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The OHCHR supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in sending communications on individual cases and legislation/policies which are not in compliance with international human rights law. The Working Group addressed communications to Governments, individually or jointly with other mandate holders which concern a wide range of subjects falling within its mandate, including discriminatory legislation and practices, allegations of abuse of women human rights defenders and violations of their rights, gender-based violence and violations of the right to sexual and reproductive health (available at https://spcommreports.in.ohchr.org/Tmsearch/TMDocuments ). The Working Group also issued press releases, individually or jointly with other mandate holders, treaty bodies and regional mechanisms raising these issues (available at https://www.ohchr.org/EN/NewsEvents/Pages/NewsSearch.aspx?MID=WG_Women)
On 20 July 2018, CEDAW signed a framework of cooperation with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Under this framework of cooperation, CEDAW and the Special Representative of the Secretary General on Sexual Violence in Conflict seek to advance the rights of women and girls by combating conflict-related sexual violence and supporting the implementation of the United Nations Security Council resolutions on women, peace and security and CEDAW’s General Recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. Based on the framework of implementation, CEDAW and the SRSG-SVC have exchanged information on countries of concern that the two entities have been seized of under their respective mandates. In 2018 OHCHR supported the mandate of the UN Special Rapporteur on trafficking in persons, especially women and children, on her thematic report to the General Assembly on the gender dimension of trafficking in persons and on integrating a human rights- based approach to trafficking in persons in the women, peace and security agenda of the Security Council, where she strengthened the link between trafficking in persons and conflict-related sexual violence(A/73/171)
The OHCHR supported the work of the SRVAW who presented two thematic reports to the Human Rights Council and the General Assembly in 2018 on online violence against women and violence against women in politic.
During the period under review, the OHCHR supported the SRVAW in producing a number of legal and policy recommendations in communications sent to over 50 Member States and recommendations issued after country visits to: Canada (11 to 23 April 2018); Nepal (19 to 29 November 2018).
The OHCHR supported the work of the SRVAW, and SUMEX along with other relevant mandates in issuing a statement calling for revocation of a bill to amend Guatemala’s National Reconciliation Law which has been the basis of trials involving human rights violations in the country since the peace accords of 1996, and would establish an automatic mechanism for extinguishing the criminal responsibility of all those responsible for serious violations of human rights committed during that period (22 February 2019).
The OHCHR supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in formulating a series of recommendations aimed at supporting legislative development following its mission to Honduras (1-14 November 2018). It recommended to:
- Repeal laws prohibiting access to emergency contraception and liberalize abortion law so as to ensure access at least in cases where the pregnancy poses a threat to the life or health of the woman, where it is the result of sexual violence or in case of severe foetal impairment, as the first step;
- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;
-Ensure that the media do not promote stereotypes and gender-based violence, and raise their awareness on violence against women and human rights defenders;
- Provide the necessary support to women candidates, address political violence against women and promote women’s participation in political life;
- Conduct sustainable awareness-raising campaigns to prevent violence against women in politics and effectively investigate cases;
- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;
- Ensure that human rights education is taught in all public schools, covering women’s rights and gender equality, with a focus on prevention of gender-based violence;
- Regarding indigenous and Afro-Honduran women (including Garífuna) guarantee their access and full participation in decision-making; prevent and combat violence against them;
- Eliminate violence, discrimination and stigmatization against lesbian, bisexual, transgender, queer and intersex women, women with disabilities, women engaged in sex work/prostitution and women living with HIV and ensure their effective participation in political, civil, economic and social life and access to quality health services.
In Mali, OHCHR training military and government officials in relation to the prevention of CRSV by Malian actors. In 2017, 446 security officials, 132 members of the civil society organizations and 89 officials of the governmental institutions were trained to address and prevent CRSV.
In Ukraine, OHCHR documented and reported instances of CRSV, affecting women and men, both in the territory controlled by armed groups, and in Government-controlled territory. Following the release of the report in February 2017, OHCHR in Ukraine participated in 15 events to present the key findings of the report and recommendations. Overall approximately 495 people participated in these events at national and local levels from various groups – civil society, State institutions, international community. The report was instrumental to get the Government commitment to work towards addressing CRSV. OHCHR and UN Women helped the Government to develop the Strategy to prevent and address CRSV. In 2018, OHCHR and UN Women will continue joint work to integrate the developed Strategy to prevent and address CRSV into 1325 National Action Plan.
OHCHR-Guatemala provided technical assistance and closely followed up on key transitional justice cases in the country related to sexual violence committed during the armed conflict. This includes the Sepur Zarco case, in which two ex-military officials were found guilty (affirmed on appeal in July 2017), of crimes against humanity in the form of sexual violence and slavery against Q’eqchi’ women during the armed conflict and the ongoing Molina Theissen case, which involves the alleged 1981 rape of Emma Molina Theissen and the disappearance of her 14-year-old brother.
In Cambodia, OHCHR provided technical assistance for the drafting of a Law on Surrogacy in line with international human rights standards.
In Ukraine, OHCHR report on conflict related violence influenced the content of the amended the Criminal Code considered in December 2017 by the Parliament. In particular, a gender sensitive definition and the criminalization of sexual violence.
In Serbia, OHCHR provided substantive and legal advice for the drafting of and amendments to the Law on Domestic Violence and the Criminal Code.
In Honduras, OHCHR jointly with UNWomen, through technical assistance contributed to the strengthening of the definition of the crime of rape – in relation to the concept of “consent” – it also provided support for drafting a proposal on decriminalizing abortion in line with HR standards.
In Guatemala, OHCHR provided technical assistance to Congress in relation to draft bills both to support rights of women in the context of violence (such as the recently adopted reforms to the Criminal Code to prevent child marriage under 18 years) and to ensure that there are not regressions in this regard (draft bill 5272 to criminalize abortion).
In Haiti, OHCHR helped national stakeholders in identifying and addressing discriminatory laws against women for revision of the draft SGBV law in relation to the draft criminal code and criminal procedure code, in accordance with international standards.
In 2017, the WG Discrimination against women and the Special Rapporteur on VAW sent out at least 71 communications on individual cases and legislation/policies not complying with international human rights law.
In Honduras, OHCHR has been monitoring cases of domestic violence, and the protection mechanisms for victims, including through protection shelters for women and girl’s victims or survivors of gender-based violence in several cities.
In CAR, OHCHR developed protection measures for victims of sexual violence and through engagement with key GBV actors.
In Haiti, OHCHR provided life skills trainings, psychosocial and rehabilitation activities for about 150 women in detention.
In Guatemala, 2017 OHCHR carried out monitoring on the human rights situation of women working in Guatemala’s two larges employment sectors - the textile industry (sweatshops) and agriculture – including with respect to situations of violence and a violation of labour rights. The Office also worked closely with the Ministry of Labour to address these issues, such as through joint labour inspections and the development of action protocols.
In Mali, OHCHR managed to fully establish the Monitoring, Analysis and Reporting Arrangements (MARA) technical working group and strategic group that provides systematic, timely, reliable, and objective information on conflict-related sexual violence (which in Mali affects essentially women).
In Kosovo, OHCHR conducted research on potential conflict related SGBV (Sexual and Gender Based Violence) survivors among non-majority communities in Kosovo. The research included desk review of all relevant documents, meetings and interviews with all stakeholders that might possess information including governmental entities, victim associations, international organizations and religious communities. It enabled access to information about 51 potential non-majority survivors. The follow-up consist in contacting survivors and facilitating verification of status and subsequent access to reparation programs.
In Kosovo, OHCHR and technical partners provided key support services for survivors of gender based violence, including psychosocial counselling and psychotherapeutic services, legal aid and access to economic empowerment programs, benefitting more than 200 women in 2016. After a successful advocacy initiative involving OHCHR, North Mitrovica municipality allocated premises for a shelter for survivors of gender based violence. OHCHR further provided necessary equipment and furniture for the shelter and will organize capacity building of relevant staff who will work with survivors in the shelter. Moreover, OHCHR ensured sustainability of support services in 2017 and 2018 through technical support to a partner CSO in drafting a project proposal which was recently approved for funding by the EU.
In Haiti, OHCHR implemented two CVR (Community Violence Reduction) projects to support women and girls victims of violence. The aim of these two projects is to construct two reception centers, in remote areas where women and girls can seek temporary shelter in order to receive psycho social, medical and legal aid.
In DRC, the UNJHRO (United Nations Joint Human Rights Office) facilitated access to justice to victims, through free legal aid in judicial procedure and judgment execution process, referral to medical, psychosocial and economic services. 22 legal clinics were funded by UNJHRO in order to provide free legal information to population and legal aid to victims for regular and mobile trials supported by UNJHRO, and enhance referral mechanisms for services to victims and bridge with prosecution special cells.