On this International Women’s Day, we highlight the Convention on the Elimination of All from of Discrimination Against Women (CEDAW), and its committee’s adoption of General Recommendation No. 39 (GR39) for Indigenous Women and Girls.
CEDAW, also known as the International Bill of Rights for Women, was adopted in 1979 by the UN General Assembly, and explicitly acknowledges that “extensive discrimination against women continues to exist”, and emphasises that such discrimination “violates the principles of equality of rights and respect for human dignity”.
The Convention was ratified by Guyana on 17 July 1980. It defines what constitutes all forms of discrimination against women, and sets up an agenda for national action to end such discrimination.
CEDAW is an international treaty ratified by Guyana that promotes gender equality. It obliges the government to eliminate discrimination against women in all areas, including education, employment, health, and political participation. For Indigenous women, this includes addressing intersectional issues of gender and ethnicity to ensure full access to rights and services. Importantly, unlike other human rights treaties, the Convention is also concerned with the dimension of human reproduction as well as with the impact of cultural factors on gender relations.
The three foundational principles of the CEDAW are:
- Non-discrimination: State parties to the Convention must eliminate all forms of discrimination against women in all spheres of public and private life. This means any kind of discrimination based on sex, marital status, family status, race, colour, language, religion, political or other opinion, national or social origin, property, birth or other status should be eliminated, and this is the obligation of the States.
- State Obligations: State parties to the Convention have a legal obligation to respect, protect and fulfil women’s rights. This means that State parties should not violate women’s rights, create enabling conditions for the protection of women’s rights, and take positive steps to ensure their protection.
- Substantive Equality: The Convention aims to ensure substantive equality between women and men. This means that women should have equal opportunities in all areas of life and equality in results. Special measures such as reservation and affirmative action may be made to eliminate historical and social discrimination, marginalisation and inequalities faced by women.
Meanwhile, General Recommendation No. 39 was issued and adopted by the CEDAW Committee in October 2022. It marks a historic and transformative step in the recognition of the rights of Indigenous Women and Girls. For the first time, an international human rights instrument comprehensively acknowledges the distinct identities, histories, and experiences of Indigenous Women and Girls, and the systemic discrimination they face not only as women, but also as Indigenous peoples. This milestone is the result of many years of tireless efforts, advocacy, and strategic engagement by generations of Indigenous Women, elders, youths, knowledge holders and grassroots defenders at local, national, and international levels.
Indigenous Women carry a deep and enduring connection to our lands, cultures, and communities. Yet, across the globe, these rights continue to be undermined by colonial legacies, structural inequality, gender-based violence, and the denial of our collective rights. GR39 affirms that these realities must not be ignored. It provides a powerful framework for States to uphold their obligations to respect, protect, and fulfil the rights of Indigenous Women and girls, rooted in Indigenous identities, knowledge systems, and lived realities. GR39 is more than a legal framework; it is a political and cultural declaration of the dignity, resilience, and leadership of Indigenous Women. It calls for systemic change and reaffirms the holistic nature of our rights in all spheres of life.
The APA believes that GR39 is a path towards strengthening Indigenous Women’s solidarity, unity, and collective power in Guyana and globally. GR39, in tandem with CEDAW and the Constitution, is a tool that deepens Indigenous Women’s roles in galvanising national action to promote and protect our rights in the struggle for justice, equality, and self-determination among our people.
For more information:
General Recommendation No. 39 (2022) on the Rights of Indigenous Women and Girls https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-recommendation-no39-2022-rights-indigeneous
Guide to CEDAW’s General Recommendation No. 39 on the Rights of Indigenous Women and Girls GuideGR39-CEDAW_2025_ENG.pdf
A Brief Version of CEDAW General Recommendation No. 39 (2022) For Ensuring the Rights of Indigenous Women and Girls https://aippnet.org/wp-content/uploads/2025/04/CEDAW-General-Recommendation-No.-39-October-2024.pdf