The SAARC Due Diligence Panel deliberates on the establishment of a South Asian Association for Regional Cooperation (SAARC) Due Diligence Mechanism, similar to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) Committee, headquartered in New Delhi. The issue of gender-based violence (GBV) is endemic to the subcontinent with women lacking an effective redressal mechanism. Frequently the jurisdiction of crimes of GBV are lumped together with other jurisdictions like family law and property issues. This lack of a specialized mechanism results in diluted and inefficacious solutions. The Due Diligence Obligation (DDO) to the CEDAW clearly states that states have a duty to prevent, prosecute and punish all forms of violence against women.
The SAARC Due Diligence Mechanism is intended to effectuate India’s compliance obligations under the CEDAW. Arguably India has advanced a Declaration to its CEDAW obligations in respect of safeguarding its Personal Status Laws. This raises a number of key questions. How will this impact the issue of GBV under the Mechanism? What will establishing a SAARC Due Diligence Mechanism entail for peace in the region? Arguably the relationship between India and Pakistan is characterized by Hobbesian anarchy and warfare? Does this situation make international law fundamentally incompatible in the region? Can the endemic anarchy not be replaced by a gendered peace? Is it possible to open a new channel of gendered diplomatic communication that supersedes the situation of Hobbesian anarchy? Can we present a cogent case to the Government of India to undertake this measure to subvert the situation of terrorism in the subcontinent?
The Indian Society for International Law are currently accepting expressions of interest for its panel at its Conference on 25-27 October 2024 on the promulgation of a SAARC Due Diligence Mechanism, which will submit recommendations to the Government of India. Expression of interests should be submitted before 1 October 2024 to Shritha Vasudevan at [email protected] or +91 800 8554370.