CEDAW/C/GC/30
public or private actor, which extends to acts of national corporations operating
extraterritorially. That would include cases in which the activities of national
corporations in conflict-affected areas lead to women’s rights abuses and cases that
call for the establishment of accountability and oversight mechanisms for private
security and other contractors operating in conflict zones.
11. There may be cases in which States parties also have extraterritorial
obligations of international cooperation, as set out in international law, such as treaty
law on women with disabilities (art. 32 of the Convention on the Rights of Persons
with Disabilities), girls in armed conflict (art. 24 (4) of the Convention on the Rights
of the Child and the first two optional protocols thereto) and the non-discriminatory
enjoyment of economic, social and cultural rights (arts. 2 (1), 11 (1), 22 and 23 of the
International Covenant on Economic, Social and Cultural Rights). In such cases, the
extraterritorial application of the Convention requires States to comply with the
Convention in implementing those obligations.
12.
The Committee recommends that State parties:
(a) Apply the Convention and other international human rights instruments
and humanitarian law comprehensively in the exercise of territorial or
extraterritorial jurisdiction, whether acting individually or as members of
international or intergovernmental organizations or coalitions;
(b) Regulate the activities of all domestic non-State actors within their
effective control who operate extraterritorially, and ensure full respect of the
Convention by them;
(c) Respect, protect and fulfil the rights guaranteed by the Convention,
which applies extraterritorially, as occupying Power in situations of foreign
occupation.
B.
Application of the Convention to State and non-State actors
13. Women’s rights in conflict prevention, conflict and post-conflict processes are
affected by various actors, including States acting individually (for example, as the
State within whose borders the conflict arises, neighbouring States involved in the
regional dimensions of the conflict or States involved in unilateral cross-border
military manoeuvres), States acting as members of international or intergovernmental
organizations (for example, by contributing to international peacekeeping forces or as
donors giving money through international financial institutions to support peace
processes) and coalitions and non-State actors, such as armed groups, paramilitaries,
corporations, private military contractors, organized criminal groups and vigilantes. In
conflict and post-conflict contexts, State institutions are often weakened or certain
government functions may be performed by other Governments, intergovernmental
organizations or even non-State groups. The Committee stresses that, in such cases,
there may be simultaneous and complementary sets of obligations under the
Convention for a range of involved actors.
14. State responsibility under the Convention also arises if a non-State actor’s acts
or omission may be attributed to the State under international law. When a State
party is acting as a member of an international organization in conflict prevention,
conflict or post-conflict processes, the State party remains responsible for its
obligations under the Convention within its territory and extraterritorially and also
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