Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women: approval

IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF WOMEN JOINT MONITORING COMMITTEE
8 March 2005
OPTIONAL PROTOCOL TO THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: APPROVAL

Acting Chairperson: Ms P Tshwete (ANC)

Documents handed out:
Chapter 7 excerpts from Inter-Parliamentary Union’s (IPU) Handbook for Parliamentarians "The Convention on the Elimination of all Forms of Discrimination against Women and its Optional Protocol" (Awaited)
[Also see United Nations website at: http://www.un.org/womenwatch/daw/cedaw]

SUMMARY
A Parliamentary Legal Advisor briefed the Committee on the Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. This Protocol was due to be discussed in Parliament the following day. The Committee was taken through each of its articles and the implications. Members unanimously moved to recommend approval of the Protocol by the National Assembly and the National Council of Provinces.

MINUTES

Legal Advisor’s briefing
Ms D Lenzie, Parliamentary Legal Advisor, explained the context of the Optional Protocol and the importance of its ratification for South Africa. The Protocol expanded the duties laid down in the United Nations Human Rights Treaty.

Ms Lenzie went through each of the articles of the Optional Protocol. She outlined the communication procedure and the inquiry procedure. The communication procedure permitted individuals or groups to submit claims of rights violations to the supervising Committee on the Elimination of Discrimination against Women. Under the inquiry procedure, the Committee could initiate inquiries into situations of grave or systematic violations of rights.

By signing the Optional Protocol, the signatory states recognised the authority of the Committee in these procedures. She described on what grounds applications would not be considered, and mentioned that domestic remedies needed first to be exhausted. The Committee had the power to recommend interim relief measures. States were obliged to give due consideration to the recommendations of the Committee and might be required to submit reports.

In the case of an inquiry procedure, Ms Lenzie explained that the Committee could invite the state party to co-operate in an examination that might include a visit to their territory. The Protocol however, included an ‘opt-out’ provision for state parties that did not accept the authority of the Committee to conduct such an inquiry. It was not possible to make any reservations about the application of the Protocol.

Discussion
Ms S Vos (IFP) stated that her Party IFP was in favour of ratifying the Optional Protocol. She expressed concern that many developed countries such as Australia and Canada, as well as several African countries, had not yet ratified the Protocol. She warned that the ratification of the document did nothing to alleviate the situation of millions of destitute women in Africa. The continent needed to seek solutions to these problems through the African Union (AU) and the New Partnership for Africa’s Development (NEPAD).

Ms Lenzie conceded that the Protocol did not include any legal sanction,s but it gave women a forum if local mechanisms did not suffice. Not all member states had the same understanding of ‘human rights’.

Mr Maserumule (ANC) asked how South Africa would benefit from the ratification of the Protocol. Ms Lenzie replied that she did not have a specific answer, but it was a positive step for countries to safeguard the rights of women. In addition, it should strengthen domestic mechanisms promoting women’s rights.

Ms B Ngcobo (ANC) pointed out that the Optional Protocol gave women an instrument to ‘think globally and act locally’.

The Committee unanimously decided to recommend the approval of the Optional Protocol to the National Assembly and the National Council of Provinces.

The meeting was adjourned.