by Rebecca Gerome, IANSA Women's Network and Maria Butler, PeaceWomen of WILPF
Yesterday, in
discussions on the preamble text, a few delegations (the Holy See and CARICOM) suggested that the inclusion of previously supported
language on “gender-based violence” should be deleted and replaced by different
language on “violence against women and children” or “vulnerability of women
and children”. Other delegations (Australia and Liechtenstein) disagreed with
the deletion of the wording on gender-based violence and proposed as a compromise
to keep both. What is the difference between these various
formulations? What implications do they have?
There is a difference in the terms and
the terminology matters. Narrowing the language in the preamble to “violence
against women and children” and “vulnerability of women and children” represents
a step backward. It is not inclusive of the forms of violence that must be
covered. Furthermore, it is not the language supported by over 28 member states
in their plenary statements.
Firstly, since “violence against
women” includes any act of gender-based violence (GBV), for purposes of the Treaty
preamble, goals and objectives, and criteria, the broader language of GBV
should be used. The arms trade affects everyone—men, women, boys and girls—in
different ways. There is a gender dimension to the trade whereby women and
girls are disproportionately affected by armed gender-based violence. The term “gender-based violence” acknowledges
the gender dimensions of armed violence, from the perspective of both
perpetrators and victims.
Secondly, references to “women and children,” put
together as though a homogenous group, are unhelpful as they imply that women,
like children, are powerless victims, rather than adults with agency and
therefore a key resource in combating gun violence. Children are minors and
cannot vote, and as such, require specific and different attention and
protection than women. It is vital to make the distinction between women and
children to ensure both that each group gains the specific attention it
requires and is enabled to make the contributions of which it is capable.
Thirdly,
instead of only emphasizing the vulnerability of women in the preamble of the
ATT, it would be more effective to also emphasize women’s key role in conflict
prevention and resolution, arms control and peacebuilding.
Agreed
language could be drawn from UN General Assembly Resolution 66/130, 65/283 and 65/69
and UN Security Council Resolutions on Women, Peace and Security (SCR 1325 (2000), 1820 (2008), 1888 (2009, 1889
(2009) and 1960 (2010)) such as: “Reaffirming
the important role of women in the prevention and resolution of conflicts
and in peacebuilding” and "Recognizing
the importance of the full and effective participation of women at all levels, at all stages and in all aspects
of the peaceful settlement of disputes, conflict
prevention and resolution" (A/RES/65/283 preamble text). Furthermore, UNGA resolution 65/69
on “Women, disarmament, non-proliferation, and arms control” recognizes “the valuable contribution of women to practical disarmament measures carried out at the
local, national, regional and subregional levels in the prevention and
reduction of armed violence and armed conflict, and in promoting disarmament,
non-proliferation and arms control.” Any or all of these texts could be referenced or drawn upon in the ATT
preamble.
Finally, if the
preamble of the ATT is to be consistent and comprehensive, it should include
language recognizing the gender dimensions of the arms trade. For example, "recognizing
the gendered dimensions and impacts of the arms trade, particularly
gender-based violence, including rape and other forms of sexual violence, and further
emphasizing and reaffirming the important role of women in the
prevention and resolution of conflicts and in peacebuilding". Member states must not take steps backward given the gravity and urgency of preventing
all forms of gender-based violence in the context of the international arms
trade.
What is gender-based violence?
Gender-based
violence is violence related to
social expectations and positions based on gender and can be committed by and
aimed at both men and women. Globally, most gender-based violence is committed
by men and is directed against women and girls, and is linked to
discrimination. Gender-based violence is defined by the UN Committee
on the Elimination of Discrimination against Women (CEDAW) in General
Recommendation 19 as being “directed against a woman because she is a woman or that
affects women disproportionately.”
“Gender” is the socially
constructed roles as ascribed to women and men, as opposed to biological and
physical characteristics. Gender roles vary according to socioeconomic,
political, and cultural contexts, and are affected by other factors, including
age, race, class, and ethnicity. Gender roles are learned and are changeable.
The United
Nations and General Assembly use the term GBV. For example, the 2008 General
Assembly resolution (A/RES/62/134) operative para 1(a) urges States “to take
special measures to protect women and girls from gender-based violence, in
particular rape and other forms of sexual violence.”
What is violence against women?
The preamble
language of the UN Declaration on the Elimination of Violence Against Women,
General Assembly resolution 48/104 (1993), states that “violence against women
is a manifestation of historically unequal power relations between men and
women, which have led to domination over and discrimination against women by
men and to the prevention of the full advancement of women, and that violence
against women is one of the crucial social mechanisms by which women are forced
into subordinate position compared to men.” Article
1 states that: “The term ‘violence against
women’ means any act of gender-based violence that results in, or is likely to
result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in private life.”
What is violence against children?
The Convention
on the Rights of the Child defines a child in article 1 as “[e]very human being
below the age of eighteen years unless, under the law applicable to the child,
majority is attained earlier”. The World Report on Violence and Health (2002)
defines “violence against children” as the intentional use of physical force or
power, threatened or actual, against a child, by an individual or group, that
either results in or has a high likelihood of resulting in actual or potential
harm to the child’s health, survival, development, or dignity.
