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CEDAW Subject of House Committee Hearing

The House International Relations Committee held a May 3 hearing to discuss international efforts to end discrimination against women, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Opening the hearing, Committee Chair Benjamin Gilman (R-NY) said, “This Committee has repeatedly reaffirmed its support for the rights of women,” adding: “The objectives of the Convention are laudable. Critics of the Convention have complained that it is overly broad, and I hope that our witnesses will dispel these concerns.”

CEDAW was adopted by the United Nations on December 18, 1979. Often referred to as the “international bill of rights for women,” the convention defines discrimination against women and provides an international framework by which countries can advance the status of women in all areas of society. Although President Carter signed the convention in 1980, the Senate has failed to ratify CEDAW. While there was an attempt in 1994 when the Senate Foreign Relations Committee approved the convention with four reservations, four understandings, and two declarations, CEDAW never reached the Senate floor. The reservations, understandings, and declarations were aimed at allaying concerns of CEDAW critics, including the concern that the convention would promote abortion worldwide.

Despite the inclusion of these reservations, CEDAW is currently being held up by Senate Foreign Relations Committee Chair Jesse Helms (R-NC), who opposes ratification. To date, 165 countries have ratified the convention.

Ranking Democrat Sam Gejdenson (D-CT) criticized the Senate, saying, “It is outrageous that the U.S. Senate has prevented the U.S. from becoming a signatory.”

Several members of the Congressional Caucus for Women’s Issues testified before the committee about the need to ratify CEDAW. Rep. Lynn Woolsey (D-CA), sponsor of a resolution (H. Res. 107) urging the Senate to ratify CEDAW, told the committee, “I am disappointed that the Senate’s inaction puts the U.S. in the company of such rogue nations as North Korea, Sudan, Somalia, and Iran.” She added, “While some critics feel the convention oversteps or makes radical recommendations, in fact, it has no enforcement measures, but instead creates a working framework for countries to utilize in their quest to promote women’s human rights.”

Opposing the convention, Rep. Chris Smith (R-NJ) stated that CEDAW “would ensure abortion on demand” and lead to the “globalization of legalized abortion,” adding: “Signing a treaty does not mean you are a leader in human rights. China and Burma have signed CEDAW.”

Addressing Rep. Smith’s concerns, Caucus Co-Chair Carolyn Maloney (D-NY) said, “CEDAW simply states that women should have the right to access to health care that includes family planning.” She noted that among the understandings approved in 1995 by the Senate Foreign Relations Committee was “the Helms’ understanding that nothing in CEDAW creates a right to abortion and [abortion] should not be promoted as a method of family planning as a precondition to ratification by the U.S.”

Rep. Connie Morella (R-MD) detailed “the affirmative steps we can take to help the world’s women, and their daughters, to overcome the effects of discrimination.” These steps include addressing HIV/AIDS and tuberculosis, improving girls’ access to education, and promoting gender integration and analysis of the U.S. Agency for International Development’s policies, programs, and projects, she said.

Theresa Loar of the President’s Interagency Council on Women detailed the administration’s initiatives, noting that “Secretary Albright has mandated that the advancement of the human rights of women be put into the mainstream of U.S. foreign policy.” Speaking specifically about CEDAW, Ms. Loar stated, “The Administration feels strongly that CEDAW must be ratified. Its ratification is an Administration priority,” adding: “In countries that have ratified CEDAW, women have used it as a vehicle for positive change. In Japan, for example, women have used CEDAW to work for stronger employment anti-discrimination laws. In Tanzania and Nepal, courts have relied on CEDAW to protect a woman’s right to own and transfer land.”

Additionally, Ms. Loar outlined the administration’s work on preventing international trafficking in women, promoting women’s political participation, implementing the Platform for Action from the United Nations Fourth World Conference on Women in Beijing, China, supporting international family planning, eradicating female genital mutilation, and addressing the needs of women and girls in Afghanistan.