OMCT's intervention at the Commission on Human Rights under Item 12: Violence against women

Commission on Human Rights 58th Session – 18 March – 26 April 2002 Item 12: Violence against Women Oral Statement by the Violence against Women Programme Mr Chairperson, The torture of women is a fundamental violation of human rights and one which is absolutely and unreservedly prohibited under international law. In spite of the international legal prohibitions on torture and other cruel, inhuman and degrading treatment or punishment, the torture of women continues to occur in many countries around the world. Women in many countries have been denied equal protection against torture under both international and national law and there is widespread impunity for the perpetrators of torture and other cruel, inhuman or degrading treatment or punishment committed against women. Gender often has a determinative impact on the form that torture takes, the circumstances in which it occurs, its consequences, and the availability of and access to remedies for its victims. In light of the fact that women may experience torture and other cruel, inhuman and degrading treatment or punishment in gender-specific ways or for reasons that are related to gender, OMCT believes that it is essential that these specificities are acknowledged and integrated into the relevant human rights mechanisms at all levels. For this reason, OMCT is particularly concerned that neither last years’ Commission resolution on the elimination of violence against women (2001/49) nor the resolution on torture and other cruel, inhuman or degrading treatment or punishment (2001/62) adequately integrate the gender dimensions of torture into their operative sections. In line with the goal of mainstreaming a gender perspective into all policies and programmes in the United Nations system, OMCT would encourage the Commission to ensure that gender is integrated into the resolution that it adopts on torture and other cruel, inhuman or degrading treatment or punishment during the current session and that it also consider making specific mention of torture in the resolution on the elimination of violence against women. Mr Chairperson, Women in many countries of the world are subjected to forms of corporal and capital punishment in violation of international standards that prohibit torture. The Special Rapporteur on Torture emphasised in his 1997 report to Commission on Human Rights that torture and cruel inhuman degrading treatment or punishment extends to corporal punishment such as stoning to death, flogging and amputation. In the same report, the Rapporteur noted that States must be considered responsible for the consequences of sentences of corporal punishment handed down by informal or quasi-official agencies, such ad hoc village tribunals or religious courts, if these sentences are carried out with its authorisation, consent or acquiescence. OMCT would like to draw the attention of the Commission to the situation of women in Sudan and in Nigeria. In both of these countries there have been recent cases of women being sentenced to corporal and capital punishment including whipping and stoning to death. In addition to the fact that these forms of punishment violate the prohibition on torture in international law, there are strong indications that the women concerned have been the victims of entrenched gender discrimination in the administration of justice. OMCT is particularly concerned by allegations that women in Nigeria who have been victims of rape and other forms of gender-based violence may find themselves accused of adultery and ultimately sentenced to corporal or capital punishment. This situation, which effectively leads to rape victims being punished for a crime committed against them, also promotes and encourages a climate of impunity for the perpetrators of acts of violence against women. Mr Chairperson, The torture of women in custody and in places of detention in Sri Lanka is an issue of great concern for OMCT. In previous years, OMCT received reliable information concerning a large number of individual women who had been subjected to rape and other forms of torture whilst in the custody of police, army and navy officials. Although the human rights situation has recently improved in Sri Lanka, OMCT remains worried by the fact that complaints of rape and other forms of torture have not been effectively investigated and prosecuted and to date there have been no instances of members of the Sri Lankan security forces being found guilty of rape and other forms of torture against women in custody. OMCT would like to recall that the government of Sri Lanka is obliged under international law to exercise due diligence in the prevention, investigation, prosecution and punishment of acts of violence against women and in the provision of reparations for victims of this violence. To this end, OMCT would call upon the Commission to urge the newly-elected government of Sri Lanka to take steps to honour its international obligations in relation to the prevention and punishment of acts of torture and other forms of violence against women. Mr Chairperson, Torture and other forms of violence against women and girls in detention in Chad is reportedly widespread. In many places of detention, women and children are held in the same cells as men and there have been numerous reports of rape and other forms of sexual violence against women by other inmates as well as by prison guards and law enforcement authorities. Many detained women fall pregnant as a result of rape and these women frequently end up giving birth or miscarrying in places of detention without any medical assistance. Women in Chad who have been subjected to torture, including rape and other forms of sexual violence whilst in detention do not generally have access to reparations for the injuries that they have suffered and there is a climate of impunity for perpetrators of this violence. OMCT would call upon the Commission to request that the government of Chad take urgent measures to promote and protect the human rights and dignity of detained women. These measures should include the development and implementation of independent monitoring and surveillance mechanisms to visit and report on conditions of detention as well as the adoption of procedures to ensure that perpetrators of violence against women are appropriately sanctioned and that women who are victims of torture and other forms of violence whilst in detention receive adequate reparations. Mr Chairperson, In order to work towards equal protection of men and women from torture, it is imperative that this Commission insists that all of the relevant international human rights mechanisms and, in particular, the Committee against Torture and the Special Rapporteur on Torture "gender" the victim, the form, the circumstances and the consequences of torture as well as the availability of remedies and reparations. In this connection, OMCT welcomes the increased attention that the Committee against Torture has begun to pay to gender-based violence during its examination of reports by State Parties to the Convention and it would encourage the Committee to continue to expand its systematic consideration of the gender dimensions of torture and other cruel, inhuman and degrading treatment or punishment. Finally, OMCT would like to congratulate the Special Rapporteur on violence against women for her continued efforts to integrate torture and other cruel, inhuman and degrading treatment or punishment into her reports and it would encourage the Special Rapporteur on torture to work closely with her in order to ensure that the gender-dimensions of torture are fully considered within the framework of each of these important mandates. Thank you Mr Chairperson. For further information concerning OMCT’s Violence Against Programme please contact the women’s desk at: cbb@omct.org or jb@omct.org. OMCT’s latest report on violence against women, Violence Against Women: 10 Reports/ Year 2001, OMCT, 2002, ISBN: 2-88477-012-7, 421 pp. is available from OMCT at a cost of 25 CHF.