by Aileen Familara

Several times during Beijing Platform for Action review at the UN ESCAP held in November 2009, people would mention how there are still four countries in the region: Iran, Nauru, Palau and Tonga have yet to ratify the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

With the power of law, the CEDAW is a human rights instrument that upholds the principles of gender equality. For the countries that have already ratified the CEDAW and its optional protocol, national laws have already integrated the language of anti-discrimination, and mechanisms put in place to revised discriminatory laws and to comply with reporting at the international level.

The speakers presenting on day 2 of the Asia Pacific review of the BPFA gave examples of implementation in their own countries:

In Kyrgyzstan, NGOs and the CEDAW committee gave inputs to national processes reforming land ownership. Masaseiitova Bumairam, member of parliament, Kyrgysz Republic reported that CEDAW was cited to bring initiatives and revisions in land tenure law that gave many rural women equal access to land, as well as changes in the civil coded and family code covering the sale, transmission and exchange of land.

In Indonesia, Dr Sri Danti Anwar, deputy minister of Women Empowerment cited how “CEDAW is used for gender norms, gender mainstreaming is our national strategy and BPFA is used as our operational strategy, MDG is our target.” The impact of CEDAW on their own government includes gender mainstreaming of national development plans and increased political participation of women in politics (18 per cent in the national parliament).

Challenges abound in the region. Imrana Jalal, human rights advisor, Secretariat of the Pacific Community, reported that on one hand, CEDAW has strengthened women's movement in the Pacific, giving them a tool for mobilization. However, for countries that have refused to ratify, many cite social traditions as arguments against ratification.

“Palau argues that women enjoy higher status than men in their matrilineal society, ratification may mean leveling down of this status. Despite this matriarchal nature with unique rights and power over land, this power is in danger of being eroded by the cash economy. Despite being matrarchal, it has not translated into real political power. Tonga argues that land is a such scarce resource that they can't give women equal rights because land is too important and scarce a resource.” Jalal said that calls for CEDAW ratification caused an upsetting of political balance in Tonga.

Jean D’Cunha, regional director of UNIFEM stressed the key things that need to be done for greater CEDAW implementation in the Asia Pacific:

• We need to build the capacity of governments and civil society actors on the application of CEDAW instruments in a way that links CEDAW, BPFA and MDGs as mutually reinforcing mechanisms
• We need to ensure gender equality advocates are part of institutionalised mechanisms throughout the planning process
• We need strong accountability mechanisms with a critical presence of women at all levels

For more information about the CEDAW in Asia Pacific, please go to the website of the International Women's Rights Action Watch Asia Pacific.