it was not contested during this year's negotiations so should not be in jeopardy this year -- however, please be alert to any opposition to this paragraph.

OP 11 is new this year, and makes the links between sexual and reproductive rights and HIV/AIDS. Retaining the specific reference to "sexual and reproductive rights" rather than the more vague "sexual health" language in a negotiated UN document would be a great leap forward. As far as we are aware, there is only one other such reference and that is in a regional document the Mexico City Consensus from the Beijing+10 preparatory process (see below). It is very likely that either a vote on this paragraph will be called and/or unfriendly amendment(s) will be moved from the floor to either remove sexual and reproductive rights or remove sexual and change rights to health. We need to have as many governments as possible refuse to accept such changes. At this stage the co-sponsors look solid on keeping the reference to sexual and reproductive rights in, even if the paragraph, and the resolution as a whole, go to a vote. However, there will be extreme pressure on them to take it out in order to preserve consensus, and some of them may begin to waiver as the vote approaches.
Please express to your delegation the extreme importance of retaining this language. Some GRULAC states have been very vocal opponents to this language during the negotiations (note however, that Mexico and Honduras are already listed as cosponsors). It is important to note that these States have already agreed to this very phrase ("sexual and reproductive rights") in the Mexico City Consensus (LC/G.2256(CRM.9/6), para.6(xi)): Review and implement legislation guaranteeing the responsible exercise of sexual and reproductive rights and non-discriminatory access to health services, including sexual and reproductive health.

OP13, which addresses the need for men and adolescent boys to adopt safe, informed and responsible sexual and reproductive behaviour, also proved contentious during negotiations as certain delegations felt that adolescent boys should not be having sex in the first place. Our response to that was that whilst there was early marriage “ a form of VAW addressed in the resolution “ then there was a need for adolescent boys to exercise responsible sexual behaviour.

OP17(h) contains a new reference to marital rape -- specifically it calls on governments "to ensure that marital rape is not excluded from general criminal provisions..." This wording is intended to cover situations where there are no specific criminal sanctions on marital rape. The EU particularly really wants this, and the OIC and Holy See are opposing it. Marital rape is also included in OP5 and OP9.

OP 20 refers to the ICC. There can be little doubt that the US will call a paragraph vote on this paragraph, and nothing much can be done about this. Based on the voting last year we can expect them to lose such a vote (in 2004 five countries voted against the ICC paragraph: India, Qatar, Saudi Arabia, Togo, United States of America and Bhutan, China, Sri Lanka, Swaziland abstained).

The good news is that:

OP8 containing the sexual rights quote from Beijing Platform for Action (para.96) was added last year without a vote and it was not contested during the negotiations so should not be in jeopardy this year.

New OP17(g) on VAW against indigenous women was agreed during the negotiations. (AI Canada worked with indigenous women activists on the language of this paragraph).

OP19 on Security Council resolution 1325 was also agreed during the negotiations.