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| BEIJING DECLARATION, LAWS & INSTRUMENTS: |
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| Beijing Declaration |
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NGO Forum, UN Fourth World Conference
on Women Huairou, Beijing, peoples Republic of China
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The Earth is our mother. From
her we get our life, and our ability to live. It
is our responsibility to care for our mother and
in caring for our mother, we care for ourselves.
Women, all females are a manifestation of Mother
Earth in human form.
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We, the daughters of Mother
Earth, the Indigenous women present at the NGO Forum
of the UN Fourth World Conference on Women in Beijing,
have come together to collectively decide what we
can do to bring about a world which we would like
our children and our children's children to live
in. We acknowledge and build upon earlier declarations
which evolved from earlier meetings and conferences,
like the 1990 Declaration of the Second International
Indigenous Women's Conference, the Kari-Oca Declaration
of 1992, and those of various regional conferences
of Indigenous women, and the consultations and conferences
done in preparation for this Beijing Conference.
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This declaration is drafted
in recognition of the existence of the UN Declaration
of the International Decade of the World's Indigenous
peoples, the Draft Declaration of the Rights of
the Indigenous peoples, the Convention on the Elimination
of All Forms of Discrimination Against Women, the
Nairobi Forward Looking Strategies for the Advancement
of Women, Agenda 21 and the Rio Declaration on Environment
and Development, the Cairo Declaration, and the
Copenhagen Social Summit Declaration. While we agree
with most of the provisions of ILO convention 169,
we cannot endorse a Convention which allows national
states to remove Indigenous peoples from their lands
with military force.
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We stand in unity behind this
"1995 Beijing Declaration of Indigenous Women"
which is the fruit of our collective efforts to
understand the world and our situation as Indigenous
women, critique the Draft Platform for Action, and
articulate our demands to the international community,
the governments, and the NGO's.
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We, the women of the original
peoples of the world have struggled actively to
defend our rights to self-determination and to our
territories which have been invaded and colonized
by powerful nations and interests. We have been
and are continuing to suffer from multiple oppressions;
as Indigenous peoples, as citizens of colonized
and neo-colonial countries, as women, and as members
of the poorer classes of society. In spite of this,
we have been and continue to protect, transmit,
and develop our Indigenous cosmovision, our science
and technologies, our arts and culture, and our
Indigenous socio-political economic systems, which
are in harmony with the natural laws of mother earth.
We still retain the ethical and esthetic values,
the knowledge and philosophy, the spirituality,
which conserves and nurtures Mother Earth. We are
persisting in our struggles for self-determination
and for our rights to our territories. This has
been shown in our tenacity and capacity to withstand
and survive the colonization happening in our lands
in the last 500 years.
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The "New World Order"
which is engineered by those who have abused and
raped Mother Earth, colonized, marginalized, and
discriminated against us, is being imposed on us
viciously. This is recolonization coming under the
name of globalization and trade liberalization.
The forces behind this are the rich industrialized
nation-states, their transnational corporations,
financial institutions which they control like the
World Bank, the International Monetary Fund, and
the World Trade Organization (WTO). They will cooperate
and compete among themselves to the last frontiers
of the world's natural resources located on our
lands and waters.
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The Final Agreement of the Uruguay
Round of the General Agreement on Tariffs and Trade
(GATT) and the establishment of the WTO has created
new instruments for the appropriation and privatization
of our community intellectual rights through the
introduction of the trade-related intellectual property
rights (TRIPS). This facilitates and legitimizes
the piracy of our biological, cultural and intellectual
resources, and heritage by transnational corporations.
Our Indigenous values and practice of sharing knowledge
among ourselves, and mutual exchange will become
things of the past because we are being forced to
play by the rules of the market.
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Bioprospecting, which is nothing
but the alienation of our invaluable intellectual
and cultural heritage through scientific collection
missions and ethnobotanical research, is another
feature of recolonization. After colonizing our
lands and appropriating our natural resources, they
are now appropriating our human genetic resources,
through the Human Genome Diversity Project. Their
bid for the patenting of life forms is the ultimate
colonization and commodification of everything we
hold sacred. It won't matter anymore that we will
disappear because we will be "immortalized"
as "isolates of historic interest" by
the Human Genome Diversity Project.
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It is an imperative for us,
as Indigenous peoples, to stand in their way, because
it means more ethnocide and genocide for us. It
will lead to the disappearance of the diverse biological
and cultural resources in this world which we have
sustained. It will cause the further erosion and
destruction of our Indigenous knowledge, spirituality,
and culture. It will exacerbate the conflicts occurring
on our lands and communities and our displacement
form our ancestral territories.
Critique
of the Beijing Draft Platform for Action
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The Beijing
Draft Platform for Action, unfortunately, is not
critical at all of the New World Order." It
does present a comprehensive list of issues confronting
women and an even longer list of actions which governments,
the UN and its agencies, multilateral financing
institutions, and NGO's should do. It identifies
"the persistent and increasing burden of poverty"
as the number one critical concern. It acknowledges
that "most of the goals of the Nairobi Forward
Looking Strategies...have not been achieved."
It also acknowledged that "in the past decade
the number of women living in poverty has increased
disproportionately to the number of men."
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However, it
does not acknowledge that this poverty is caused
by the same powerful nations and interests who have
colonized us and are continuing to recolonize, homogenize,
and impose their economic growth development model
and monocultures on us. It does not present a coherent
analysis of why is it that the goals of "equality,
development, and peace," becomes more elusive
to women each day in spite of three UN conferences
on women since 1975. While it refers to structural
adjustment programs (SAP), it only talks about mitigating
its negative impacts, not questioning the basic
framework undergirding SAPs. It even underscores
the importance of trade liberalization and access
to open and dynamic markets, which to us, pose the
biggest threat to our rights to our territories,
resources, intellectual and cultural heritage.
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The clear bias
of the New World Order for big industries, big agri-business
corporations, etc., has meant the decimation of
traditional livelihood and economic activities of
Indigenous peoples like hunting, food gathering
and harvesting, reindeer herding, subsistence agriculture,
fishing, small handicraft businesses, etc. The non-economic
activities of Indigenous women have been ignored
and rendered invisible, although these sustain the
existence of Indigenous peoples. Our dispossession
from our territorial land and water base, upon which
our existence and identity depends, must be addressed
as a key problem. The Platform is very vague on
this.
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The critical
areas of concern it has identified are also critical
for Indigenous women. While it correctly identifies
unequal access to education and health as areas
of concern, it does not question the basic Western
orientation of the prevailing education and health
systems. It does not reflect the fact that these
systems have perpetuated the discrimination against
Indigenous peoples. It also does not acknowledge
the role of Western media, education, and religion,
in eroding the cultural diversity which exists among
Indigenous peoples. These Western systems hasten
ethnocide. It does not give proper recognition and
importance to Indigenous health care systems and
the role of its practitioners.
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The violence
and sexual trafficking of Indigenous women and the
increasing numbers of Indigenous women becoming
labor exports, has been aggravated by the perpetuation
of an economic growth development model which is
export-oriented, import-dependent, and mired in
foreign debt. Military operations conducted on Indigenous
peoples lands use rape, sexual-slavery, and sexual
trafficking of Indigenous women, to further subjugate
Indigenous peoples. The development of tourism to
attract foreign capital has also led to the commodification
of Indigenous women and the dramatic increase in
the incidence of HIV/AIDS. This reality is not addressed
by the Platform. Domestic violence and the increasing
suicide rates among Indigenous women, especially
those who are in highly industrialized countries
are caused by psychological alienation and assimilationist
policies characteristic of these countries.
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While it talks
about the effects of persecution and armed conflict,
it does not acknowledge that many of these armed
conflicts are occurring on Indigenous peoples lands.
These armed conflicts are the result of the aggressive
actions of transnational corporations and governments
to appropriate the remaining resources on Indigenous
peoples territories despite the assertion of Indigenous
peoples to their right to control these resources.
It does not recognize that the resolution of armed
conflict, especially those happening on Indigenous
peoples lands, lies in the recognition of our rights
to self-determination and to our lands and waters.
The phrase "internally displaced" in the
text is bracketed, when in fact, this is the reality
for many Indigenous peoples all over the world.
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Its recommended
'strategic objectives' and actions focus on ensuring
women's equal access and full participation in decision-making,
equal status, equal pay, and integrating and mainstreaming
gender perspectives and analysis. These objectives
are hollow and meaningless if the inequality between
nations, races, classes, and genders, are not challenged
at the same time. Equal pay and equal status in
the so-called First World is made possible because
of the perpetuation of a development model which
is not only non-sustainable but causes the increasing
violation of the human rights of women, Indigenous
peoples, and nations elsewhere. The Platform's overemphasis
of gender discrimination and gender equality depoliticizes
the issues confronting Indigenous women.
Indigenous Women's Proposals
and Demands
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Within the context of our understanding
of our situation and our critique of the "New
World Order" and of the Beijing Draft Platform
for Action, we present the following demands.
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That all governments and international
non-governmental and governmental organizations
recognize the right of Indigenous peoples to self-determination,
and enshrine the historical, political, social,
cultural, economic, and religious rights of the
Indigenous peoples in their constitutions and legal
systems.
Recognize And Respect Our Rights To Self Determination.
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That the governments amend the
ILO Convention 169 to remove the section which allows
nations states to remove Indigenous peoples from
their lands through military force, and thereafter
ratify and implement it.
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That the 1994 Final Draft Declaration
on the Rights of Indigenous peoples be adopted and
ratified by governments without any revisions and
reservations. That the full participation of Indigenous
peoples in the open-ended working group of the Commission
of Human Rights to further elaborate on the draft
will be ensured.
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That the "s" in term
Indigenous 'peoples' be put in all United Nations
documents, declarations, and conventions. That,
hereafter, we will not be referred to as ethnic
minorities or cultural communities but as Indigenous
peoples.
Recognize And Respect Our
Right To Our Territories, And Right To Development,
Education, and Health
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We demand that the international
community and governments recognize and respect
our rights to our territories. This includes our
right to decide what to do with our lands and territories
and to develop in an integrated, sustainable way,
according to our own cosmovision.
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We urge the governments who
are opening up our territories to foreign investors
especially to mining corporations, to respect these
rights. Full disclosure of development projects
and investments to be put into our territories should
be done. We should be fully involved in making decisions
on these matters. Indigenous Peoples' lands which
have been ravaged by mining corporations, or which
have become dumping sites of toxic, radioactive
and hazardous wastes, should be rehabilitated by
the corporations or the governments which allowed
this devastation.
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That the governments, international
organizations and NGO's assume their responsibility
to alter their policies and allocate resources for
the inter-cultural and bilingual educational system
and the development of Indigenous health care systems
according to our cultural principles and cosmovision.
That books, audio and video materials, etc. be screened
and purged of discriminatory, racist, and sexist
content.
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That the governments implement
realistic policies which will solve the problem
of illiteracy among Indigenous and peasant women,
providing them access to inter-cultural and bilingual
education which respects Indigenous cosmologies,
promotes non-sexist formative education which puts
women and men in touch with the land.
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That the governments and international
community implement health policies which guarantee
accessible, appropriate, affordable, and quality
services for Indigenous peoples and which respect
and promote the reproductive health of Indigenous
women. That budget allocations to health and other
social services be increased to at least twenty
percent of the national budget and that a significant
amount of this goes to Indigenous peoples communities.
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That the Indigenous health care
systems and practices of Indigenous peoples be accorded
the proper recognition and respect and the roles
of Indigenous health practitioners and healers be
further enhanced.
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That the dumping of hazardous
drugs, chemicals, and contraceptives on Indigenous
peoples communities be stopped. We demand that coercive
family planning services, like mass sterilization
of Indigenous women and coercive abortion programs
be stopped. That population policies like transmigration
be condemned and halted.
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We demand that uranium mining
taking place in our lands and nuclear testing in
our territories and waters be stopped. If no uranium
mining is done then there will be no nuclear weapons,
nuclear reactors, and nuclear accidents.
Stop Human Rights Violations
And Violence Against Indigenous Women
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That the United Nations create
the necessary mechanisms to monitor the Indigenous
peoples situation especially those facing the threat
of extinction and human rights violations and to
stop these ethnocidal and genocidal practices.
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Call on all the Media and Communication
Systems to realize that Indigenous women refuse
to continue to be treated and considered as exotic,
decorative, sexual objects, or study-objects, but
instead to be recognized as human beings with their
own thinking and feeling capabilities and abilities
for personal development; spiritually, intellectually,
and materially.
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Demand for an investigation
of the reported cases of sexual slavery and the
rape of Indigenous women by the military men happening
in areas of armed conflict, such as those within
Karen territories in Burma, Chittagong Hill Tracts
in Bangladesh, etc. The perpetrators should be persecuted
and the survivors be provided justice and rehabilitation
and services.
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Demand for an investigation
of the forcible mass sterilization and anti-fertility
programs done among Indigenous women. Identify which
international and national agencies are responsible
for these and make them accountable.
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That all acts of discrimination
against Indigenous Women be considered and punished
as a crime.
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That the governments create
juridical and social instruments adequate to protect
women from domestic and state violence.
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That Indigenous customary laws
and justice systems which are supportive of women
victims of violence be recognized and reinforced.
That Indigenous laws, customs, and traditions which
are discriminatory to women be eradicated.
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That all internally displaced
Indigenous peoples be allowed to return to their
own communities and the necessary rehabilitation
and support services be provided to them.
Recognize And Respect Our
Rights To Our Intellectual And Cultural Heritage;
Our Rights To Control The Biological Diversity In
Our Territories
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We demand that our inalienable
rights to our intellectual and cultural heritage
be recognized and respected. We will resist all
processes seeking to destroy this heritage and alienate
our resources and knowledge from us.
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We demand that the western concept
and practice of intellectual property rights as
defined by the TRIPS in GATT, not be applied to
Indigenous peoples communities and territories.
We demand that the World Trade Organization recognize
our intellectual and cultural rights and not allow
the domain of private intellectual rights and corporate
monopolies to violate these.
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We call for a stop to the patenting
of all life forms. This to us, is the ultimate commodification
of life which we hold sacred.
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We demand that the Human Genome
Diversity Project be condemned and stopped. Those
responsible for this project should be asked to
make an accounting of all the genetic collections
they have taken from Indigenous peoples and have
these returned to the owners of these genes. The
applications for patents to these genetic materials
should be stopped and no applications, thereafter,
should be accepted and processed. Indigenous peoples
should be invited to participate in the ongoing
discussions in UNESCO on the bioethics of the Human
Genome.
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We demand that governments at
the local, regional, and national levels, recognize
our intellectual community rights and support us
in our defense of these rights, an obligation which
they have undertaken as Parties to the Biodiversity
Convention.
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We will continue to freely use
our biodiversity for meeting our local needs, while
ensuring that the biodiversity base of our local
economies will not be eroded. We will revitalize
and rejuvenate our biological and cultural heritage
and continue to be the guardians and custodians
of our knowledge and biodiversity.
Ensure Political Participation
Of Indigenous Women And Enhance Their Capabilities
And Access To Resources
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We demand equal political participation
in the Indigenous and modern structures of socio-political
structures and systems at all levels.
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We will dialogue with non-Indigenous
women's organizations and formations to implement
a realistic plan of solidarity with us.
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We ask that NGO's that work
with Indigenous women be guided by principles of
mutual respect and promote the full participation
of Indigenous women in action and in articulating
issues regarding Indigenous women and Indigenous
peoples.
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Call on the funding agencies
and donor agencies that support and promote women's
organizations and programs, to share space and financial
resources in order to promote the development of
Indigenous women.
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We will work towards reinforcing
our own organizations, enhancing communications
between us, and gain the space that is rightfully
ours, as members of specific identities (nations
and cultures) within the Decade of Indigenous peoples
and other institutions that represent governmental
and non-governmental organizations.
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We will work towards the holding
of an International Conference of Indigenous Women
which will be held as part of the celebration of
the International Decade of the World's Indigenous
peoples.
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We give our sincere thanks to
the Chinese Organizing Committee and the Chinese
people for their efforts in hosting and providing
hospitality to us.
Approved
And Signed On 7 September 1995 At The Indigenous
Women's Tent, Huairou, Beijing, China.
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Declaration on the Protection
of Women and Children in Emergency and Armed Conflict,
Proclaimed by General Assembly resolution 3318(XXIX) of
14 December 1974
The General Assembly,
Having considered the recommendation of the Economic and
Social Council contained in its resolution 1861 (LVI)
of 16 May 1974, |
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Expressing its deep concern
over the sufferings of women and children belonging
to the civilian population who in periods of emergency
and armed conflict in the struggle for peace, self-determination,
national liberation and independence are too often
the victims of inhuman acts and consequently suffer
serious harm,
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Aware of the suffering of women
and children in many areas of the world, especially
in those areas subject to suppression, aggression,
colonialism, racism, alien domination and foreign
subjugation,
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Deeply concerned by the fact
that, despite general and unequivocal condemnation,
colonialism, racism and alien and foreign domination
continue to subject many peoples under their yoke,
cruelly suppressing the national liberation movements
and inflicting heavy losses and incalculable sufferings
on the populations under their domination, including
women and children,
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Deploring the fact that grave
attacks are still being made on fundamental freedoms
and the dignity of the human person and that colonial
and racist foreign domination Powers continue to
violate international humanitarian law,
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Recalling the relevant provisions
contained in the instruments of international humanitarian
law relative to the protection of women and children
in time of peace and war,
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Recalling, among other important
documents, its resolutions 2444 (XXIII) of 19 December
1968, 2597 (XXIV) of 16 December 1969 and 2674 (XXV)
and 2675 (XXV) of 9 December 1970, on respect for
human rights and on basic principles for the protection
of civilian populations in armed conflicts, as well
as Economic and Social Council resolution 1515 (XLVIII)
of 28 May 1970 in which the Council requested the
General Assembly to consider the possibility of
drafting a declaration on the protection of women
and children in emergency or wartime,
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Conscious of its responsibility
for the destiny of the rising generation and for
the destiny of mothers, who play an important role
in society, in the family and particularly in the
upbringing of children, Bearing
in mind the need to provide special protection of
women and children belonging to the civilian population,
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Solemnly proclaims this Declaration
on the Protection of Women and Children in Emergency
and Armed Conflict and calls for the strict observance
of the Declaration by all Member States:
- Attacks
and bombings on the civilian population, inflicting
incalculable suffering, especially on women and children,
who are the most vulnerable members of the population,
shall be prohibited, and such acts shall be condemned.
- The use of chemical and bacteriological
weapons in the course of military operations constitutes
one of the most flagrant violations of the Geneva
Protocol of 1925, the Geneva Conventions of 1949 and
the principles of international humanitarian law and
inflicts heavy losses on civilian populations, including
defenceless women and children, and shall be severely
condemned.
- All States shall abide fully by
their obligations under the Geneva Protocol of 1925
and the Geneva Conventions of 1949, as well as other
instruments of international law relative to respect
for human rights in armed conflicts, which offer important
guarantees for the protection of women and children.
- All efforts shall be made by States
involved in armed conflicts, military operations in
foreign territories or military operations in territories
still under colonial domination to spare women and
children from the ravages of war. All the necessary
steps shall be taken to ensure the prohibition of
measures such as persecution, torture, punitive measures,
degrading treatment and violence, particularly against
that part of the civilian population that consists
of women and children.
- All forms of repression and cruel
and inhuman treatment of women and children, including
imprisonment, torture, shooting, mass arrests, collective
punishment, destruction of dwellings and forcible
eviction, committed by belligerents in the course
of military operations or in occupied territories
shall be considered criminal.
- Women and children belonging
to the civilian population and finding themselves
in circumstances of emergency and armed conflict in
the struggle for peace, self-determination, national
liberation and independence, or who live in occupied
territories, shall not be deprived of shelter, food,
medical aid or other inalienable rights, in accordance
with the provisions of the Universal Declaration of
Human Rights, the International Covenant on Civil
and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Declaration
of the Rights of the Child or other instruments of
international law.
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