Glenda Simms
LIKE MANY other significant obligations to women's rights, the ratification of the Inter-American Convention on The Prevention, Punishment, and Eradication of Violence Against Women by the Jamaican Government was reported in the "broom closet" of the local print media. This historical moment did not make any front page headlines. The headlines were reserved for the
criminals; the big-bellied, white-bearded Santa Claus; and the "bling bling" spaghetti straps and stiletto-heeled sandals of the women who make the social columns on a weekly basis.
While the local media, the Human Rights activists, the tired and transformed feminists, and the leaders of the so-called women's movement continue to gaze at their "silver studded navels", one very important step was taken for the women of our nation. Ambassador Gordon Shirley, our permanent representative to the Organisation of American States (OAS), ratified yet another international instrument to ensure the human rights of every Jamaican woman and girl.
This is the convention which was adopted at the 24th regular session of the General Assembly of the OAS, held in Brazil on June 9, 1994. Indeed, it took Jamaica eleven years to become the 32nd member of the OAS to ratify what is popularly referred to as the "Convention of Bolem Do Para."
Like all other women of the world, this writer believes in the common sense adage "better late than never".
HOLDING GOVERNMENT ACCOUNTABLE
So now that this important convention has been ratified, the women of Jamaica have the responsibility to hold governments of all political stripes and Prime Ministers of both genders accountable. Gone are the days when our government can take women for granted and ratify conventions that are never implemented.
This latest instrument has teeth and it affords women the right to take the government to the international arena to get the justice that is our inherent right as human beings. In ratifying this important convention, the Government of Jamaica has signalled to the world in general, and to the women of our nation in particular, that women's rights are human rights. Furthermore, they have affirmed that the violence which women experience in both the public and private spheres is a violation of the fundamental human rights of every woman. Such violations of the Jamaican womanhood not only erode the dignity of women, but are "a manifestation of the historically unequal power relations between women and men."
Now that the convention has been ratified, the Government of Jamaica should not be allowed to pay lip service to the protection and the articulated rights of women.
THE GOVERNMENT'S OBLIGATIONS
Under the terms of the 24 Articles of the Convention of Bolem Do Para, the Government is obligated by the terms of the Convention to ensure the following:
1. The education of all relevant individuals and agencies to understand and incorporate into their mandates the definition of violence against women as "any act or conduct based on gender, which causes death, physical, sexual, psychological harm or suffering to women, whether in the public or private spheres."
2. Ensure that all sectors of the population realise that violence against women includes rape, battery, sexual abuse, torture, trafficking of persons, forced prostitution and kidnapping.
3. The guarantee that all public and private employers, educa-tional institutions, and health facilities will be held responsible for all incidences of sexual harassment in the workplace.
4. Ensuring that the rights of every woman (rich, poor, old, young, disabled, able-bodied, lesbians, straight, uptowners and downtowners, etc.) are protected.
THESE RIGHTS INCLUDE:
* The right to have her life, her physical, mental and moral integrity respected.
* The right to personal liberty and security.
* The right not to be subjected to any form of torture.
* The right to have her family protected.
* The right to equal protection before and of the law; prompt recourse to a competent court; the right to free association, and the practice of her religion (Christian, Muslim, Rasta, the worship of the Goddess and all variations on the theme).
5. The creation of a social, economic and political environment in which every woman has "the right to have equal access to the public services of her country and to take part in the conduct of public affairs, including decision making. (This should mean the right to become Prime Minister, Governor-General, Commissioner of Police, The Governor of the Bank of Jamaica, and the Head of all religious denominations.)
6. Revisiting the nature and quality of the formal education system to ensure that women are "educated free of stereotyped patterns of behaviour and social and cultural practices based on concepts of inferiority or subordination." (This means that schools in which little black girls are made to feel uncomfortable about the colour of their skin, the texture of their hair, the unsuitability of their home addresses, and their family constellation must be charged with the violation of the fundamental human rights of every Jamaican woman.)
Article 7 of the "Convention of Bolem Do Para", clearly outlines measures that all signatories to the Convention must put in place. (To its credit, the Government of Jamaica has in place the legal framework and relevant pieces of legislation that conform to this article.)
It is Article 8 that will challenge the Government's commitment to that which it ratified.
WHAT THIS ARTICLE DOES
This article commits the Government of Jamaica to take special measures to achieve the following:
The promotion of awareness and the "observance of the right of women to be free from violence, and the right of women to have their human rights respected and protected".
The modification of the social and cultural patterns of men and women "including the development of formal and informal educational programmes ... to counteract prejudices, customs and all other practices which are based on the idea of the infe-
riority or superiority of either of the sexes or on stereotyped roles of men and women which legitimise or exacerbate violence against women."
The provision of "specialised services for women who have been subjected to violence ... including shelters, counselling services for all family members where appropriate, and care and custody of the affected children." (This means that the country cannot expect an under-funded and stretched NGO to be responsible for services provided for women. The Convention of Bolem Do Para commits the Government of Jamaica to provide shelters and services in every geographical region where women get boxed down; kicked down; raped; carnally abused; verbally and psychologically tortured by innuendos, curse words and the culturally sanctioned indignities to which Jamaican women and girls are exposed on a daily basis.
The strength of the Convention lies in the provision that individuals and groups can challenge the Government of Jamaica in formal international arenas. Article 12 of the Convention states, "Any person or group of persons or any nongovernmental entity legally recognised in one or more member states of the Organisation, may lodge petitions with the Inter-American Commission on Human Rights containing denunciations of complaints of violations of Article 7 of this Convention by a State Party."
So "Christmas comes but once a year" and in 2005, just around Christmas time, Jamaican women found a package hidden under the cashew tree. They now need to unwrap the package and ensure that the contents provide the daily and yearly dose of human rights and justice for all women. Indeed, women's rights are human rights and the agenda of all those who purport to defend human rights should now be totally swamped with actions in the defence of women. It is about time!
Dr. Glenda P. Simms is a Gender Expert and Consultant
