1 For the text of the Vienna Declaration and Programme of Action, see UN Doc. A/CONF. 157/23 (1993), reprinted in 32 ILM 1661 (1993) [hereinafter UN Doc. A/CONF. 157/23].

2 Resolution AFRM/13 was 1 of 14 resolutions adopted by the Regional Meeting for Africa. Report of the Regional Meeting for Africa of the World Conference on Human Rights, UN Doc. A/CONF.157/AFRM/14-A/CONF.157/PC/57, at 18–19 (1992). Although the final declaration adopted in Tunis does not mention women’s human rights, it contains only general references to any specific human rights issues. Id. at 2–3.

3 Res. AFRM/13, id. at 19.

4 Id. at 18–19. It also urged governments to integrate women fully into the formulation and implementation of development policies and to facilitate their access to decision-making posts at the national and international levels. Id. at 18.

5 Adoption of the Final Documents and/or Declaration of the Regional Meeting for Latin America and the Caribbean, UN Doc. A/CONF.157/LACRM/12/Add.1, at 5 (1993).

6 See Report of the Regional Meeting for Asia of the World Conference on Human Rights, UN Doc. A/CONF.157/ASRM/8-A/CONF.157/PC/59, at 5 (1993) [hereinafter Bangkok Declaration]. The declaration also challenges the principle that human rights violations are a legitimate concern of the international community by emphasizing the principles of national sovereignty and noninterference in the internal affairs of states, and “nonselectivity” in implementing human rights. Id. at 4.

7 Id. at 6.

8 The preamble to the Bangkok Declaration does encourage ratification of international human rights instruments, particularly the International Covenants on Human Rights. Id. at 3.

9 CHR Res. 1993/46, Commission on Human Rights, Report of the Forty-ninth Session, 1993 UN ESCOR, Supp. No. 3, at 158–59, UN Doc. E/1993/23-E/CN.4/1993/122. The CHR will consider the proposal for a special rapporteur on violence against women at its 50th session, “taking into account the work of the Commission on the Status of Women on, inter alia, the issue of violence against women, the results of the World Conference on Human Rights and the results of the work undertaken pursuant to the present resolution.” Id. at 159.

10 Id. at 158. The Vienna Programme of Action noted Resolution 1993/46 with satisfaction. UN Doc. A/CONF. 157/23, at 20. Resolution 1993/46 was a Canadian initiative given further impetus by the Government’s announcement in Vienna that it would contribute $500,000 to fund a two-year post in the Centre for Human Rights to oversee the integration of women’s human rights into the human rights program. The Canadian Government provided strong leadership in drafting the provisions on women’s human rights adopted by the fourth meeting of the Preparatory Committee for the conference and worked closely with NGO advocates in this process. The majority of the provisions on women’s human rights incorporated into the Vienna Declaration and Programme of Action were agreed upon at the fourth meeting of the Preparatory Committee, held in Geneva from April 19 to May 7, 1993. See Report of the Preparatory Committee, UN Doc. A/CONF. 157/PC/98, at 25–26, 40–42 (1993).

11 CHR Res. 1993/46, supra note 9, at 159. The Secretary-General is requested to report to the 1993 session of the General Assembly and the 50th session of the CHR on the implementation of this resolution. Id.

12 For the recommendations by the Vienna NGO Forum’s working group on “evolution of the present state of the protection of women’s rights,” see Recommendations of the Working Groups of the NGO Forum at the World Conference on Human Rights, UN Doc. A/CONF.157/7, at 7–10 (1993).

13 Among the references to human rights violations in armed conflict, the Declaration mentions the systematic rape of women and violations affecting the civilian population, “especially women … .” UN Doc. A/CONF.157/23, at 10. It includes discrimination against women in a list of gross and systematic violations. Id. at 11. The Declaration also refers to programs for the defense of children, “in particular, the girl-child … ,” id. at 8, and the section in the Programme of Action on the rights of the child includes references to maternal mortality, female infanticide and measures to ensure the human rights of the girl-child, including the elimination of discriminatory and harmful laws or customs, id. at 21. The section on human rights education cites the human rights needs of women. Id. at 26.

14 The global tribunal was coordinated by the Center for Women’s Global Leadership at Rutgers University and cosponsored by a wide range of women’s organizations from all regions.

15 UN Doc. A/CONF.157/23, at 7.

16 Id.

17 Id. at 19.

18 Id.

19 See James Sterngold, An Apology From Japan, Finally, To War’s Sex Slaves, N.Y. Times, Aug. 8, 1993, §4, at 2; James Sterngold, Japan Admits Army Forced Women Into War Brothels, id., Aug. 5, 1993, at A2.

20 UN Doc. E/CN.4/Sub.2/1993/L.12/Rev.l, at 2 (1993). Ms. Linda Chavez was designated as special rapporteur.

21 Id. See Report of the Working Group on Contemporary Forms of Slavery, UN Doc. E/CN.4/ Sub.2/1993/30, at 27–28 (1993). Enforced prostitution is prohibited by Article 27 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 UST 3516, 75 UNTS 287; Article 76(1) of Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, opened for signature Dec. 12, 1977, 1125 UNTS 3 (entered into force Dec. 7, 1978) [hereinafter Protocol I]; and Article 4(2)(e) of Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, opened for signature Dec. 12, 1977, 1125 UNTS 609 (entered into force Dec. 7, 1978) [hereinafter Protocol II].

22 UN Doc. A/CONF. 157/23, at 10. The conference also expressed concern about human rights violations affecting the civilian population in armed conflicts, with particular reference to “women, children, the elderly and the disabled,” that is, to women as a “vulnerable group.” Id. Violence against women is condemned in the preamble to the Declaration. Id. at 3 (expressing deep concern about “various forms of discrimination and violence, to which women continue to be exposed all over the world”).

23 See Theodor Meron, Rape as a Crime under International Humanitarian Law, 87 AJIL 424, 425 (1993). Rape is prohibited by Article 27 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, supra note 21, Article 76(1) of Protocol I, supra note 21, and Article 4(2)(e) of Protocol II, supra note 21.

24 UN Doc. A/CONF. 157/23, at 19.

26 Id.

25 For discussion of the draft declaration, see text at notes 76–98 infra.

27 UN Doc. A/CONF. 157/23, at 19.

28 See also Theodor Meron, Enhancing the Effectiveness of the Prohibition of Discrimination against Women, 84 AJIL 213, 215–16 (1990) (recommending the appointment by the CHR of a rapporteur on gender discrimination).

29 UN Doc. A/CONF. 157/23, at 3–5.

30 Id. at 5.

31 Id. at 7 (emphasis added).

32 Id. at 16.

33 Id. at 19.

34 In contrast, the section on the rights of the child urges states to “repeal existing laws and regulations and remove customs and practices which discriminate against and cause harm to the girl-child.” Id. at 21. For discussion of conflicts between gender equality and religious or cultural practices, see Donna J. Sullivan, Gender Equality and Religious Freedom: Toward a Framework for Conflict Resolution, 24 N.Y.U. J. Int’l L. & Pol. 795 (1992).

35 For discussion of strategies for eradicating female genital mutilation, see generally Nahid Toubia, Female Genital Mutilation: A Call for Global Action (1993); Efua Dorkenoo & Scilla Elworthy, Female Genital Mutilation: Proposals for Change (Minority Rights Group Report No. 92/3, rev. ed. 1992). See also Study on Traditional Practices Affecting the Health of Women and Children, Final Report by the Special Rapporteur, UN Doc. E/CN.4/Sub.2/1991/6.

36 UN Doc. A/CONF. 157/23, at 18–19.

37 Id. at 19–20.

38 Id. at 20.

39 See note 13 supra.

40 UN Doc. A/CONF. 157/23, at 19. As of November 1993, 126 states had ratified the Convention and ratification by the United States was long overdue. The announcement by U.S. Secretary of State Warren Christopher in Vienna that the Clinton administration would move to secure ratification of the Convention was therefore welcomed by NGOs, which point out that ratification is essential to U.S. credibility as an advocate for women’s human rights in multilateral and bilateral settings. U.S. Secretary of State Warren Christopher, Address at the World Conference on Human Rights, June 14, 1993, 4 U.S. Dep’t of State, Dispatch 441 (1993). Assistant Secretary of State John Shattuck reiterated this commitment in testimony before the Subcommittee on International Security, International Organizations and Human Rights of the House Committee on Foreign Affairs (Sept. 29, 1993) (on file with the author).

41 UN Doc. A/CONF. 157/23, at 19. For discussion of the reservations to the Convention, see Belinda Clark, The Vienna Convention Reservations Regime and the Convention on Discrimination against Women, 85 AJIL 281 (1991); Rebecca Cook, Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, 30 Va. J. Int’L L. 643 (1990).

42 UN Doc. A/CONF. 157/23, at 19. This expression of support for CEDAW’s efforts to deal with the problem of reservations is particularly welcome in light of the political criticism to which such efforts have been subjected in the past. See Clark, supra note 41, at 287–88; Andrew C. Byrnes, The “Other” Human Rights Treaty Body: The Work of the Committee on the Elimination of Discrimination Against Women, 14 Yale J. Int’l L. 1, 54–55 (1989). The Declaration encourages all states to avoid, “as far as possible, the resort to reservations” to human rights instruments generally. UN Doc. A/CONF. 157/23, at 10. The Programme of Action adopts a more protective stance, encouraging states “to consider limiting the extent of any reservations they lodge to international human rights instruments, formulate any reservations as precisely and narrowly as possible, ensure that none is incompatible with the object and purpose of the relevant treaty and regularly review any reservations with a view to withdrawing them.” Id. at 14.

45 UN Doc. A/CONF.157/23, at 19.

44 Id. at 21.

45 Women’s Convention, Art. 20, GA Res. 34/180, Dec. 18, 1979, UN GAOR, 34th Sess., Supp. No. 46, at 193, UN Doc. A/34/46 (1979).

46 See generally Byrnes, supra note 42, at 56–65.

47 UN Doc. A/CONF.157/23, at 20. See also Improvement of the status of women in the Secretariat, Report of the Secretary-General, UN Doc. A/48/513 (1993) (regarding progress toward target participation rates mandated by the General Assembly).

48 UN Doc. A/CONF.157/23, at 7.

49 Id.

50 Danilo Turk, the special rapporteur on the realization of economic, social and cultural rights appointed by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, noted in his first progress report that “women tend, on the whole, to enjoy many economic, social and cultural rights to a far lesser degree than men, in all regions of the world.” Realization of economic, social and cultural rights, Preliminary report by the Special Rapporteur, UN Doc. E/CN.4/Sub.2/ 1990/19, at 14.

51 UN Doc. A/CONF. 157/23, at 9. See also CHR Res. 1993/13, Commission on Human Rights, Report of the Forty-ninth Session, supra note 9, at 84, 86 (endorsing the appointment by the Sub-Commission on Prevention of Discrimination and Protection of Minorities of a special rapporteur on human rights and extreme poverty).

52 UN Doc. A/CONF. 157/23, at 11. In an oblique reference to trade sanctions and embargoes that was urged by Cuba, the Declaration also calls on states to refrain from unilateral measures contrary to the UN Charter that impede human rights, “in particular, the rights of everyone to a standard of living adequate for their health and well-being, including food and medical care, housing and the necessary social services.” Id.

53 Id. at 25.

54 Id. at 28. For recommendations on the realization of economic, social and cultural rights, addressed to UN human rights bodies, states, international financial institutions and nongovernmental organizations, see Danilo Turk, Realization of economic, social and cultural rights, Final report by the Special Rapporteur, UN Doc. E/CN.4/Sub.2/1992/16, at 53–62. See also CHR Res. 1993/14, Commission on Human Rights, Report of the Forty-ninth Session, supra note 9, at 87, 89 (recognizing the importance of indicators and inviting states parties to the International Covenant on Economic, Social and Cultural Rights to consider identifying national benchmarks to give effect to the “minimum core obligation to ensure the satisfaction of minimum essential levels of each of the rights”).

55 UN Doc. A/CONF. 157/23, at 19.

56 Id. at 7.

57 Id. at 19.

58 See United Nations, Women: Challenges to the Year 2000, at 19–21, UN Sales No. E.91.I.21 (1991) [hereinafter Challenges].

59 UN Doc. A/CONF. 157/23, at 19.

60 See id. at 25.

61 See Challenges, supra note 58, at 28.

62 UN Doc. A/CONF. 157/23, at 26. The conference called on governments to undertake programs for the “widest human rights education and the dissemination of public information,” and recommended that the UN technical assistance and advisory services programs “be able to respond immediately” to requests for human rights education and training activities, including human rights training for military and law enforcement personnel and health professionals. Id. It also noted that a UN decade for human rights education should be considered. Id.

63 GA Res. 41/128, UN GAOR, 41st Sess., Supp. No. 53, at 186, UN Doc. A/41/53 (1986).

64 UN Doc. A/CONF. 157/23, at 5 (emphasis added).

65 Id. at 6.

66 Id. at 18. See also Rio Declaration on Environment and Development, Principle 20, UN Doc. A/CONF.151/5/Rev.1 (1992), reprinted in 31 ILM 874, 879 (1992).

67 UN Doc. A/CONF. 157/23, at 18 (emphasis added). See Res. AFRM/13, supra note 2, at 18.

68 UN Doc. A/CONF. 157/23, at 24.

69 For general assessments of the effects of structural adjustment policies and the economic crises of the 1980s on women’s access to food, health care, education and employment, see Challenges, supra note 58, at 18, 24, 30–31, 43, 48–49; Turk, supra note 54, at 17. See also id. at 58 (stating that “[p]ublic spending must be consistent with the degree to which economic, social and cultural rights remain unrealized in a given country.”).

70 UN Doc. A/CONF.157/23, at 13.

71 See Turk, supra note 54, at 53–62 (for analysis and recommendations concerning the policies of international financial institutions relating to social aspects of structural adjustment programs and changes in fiscal policies). See also CHR Res. 1993/14, supra note 54, at 90 (requesting that the Secretary-General “prepare basic policy guidelines on structural adjustment and economic, social and cultural rights, which could serve as a basis for a continued dialogue between human rights bodies and the international financial institutions”); CHR Res. 1993/12, Commission on Human Rights, Report of the Forty-ninth Session, supra note 9, at 81, 83 (affirming that debt payments should not take precedence over the “basic rights of the people of debtor countries to food, shelter, clothing, employment, health services and a healthy environment”).

72 See Turk, supra note 54, at 59–61.

73 For analysis of the extent to which the CHR Special Rapporteur on Torture has taken account of the torture and ill-treatment of women, with recommendations on reporting methodology, methods of work and legal analysis, see International Human Rights Law Group, Token Gestures, I. The U.N. Special Rapporteur on Torture (1993).

74 UN Doc. A/CONF. 157/23, at 20. The World Conference on Women has been authorized to assess women’s status in terms of the objectives of the Nairobi Forward Looking Strategies for the Advancement of Women to the Year 2000; mobilize women and men at the policy and grass-roots levels to achieve those objectives; adopt a platform of action focusing on fundamental obstacles to the advancement of women; and determine the priorities to be followed in 1996–2001 for implementation of the strategies within the United Nations.

75 In addition, the 1994 International Conference on Population and Development should affirm reproductive rights and reproductive health within a human rights framework that stresses states’ obligations to ensure gender equality. The annotated outline of the final document of the conference adopts primarily a policy approach, referring to improvement in the status of women, but does include references to gender equality. See International Conference on Population and Development, Annotated outline of the final document of the Conference, Note by the Secretary-General, UN Doc. A/48/406/Add.1, at 12–14 (1993).

76 Report of the Expert Group Meeting on Violence Against Women, UN Doc. EGM/VAW/ 1991/1.

77 Report of the Commission on the Status of Women on its thirty-seventh session, UN Doc. E/1993/27-E/CN.6/1993/18, at 11–16 [hereinafter CSW 1993 Report].

78 For the text of the draft declaration, see UN Doc. A/C.3/48/L.5 (1993).

79 Preamble, para. 12, id. at 3.

80 Id.

81 For the text of general recommendation No. 19, see UN Doc. HRI/GEN/1, at 74 (1992). Article 21 of the Women’s Convention authorizes the Committee to make “suggestions and general recommendations based on the examination of reports and information received from the States Parties.” Like the general comments adopted by the Human Rights Committee under the International Covenant on Civil and Political Rights, CEDAW’s general recommendations are not binding on states parties.

82 General recommendation No. 19 notes that the definition of discrimination in Article 1 of the Convention includes gender-based violence, “that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.” UN Doc. HRI/GEN/1, at 74, para. 6 (1992). Such violence is inconsistent with the basic duty to eliminate gender discrimination stated in Article 2, and with specific duties under Articles 5, 6, 11, 12, 14, and 16 of the Convention. Id. at 75–77, paras. 7–23.

83 Id. at 75, para. 7.

84 Art. 4, UN Doc. A/C.3/48/L.5, at 5–6 (1993).

85 Cf. Draft Inter-American Convention on Women and Violence, OEA/Ser.L/11.7.5, CIM/RE-COVI/Doc.20/93 (1993).

86 Art. 1, UN Doc. A/C.3/48/L.5, at 3 (1993).

87 The forms of “physical, sexual and psychological” violence listed are “battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence, and violence related to exploitation.” Art. 2(a), id.

88 The identified examples of violence in the general community are “rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution.” Art. 2(b), id.

89 Art. 2(c), id.

90 CSW 1993 Report, supra note 77, at 58. This implicit distinction reflects what is likely to be a growing debate over the relationship between the CSW’s role in promoting women’s rights and the CHR’s role in promoting and protecting women’s human rights. The latter was affirmed in CHR Resolution 1993/46, supra note 9, and the provisions on integrating women’s human rights in the Vienna Declaration and Programme of Action. In addition to this debate over institutional responsibilities, the implication that such measures as educational campaigns, more severe penalties for perpetrators or shelters for victims are policy, not rights-based, initiatives reflects inadequate consideration of the extent to which states have affirmative, as well as negative, duties under human rights instruments to eliminate gender-based violence.

91 Article 4 calls on states to adopt measures only in paragraph (j), which reiterates Article 5(a) of the Women’s Convention, and paragraph (l)’, which refers to the general category of measures “directed to the elimination of violence against women who are especially vulnerable to violence.” UN Doc. A/C.3/48/L.5, at 6 (1993).

92 Cf. Declaration on the Protection of All Persons from Enforced Disappearances, GA Res. 47/133, UN GAOR, 47th Sess., Supp. No. 49, at 207, UN Doc. A/47/49 (Vol. I).

93 UN Doc. A/C.3/48/L.5, at 5 (1993).

94 Cf. CEDAW general recommendation No. 19, supra note 81, at 75, para. 9. See generally Theo van Boven, Study concerning the right to restitution, compensation, and rehabilitation for victims of gross violations of human rights and fundamental freedoms, UN Doc. E/CN.4/Sub.2/1993/8.

95 Art. 4, UN Doc. A/C.3/48/L.5, at 5 (1993).

96 Preamble, para. 12, id. at 3.

97 Art. 3, id. at 4.

98 Universal Declaration of Human Rights, Art. 16(1), GA Res. 217, UN Doc. A/810, at 71 (1948); International Covenant on Civil and Political Rights, Art. 24(4), Dec. 16, 1966, 999 UNTS 171; Women’s Convention, Art. 16(a)–(b), supra note 45.

99 While this report was in the press, the General Assembly, at its forty-eighth session, adopted by consensus the Declaration on the Elimination of Violence against Women, GA Res. 48/104 (Dec. 20, 1993), with no changes to the draft text, UN Doc. A/C.3/48/L.5/1993, and created the post of High Commissioner for Human Rights, GA Res. 48/141 (Dec. 20, 1993).