Editorial

This editorial introduces a journal devoted to the issues surrounding women and their rights. As the development debate moves from women's need to their rights and to an understanding of the cultural roots of legal systems and the effects of the mass media in presenting alternative life styles as possibilities, the immense implications of using rights-based language in development emerge. This debate moves women from being the recipients of welfare to a state of empowerment. Women must be afforded individual rights which are linked to community rights. In addition, rights must be granted to women in their public and private domains. The dangers of using a rights-based language to assert women's claims to economic, political, and social equality in economic, political, and social life arise from the reality that the social position of men will usually place men at an advantage with the law. Legal processes which stress dichotomies may fail to improve real social situations. Also, the language of human rights may pit one set of rights (a woman's right to choose abortion) against another (the fetuses' right to live) to women's disadvantage. Areas governed by both customary and civil law pose other difficulties, especially since they require women to understand the law in order to use it. Development efforts which stress rights hope to meet immediate needs and to achieve a strategic end. Nongovernmental organizations can play an important role in asserting and enforcing the freedom of individuals and groups within groups. They can also build capacity at all levels of society and explore linkages between women's economic participation, decision-making within the home, and wider political participation.     

Women in Bangladesh:

Women's lives in Bangladesh are governed by a combination of religious, customary and secular law, as well as social class. In customary practice, the interaction of Islam and Hiduism in southern Asia has resulted in the adoption of the most restrictive aspects of each religion with respect to the status of women. Secular law formally recognizes equal rights for women, but undermines this recognition by special provisions which treat women as dependent legal entities. But whereas poor, rural women have few opportunities for change, middle- and upper-class women are beginning to emerge, in small but significant ways, from traditional roles.     

Religious Freedoms versus Gender Equality: Faith-Based Organizations, Muslim Minorities, and Islamic Headscarves in the New Europe

The intersections of gender and civil society in the formersocialist countries of Eastern Europe have been examined primarilythrough the lens of Western Aid to support feminist nongovernmentalorganizations (NGOs). What has received less scholarly attentionis the growing number of NGOs advocating for a return to moreconservative gender roles and more restricted public roles forwomen. Many of these organizations are so-called "faith-based"organizations (FBOs), and are bound to particular religiousdenominations. In this article, I will examine the presenceof Islamic FBOs in Bulgaria and how they mobilize a liberal"rights" discourse to justify practices that could be locallyinterpreted as being oppressive to women. Their insistence onguaranteeing women's "right to choose" certain religious practicesputs feminists and women's NGOs in an increasingly difficultposition.     

From 'cage beds' to inclusion: the long road for individuals with intellectual disability in the Czech Republic

In the Czech Republic, individuals with intellectual disabilities continue to be institutionalized in large, remote, state-run institutions and as a result are isolated from community interaction. Some practices associated with these institutions are coming to be seen as human rights violations. Although non-governmental organizations (NGOs) offer alternatives to institutionalization, demand for such services exceeds supply. Czech legal structure hinders NGO funding. Large state institutions continue to be built.     

The Role of Indigeneity NGOs in the Legal Recognition of Adat Communities and Customary Forests in Indonesia

The main assumption of indigeneity NGOs in Indonesia is that state recognition will strengthen indigenous peoples’ rights to their land and forests against ongoing or future dispossession. In Indonesia, legal recognition has become central to the approaches of indigeneity NGO campaigns, while the local realities and problems among indigenous communities seem to receive less attention. Has legal recognition of indigenous communities turned into a national NGO project that does not solve the communities’ land and forest-related problems? In this article, we compare two locations where communities have succeeded in obtaining state recognition. By focusing our analysis on the steps in the recognition process, from articulating community problems to eventually solving them, we show how indigeneity NGOs have had a dominant role, but achieved limited success. Instead of resulting in community autonomy and tenure security, the legal recognition process reproduces state territorialisation over customary forests and communities.     

Having the Last Word: Human Rights Reporting (Re)Imagined Through Critical Qualitative Methodology

Human rights monitoring and reporting have emerged as major practices of human rights lawyers and advocates in both non-governmental organizations and inter-governmental organizations. This reporting is a form of knowledge production, often geared towards advocacy on behalf of human rights protection but also seeking to provide an ‘objective’ report of some kind. NGOs and IGOs employ a range of methodologies, but these are rarely formalized and tend to rely more on general institutional reputation and credibility, as well as the professionalism of individual practitioners. Some scholars have recommended more formal, standardized methods and have raised the possibility of borrowing models from other contexts. This paper considers contributions that critical methodologists from the social sciences and related disciplines might offer to human rights practice, particularly human rights monitoring and reporting. Traditional methodological approaches in the social sciences and in law have been criticized, interrogated, and (re)developed in recent years from numerous perspectives, but it does not appear that these critical approaches have penetrated international legal work, especially human rights lawyering. This paper suggests that critical qualitative methodologies offer great opportunity to reconceptualize traditional approaches to method and practice in human rights work.     

Women's legal knowledge: a case study of Mexican urban dwellers

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.     

Interview. Maria Isabal Plata,executive director of Profamilia,talks to Caroline Sweetman about the work of the organisation in Colombia

In this interview, Maria Isabal Plata discusses the work of the nongovernmental organization Profamilia in Colombia. Since its founding in 1965, Profamilia has assumed direct and indirect responsibility for nearly 70% of family planning (FP) and reproductive health activities in the country. These activities are complemented by a legal service program, an evaluation and research program, and a documentation center. In Colombia, women gained equal rights under the law in 1974 and a constitutional prohibition on discrimination in 1991, but sex stereotypes still dictate responsibility for family chores. When women realize their economic and social rights, poverty and inequalities will diminish. Thus, it is crucial to safeguard reproductive and sexual rights and ban violence against women. The traditional concept of family forces a disregard for the rights of family members and allows societies to oppose the interests of women. The aftermath of the UN Fourth Women's Conference in Colombia will be to work towards achieving full citizenship for women and democratic societies. The experience women's groups had at the conference has created a situation in which grassroots organizations can consider beginning to work with development organizations to achieve some of these goals.     

Gender relations, "Hindu" nationalism,and NGO responses in India

This article explores the strategies employed by nongovernmental organizations (NGOs) to challenge the right wing nationalism that dominates Indian politics. The opposition of the NGOs to the current political climate has evolved a variety of strategies, depending on their links with northern NGOs or international organizations such as the UN, and their reliance on foreign funding. The organizations that have links with international NGO community primarily express their opposition through consciousness raising and networking strategies. Because NGOs activities at the national level have the potential to attract the attention and anger of nationalist actors, many choose to operate at local level for fear of harassment. Some get involved in initiatives such as direct-action campaigns which spring up when violence breaks out in a locality, or immediately afterwards. Another strategy being set up by NGOs is cooperative and cross-community initiatives to encourage as well as build on historic relationships of socioeconomic and political interdependence between Hindus and Muslims. These strategies seek to strengthen people's awareness of the distinction between personal spiritual beliefs, the true character of India's composite culture, and of the religious rhetoric being disseminated by nationalist for the purpose of securing political power. Although much effort has been exerted by these organizations, these strategies have limitations, which are discussed in this paper.     

The Role of NGOs in Strengthening the Foundations of South African Democracy

This paper assesses the contribution of South African nongovernmental organizations (NGOs) to the process of democratic consolidation. By drawing on a 1998 survey conducted among 270 NGOs, on several expert interviews, and on an analysis of the structures and programmes of the umbrella body of South African NGOs (Sangoco), the author presents a multi-faceted picture of the activities of the South African NGO sector. The focus is on the NGOs' role as (1) schools of democracy, (2) in bridging societal cleavages, and (3) in providing channels of interest representation for the most marginalized sections of the population. The paper concludes that the contribution of South African NGOs to the process of democratic consolidation is significant, but highly dependent on an enabling external environment.     

Violence against women: the international legal response

Violence against women has only recently become an international legal concern, because human rights law has been directed to protect men in their public lives. The failure of human rights law to protect women from gender-specific violence has occurred because much of the violence against women occurs in private and because cultural assumptions are used to justify the oppression of women. The silent nature of this violence has masked the reality of the international nature of the problem. Also, international law primarily regulates the behavior of states. Women have lobbied for recognition of the problem of violence against women within the UN agencies concerned with crime and those concerned with women's issues. It is illustrative of the marginalization of women's human rights issues that the international instrument which guarantees women's equality, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was not drafted through the Human Rights Commission. CEDAW's Recommendation 19 directs the attention of states towards the elimination of gender-based violence, but the participation of the 139 states which are party to CEDAW is limited by reservations the states have attached to their participation. Wider commitment to the eradication of violence against women has been sought using other UN bodies, and, in 1993, the Declaration and Programme of Action of the World Conference on Human Rights called for the integration of women's human rights into all UN human rights activities, the General Assembly adopted the Declaration on the Elimination of Violence Against Women, and the Security Council of the International Tribunal was established to prosecute offenses committed in the former Yugoslavia, including rape. In 1994, the UN appointed a Special Rapporteur on Violence Against Women to provide a continuing focus on gender violence. These calls for the recognition of the human rights of women and girls must be reinforced by the Fourth World Conference on Women. Such international instruments will not change women's lives alone, however. Improvement in the status of women will depend upon education, support services, and training of public officials. While working for social change, activists must also work to insure implementation of the instruments governments have adopted.     

Women's NGOs at UN Conferences: The 1992 Rio Conference on the Environment as a Watershed Event

SUMMARY

Before the UN Conference on Environment and Development (UNCED) was held in Brazil in 1992, the involvement of nongovernmental organizations (NGOs) in UN conferences was limited. NGOs participate in UN conferences in two ways, at a non-governmental forum usually convened simultaneously with an official UN conference, or as accredited observers to the official conference where government delegations meet and make decisions. Only 200 NGOs were granted access to the official portion of the Decade for Women Conference held in Nairobi in 1985, whereas 1,400 organizations were accredited to attend UNCED in Rio in 1992. And while only a small portion, about 5 percent, of those were women-oriented NGOs, they had a significant impact on the outcome. An entire chapter on women and environmental issues was added to the official conference document, and cross-cutting references to women were included throughout the document. This achievement reflects the work of several uniquely placed women, in and outside governments and the United Nations system, working together to build an international network of women and bring their voices to the table. Moreover, the techniques they developed have been used by women at every major UN conference held since 1992.     

Social Equality and the Mobilization of the Law

Sociolegal scholars refer to the invocation of law or rules during a dispute as the mobilization of law. Most studies of the mobilization of law focus on the mobilization of law by people in non‐official capacities, particularly by persons of relatively low social status or in positions of social disadvantage. Early studies debated the effectiveness of court‐centered strategies for social justice, examining whether real social change could be achieved through formal judicial means. Scholars now largely agree that law can be effectively mobilized for social change through both direct formal legal action and the indirect radiating effects of legal mobilization. This is because the influence of law goes beyond the courtroom; rights consciousness and legal mobilization help to transform culture and understandings of social status and power. Currently scholars are turning their attention to the mobilization of law within organizations such as schools and workplaces and the mobilization of rights talk and justice talk in unofficial arenas domestically and internationally.     

Paternalised Migrants,Policing and Political Economy: Highveld Colliery Strikes, 1925–49

The study of the terms and mode of application of African customary law in South Africa has generally been neglected both by lawyers and African Studies scholars. In the case of lawyers, there is little interest in a law potentially relevant to seventy per cent of the population ‐ where that seventy per cent is for the most part unable to pay lawyers’ fees (Suttner, 1974a: 189).

In the case of students of African studies, the segregated legal and judicial system may seem of marginal consequence, in the light of the more serious disabilities that people experience through more patently repressive laws, such as those regulating influx control, resettlement, banishment and so forth, let alone laws concerning directly political activities. It would nevertheless be wrong, I shall try to show, to dismiss this area as unimportant or innocuous.

This paper seeks to demonstrate how the special court and legal system set up to deal with civil cases between Africans, contributes ideologically, economically and socially’, to the national oppression of the African people.     

Travelling theory in China: contextualization,compromise and combination

In this article we explore the dissemination of human rights ideas in China through an ethnographic study of three women's organizations: the government's ‘letters and complaints’ department, the governmental NGO affiliated with it, and a legal aid centre; all are located in Beijing. We argue that there are two paths in China for the transmission of international human rights ideas – a government one and a non‐government one. The government path, featured as contextual and compromising, is rooted in socialist and collective values, and the governmental organizations we studied function squarely within the domestic legal framework and the concept of ‘women's rights and interests’. The non‐governmental path, by contrast, characterized by vernacularization, namely a combination of international ideas with local practice to promote legal reform in China, is the result of economic development and interactions with the international community. Both paths interact within their different spheres to further the development of women's rights.     

Politics of Identity and Identity Policies in Europe: The Case of Peruvian Immigrants in Spain

The indigenous quest for self-determination is an attempt to give voice to local injustice in a universal language, and to make claims to difference via a right that applies equally to all peoples. This article explores recent developments in the transnational indigenous movement's struggle for the right of self-determination by pointing out that this polyvalence-like the indeterminacies of the concepts of "peoples" and "indigenous"-is a productive one that enables indigenous activists to make a unique intervention in international law. Their work aims at creating a new international legal personality based on collective rather than individual rights, and on an understanding of "peoples" as self-determining entities not necessarily aspiring to statehood. This new understanding hinges, in turn, on an emerging perception of the capacity to culture as a general human right. This article addresses recent anthropological texts critical of the transnational indigenous movement to show that the "self" in self-determination as articulated by indigenous activists is not only not accounted for and not protected under current international legal regimes, but is also "a self" through which radical claims to culture and territory are being made.     

From basic needs to basic rights

After arriving at an understanding that basic rights refer to all human needs, it is clear that a recognition of the basic needs of female humans must precede the realization of their rights. The old Women in Development (WID) framework only understood women's needs from an androcentric perspective which was limited to practical interests. Instead, women's primary need is to be free from their subordination to men. Such an understanding places all of women's immediate needs in a new light. A human rights approach to development would see women not as beneficiaries but as people entitled to enjoy the benefits of development. Discussion of what equality before the law should mean to women began at the Third World Conference on Women in Nairobi where the issue of violence against women was first linked to development. While debate continues about the distinction between civil and political rights and economic, social, and cultural rights, the realities of women's lives do not permit such a distinction. The concept of the universality of human rights did not become codified until the UN proclaimed the Universal Declaration of Human Rights in 1948. The declaration has been criticized by feminists because the view of human rights it embodies has been too strongly influenced by a liberal Western philosophy which stresses individual rights and because it is ambiguous on the distinction between human rights and the rights of a citizen. The protection of rights afforded by the Declaration, however, should not be viewed as a final achievement but as an ongoing struggle. International conferences have led to an analysis of the human-rights approach to sustainable development which concludes that women continue to face the routine denial of their rights. Each human right must be redefined from the perspective of women's needs, which must also be redefined. Women must forego challenging the concept of the universality of human rights in order to overcome the argument of cultural and religious diversity which erodes women's rights. Women can, however, challenge the traditional patriarchal understanding of human rights, drawing on the energy contained in the "basic needs to basic rights" approach.     

Enforcing women's rights through law

Because women have to be equal partners in development to insure its sustainability, the human rights of women must be foremost on development agendas. Ratification of and adherence to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) would be a powerful international tool in this regard. In various countries, progress towards legalizing rights for women is passing through a first stage which focusses on the protection of specific rights to a second stage in which sex is included as a prohibited ground of discrimination to a third stage which addresses the pervasive and structural nature of the violation of women's rights. It is expected that governments will renew their commitment to the Women's Convention at the Fourth World Conference on Women (WCW) and, thus, take more seriously their obligations to report progress and remove reservations. Regional initiatives, such as the Organization of American States' 1994 Convention on the Prevention, Punishment, and Eradication of Violence Against Women, can also be used to protect women's rights, and the application of national constitutions and domestic laws remains the first line of defence for women. Particular attention must be paid to laws which apply to property rights, nationality, equality within the family, reproductive and other health issues, and violence against women. The Draft Plan of Action prepared for the WCW challenges states to specify their plans to eliminate discrimination. While this Plan may prove to lack vision, women's nongovernmental organizations are playing a major role in accelerating the movement of international and domestic law towards justice for women.     

The White Man's Burden: Ersatz Customary Law and internal pacification in South Africa1

Abstract In accounting for the recent popularity of ‘indigenous law’ studies in South Africa, this paper traces out the connections between establishment anthropology, the legal basis of the South African state and the application of native law. It details the structure, philosophical origins and scholarly justification for its practice and argues that in the exercise of Apartheid ‘customary law’ can best be seen as an instrument in the practice of what Giddens terms ‘internal pacification’.     

Defending Diversity,Sustaining Consensus: NGOs at the Beijing Women's Conference and Beyond

SUMMARY

This article discusses access to and involvement of non-governmental organizations (NGOs) in the United Nations Fourth World Conference on Women held in Beijing, China, in September 1995. It also looks at the impact on consensus-building of the growing diversity of NGOs participating in these global UN events and at the effect on the international women's movement of the frustrations and difficulties faced in the follow up to Beijing as agreements have been reopened or rolled back. In this climate, women activists and feminist analysts are questioning the future viability of the United Nations as a political space for women's organizing, and under conditions of rapid globalization, are increasingly divided on strategies for implementation and activism.