Documents and Videos of the October 12th, 1999 Meeting of the
SPECIAL COMMITTEE ON INTER-AMERICAN SUMMITS MANAGEMENT
Hall of the Americas, Organization of American States
Women
Presentation by Joan Caivano, Womens Leadership Conference
of the Americas, Inter-American Dialogue
Good morning. First, I would like to thank the Permanent Council for the historic
opportunity to address this body. I represent two nongovernmental
organizationsthe Inter-American Dialogue and the International Center for
Research on Womenwho co-sponsor the Womens Leadership Conference of
the Americas. The Leadership Conference is a network of 100 women leaders from
nineteen countries in North, Central and South America and the Caribbean. Members include
former presidents, prime ministers, business executives, women's rights activists, and
other non-governmental leaders. The group has three goals. (1) to expand the numbers and
enhance the contribution of women in top leadership positions in Latin America and the
Caribbean. (2) to promote policy and institutional changes that will improve opportunities
for all women. And (3) to strengthen other nongovernmental initiatives that advance
womens equality.
My presentation will open with a few words on the Summit process. Then I will briefly
outline where there has been progress on Summit commitments, and where work remains to be
done. I will start with a provocative question. Is there a cause and effect relationship
between the Summit process and the progress women have achieved? One could argue that such
progress would have occurred over time anyway, with the steady evolution of political,
social, and cultural realities. But my presentation will illustrate that factors other
than the Summits determine progress on these issues. These are the strength of
womens movements, the presence of women in positions of power, and the national
political context of each particular country.
The inclusion of women's concerns in the first two Summits was symbolically important.
But so far Summits have not produced strong government action. New laws have been passed
and new public policies adopted. Women's participation has increased at all levels. There
is more official attention to creating equal opportunities. Yet these policy initiatives
and institutions lack the political will and the resources to carry out their mandate.
But Summits can contribute to womens progress. They can help to strengthen
the capacity of womens movements to hold governments accountable. The heads of State
can do this by making their commitments more specific, concrete, and tied to measurable
results. In light of the limited accomplishments of the previous Summits, I would urge
governments to make this one different. Instead of general declarations of support for
women's advancement, or broad policy proposals, the presidents and prime ministers should
commit to concrete initiatives. These measure should advance the goals and fulfill the
commitments made at earlier Summits and other international meetings. They should set
forth procedures and mechanisms for implementing these initiatives and reporting progress.
And they should commit the necessary resources and infrastructure to carry them out.
My presentation draws from a report prepared for the WLCA Task Force on Monitoring by
Mala Htun of Harvard University. I have that study available here to distribute. I urge
you to refer to it for the statistics that support my argument.
Our report reviews the status of women in Latin America in six thematic areas:
political leadership, legal rights, domestic violence, health, economic opportunities, and
education. In the interests of time my oral presentation will cover only the first four of
these. These six areas correspond to the commitments made at the 1994 Summit of the
Americas in Miami and reinforced in 1998 in Santiago. These are also the priorities
established by the Womens Leadership Conference of the Americas. I will point out
some legal changes and policy initiatives that have succeeded in improving womens
position. I would urge governments to consider these initiatives as models for the types
of concrete commitments they should make in Quebec City in 2001.
Political Participation
Womens presence in power in Latin America and the Caribbean has increased since
the 1970s. But it still lags behind their gains in education, their contributions to the
workforce, and their participation at the middle and bottom of organizations.
It is likely that cultural changes produced by women's presence in the workforce will
help to erode discriminatory barriers. But this will happen only in the long term. To help
women gain access to power on an equal basis in the short and medium term, many Latin
American governments are experimenting with affirmative action policies.
The most popular of these are quota rules establishing a minimum level of
women's participation in elections. But no consensus exists that quotas are the best
policy tool. Furthermore, the effectiveness of quotas in helping women get elected depends
on other factors. These include the countrys electoral system and the support
political parties give to women candidates.
Another mechanism introduced by many governments are women's agencies. In most
countries these agencies propose legislation, advise other ministries on public policies
related to women, and serve as an advocate of womens interests within the state. The
success of these agencies depends on several factors: the personal interest of the
president and other senior leaders; a favorable relationship with other ministries; stable
budgets; and credibility with the organized womens movement. Without these
conditions, womens agencies are likely to be ineffective. They either become ghettos
that isolate womens issues away from the mainstream of state action. Or they become
instruments to promote the interests of the ruling party and not of women.
Congressional commissions on women have also been established. The structures
and powers of these commissions vary, though. In Brazil, for example, a commission was
created to study legislative implementation of the Beijing Platform for Action. But it has
no other powers. The Peruvian Commission, on the other hand, is a regular commission with
powers to propose legislation. It has sponsored four successful laws promoting
womens interests, including the quota law of 1997.
At the local level, there are an increasing number of women's agencies in state and
municipal governments. One notable example is the state of S�o Paulo's Council on the
Condition of Women. This body promoted new policy measures on violence and womens
health, and secured the approval of the Paulista Convention on the Elimination of All
Forms of Discrimination against Women.
Legal Rights
Latin American countries have made major advances toward legal equality in recent years
with respect to domestic violence, political participation, family law, and basic rights.
In legal codes, women have long enjoyed mandatory maternity leave and protection of
pregnancy.
The central problem with women's legal rights in Latin America, however, is not always
the lack of legislation and regulation. Rather, it is its uneven application. In
order for women's formal legal rights to be put into practice, three factors are
important. One, women must bring suits based on those rights into court. Two, lawyers must
base their arguments on women's rights. And three, judges must be sensitive to such
arguments.1
In the past in Latin America, these three factors were largely absent. Today, however, conditions
have changed. This is largely due to the effort of women's movements on two fronts.
One, to increase women's knowledge of their rights. And two, to train lawyers and judges
to be sensitive to gender prejudice. Women are also entering into the legal profession
in greater numbers. More than half of students enrolled in law school are women in many
countries. About 45% of trial court judges in the region are women. But this rate is not
duplicated at higher levels. Region-wide, women comprise only 20 percent of appeals court
judges. Women are virtually absent at the Supreme Court level.
Another mechanism being introduced by some governments are human rights ombudsman
offices. Fifteen Latin American countries have these. In six of them, there is a
specific institution charged with working with women.2 The "women's rights
ombudsman" agencies receive complaints about human rights violations, investigate
cases, work to train and sensitize judges and law enforcement personnel, and have
challenged the constitutionality of discriminatory laws in court.
Finally, binding international conventions have contributed to changing legal
culture in the region. The UN Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW) has been ratified by all but one of the OAS member
states (the United States). The Inter-American Convention to Prevent, Punish, and
Eradicate Violence against Women (Bel�m do Par�) has been ratified by all but six OAS
member states.
Other international documents such as the Beijing Platform for Action are
statements of principles. These are not binding on member states. But they may influence
jurisprudence if judges consider them to be "general principles of law." More
importantly, all of these international agreements serve as rallying forces for
womens movements seeking reform. They can be used as instruments to measure
governmental progress and hold governments accountable to their commitments.
Violence Against Women
Violence against women is an ancient problem. But it has emerged only recently on the
political agenda in Latin America. This is largely due to the efforts of womens
movements to call attention to the problem and demand government action. In the 1990s,
lobbying by womens groups and women in elected office has led to the adoption of
measures to address violence.
Twelve Latin American countries have adopted new laws on domestic violence.
Governments have established shelters, launched educational campaigns, and created centers
to counsel women victims and offer legal advice. They have created womens police
stations. Judges and prosecutors have increased powers to issue protective orders.
Inadequate resources, however, undermine this progress. Small budgets result in poor
enforcement of new laws and incomplete implementation of preventative and treatment
programs. Moreover, most efforts focus on urban areas, leaving rural women with little
recourse. In addition, despite an increase in the number of cases brought to court, the
number of prosecutions remains low.
One major obstacle to effective investigation and prosecution of domestic violence is
obtaining medical evidence. For many women, medical exams are problematic due to scarce
facilities, few female personnel at those facilities, and demeaning treatment.
Because of the unevenness of governmental action, NGOs have led efforts to combat
domestic violence. NGOs often implement programs that serve as models for governments.
This is an area where commitments by heads of state to implement and finance these
model NGO programs could make a difference.
Womens Health
The situation of womens basic health has improved in the region as a whole, but
there are still major gaps.
Womens access to pre-natal care and obstetric services has increased in most
countries. This is reflected in lower rates of maternal mortality since the 1970s,
although the variation among countries is substantial.
In some countries there have been alarming increases in rates of breast and cervical
cancer, heart disease, and AIDS. In general, the coverage and quality of health care
remains inadequate. Women suffer from the low frequency of screening for cervical cancer.
Although totally preventable if caught early, cervical cancer remains the greatest cause
of cancer death among women. There is also a high unmet demand for modern contraceptives
in the region.
Government-run family planning programs frequently have low coverage. So many women
have no access to safe and reliable contraception, or they self-medicate, without good
information and at some risk. As a result, illegal abortions are frequent, and many poor
women suffer complications due to dangerous and unsanitary conditions. Sterilization is
among the most widely used methods of family planning in Latin America, except in
countries like Argentina and Chile where it is illegal or access is restricted.
In Argentina and Chile, while better economic conditions have led to improvements in
womens health generally, there has been a severe lack of attention to reproductive
health. This has contributed to a high rate of abortions: in 1990, there were 4.5
abortions per 100 women in Chile, compared with 2.7 in the US, 2.3 in Mexico and 1.2 in
Canada. The widespread practice of abortion in Chile is in part a consequence of the
inadequate dissemination of information about contraception. In contrast, Mexico,
Colombia, and Brazil, the rate of abortion is lower. In these countries, the state has
assumed the responsibility for family planning and approved private suppliers of
contraceptives, the rate of abortion is lower.
In many countries, womens NGOs have begun to fill the gap left by inadequate
state action in family planning and womens health. [The Nicaraguan
non-governmental health clinic, SI Mujer, services 18,000 women clients in Managua.]
Many Latin American governments hesitate to take measures in the area of women's
reproductive health because of pressure from the Roman Catholic Church. Yet, the
consequences of this inaction are increasing problems for women's health.
Governments should commit to implementing or financing successful NGO models of service
provision in the areas of cancer screening, and access to information about, and methods
of contraception.
I refer you to the report for a review of women's economic and educational
opportunities.
Conclusion
In conclusion, this cursory overview suggests that womens rights and
opportunities are increasing in Latin America. Some progress is due to governmental
efforts in reforming laws, creating new mechanisms for the representation of womens
interests, and adopting gender-specific public policies. This has occurred mainly in the
areas of health and violence prevention. These advancements, however, have been brought
about only by steady pressure from women politicians, womens movements, and
international organizations.
In many cases, therefore, global discourse on womens rights and equal
opportunities has compelled governments to make commitments to women. In some important
cases, constant vigilance and monitoring by womens groups has succeeded in
translating formal goals and commitments into policy with concrete results for
womens lives. The convergence of international norms, formal commitments, increased
womens participation, democratic consolidation, and a more active civil society
provides an opportunity for women to make gains in the economy, society, and politics. A
central objective of the Womens Leadership Conference of the Americas is to
capitalize on this convergence. We consider this opportunity to address the Permanent
Councils Special Committee on Summit Management an important step toward
transforming this convergence into concrete progress for women. Thank you very much for
the invitation to share our views.
|