Beijing + 5:
The Early Bird Catches the Worm

María Suárez Toro

The successful end of the Special Session of the UN General Assembly placed women in a better position on an international level, an aim that women have been struggling for, for at least half a century, since the very beginnings of the UN itself, when non-discrimination for reasons of sex was included in the 1948 Universal Declaration. Hence the title, "the early bird catches the worm," not as much in reference to the early dawn session on June 10, but to the efforts of women since the start of the UN itself to prevent fundamentalist positions from ruling in the UN world political forum.

The issue of the human rights framework, questioned by some governments during the long week of 5-10 June at the UN, was confirmed as a framework, not only for the Platform for Action, but also for the evaluation of the five years themselves. In paragraph 42 of Actions and Initiatives, it is stated that: "On taking continued and additional steps to achieve the goals of the Platform, Governments recognize that the full enjoyment of all human rights - civil, cultural, economic, political and social, including the right to development - are universal, indivisible, interdependent and interrelated, and are essential for realizing gender equality, development and peace in the twenty-first century." Additionally, paragraph 46 states that "The efforts towards ensuring women's participation in development have expanded and need to combine a focus on women's conditions and basic needs with an holistic approach based on equal rights and partnerships, promotion and protection of all human rights and fundamental freedoms."

The consensus at the Special Session calls on the Member States to consider signing and ratifying the Statutes of the recently created International Criminal Court. The evaluation document recognizes under item 12 that: "Also of historical significance is the adoption of the Rome Statute of the International Criminal Court which provides that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of sexual violence are war crimes when committed in the context of armed conflict and also under defined circumstances, crimes against humanity."

Another issue under debate that was solved was the autonomy of Non-Governmental Organizations. Paragraph 43 bis states that "Governments and intergovernmental organizations recognize the contribution and complementary role of NGOs, with full respect for their autonomy in ensuring the effective implementation of the Platform for Action and should continue to strengthen partnerships with NGOs, particularly women's organizations in contributing to the effective implementation and follow-up of the Platform for Action."

A new conquest that had been left pending at Beijing five years ago, was the redefinition of what constitutes a family, to include the concept of different kinds of "families". The document states under point 51 ter that "In different cultural, political and social systems, various forms of the family exist and the rights, capabilities and responsibilities of family members must be respected."

Also, for the first time, the issue of motherhood and fatherhood is addressed. This same point sets out that these roles "must not be a basis for discrimination." Under another paragraph (102i) a call is made to "ensure that maternity, motherhood, and the role of women in procreation are not used as a basis for discrimination nor restrict the full participation of women in society."

Even though the issue of diversity finally did not include explicitly that of sexual options, during their closing speeches that early dawn morning, the Governments of Canada, New Zealand, the United States and the European Union, publicly stated before the Plenary of the General Assembly, that although a few did not want to include this in so many words, they themselves adopted the interpretation that, in the paragraph on diversity, the various sexual options are recognized.

On the rights of adolescents and their sexual and reproductive health, item 115 f bis, calls for the provision of education, information and appropriate, specific user-friendly and accessible services without discrimination, to address effectively their reproductive and sexual health needs. It recognizes their right to privacy, confidentiality, respect and informed consent and the responsibilities, rights and duties of parents and legal guardians, to provide in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention on the Rights of the Child and in conformity with CEDAW and ensuring that in all actions concerning children the best interests of the child are the primary consideration.

On assessing the five years, the document also is more extensive in the recognition of diversity on stating in its Introduction that the "Platform for Action recognizes that women face barriers to full equality and advancement because of such factors as their race, age, language, ethnicity, culture, religion or disability, because they are indigenous women or because of other status." It should be remembered that the Platform for Action talks of "additional barriers."

The new document contains explicit measures to address political discrimination of disabled women, indigenous women, refugees, trafficking in women, colored women, young women, migrants and, for the first time it refers to the vulnerable condition of widows, the violence of racism and to older women and in paragraph 107g, the distinct reproductive and sexual health issues of older women and men are mentioned ("which are often inadequately addressed") among others.

Regarding abortion (107i) the June 10 consensus reaffirms the statement of the International Conference on Population and Development (CIPD-94) and strengthening their commitment, to consider the issue of unsafe abortion as a public health problem, to improve family planning services to avoid the recourse to abortion, to provide care and orientation to women who have unwanted pregnancies, and to determine measures and social changes related to abortion at a national and local level according to national legislative process, and to affirm that "in all cases, women should have access to quality services for the management of complications arising from abortion. Post-abortion counseling, education and family-planning services should be offered promptly which will also help to avoid repeat abortions and reviewing laws containing punitive measures against women who have undergone illegal abortions."

However, it was the issue of economy, the subject most pushed into the background five years ago in China, that was one of the most urgent for the female population on this occasion. They have always been the "poorest of the poor" and neo-liberalism, far from changing this trend, has strengthened it. Feminization of poverty has been recognized in all the recent reports, both by the UN Development Programme and by the most recent report of the UN Women's Fund.

And it was on this issue that the most significant progress was made in the language of the evaluation document. For the first time at a world forum it has been recognized by consensus that globalization has had a negative impact on women. The consensus adopted a series of measures aimed at reviewing macro-economic policies, but to review them with the political participation of those who are most affected: women.

Following a week of working almost 20 hours a day to complete the agenda, the women went back to their countries to continue the struggle for the implementation of the Platform for Action, which has been provided with new political resources, but no economic ones. In addition to the struggle for a budget, women are in a state of alert - in case that fundamentalists try to reaffirm their late night positions at national level!

María Suárez Toro is director of the feminist radio FIRE
and correspondent of the radio association AMARC: http://www.amarc.org

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