THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)
36TH SESSION, AUGUST 7-25 2006

LINKING THE IMPLEMENTATION OF CEDAW TO RESOLUTION 1325 IN GEORGIA
(Report by Sophie Westerberg - Peacewomen Project Intern)

Introduction
The Convention on the Elimination of all forms of discrimination against Women (CEDAW) is an international treaty that requires states to eliminate discrimination against women in the enjoyment of all civil, political, economic and cultural rights. It also establishes programmatic measures for states to pursue in achieving equality between women and men.

By affirming the equality of women and men, and demanding state action to ensure the advancement and well-being of women, the Convention shares the goals of Security Council Resolution 1325, and provides a basis for integrating women, peace and security concerns into national institutions and policies. As a Security Council Resolution, 1325 is an international instrument that can be a useful and complementary reference in the achievement of the goals of CEDAW.

On August 15 2006 the Committee of Experts mandated to review states’ implementation of CEDAW obligations met in its 36th session to consider the combined second and third periodic reports of Georgia. Georgia is a nation affected by armed conflict and many of the issues raised in the discussions between the Georgian delegation and the CEDAW committee touched on the impact of conflict on women and reflected the obligations laid out in SCR 1325. This report briefly outlines some women peace and security issues raised during the session and the relevance of resolution 1325 in the Georgian context.

The impact of conflict on the status of women
Georgia has undergone three civil wars since its independence. The country is still plagued by ongoing conflicts in the Abkhazia and South Ossetia regions and by political tensions with Russia. As a result hundreds of thousands of citizens have been forced to leave their homes and live in temporary shelters, under difficult conditions and without much prospect of quick return home. The violence and the situation of refugees and internally displaced persons (IDP) constitute major sources of instability to Georgia.

Gender inequality and stereotypes are often exacerbated in countries affected by armed conflict, further subordinating women and making them targets of violence and exploitation. Trafficking, bride stealing and gender based violence are some of the manifestations of women’s victimization in Georgia today. In camps housing displaced persons, living conditions are particularly deprived and insecure, and women are even more vulnerable to violence and exploitation. Many women in Georgia have lost husbands and male relatives to violence and have been left as sole breadwinners. This heavy economic burden is made worse by a labour market that discriminates against women, is characterised by big wage gaps between men and women and lacks legislation concerning sexual harassment at work.

Participation in governance
The report of the Georgian Government to the CEDAW committee noted that public awareness of women’s rights was being progressively achieved, though largely through the work of women’s NGO’s. These organizations have been at the forefront of educational, research and legislative reform campaigns against domestic violence and other issues, though there has been little progress in getting such issues addressed by the country’s legislature and courts. Further, while is clear that women’s organizations are playing an active role in Georgia’s civil society and political life and in raising awareness on women’s rights, the committee emphasized that the state retains the primary responsibility for enhancing the status of its female citizens and providing the social, political and economic infrastructure required to achieve gender equality.

Women’s organizations are clearly acting as catalysts for change in Georgia and women have also played an active role in initiatives towards peace-building and conflict resolution, particularly at the local level. But an NGO shadow report prepared by a consortium of local women’s groups, noted that their efforts are limited by a lack of funding and that women continue to experience marginalization from decision making processes, including on matters of peace and security.

Both CEDAW and SCR 1325 call for women’s full and equal participation in decision-making. SCR 1325 calls on states to ensure the increased representation of women at all decision-making levels in national, regional and international institutions. But in Georgia there are very few women in governance. According to the government’s report only 9% of the legislature is female, while in local government bodies the percentage is around 14 %. In addition women do not appear to have been represented in processes aimed at resolving the ongoing conflict.

In Resolution 1325, states recognize that women not only have a right to participate equally in peace processes but that women’s presence is necessary in the search for sustainable solutions to conflict. In its review of the status of women in Georgia, the CEDAW Committee recommended that the Georgian government use temporary special measures to increase women’s participation in governance. The committee also criticized the government’s lack of updated gender specific statistics and information showing women’s economic and political status. The government’s delegation while attributing the lack of such information to a scarcity of resources, undertook to begin to capture statistical data from a gender perspective.

Violence against women and displacement
According to an NGO report prepared by the Young Georgian Lawyers Association and the World Organization Against Torture (OMCT) 55% of the Internally Displaced Population in Georgia is female. The NGOs note that women in refugee camps are particularly vulnerable to physical and sexual violence not only during military activities but also when they are terminated. It has been reported that 16% of displaced women have been subjected to torture while a larger number have undergone some form of sexual harassment.

Rejecting the state’s position that the men and women were exposed to equal hardship in circumstances of displacement and would have to receive similar care, the committee experts emphasized the particular vulnerability of female refugees. They further decried the government’s lack of gender specific statistics in this context, noting that this makes it difficult to assess the actual situation of women and to take women’s specific needs into account.

SCR 1325 obliges states to take into account “the special needs of women and girls during repatriation and resettlement and for rehabilitation, reintegration and post-conflict reconstruction.” It also calls upon “all parties to armed conflict to respect the civilian and humanitarian character of refugee camps and settlements, and to take into account the particular needs of women and girls, including in their design …”

To implement these obligations, it is necessary for the Georgian government to assess its programs and services to ensure that they are sensitive to the needs of displaced women and girls. The Young Georgian Lawyers Association and the World Organization Against Torture urge the government to make necessary amendments to legislation in order to improve the condition of IDP women in accordance with SCR 1325 and other international instruments. This call was echoed by CEDAW committee in its concluding comments to the government in which it recommended that the state develop targeted programs to address the needs of this vulnerable group.

The CEDAW committee’s review of Georgia’s implementation of the Convention reveals the hurdles that still exist in the achievement of women’s equality and addressing their specific needs in countries affected by conflict. The issues of participation and displacement highlighted here are only a fragment of the political, economic and social inequalities faced by women in Georgia. What this briefly illustrates however, is the importance of linking the provisions of SCR 1325 to states' obligations under CEDAW, particularly where the country is one affected by conflict, in order to clarify the actions necessary to end violence and discrimination against women.

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USEFUL RESOURCES

CEDAW State party report of the Government of Georgia

Concluding comments of the Committee on the Elimination of Discrimination against Women on Georgia

NGO shadow report by the World Organization against Torture and the Young Georgian Lawyers Association

NGO shadow report by the Anti – violence network of Georgia and other NGOs

UN Press Release