Background Information

The impact study is important to South Africa because of the contribution it will make to the advancement of women's Human Rights. This contribution and specifically its focus on Violence Against Women, are important concerns that need to be addressed. They need to be accounted for by the government for it is ultimately responsible for ensuring that women's Human Rights are upheld.

According to the guidelines as produced by the International Women's Rights Project, the CEDAW impact study has been designed to "measure the implementation, and lack thereof, of the UN human rights treaties - the cornerstone of the global rights legal system - by beginning with examining CEDAW." This creates tools for governments and NGOs alike to effectively address human rights issues. This study will "identify practical means to improve the reporting and monitoring processes relevant to member countries, treaty bodies and constituencies."

Masimanyane is interested in obtaining information on all aspects of women's human rights in relation to CEDAW. Coinciding with the project's agenda, Masimanyane does agree that it is "imperative that the treaty system become a meaningful bulwark for the rule of law and against the disintegration of the human rights legal framework. For this to happen, we must have more practical knowledge about what works and what doesn't work in the use of treaties, beginning with CEDAW."

Information submitted in the final report will be acknowledged. In addition, the data collected in this pilot study will be the foundation for making meaningful comparisons about the effectiveness of CEDAW.

Please emphasize the importance of this work. We require all information by Thursday, 5 November 1998.

Lesley Ann Foster
Executive Director of Masimanyane Women's Support Centre
Email: maswsc@iafrica.com

UN CEDAW Study: Questionnaire

1. Describe the problems / solutions for NGO's in the use of CEDAW, such as efforts and methods employed to remove country reservations, education needs, advocacy needs.

1. What was the motivation for ratification? How was this motivation communicated - by written announcement, media coverage, spoken statements (on record or unofficial). Please include dates, citations and clippings wherever possible.

2. Describe the steps taken in your country towards ratification.

3. Following ratification, how did you learn that your country had in fact ratified CEDAW? What follow-up measures were taken by the government, by others? Please describe as fully as possible.

1. What is the level of NGO participation in the preparation of state parties' reports?

2. Describe any NGO "shadow reports", including which NGO's were involved in their preparation. Please include a copy wherever possible.

3. Have NGO's received any guidelines and training on CEDAW? Who provided this? What have the results been?

4. What are the areas of information provided by NGO's that were included in the member country report to the UN? Was anything provided / excluded? Please describe and provide samples wherever possible.

1. Describe the use of / reference to CEDAW in: courts, media, constitutional and legislative initiatives, non-profit sector, or by advocates for development policy reform.

2. Are you aware of the CEDAW concluding comments in response to the country report(s)? Have the CEDAW Committee concluding comments been implemented? How? Please provide samples where ever possible.

3. Are there any other ways that CEDAW has been used, i.e. interpreting a point of public policy or administrative law?

4. Describe any conscious effort taken to incorporate CEDAW in domestic legislation as opposed to, for example, issuing the Convention to create clarity in domestic legislation / tool for statutory interpretation.

5. Describe Government / institutional arrangements in implementing CEDAW: Who / what are assigned as key implementers? What are the strengths / weaknesses of these arrangements?

6. Identify who / which category of people is using the Convention in any particular way, for what purposes?