DAVIS MODEL UNITED NATIONS

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1 DAVIS MODEL UNITED NATIONS UN Women Topic A: Women in Post-Conflict Transition and Reconstruction Topic B: Women Reproductive Rights and Reproductive Health

2 Letter from the Head Chair Esteemed Delegates, Welcome to the 2018 Davis Model United Conference (DMUNC)! I have the pleasure to introduce you to the UN Women Committee. My name is Elsa Denis and I am honored to be your head chair for the UN Women Committee. I hope to make this experience enjoyable and fun for all of you and am excited to see you debate such powerful topics that are women in post-conflict transition and women access to reproductive health and reproductive rights. A little bit about myself, I am a third-year transfer student majoring in International Relations and Human Rights at the University of California Davis. I am also an international student originally from France. In my free times, I like to dance, read books, tutor French, and debate about feminism with my friends. I started Model United Nations at Diablo Valley College in my freshman year and since then attended several conferences such as UCBMUN, LAMUN and Bay Mun. As a UC Davis student, I have previously staffed CCC MUN as a legal for the UNSC committee and AggieMun IV as vice chair for the Moctezuma crisis committee. I decided to choose both topics as they both discussed different challenges that women face towards their autonomy whether politically or socially. Looking at Women in Post-Conflict Transition, this topic will invite delegates to find ways in which including women in peace agreement upheld their status in the construction of a more just society. I would advise delegates to be familiar with the UN Resolution 1325 and to think about the benefits of including women in peace agreements. Looking at the controversial issue that are reproductive health and reproductive rights, I would advise delegates to be familiar with their countries positions. For example, I do not expect countries against reproductive rights to sponsor a resolution for a total legalization of abortion. Finally, my best advice to delegates is first and foremost to have fun! Be passionate, don t hesitate to talk, and don t forget to collaborate with other delegates as it is through cooperation that the United Nations always thrived. Sincerely, Elsa Denis Head Chair, UN Women, DMUNC XVI dmunc.women@dmunc.org 1

3 Topic A: Women in Post-Conflict Transition and Reconstruction Historical Background When nations try to mediate internal and external conflict, every actor, representing the state, the armed factions, and the civil society participate in order to reach peace and a more just society. In every armed conflict in the world, women and children account for a clear majority of those adversely affected by armed conflicts, whether as combatants, victims, refugees or internally displaced persons. Approximately half of children of primary school age who are not in school live in conflict-affected areas. In addition, in conflict and post-conflict areas, maternal mortality is on average 2.5 times higher. More than half of the world s maternal deaths occur in conflict-affected and fragile states, with the 10 worst-performing countries on maternal mortality 1 all either conflict or post-conflict countries. In addition, women suffer dramatically for mental and sexual violence. At the International Criminal Court, 40% of the perpetrators during the former Yugoslavian war were charged with sexual violence. In the Democratic Republic of the Congo, the extent of conflict-related sexual violence ranges from 18 per cent to 40 per cent 2 among women and girls and between four and 24 per cent among men and boys. The use of rape as a weapon of war is still used today in many nations to disrupt individuals and collective movement. Conflict also impact women as refugees. One in four households of all Syrian 1 UN Women. Women, Peace and Security, fact sheet. 2 Ibid 2

4 refugee families in Egypt, Lebanon, Iraq and Jordan are headed by women while this number reached 50 per cent of displaced families in Mali. Before the 1994 genocide in Rwanda, the average age for marriage for a girl was between 20 and 25 years. In the refugee camps during and after the genocide, the average age for marriage was 15 years. The consequences of combat affect women physically, morally, and socio-economically. As they represent active participants in society, the lack of their inclusion in peacebuilding hinder the process of durable peace and reconciliation. The trauma they undergone, but also their position close to fighters place them at the focal points of a conflict, whether as victims, witness, or mediator. In fact, whether survivors of abuse or protecting their family, the place they hold give them all the knowledge and legitimacy to know what needs to be done to end the conflict and why. Therefore, as women are fully impacted by conflict, their involvement in peacebuilding is crucial in establishing a more equal society and in ending gender discrimination. When women are included in peace processes, there is a 20 per cent increase in the probability of an agreement lasting at least 2 years, and a 35 per cent increase in the probability of an agreement lasting at 3 least 15 years. Although the United Nations Security Council (UNSC) resolution 1325 establishes the framework for States to improve gender participation in all stage of the peace process, women s participation in post-conflict transition is still minimum and the lack of implementation of such resolution is apparent. Past UN Actions Resolution 1325 on Women, Peace and Security is the main treaty that gives States responsibility to act in including women in the peace process. Among several principles, it expresses the UNSC willingness to incorporate gender perspective into peacekeeping operations, request the Secretary-General to provide training guidelines and materials on the protection, rights and needs of women, and in the importance of involving and including women in all peacekeeping and peacebuilding measures. It further urges states to increase funding in financial, technical and logistical support for gender-sensitive training effort. The need to increase the role and contributions of women within the United-Nations field-based operation is also being discussed. Finally, it urges parties of armed conflict to respect fully international law which id applicable to the rights and protection of women and girls, especially as civilians, in particular the obligations applicable to them under the Geneva Conventions of Ibid 4 United Nations Security Council Resolution 1325 (2000). 3

5 In 2008, UN Security Council resolution 1820 became the first resolution to recognize sexual violence as a tactic of war. It illustrates how such violence are used either to achieve military or political ends, or when they are opportunistic and arising from cultures of impunity. It also identifies sexual violence as a matter of international peace and security that necessitates a security response. The UNSC resolution also recognizes that such acts exacerbate situations of armed conflict and impede the restoration of peace and security. It further notes that rape and other forms of sexual violence constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide. Rape as war crime is indeed passible of prosecution at the International Criminal Court. The UN Security Council resolution 2242 places the women, peace and security agenda as a central component in addressing the rise of violent extremism, the increased numbers of refugees and internally displaced persons, and the global impacts of climate change and health pandemics. It is the only resolution of the Council to acknowledge these dramatic changes. Resolution 2242 also creates an Informal Experts Group on Women, Peace and Security to support the Council in the consistent implementation of its commitments in this area. Resolution 2242 further encourages ambitious new targets for numbers of female peacekeepers using incentives for troop-contributing countries. It states the need for more senior women leaders in all levels of decision-making; and notes the need to train mediators on the impact of inclusive processes with the evidence linking women s participation to more sustainable peace agreements. The resolution 5 also highlights the need to address the critical funding gap for women s organizations. While the UNSC resolutions stated above gave a broad and extensive framework for Women, Peace and Security, States often lack the funds and a true will to implement the UNSC recommendation. The 2015 and 2016 UNSC report on Women, Peace and Security illustrates the lack of implementation. Out of the 504 agreements signed since the adoption of resolution 1325, 6 only 27% of them included references to women. Between 1992 and 2011, women represented only 4% of signatories to peace agreements and less than 10 percent of negotiators at the peace table. Furthermore, one of the main challenge to implement the UNSC resolution is the lack of funding. Between 9.5 per cent and 13 per cent of global military spending could eliminate extreme poverty and hunger by 2030, if funds were channeled to improve agriculture and rural infrastructure in poor communities. As a matter of fact, in 2015 alone, the world spent an estimated US $34 billion on UN peacekeeping and humanitarian aid for victims of conflict and refugees. In the 5 United Nations Security Council Resolution UN Security Council (2015). Report of the Secretary-General on women, peace and security. 4

6 same year, experts also estimate that the total global cost of violence and conflict around the world was US $13.6 trillion. In 2014, less than one per cent of aid to fragile states and economies targeted gender equality significantly. Only two per cent of aid to fragile states and economies in 2012 and 2013 targeted gender equality as a principal objective, and only USD 130 million out of almost USD 32 billion of total aid went to women s equality organizations and institutions. Furthermore, several polemics and alerts on peacekeepers perpetuating sexual abuse during peacekeeping missions in the Central African Republic shows the failure in the UNSC to held perpetrators accountable for their crimes. Key Words - Peacebuilding: The term peacebuilding was first defined by the work of Johan Galtung in the 1970s who saw the promotion of sustainable peace by the creation of peacebuilding structures addressing the root cause of the conflict. However, peacebuilding involves multidimensional exercise involving different actors and institutions such as disarming warrying factions, rebuilding political, economic and civil society institutions, and 7 redistributing resources equally. Delegates should think about peacebuilding through the definition of the 2007 UN Secretary General s policy committee: Peacebuilding involves a range of measures targeted to reduce the risk of lapsing or relapsing into conflict by strengthening national capacities at all levels for conflict management, and to lay the foundations for sustainable peace and development. Peacebuilding strategies must be coherent and tailored to specific needs of the country concerned, based on national ownership, and should comprise a carefully prioritized, sequenced, and therefore relatively narrow set of activities aimed at achieving the above objectives. - Gender mainstreaming: The goal of integrating the experiences, needs and concerns of both women and men into the design, planning, implementation, monitoring, and evaluation of all policies (economic, political, and social) with the aim of achieving 8 gender equality. Gender mainstreaming attempts to decenter the male norm upon which policymaking has rested and within which women must fit. Gender mainstreaming questions the notion of women in politics versus feminist politics and invites delegates to think in a way of the policy they want to draw. When women succeed in leading high-ranking post, internalized societal norms of behaviors in patriarchal societies often 7 UN Peacebuilding Support Office. UN Secretariat. New York. 8 Peterson, VS and Runyan A.S. «Global Gender Issues in the New Millenium» Chapter 3. Gender and Global Governance. 3rd edition,

7 precluded them from advocating gender-based policy. If women leaders are not tied-up with women movements, women policies they try to raise up are usually not being successful. - Transitional Justice: According to the Secretary General guidance on the UN approach to transitional justice, it is defined as both judicial and non-judicial processes and mechanisms, including prosecution initiatives, facilitating initiatives in respect of the 9 right to truth, delivering reparations, institutional reform and national consultations. It recognizes justice as fundamental in accounting for the dignity of citizens victims of human rights abuses. Mass atrocities and systematic abuses devastate societies and their legacy is likely to make conditions of the country fragile: political and legal institutions like parliament, the judiciary, the police and the prosecution service may be weak, 10 unstable, politicized and under-resourced. Transitional Justice can be done through criminal prosecutions for the most responsible perpetrators of serious crimes, trough truth-seeking processes into human rights violations by impartial bodies. Transitional justice can also work through reparations for human rights violations in the form of individual and collective acknowledgement, or material and symbolic reparations. Finally, the reform of laws and institutions which include the police, judiciary, and military are crucial in transitional justice process. This is especially important to the notion of women in transitional process as implementing gender-sensitive laws during this period creates more equal society and set new standards for institutions and individuals. Possible Solutions In finding solutions on the difficult topic that is women in post-conflict transitions, delegates should think about the multidimensional role of women into peacekeeping and what it entails. Working with other UN bodies and NGO s to reach implementation at the national and individual level is also crucial to a successful implementation of polices. For example, UN Women currently works with the Inclusive Peace and Transition Initiative, The Political Settlement and Research Program at the University of Edinburg in the Middle East and North Africa (MENA) to support women s engagement and influent 9 United Nations. Guidance-note of the Secretary General: United Nations Approach to Transitional Justice International Center for Transitional Justice. 6

8 Davis Model United Nations Conference XVI 11 in peace process. The UNSC, the UN Peacebuilding Fund and the UN Human Rights Committee also collaborate heavily with UN Women in framing international law for Women in conflict, but also in holding perpetrators accountable for their crimes. UN Women assist women s movement in several ways such as holding workshop to raise awareness and train women on the peacebuilding process, assisting networks of activist who use diplomacy and mediation to engage women in peacebuilding, and collecting data on women violence. Furthermore, delegates should emphasize the collaboration with NGO s as they are a-political entities which have usually more legitimacy in helping and support populations. Furthermore, delegates should emphasize in their resolutions a broad the inclusion of women at all level of the peace process. Since women are affected in various ways by the conflicts, their positions as mediators, activist, peace negotiators and leaders are all necessary in achieving a just transitional process. Furthermore, as nations have different cultural, religious and traditional background, resolutions should implement laws and policies than in addition of including women, set the amount of funding and the necessary societal changes that led to a full transformation of societal gender norms. Research to Consider I) What is the role and legitimacy held by women in Transitional Process? II) What can nations do to include women at every level in Post-Conflict Transition? III) What UN bodies and/or NGOs can UN Women work with to implement recommendations? IV) How can UN women pressure nations to implement internationally agreed upon norms at national law? 11 UN Women. Conflict Prevention and Resolution 7

9 Topic B: Women Reproductive Rights and Reproductive Health Historical Background What it is: Reproductive Rights were defined by the International Conference on the Cooperation and Development held in Cairo in They embrace certain human rights that are already recognized in national laws, international laws and international human rights documents and other consensus documents. These rights rest on the recognition of the basic rights of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. It also includes the right to make decisions concerning reproduction free of discrimination, coercion and violence, as expressed in human rights documents. The rights for reproductive and sexual health further includes the right to life, liberty and the security of the person; the right to health care and information; and the right to non-discrimination in the allocation of resources to health services and in their availability and accessibility. T he rights to autonomy and privacy are therefore of central importance in making sexual and reproductive decisions, as well as the rights to informed consent and confidentiality in relation to health services. While the necessity to provide women health care resources and treaty stipulating that women have autonomies on their bodies exist, most nations sill perpetuate a systemic violation of the rights in varied forms leading to a high rate of maternal mortality Situational and social constraints impede women s access to reproductive health. A lack of procedures for legal abortion, inadequate allocation of resources for family planning, coercive population programs, spousal consent to sterilization, and occupational discrimination of pregnant women are among the main challenges to women s autonomy in deciding over their own body. Certain States for example, permit health providers to invoke conscientious objection to limit women s access to reproductive 12 health service. In different region of the world, forced reproductive health procedure, including forced or coerced sterilization, forced or coerced abortion, and mandatory testing or screening for pregnancy all violate women s right to health-related decision-making and informed consent. Furthermore, migrant women and refugees suffer tremendously from language barriers and a lack of cultural awareness, including the availability of reproductive health services in the host state. Women in refugee camps are even the target of violence from both the forces supposed to protect them and the factions they seek to escape from. Finally, a numerous amount of States still implements harmful traditional practices, which treaty monitoring bodies have recognized violate a number of human rights and have implications for reproductive autonomy. Child, early, and forced marriages can increase levels of violence and limit women s opportunities for decision-making, particularly when it comes to sexuality and reproduction. 12 UN Women Strategic Plan. 8

10 Furthermore, child marriage often led to early and frequent pregnancy and childbirth, which also results in increased maternal mortality rates. Past UN Actions While the UN Women committee previously focused their action on Peace and Security, Women in Global Governance, Humanitarian Action, Gender Violence, and Economic and Social Autonomy, the actions for reproductive rights were headed by the UN Human Rights Committee, the World Health Organization and the UN Fund for Development. The human rights already recognized in "international human rights documents" include "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health" as guaranteed by Article 12 of the International Covenant on Economic, Social and Cultural Rights (1964) (ICESCR). Other health-related human rights fall within the scope of certain fundamental freedoms protected under the International Covenant on Civil and Political Rights (1964) (ICCPR). These include the right to life, the right to liberty and security of the person, and the right to privacy, to mention just a few. In addition, the Convention on the Elimination of All Forms of Discrimination Against Women (1978) (known as CEDAW and hereinafter referred to as the Women s Convention) is particularly pertinent to the enjoyment of sexual and reproductive rights. The Beigin Conference (1995) stated that the explicit recognition and reaffirmation of the right of all women to control all aspects of their health, their own fertility, is basic to their empowerment. The Convention on the Elimination of Discrimination for all Women (CEDAW, 1998) were the most comprehensive and progressive in addressing reproductive rights. Article 12 formulates States Parties obligation " to take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning." The Women s Convention is the only one of the six human rights treaties in the United Nations system to mention family planning. In addition to the article 12, the right of access to specific educational information and advice on family planning is guaranteed under article 10(h). And article 14(b) specifies, in particular, the right of women in rural areas to have access to adequate health care facilities, including information, counselling and services in family planning. The Convention also refers to women s right to protection of health and to safety in working conditions, including "the safeguarding of the function of reproduction", in article 11(1)(f). 9

11 Possible Solutions The UN Women Strategic Plan take a real stance on the need for the committee to address reproductive rights and reproductive health to ensure gender equality and the empowerment of women worldwide. UN-Women s Strategic Plan takes a comprehensive approach to gender equality and the empowerment of women. It is built on the premise that progress in one area can leverage achievements in another, as preventing violence against women can be a lever for their enhanced participation in public life; or women s sexual and reproductive health and reproductive rights are an 13 enabler for their economic empowerment. UN-Women plan Strategic Plan further address the need to work with faith-based organizations to use their influence to transform discriminatory social norms and ensure that their support programmers are gender-responsive. In Senegal for example, UN-Women worked with religious leaders on issues including gender-based violence, sexual and reproductive health and reproductive rights and maternal and UN-Women contributes efforts to repeal discriminatory legislation and norms that impede women s access to sexual and reproductive health services provided by other partner agencies, thereby supporting demand child health in partnership with UN agencies. Finally, the need to collect data to record women s need is crucial in implementing UN program. Collaborating with other bodies such as UN Statistical Division and Regional Commissions, ending violence against women with UNFPA, UNDP and the UN Office on Drugs and Crime, and sexual and reproductive health and rights with UNFPA would benefit UN Women in being more efficient. Further illustrated by the UN-Women Strategic Plans are the committee advantages. First, UN-Women s capacity can act as a bridge to link global and national policy development for gender equality and women s empowerment. Second, UN-Women s longstanding relationship with the women s movement allows it to bring the voice, capacities and contribution of the UN system s efforts, particularly regarding those most likely left behind. Third, UN-Women can bridge and coherently bring the different aspects of the UN Charter together in a holistic manner in pursuit of gender equality, breaking silos between human rights, development, peace and security and humanitarian action. UN-Women s composite mandate endows it with a unique capacity to: support the strengthening of norms and standards at global and regional levels; promote UN-system accountability to these normative advances; and integrate them into legislation, policies and development plans at the national and local level. It also enables the Entity to inform development of global norms and standards with on - the-ground realities. Key Definition: - Autonomy: Autonomy means the right of a woman to make decisions concerning her fertility and sexuality free of coercion and violence. Much turns on our understanding of coercion and violence. Key to this is the notion of choice. Autonomy also means that a 13 Ibid 10

12 woman seeking health care in relation to her fertility and sexuality is entitled to be treated as an individual in her own right - the sole client of the health care provider, and fully competent to make decisions concerning her own health. This is a matter, among other things, of the woman s right to equality before the law as to her legal capacity. The right to autonomy in making health decisions in general, and sexual and reproductive decisions, derives from the fundamental human right to liberty. Autonomy is intimately and intrinsically connected with many fundamental human rights, such as liberty, dignity, privacy, security of the person, and bodily integrity. These form the basis for asserting rights to informed consent and confidentiality in relation to health services and health care. Moreover, article 15 of the CEDAW guarantees women s right to equality before the law and to full legal capacity. This includes women s right to make free and informed 14 decisions about health care, medical treatment and research. - Discrimination: Article 1 of the Convention defines the term discrimination against women as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. First, the Convention adopts an "effect" approach, whereby discrimination is condemned even if it is not purposeful. These patterns persist if no intervention is undertaken for the removal of discriminatory barriers, or if we fail to pay attention to the factors that comprise the "real" differences - some biological or physiological, and some social - between women and men in relation to their health. It should be mentioned in this context that the Committee has noted that discrimination under the Convention is not restricted to action by or on behalf of governments. This means that states may also be responsible for acts of discrimination perpetrated in the private sphere by non-governmental actors, including health care providers. - Women in vulnerable situations: in recent years there has been a growing focus in human rights work on vulnerable groups. Indeed, women from rural area and low-income family have less resources and more structural constraints in accessing reproductive resources and services. This 14 the ICPD and the Convention on the Elimination of All Forms of Discrimination Against Women. Rights to Sexual and Reproductive Health - March 18,

13 has been a result of a new interest in economic and social rights and the concomitant concept of social justice. Whereas the previous emphasis on civil and political rights drew mainly from the concept of liberty and focused on individuals as such, attention is now given to violations of rights of individuals as members of vulnerable groups within a given society. Thus, health practices and policies should be examined in light of the needs of the most disadvantaged groups in society. These include, among others, rural and marginal urban groups, women in situations of armed conflict, and women in prostitution. - Third Party Autorization Requirements: The CEDAW Committee, CRC Committee, Committee against Torture (CAT Committee), CRPD Committee and Human Rights Committee have urged states to repeal third-party authorization requirements. Those involved the ones that required spouses, judges, parents, guardians, or health authority s authorization. In its General Recommendation on access to justice, the CEDAW Committee calls on states to abolish rules and practices that require parental or spousal authorization for access to services such as health, including sexual and reproductive 15 health. - Research to Consider I) How can UN Women implement efficiently their Strategic Plan? II) How can UN Women campaign for reproductive health and reproductive rights? III) How can UN Women collaborate with other UN Bodies to promote reproductive health and reproductive rights? IV) How can UN Women work with nations to implement international agreements promoting reproductive health and rights? Annotated Bbliography International Center for Transitional Justice. What is Transitional Justice? Ibid 12

14 The ICPD and the Convention on the Elimination of All Forms of Discrimination Against Women. Rights to Sexual and Reproductive Health - March 18, Peterson, VS and Runyan A.S. «Global Gender Issues in the New Millenium» Chapter 3. Gender and Global Governance. 3rd edition, UC Davis Library. United Nations. Guidance-note of the Secretary General: United Nations Approach to Transitional Justice United Nations Security Council: UNSC Resolution 1325 (2000). UNSC Resolution 2242 (2015) -adopted-on-13-october-2015/ United Nations Security Council. Report of the Secretary-General on women, peace and security, NY (2015). 8CD3-CF6E4FF96FF9%7D/s_2015_203.pdf UN Peacebuilding Support Office. UN Secretariat. New York. UN Women. Conflict Prevention and Resolution. UN Women Strategic Plan Annual session of and 28 June