FROM: NATIONAL WOMEN'S JUSTICE COALITION, WOMEN'S RIGHTS ACTION NETWORK
AUSTRALIA AND THE YWCA OF AUSTRALIA
DATE: 21 September 2000

SIGN ON BY 29 Sept 2000 Letter to Prime Minister from Women's Organisations
& Individuals re: Review of Australia's Participation in the Human Rights
Treaty System and
International Protection System


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-----------PLEASE CIRCULATE QUICKLY------------------
Sept. 18 '00 Urgent: Call for endorsements - letter to the Prime Minister
and others - reconsider the decision not to ratify the optional protocol to
CEDAW.  Call ends Friday 29 Sept 2000  web page: <http://www.nwjc.org.au/wrana>
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BACKGROUND

The long road to the United Nations adopting the Optional Protocol to CEDAW
on 6 October 1999 and Australia's participation in that process is
summarised on the NWJC
Optional Protocol web page
at:  http://www.nwjc.org.au/current/optionalprotocol.htm    On 29 August
2000 the Minister for Foreign Affairs, Attorney-General and Minister for
Immigration and Multicultural Affairs issued a joint press release titled:
Improving the Effectiviness of United Nations Committees. The press release
read in part:

"Cabinet decided Australia's strategic engagement with the treaty committee
system should be dependent on the extent to which effective reform occurs.
In pursuit of reform the Government will take the following measures:
...............Australia will immediately implement a package of measures
to improve our continued interaction with UN human rights treaty
committees, including the following:
.........
(d)Australia will not sign or ratify the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) which establishes a new complaints procedure."

When making their decision to reduce engagement with the human rights and
refugee systems of the UN, the Cabinet received advice that if they decided
NOT to ratify the
Optional Protocol to CEDAW there would be a tremendous backlash from the
community. Now you can be part of this backlash!!

Below is a one page letter which will be sent to the Prime Minister, with
copies to the Attorney-General, the Foreign Minister, the Immigration
Minister and the Minister for
the Status of Women. It covers the two areas the government identified -
human rights and refugees. Please sign, either as an individual or on
behalf of an organisation, or both!

And at the recent Millennium Assembly, the Optional Protocol to CEDAW got
to 9 ratifications, so is now one shy of entry into force, which means
Australia is well and truly out of step with supporters of women's human
rights.

We will present these to the Prime Minister of Thursday 5 October, the eve
of the one year anniversary of the adoption of the Optional Protocol to
CEDAW by the General
Assembly of the United Nations.  Please forward this message to friends and
colleagues.


-------------------------THE LETTER------------>

Dear Prime Minister,

Review of Australia s Participation in the Human Rights Treaty System and
International Protection System

On behalf of x organisations and x individual women and men, we are writing
to express our profound disappointment at the measures the Coalition
Government announced
on 29 August.

Australia had enjoyed a strong reputation as a nation committed to the
progressive development of human rights and refugee protection,
particularly by participating fully
and effectively in the treaty monitoring system, and in the development of
new human rights standards. We are deeply concerned that the Cabinet
decision undermines this
reputation.

With respect to the decision not to ratify the Optional Protocol to CEDAW,
the decision has the effect of aligning Australia with countries whose
human rights records we have criticised in the past, for example, Malaysia
has also not ratified the Optional Protocol. The international support for
the OP to CEDAW has been demonstrated at the recent Millennium Summit where
an additional five states ratified the OP to CEDAW taking the total to 9
ratifications, with a total of 57 signatories. This means that within one
year of adoption, one third of all states parties have given notice of
their intention to ratify CEDAW, a precedent setting achievement. We
strongly urge you to reconsider the decision not to ratify the OP to CEDAW.

While we acknowledge the imperative for reform of the human rights treaty
system, particularly to ensure that adequate levels of funding are directed
to the Office of the
High Commissioner for Human Rights, we are not convinced that restricting
our participation in the human rights and refugee systems provides us with
the greatest opportunities to achieve reform. It is an unusual move to
remove oneself from the systems one seeks to reform.

As I am sure you aware, there are many governments around the world who
systematically oppose NGO participation in the UN, or indeed at a domestic
level. We are concerned that the text of the announcement seeks to
undermine the legitimate role of NGOs at the UN, and also queries their
legitimate role as a member of civil society in providing alternative
perspectives on domestic human rights issues. We would therefore welcome an
affirmation by the Government of the importance of ensuring the
participation of a vibrant, autonomous civil sector in the international
and domestic arenas.

For many refugee women, the failure of the Refugee Convention and its
protocol to identify gender as a ground for a well founded fear of
persecution has made the process of acquiring refugee status exceedingly
difficult. We would be tremendously concerned if the Government were to
move to redefine international developments in the interpretation of the
Convention and its Protocol, both with respect to gender, and more
generally in other areas.

We note that the measures announced Tuesday 29 August, do not elaborate on
how the Government will seek to implement their reform package, nor how it
will measure when appropriate reform has been achieved. We would welcome a
commitment on the part of your Government to developing transparent
indicators of success, and to communicating regularly with the NGO sector
on establishing these indicators, and on progress to achieving them.

We would like to suggest that the Cabinet consider reviewing this decision
on an annual basis, and perhaps adopting progressive success measures which
will see Australia re-entering the human rights and protection systems
within an appropriate time frame.

One such measure might be to agree to the scheduled visit in October of the
Special Rapporteur on Racism. With the eyes of the world on Australia at
the time of the
Olympics it is indeed unfortunate that the Government is seen as unwilling
to receive international advice on measures to address the discrimination
experienced by
indigenous Australians. We strongly urge you to affirm to the global
community your commitment to the promotion of universal human rights by
approving this visit.

Regardless of these suggestions, we must reiterate that we are extremely
disappointed by the decision of the Cabinet and do not condone the reform
measures you have adopted.

Yours sincerely,
Women's Rights Action Network Australia, http://www.nwjc.org.au/wrana

------------------------------------------->

ENDORSEMENT FORM   - copy this page and return it by email or print the
page and return it by fax.

I,
............................................................................
................................................[name and position] of

............................................................................
................................................ [organisation if applicable]

address
............................................................................
................................................

State/Territory .......................

P'code ................... Ph (         )                           Fax
(         )

Email:

endorse the letter by the Women's Rights Action Network (Review of
Australia s Participation in the Human Rights Treaty System and
International Protection System) above as:

tick as appropriate:  (   ) an individual    (    ) on behalf of my
organisation. You may endorse in both capacities.

Signed .................................................. on [date]
......................................

Please email the completed form by 29 September to:
[EMAIL PROTECTED]  or fax to 03 9347 2392  Phone contact for inquiries:
Susan Brennan ph: 03 9225 8941 or Di Otto ph: 03 9344 4063


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