Jumat, 13 September 2013

Expert Group Meeting: Access to Justice for Muslim Women Living in Conflict Affected Area in Southeast Asia


On 2nd-3rd May 2013, The Asian Muslim Action Network (AMAN) held two days Expert Group Meeting in Bali by inviting 20 Muslim women living in conflict affected areas in Southeast Asia. The workshop was aimed to facilitate sharing and learning experience among Muslim women from conflict zone to discuss about access to justice. In answering problem access to justice, the workshop linkaged framework human rights, which instruments of human rights such as Covenant on Elimination all form of discrimination against women (CEDAW) and UN Security Council Resolution (UNSCR) of framework of Muslim family law.Some recommendations from the workshop need to be addressed within and without AMAN network, they are:
# Community level:
1. To remove cultural barriers regarding women’s leadership, victims of sexual violence to speak out and access to economy, social, politics by having intensive dialogue with community and religious leaders
2. To address negative community attitudes (and their consequences) towards victims and survivors of sexual violence by encouraging discussion with religious authorities on the differences between rape and zina (fornication)
3. To advocate not to marry off rape survivors with the rapist, and for women’s access to safe abortion services
4. To build on existing indigenous knowledge and practices that already promote women’s access to ECOSOC rights

# Religious leaders and institutions:
5. Women’s groups from mass religious organizations such as NU, Muhamadiyah, AMAN, MUI, Alimat, should carry out campaigns to help raise funds for women candidates as financing is often a barrier to women’s participation
6. Mass religious organizations and interfaith groups should also use social media, seminars, workshops, FGDs, media campaigns to promote women’s participation at the peace table and in politics
7. Address clarification the teaching of Islam and human rights through promote dialogue between ulamas with different perspectives and work closely with religious leaders and institutions to build capacity and promote female ulamas;
8. Provide scholarships for female ulama to improve their capacity on text reading and teaching social science perspectives to strengthen their analysis
9. Empower women’s rights advocates to use religious texts in their advocacy
10. Women’s religious organisations should prepare texts for women-friendly Friday sermons (khutba)
11. Universities should offer courses in gender which include new methodologies of interpreting religious texts
12. Challenge negative attitudes towards women amongst some religious leaders, and prevent discriminatory fatwa by using new methodologies to reinterpret religion from women’s lived realities; raising awareness of religious leaders of the changing context; mobilizing religious leaders against impunity; making partnerships with universities to undertake seminars for ulama
# National level, the EGM recommended to governments (executive and legislature) and leaders (political parties, academic leaders,) etc.:
13. Provide harmonization of law and coordination between different government agencies and levels of government. This will ensure that discriminatory local laws do not contradict national laws that generally speaking are less discriminatory
14. Address governments’ unwillingness to stand up for access to justice for victims of sexual violence in conflict by encouraging parliament to amend or remove discriminatory laws
15. Make the security services provide protection to women and enforce the law, including by prosecuting offenders no matter who they are
16. Provide healing programs for survivors
17. Allow women’s organizations or groups to observe and provide support during in the deliberations of bringing justice to women victims.

# Regional Level:

18. ASEAN’s mechanisms including AICHR, ACWC, the ASEAN Secretariat should be utilized, and provided with information and encouragement to promote ECOSOC rights for women in Muslim conflict areas
19. In responding sexual violence in conflict, ASEAN, particularly through AICHR and ACWC, should pressure governments to address issues of human rights, and ensure they confirm to international standards
20. Despite ASEAN’s approach of non-intervention, UN Women’s regional office, regional NGOs such as AMAN, and AICHR should carry out advocacy to ASEAN member states and through the media to promote women’s participation both within their own countries and in other member state’s countries
21. These same organizations should carry out interfaith conferences on peace, development and women’s rights at the regional level
22. Women’s organisations should network and cross-reference across Southeast Asia on these issues.

# International level:

23. Southeast Asian government should address non-compliance with human rights standards; the UN (particularly the Human Rights Council and CEDAW Committee) must make strong recommendations and monitor their implementation by state parties, including submitting reports to the UN human rights mechanisms, submitting cross-reviews
24. Civil society should also submit reports to the Independent Permanent Human Rights Commission (IPHRC) of the Organization of Islamic Conference (OIC)
25. To push for countries’ policies to conform to international human rights norms
26. International forums and campaigns should be used by the UN, Islamic states, international NGOs, and donor countries (particularly Muslim majority donor countries such as Qatar)
27. Perform more research and publications to international audiences regarding the experiences of Muslim women in conflict areas, particularly when it comes to access to justice
28. Support should be provided to women’s groups for advocacy to national governments to ensure full compliance with international standards
29. Capacity building in international advocacy should be provided to Muslim women in conflict areas
30. Public and civil society monitoring of the implementation of the UN recommendations should be encouraged, including submitting reports to the UN human rights mechanisms, submitting cross-reviews
31. NGOs and INGOs should try to be involved through collaboration and consultation with the governments concerned
32. Governments internationally should try to address the grievances, losses and access to justice in the conflict, including women’s rights issues, through mediation, dialogue, and pressure at bilateral and multilateral meetings
33. Immediate intervention against ethnic cleansing and crimes against humanity including those involving sexual violence
For the detail report can be downloaded here.

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