Committee on Elimination of

Discrimination against Women

905th Meeting (PM)

women’s anti-discrimination committee concludes forty-fourth session;

 

adopts provisional agenda for next session in geneva

 

Wrapping up the forty-fourth session of the Committee on the Elimination of Discrimination against Women this afternoon, Committee Chairperson Naela Gabr, expert from Egypt, noted that the Committee had adopted decisions on three cases under the Optional Protocol to the Convention on the Elimination of Discrimination against Women and it had continued discussions on the draft general recommendation on article 2 of the Convention related to policy measures.

The Committee today also adopted the draft report of its three-week session, introduced by Committee Rapporteur Violeta Neubauer, expert from Slovenia, as well as concluding observations and recommendations on the 11 States parties whose periodic reports were considered during the meetings:  Azerbaijan, Bhutan, Denmark, Guinea-Bissau, Japan, Lao People’s Democratic Republic, Liberia, Spain, Switzerland, Timor-Leste and Tuvalu.  Further, it adopted the draft report of the Working Group of the Whole on the Committee’s action on implementing article 21 of the Convention and on ways and means of expediting its work, and it adopted the provisional agenda for its forty-fifth session scheduled for 18 January to 5 February 2010 in Geneva.

Ms. Gabr said the session was marked by a heavy work load, and presentations by four States parties that had submitted their initial reports after very long delays.  The Committee had also adopted new work methods on the procedure for following up its concluding observations and it met with non-governmental organizations and United Nations entities to discuss background papers on general recommendations on older women and on the economic consequences of marriage and its dissolution.  It also reflected on ways to celebrate the thirtieth anniversary of the Convention and the tenth anniversary of the Optional Protocol next year, and continued its work on papers concerning the Committee’s relationship with parliaments and non-governmental organizations.

Jessica Neuwirth, Director of the Office of the High Commissioner for Human Rights New York Office, also spoke, thanking the Committee for its work during the session.

The Committee, which monitors State parties’ compliance with the Convention, comprises 23 experts acting in their personal capacities. 

Committee on Elimination of                                

 Discrimination against Women                              

899th & 900th Meetings (AM & PM)

TIMOR-LESTE, IN FIRST REPORT ON COMPLIANCE WITH WOMEN’S ANTI-DISCRIMINATION
CONVENTION, PLEDGES TO INCLUDE ALL CITIZENS EQUALLY IN BUILDING FUTURE

Experts of the Committee on the Elimination of Discrimination against Women today recognized the recent legislative and policy efforts of Timor-Leste to improve the lot of women in the Southeast Asian island nation’s traditional patriarchal society, but expressed concern over continuing discriminatory practices in schools, the workplace and family life.

Presenting Timor-Leste’s initial periodic report on compliance with the Convention on the Elimination of all Forms of Discrimination against Women, Idelta Maria Rodrigues, Secretary of State for Promotion and Equality, said a male-dominated culture and years of conflict had hindered women’s livelihood and well-being.  But since gaining independence in 2002, the Government, with the support of the United Nations and development partners, had worked hard to promote women’s rights and empowerment.

Following ratification of the women’s Convention and its Optional Protocol in 2003, Timor-Leste’s Government had created a Penal Code with a gender perspective and provisions that criminalized domestic violence.  It had also set up gender focal points in Government Ministries, launched gender awareness campaigns in the national media, and signed a pact with civil society and religious organizations to develop gender-sensitive budgeting and a health policy, as well as partnerships for resource and knowledge sharing on gender equality. 

Article 17 of the Constitution guaranteed full equality between the sexes in all spheres of life, she said.  Moreover, slated for approval this year by the Council of Ministers was a draft law establishing equal land and property rights for men and women, as well as a bill to prevent domestic violence, protect victims and guarantee their legal rights through strong regulation and support centres.

While lauding those efforts, Committee experts expressed concern over low school enrolment and graduation rates among girls, particularly pregnant teens, as well as sexual harassment and intimidation by male teachers.  Girls, they said, needed a comfortable environment to learn and must be free from societal pressure to quit their studies if they got pregnant.  They asked why divorced women were expected to return to their parents’ home. 

Some experts were worried that women on average earned just one eighth of men’s pay and were often denied maternity leave or not allowed to return to work after taking leave, even though the law guaranteed those rights.  They encouraged Timor-Leste to ratify the International Labour Organization’s (ILO) conventions on equal pay, treatment and opportunity in the workplace.  Others felt that not enough was being done to protect girls and women from violence, prostitution and trafficking, as well as from forced labour.

Assuring the Committee that it was trying its hardest to fulfil its obligations and provide the necessary information, the delegation said that while Timor-Leste was a young country, it intended to include all its citizens equally in building its future.  To the series of questions about children and education, the delegation said it took time to change the age-old mentality condoning corporal punishment.  Work was under way meanwhile by the Secretary of State for the Promotion of Equality and the Education Ministry to end sexual harassment and violence against girls, particularly in remote areas, which had led many parents to remove their daughters from school.

The delegation confirmed that child labour was banned, and in June, the Government had ratified International Labour Organization Convention No. 182 on eliminating the worst forms.  Also, it had prepared a memorandum of understanding with the National University on information sharing and assistance to students interested in gender studies.  The Government had also launched intensive training programmes on gender issues for professors.   

To additional concerns about practices in the workplace, Ms. Rodrigues said women public servants had the right to take maternity leave and resume their positions without penalty, but the situation was uneven in other employment fields and had to be improved through awareness-raising and other measures.  The Government was working to educate women on how they could file complaints of sexual harassment that occurred on the job. 

Regarding domestic violence, the draft law on that would definitely pass soon in the Council of Ministers, and possibly by year’s end in the Parliament.  The national police had been trained to assist victims in the rural areas, and shelters had been set up in Dili, the capital, and in three other districts.  A study on trafficking and immigration of prostitutes would soon be conducted. 

 The Committee will meet again at 10 a.m., on Friday, 31 July, to consider the combined initial to sixth periodic report of Liberia.

Background

The Committee on the Elimination of Discrimination against Women met today to consider the initial periodic report of Timor-Leste (document CEDAW/C/TLS/1).

The Timor-Leste delegation was headed by Idelta Maria Rodrigues, Secretary of State for Promotion and Equality, and also included:  Nelson Santos, Permanent Representative of Timor-Leste to the United Nations; Armando da Costa, National Director for Gender and Development Policies, Secretariat of State for the Promotion of Equality (SEPI); Afonso Soares, National Director for Policy and Planning, Ministry of Education and Culture; Octavio Almeida, National Director for Policy and Planning, Ministry of Agriculture and Fisheries; Celito Cardoso, Policy Officer, National Directorate of Human Resources, Ministry of Justice; Isabel Gomes , Head, Maternal and Child Health Department, Ministry of Health; Sebastiana Barros, Assistant Policy Officer, Multilateral Division, Ministry of Foreign Affairs; and Sidonio Trindade Freitas, interpreter.    

Introduction of Report

Presenting the report, Ms. RODRIGUES said Timor-Leste’s social and cultural environment was based on a patriarchal system that had negatively impacted women’s lives.  Years of conflict had affected the livelihood and well-being of the country’s women.  Since the referendum that decided independence 10 years ago, Timor-Leste had undertaken many efforts, with the support of the United Nations and its development partners, to promote women’s rights and eliminate violence and discrimination against women.  It had created a legal framework that fostered stability and socio-economic development based on the principle of equality, including gender equality and respect for human rights and freedoms.  The Constitution’s article 17 guaranteed full equality between women and men in all spheres of life.  The country had ratified the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, without reservation, on 16 April 2003.

The current Government set up the Secretary of State for the Promotion of Equality (SEPI) in 2008, the main Government body responsible for creating, coordinating and assessing gender equality promotion policies as defined by the Council of Ministers, she said.  Its 2010-2015 Strategic Plan provided a clear direction for all stakeholders to build the Secretary of State’s institutional capacity, advocate for gender-responsive policies and legislation, and gender mainstreaming in Government institutions and State agencies, and raise the level of gender awareness.  The office had recruited more civil servants, and collaborated with civil society organizations, the national Parliament, the Women’s Caucus and the committee responsible for gender equality. 

The Penal Code, approved in March, had a gender perspective, she said.  Under one of its articles, domestic violence was criminalized and sanctioned, whether or not the victim had filed a formal complaint.  It ensured that criminal proceedings were conducted by the State justice system, regardless of the existence of common traditional justice procedures at the community level.  Timor‑Leste’s culture was heavily influence by the Catholic Church and therefore abortion rules were very restrictive.  The Council of Ministers decided to legalize abortion when the life or health of the mother or foetus was at risk.  But the national Parliament rejected it and introduced several restrictive measures to pregnancy termination.  The Secretary of State for Promotion of Equality was determined to raise public awareness about women’s rights so that abortion could be legalized in the near future.  Meantime, the Ministry of Health had implemented family planning initiatives. 

In March 2008, the Council of Ministers approved a resolution establishing and reinforcing a network of gender focal points in Ministries and administrations, she said.  The Secretary of State’s office was in the process of revising the gender mainstreaming policy, and it had signed a memorandum of understanding with national media to work to erase gender stereotypes and negative cultural attitudes.  Several training programmes and campaigns to fight violence against women were implemented nationwide, such as the “16 Day Campaign to Fight Violence Against Women”, which would take place from 25 November to 10 December.  Police officers were trained in gender-based violence.  Such campaigns had increased society’s condemnation of the violence.  The Government also had several security, health and social protection procedures to ensure that the needs of domestic violence victims were met.

To celebrate International Women’s Day in 2008, the Government, Parliament, civil society and religious organizations had signed the joint Dili Declaration, she said.  In doing so, they had committed to developing gender-sensitive budgeting, eliminating violence against women and girls, adopting a domestic violence law and implementation plan, and developing a mechanism to promote equal access to property and land rights, as well as to higher education.  Further, they committed to promoting a gender-sensitive health policy to prevent HIV/AIDS and to promoting family planning, ensuring the incorporation of an integrated gender approach into the second National Development Plan, creating a dynamic partnership for sharing resources and knowledge on gender equality, and investing in women through a decentralized policy. 

A year later, the Government took stock of progress in implementing the Dili Declaration, she said.  It noted improvements in education, particularly in erasing illiteracy among women in several districts, and in sexual and reproductive health aimed at lowering the teen pregnancy rate and girls’ school dropout rate.  The creation of health facilities was expected to enable the country to achieve its target of reducing the maternal mortality ratio from 660 per 100,000 births in 2006 to 480 per 100,000 births in 2010.  The Ministry of Health was bringing maternal health services to communities.  Thanks to public consultations with various stakeholders, the draft Civil Code, which would likely be approved by the Council of Ministers this year, would include provisions for equal rights to land and property for men and women.

The Ministry of Economy and Development had introduced temporary special measures for women to access micro-credit, she said.  The draft Law against Domestic Violence -– which aimed to create and strengthen mechanisms to prevent domestic violence, protect victims and protect their legal rights -- was being discussed with the Council of Ministers.  There was strong commitment to have it adopted this year.  The draft law proposed, among other things, strengthening and expanding the network of support centres, and it defined the responsibility of various governmental bodies in collaboration with civil society organizations that provided services. 

Experts’ Comments and Questions

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, congratulated the delegation on the ratification of the Optional Protocol and the wide participation of officials in the development of the report.  She said, however, that the report lacked the contributions of the Parliament, which were considered important. 

She wondered how the Convention could be strengthened within the legal system, asking how provisions of the Convention fared when they came up against laws that contradicted it.  She suggested that the Convention should be used as a tool to change discriminatory laws that were still on the books, even if the provisions of the Convention already had the status of national law.

CORNELIS FLINTERMAN, expert from the Netherlands, asked why the status of equality before the law, in the Constitution, was limited to citizens.  In addition, the provision of equality in the Constitution was connected to opportunity and not to results, as the Convention required.  He asked if there were plans to assure such equality.

VICTORIA POPESCU, expert from Romania, was pleased to note that the country had ratified seven human rights instruments in its short history of independence and had altered its criminal codes recently to criminalize domestic violence.  She asked how women who had experienced violations of rights could pursue justice.  Noting that ignorance of human rights, logistical difficulties, complicated procedures and customary law could make it difficult to uphold those rights, she asked how those difficulties were being dealt with.

VIOLETA NEUBAUER, expert from Slovenia, asked for clarification of the structure of the gender-equality units in Timor-Leste, and if a high-level, inter-departmental, inter-ministerial structure was envisaged.

Ms. POPESCU, expert from Romania, asked what measures were being taken to reach women in rural communities, and if there were gender advisors who spread information about the rights of women to remote areas.  She also asked for the priorities of the strategic plan for gender equality, for the period 2010-2015.

Country Response

The delegation said that the Constitution guaranteed equality, and to get that message out to the rural areas, members of the gender-equality machinery went regularly to those areas, along with representatives of United Nations agencies, non-governmental organizations and other partners.  Gender focal points from ministries and local government were also involved.  Non-governmental organizations were well-coordinated with Government efforts and received regular briefings.  In addition, the Secretary of State for Promotion and Equality networked within all areas of Government.

Under the current strategic plan, she said, many projects were in operation, with a nearly $600,000 budget that would increase to over $1 million, with more than 40 staff.  The selection of gender focal points in the ministries and the localities with the right qualifications was not easy, so a public procedure for a two-year appointment was conceived.  There was a monthly meeting of ministry focal points and, every three months, meetings with focal points of districts and parliamentarians.  Members of Parliament had also received training on the Convention.  The Secretary of State met with donors every three months as well.

Regarding rural women, there were regular meetings with development partners and service providers, who received funding to assist all women to gain access to the judicial system.  There was a focus on preventing violence against women at the village level.  All documents related to gender equality were translated into Portuguese, Tetum and Indonesian, so that all women could understand them.  There also were weekly programmes through the mass media and other awareness projects that explained how women could participate equally in development.

Experts’ Comments and Questions

In a follow-up question, Mr. FLINTERMAN, expert from the Netherlands, noting that there was no definition of discrimination on the basis of sex, asked how provisions on sex were interpreted.  He asked also if there was a time-bound plan to improve women’s access to the judicial system.

SILVIA PIMENTEL, expert from Brazil, congratulated the country on the equality clauses in the Constitution and the new Penal Code, but asked if gender mainstreaming was incorporated into the latter to the point where the patriarchal constructs were abolished.  She requested an outline of the civil code in that light as well.

In other follow-up questions, Ms. POPESCU, expert from Romania, asked again for a description of the most important challenges in the last strategic plan and the new plan’s priorities.  VIOLET TSISIGA AWORI, expert from Kenya, asked if a curriculum on gender issues was part of law-enforcement training, and Ms. ŠIMONOVIĆ, expert from Croatia, asked for more clarification on the integration of the Convention into the national legal system.

Country Response

The delegation said that in 2006, training in gender issues had started for all officials of the criminal justice system.  The civil code enforced equality in marriage between men and women, and in other areas, with a marriage age of 18 for both.  Trainers went out to the communities, and all citizens had a right to legal assistance, including public defenders.  There were language challenges, which were being overcome through the translation into Tetum of all laws.

Concerning traditional practices, there had been an evolution over time, and all criminal cases were now referred to the courts, while civil cases were still frequently resolved by the communities, but with full consideration of the relevant laws.

Experts’ Comments and Questions

Ms. NEUBAUER, expert from Slovenia, said temporary special measures had not really been used to ensure gender equality in all areas covered by the Convention.  Many measures focused more on creating equal opportunity rather than erasing past discrimination.  Did the Government intend to have a legal framework to introduce such measures and a definition for legal compliance of them?

YOKO HAYASHI, expert from Japan, asked about the role of women in political parties and whether the number of women candidates had increased.  Had they met quotas for women in political parties?  Were there specific programmes to facilitate women’s access to justice and to provide gender-sensitive training for the judiciary? 

Country Response

Ms. RODRIGUES said the Government was in the process of fully informing staff about the new Penal Code, as that was necessary for proper implementation.  Traditionally, families gave preference to higher education for sons over daughters.  To achieve gender parity in higher education, the Ministry of Education had set a target of having half of all scholarships issued to girls.   The Government was working with development partners to increase women candidates in the local elections in October.

Continuing, she said, the Ministry of Justice was in the process of including a gender perspective in its Strategic Plan.  Women were not traditionally involved in big business.  Women in rural areas seeking to start their own small agricultural businesses often lacked funding to do so.  Rural women were entitled to the same Government subsidies as men.  The Government was now focused on gender-sensitive training, which was necessary prior to pursuing gender mainstreaming and gender budgeting. 

Experts’ Comments and Questions

Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, said it was important to face and tackle negative gender stereotypes and practices.  While the Government had adopted some steps, including media campaigns, they were not enough to erase gender stereotypes.  She encouraged the delegation to employ traditional community leaders in that regard.  The minimum age for traditional marriages was 15.  That must be changed, as should the practice on forcing young girls into marriage.

Country Response

Ms. RODRIGUES said the Government had implemented a training module with community leaders on gender-based violence.  It had also worked with the National Institution to train all public servants on how to provide gender-sensitive training to community leaders.  The 2010 Action Plan focused on implementing Security Council resolution 1325 (2000) on women, peace and security.  Lawmakers had begun to draft the domestic violence law, and they had sought input from community leaders.

Another delegate said secondary school textbooks had been revised in the last few months to include a gender-sensitive focus.  The Ministry of Education was working with the United Nations Children’s Fund (UNICEF), other United Nations agencies and non-governmental organizations to look at health, civic rights and education from a gender perspective.  The Ministry of Education was developing a national secondary school curriculum that included sexual and reproductive health education.  Literacy programmes targeting women were available in all districts, among them, the “Yes I Can” programme, which offered a flexible schedule for working women.

ZOHRA RASEKH, expert from Afghanistan, asked when the new laws against gender-based violence would come into force, commenting that it was important that they were formulated correctly.  She also asked what kind of databases were being made available on the subject, and if the Government had plans to provide more support to victims of domestic violence.

On prostitution and trafficking, she asked what preventive and interventional measures were being instituted, such as counselling for women who had been sexually abused.  Saying that it appeared that men who frequented prostitutes were not prosecuted, she asked what measures were directed at them.

SAISUREE CHUTIKUL, expert from Thailand, asked if there were proactive, comprehensive plans to eliminate stereotypical attitudes, such as through radio and television, and if anyone was monitoring the media for that purpose.  In addition, she asked for more information about anti-trafficking measures, including what ministry headed up such efforts and who was responsible for support services for victims.  She wondered whether specific studies could be done on prostitution and trafficking.

Country Response

The delegation said that the domestic violence law would definitely pass soon in the Council of Ministers, and dialogue had already begun on passing it in the Parliament by the end of the year.  Its passage by then was not certain, but the delegation pledged to work hard to make it happen.  Facts on domestic violence were compiled at the end of each year, but various service providers supplied different statistics.  A coordinator had been installed to deal with that problem. 

Turning to victims of gender-based violence, the delegates said that national police had been trained to assist victims in the rural areas.  The victims could be transported to areas where they could be assisted by non-governmental organizations.  Safe houses were being established in the regions.  Language differences still presented a problem for women seeking justice in cases of domestic violence.

A study on trafficking and immigration of prostitutes would soon be conducted, the delegation said, because it was true that there was a lack of knowledge on the subject.  Attention was already being paid to women who crossed into and out of districts that bordered Indonesia.  After the inter-ministerial working group on prostitution was abolished, work was done directly with internally displaced persons, for whom the International Organization for Migration (IOM) was responsible.

When it came to gender-based violence, delegates said cases were often difficult to pursue through the criminal justice system because of the lack of evidence and the lack of service providers at the village level.  Awareness of the problem was created through the media, through the observance of special days and by the creation of an organization of men who campaigned against gender violence.

Experts’ Comments and Questions

Ms. PIMENTEL, expert from Brazil, and Ms. ŠIMONOVIĆ, expert from Croatia, asked follow-up questions on measures to combat violence against women. 

FERDOUS ARA BEGUM, expert from Bangladesh, saying that it was a violation of teenage girls’ rights to make them carry pregnancies to term that were caused by violence, asked what measures were being instituted to protect such girls.  Ms. RASEKH, expert from Afghanistan, and Ms. CHUTIKUL, expert from Thailand, asked additional follow-up questions on trafficking and violence against women.

Country Response

Children’s rights laws were currently being processed in the Council of Ministers, the delegation said.  It was not possible to provide more details on the new criminal and civil codes, because they were newly drawn up.  In relationship to the criminalization of abortion, there were differences within the Government.  There were amendments in the Parliament that dealt with the issue. 

Regarding shelters provided for victims of domestic violence, there were four in Dili, the capital, and three others in three districts.  They were all provided by non-governmental organizations and church groups.  Once the domestic violence law was approved, however, each of the competent ministries would have a specified role in assisting victims.  Concerning veterans, there was no discrimination between men and women under the law in terms of distribution of benefits.  In addition, there was equal distribution of all subsidy funds throughout the country.

Experts’ Comments and Questions

SOLEDAD MURILLO DE LA VEGA, expert from Spain, noted that women political candidates feared reprisals and physical violence.  How many crimes had been processed to date of such attacks?  How could women gain the kind of education and work-related experience necessary to hold political posts if the school dropout rate among them and pressure for them to leave school and the workforce was high? 

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, implored the delegation to do more to increase the number of women in political parties and life. 

Country Response

Ms. RODRIGUES said there was no gender discrimination in women’s access to education, including higher education.   There was no real evidence of people intimidating family members or friends to not vote for women candidates.

Experts’ Comments and Questions

Mr. FLINTERMAN, expert from the Netherlands, asked if a child born in Timor‑Leste of a Timorese mother and a foreign father automatically acquired his or her mother’s nationality.

Country Response 

A delegate said such children born in Timor-Leste were granted dual citizenship, as well as the option to choose the citizenship of either parent.

Experts’ Comments and Questions

BARBARA EVELYN BAILEY, expert from Jamaica, expressed concern over low school enrolment and graduation rates among girls and the fact that sexual harassment and intimidation in schools by male teachers was a real problem for girls.  What could the Government do to set policy to end that practice and create a comfortable environment for girls?  What was the Government doing to erase gender stereotypes in schools, particularly since girls’ enrolment lagged behind that of boys, owing to early marriages and teen pregnancy?  What was being done to give pregnant girls access to education and to end societal pressure for them to leave school and care for their children?  Was there a plan to broaden the school curriculum to truly introduce comprehensive sex education?

Ms. PIMENTEL, expert from Brazil, said it was understandable that the country’s transition from a patriarchal society to a modern one was slow.  Adult literacy was 43 per cent and youth literacy was 70 per cent.  What concrete measures was the Government taking to integrate families into schools and to encourage men to have a more active role in their children’s lives and education?

Country Response

A delegate said teachers still had the age-old mentality that corporal punishment was part of education.  The Government had made a commitment to work with all stakeholders to change that.  Sexual harassment and violence against girls was a problem, particularly in remote schools, prompting many parents to pull their daughters from the classroom.  The Secretary of State for the Promotion of Equality and the Education Ministry were working to change that, but inadequate resources limited their ability to implement programmes.  The Government had prepared a memorandum of understanding with the National University on information sharing and assistance to students interested in gender studies.  The Secretary of State would work with the statistics department to ensure the collection of gender-disaggregated data.  

Another delegate said the Constitution gave all children the right to equal access to education.  The Education Ministry had a school feeding programme and subsidies for students from poor families.  There was a fast-track initiative, supported by the World Bank, to give children in rural areas access to education.  According to 2007-2008 data, enrolment in primary schools was 53 per cent among boys and 47 per cent among girls.  There was no gender disparity in secondary school enrolment.  There were three-month intensive training programmes on gender issues for professors, as well as efforts to prevent pregnant girls from dropping out of school.  There was a pilot literacy programme in two districts that would be replicated elsewhere.

Experts’ Comments and Questions 

NIKLAS BRUUN, expert from Finland, said although the country had maternity leave as well as equal pay for equal work policies, in practice women were often denied maternity leave and were not allowed to return to work after taking leave.  What was being done to ensure compliance with maternity leave regulations?  He was concerned about child labour and the scant data on its prevalence, and the fact that Timor-Leste had not ratified International Labour Organization (ILO) Convention No. 182 on the elimination of the worst forms of child labour.  Was the Government working with ILO and did it intend to ratify Conventions No. 100 and No. 111?

PRAMILA PATTEN, expert from Mauritius, expressed concern over the fact that women earned just one eighth of men’s pay and she strongly encouraged the Government to ratify ILO Convention No. 100.  Since the minimum wage board had so far not determined a minimum wage, what new body would establish one?  What was the status of draft laws on worker and occupational safety?  Did the new Labour Code include provisions on sexual harassment, and what sanctions were envisaged?

Country Response

Ms. RODRIGUES said that under the Public Functions Law, all pregnant women were entitled to three months paid maternity leave and had the right to return to work after the leave period.  The Government, in 2010, was planning to set up distribution centres where rural women could sell their produce and wares.  In June, Timor-Leste had ratified ILO Convention No. 182.  It was working to educate women on how they could file complaints of sexual harassment in the workplace.

Experts’ Comments and Questions

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, seeing very high figures for maternal mortality and related ills, said there was a problem with stereotypes in relation to maternal health.  She asked how a culture of prevention and diagnosis, involving both women and men, was being created in the area of maternal health and family planning, including the spacing of children.  She also asked what was being done in the areas of breast and cervical cancer, and mental health.  Concerning abortion, she suggested that there be a closer alliance with the Parliament to make more flexible the allowable conditions for legal abortion, and asked what the results of a related study were.

ZOU XIAOQIAO, expert from China, quoting conflicting information on maternity leave, sought clarification.  She also asked what was being done to improve maternal health, given that the fertility rate in the country was the highest in the world, and that the number of clinics and use of contraceptives was low and access to services was particularly limited for rural women.  She asked for more information on HIV/AIDS prevention and treatment services.

Country Response

The delegation said that women public servants had the right to take maternity leave and resume their positions without penalty, but the situation was uneven in other work situations and should be improved through awareness-raising and other measures. 

Regarding family planning, the delegation said that it was true there was a problem, but there had been awareness-raising for women, men and entire communities on the issue.  The Ministry of Health had a plan to reduce maternal mortality by increasing access to quality health services, particularly in the rural areas, and to support community participation in health programmes.  Training of midwives and nurses, to reduce maternal mortality, had also been conducted.  In addition, a school for nurses and midwives had been established.  And, 640 health workers were currently being trained in Cuba.

On HIV/AIDS, the Government had already conducted awareness-raising campaigns, established units for confidential testing and counselling, and trained community personnel.  Programmes had been established in conjunction with the World Health Organization (WHO) to provide treatment for those who were already infected.  The Health Commissioner had established screening programmes for cervical cancer.

Experts’ Comments and Questions

Turning to development and economic opportunities, Ms. AWORI, expert from Kenya, noted limited credit opportunities for women.  She asked about the number of institutions that provided small loans and what percentage of such loans went to rural women.  She also asked what was being done to counter the negative impacts of cock fighting, which, she suggested, encouraged gambling and drinking among men.

Country Response

There were microcredit programmes at the district level, but not at the subdistrict level, the delegation said.  A programme called Women Self-Employment, or WISE, showed that women had access to more than 50 per cent of such microcredit schemes in each of the districts.  Both men and women had to obtain the signature of their spouses when applying for bank loans.  Microcredit projects helped women gain better access to credit.  Both men and women had access to hand tractors from the Ministry of Agriculture, with the assistance of the Secretary of State for the Promotion of Equality.

Experts’ Comments and Questions

Ms. ARA BEGUM, expert from Bangladesh, asked about the situation of widows and older women, and whether microcredit for them was available without a spouse’s signature.  She also asked what kind of programmes there were to support the rural economy, including provision of potable water, and what percentage of women benefited from such schemes.  She also asked if there were programmes to assist women who had suffered from rape during the country’s transitional period.

Ms. PATTEN, expert from Mauritius, asked what kind of training was being given to rural women on new agricultural techniques, technology and marketing facilities, and if there was reformation of land ownership rules that could benefit women.  She also asked if there were rural internally displaced women returning without the benefit of formal assistance and, if so, what was being done to help them.

Country Response

Houses for widows who were heads of households had been established, along with scholarship programmes for widows and fatherless children, the delegation said, adding that 25 vulnerable groups received such assistance.  The full number of such beneficiaries had been compiled in a report that now existed only in the Tetum language.  During the crisis of 2006, internally displaced mothers, pregnant women and victims of rape were gathered together for services.  Focal points had also been established within the internally displaced persons’ community.

Delegates said that 50 per cent of agricultural assistance had been given to women.  There were 400 individuals in villages helping to train rural women in agricultural techniques.  Husbands and wives shared property equally and worked the land equally.  There were other food security programmes, including those that provided tractors, which had been introduced, and one in which the Government bought agricultural products from farmers at a higher price to subsidize families.

Experts’ Comments and Questions

RUTH HALPERIN-KADDARI, expert from Israel, asked if, under existing and proposed civil codes, women had a right to represent themselves in the justice system, without their husbands present.  She also asked how property was divided after divorce; if it was equal, she wanted to know why women were expected to return home.  She also asked about the status of marital rape in the existing and proposed laws, and if there was a practice of forced marriage following rape.

DORCAS COKER-APPIAH, expert from Ghana, asked about the implications of bride prices and if there were plans in the civil code to ban it.  She also asked for clarification of grounds for divorce, and if divorce could be initiated by either party.

Country Response

The delegation said that the new civil code established 18 as the marriage age, and, in the case of divorce, property had to be divided in a fair manner, with the priority being the welfare of the children.  The bride price could have both positive and negative implications.  It was a long-standing traditional practice.  In some districts, the price was given from women to men. 

Experts’ Comments and Questions

In follow-up questions, Ms. PIMENTEL, expert from Brazil, stressed the importance of contraceptives and sexual education being available to everyone; Ms. MURILLO DE LA VEGA, expert from Spain, noted a section of the report that depicted women as afraid of standing up for election; Mr. BRUUN, expert from Finland, asked about child labour; and Ms. HALPERIN-KADDARI, expert from Israel, and Ms. AWORI, expert from Kenya, repeated their previous questions, which they said had not been answered.

Country Response

The delegation said that there were remnants of the tradition of forced marriage in the remote areas, but the Government and its partners, including religious organizations, were doing advocacy on gender equality to fight those practices.  It was true that much more hard work was required.  Cock fights were another traditional practice that could have negative impacts on women, which needed to be mitigated. 

In the labour codes and children’s laws, there was a ban on child labour, they said, adding that children, on their own initiative, had undertaken to help their parents in difficult economic times.

In closing, the delegation said it was trying its hardest to fulfil its obligations and provide the information required by the Committee.  Timor-Leste was a young country, but it intended to include all its citizens equally in building its future.

Committee on Elimination of

Discrimination against Women

894th & 895th Meetings (AM & PM)

SWITZERLAND, AS HOME TO INTERNATIONAL HUMAN RIGHTS LAW, SHOULD ACT AS MODEL
FOR WOMEN’S RIGHTS, ADVANCEMENT, SAYS WOMEN’S ANTI-DISCRIMINATION COMMITTEE

While praising Switzerland as a leader in human rights policy, experts of the Committee on the Elimination of Discrimination against Women expressed concern over the difficulties of instituting country-wide policies for women’s equality given the federal system that gives great autonomy to its districts, which are known as cantons and communes.

Introducing Switzerland’s third periodic report, Marion Weichelt, Deputy Director, Directorate of International Public Law, Federal Department of Foreign Affairs, said that Switzerland had taken very seriously the recommendations of the Committee after the presentation of its first and second report, particularly in the areas of the improvement of measures to fight domestic violence, the introduction of maternity insurance and other initiatives that assisted women to reconcile family and professional life, notably the adoption of a legal basis for child care outside of the family. 

In addition, Ms. Weichelt noted the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, a communications procedure that allows individuals to submit claims of rights violations to the Committee, and enables the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights. 

Switzerland’s federal system made the Convention’s implementation more difficult in some ways, because of the many legal areas under cantonal control, she acknowledged.  However, that diversity also allowed experimentation, competition for best results and development of best practices.  For example, systematic intervention in violence against women and innovative child-care structures were first developed in pioneering cantons.  All districts had accepted the Convention.  Integration of migrant women was being encouraged, and the federal law on foreigners required the recognition of equality and the provision of economic assistance, especially to women.

She described initiatives that had been put in place to fight domestic violence and other violence against women, which were part of a national action plan.  Programmes to encourage equality in professional life were also being instituted, including efforts to increase the number of women in managerial positions and to reconcile family and professional life.  As part of that endeavour, maternity leave with full salary, child care and tax breaks for families were also being put in place.  The cantons were trying to eliminate other financial disincentives for family life and to support young women seeking professional careers, including a national day that sought to fight stereotypical choice of careers by gender and an initiative to double the number of female university professors, which had already met with much success.

After Ms. Weichelt’s presentation, Committee experts welcomed the ratification of the Optional Protocol and other advances made by Switzerland in the Convention’s implementation, but expressed continuing concern over the regional unevenness of institutional mechanisms to promote gender equality.  They suggested that budgetary pressures in many cantons and communes had limited local efforts in that regard.  Some worried that there was not enough power at the federal level to ensure that best practices developed in individual cantons were disseminated nationally.

In the area of trafficking, some experts expressed concern about a provision in Swiss law that made support to victims conditional upon their cooperation with criminal investigations, as well as what the delegation had called “light” sentences for convicted traffickers.  They recognized progress in combating violence against women, but urged further legal and analytic work, especially in the interest of improving the situation of migrant women and other vulnerable groups.  They also urged that more be done to increase the participation of women in politics and managerial careers.  In general, some experts suggested, it was critical that Switzerland act a model for women’s rights and advancement, as it was home to international human rights bodies and international human rights law.

In their responses to those comments, the 10-member Swiss delegation said that it was true that there were differences among the cantons and communes in the means of attaining gender equality, but not in the goal of fully implementing the provisions of the Convention.  The budget for the Swiss Office for Gender Equality had not been cut, although planned increases had been cut back as part of budgetary reductions across the board.  Cantons, however, had fairly standard structures for women’s rights issues.

They stressed that the women’s Convention was universally binding at all levels in the Swiss Confederation.  In addition, the judgments of the Supreme Court allowed for some uniformity in the application of rights, including in the area of the fight against gender discrimination.  Temporary special measures, such as quotas, however, could only be imposed if they did not impinge on the rights of other groups. 

Regarding the conditions imposed on victims of trafficking, they said that a new law was in process to remedy that situation.  It was indeed a matter of concern that, in comparison with the rest of Europe, sentences for trafficking were lighter, but that was the case with sentences for many crimes, and the matter was under discussion.  Young people were being targeted by awareness campaigns and media programmes fighting stereotypical women’s roles, but the struggle against those stereotypes remained among the most difficult tasks in bringing about full gender equality, and would have to continue.

The Committee will meet again at 10 a.m. on Wednesday, 29 July to consider Tuvalu’s combined initial and second periodic reports.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) today reviewed the third periodic report of Switzerland (document CEDAW/C/CHE/3). 

The report was introduced by Marion Weichelt, Ambassador, Deputy Director, Directorate of International Public Law, Federal Department of Foreign Affairs.  Also present in the Swiss delegation were Corina Müller and Claudina Mascetta, from the Department of the Interior; Boris Mesaric, Jeanne Ramseyer, Brigitte Minikus and Stephanie Zbinden from the Department of Police and Justice; and Jean-Daniel Vigny, Christoph Spenlé and Marina Wyss of the Department of Foreign Affairs.

Introduction of report

Ms. WEICHELT said that Switzerland had taken seriously into account the Committee’s recommendations after the presentation of its first and second report, particularly in the areas of improving measures to fight domestic violence, and introducing maternity insurance and other measures to assist women to reconcile family and professional life, notably the adoption of a legal basis for child care outside of the family.  In addition, she noted the ratification in 2008 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, a communications procedure that allows individuals to submit claims of rights violations to the Committee, and enables the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights.  In addition, Switzerland had withdrawn its reservation to the article of the Convention related to bans on women in military combat positions.  The current report was public and could be accessed on the Internet.

She said the federal system in Switzerland made the Convention’s implementation more difficult in some ways, because of the diversity of civil areas under cantonal control.  However, that diversity also allowed experimentation in different areas, competition for best results and development of best practices.  For example, systematic intervention in violence against women and innovative child-care structures were first developed in pioneering cantons.  All districts had accepted the Convention.  She also noted the special difficulties of migrant women, for which integration was being encouraged.  The federal law on foreigners required the recognition of equality and the provision of economic assistance, especially to women.

Domestic violence was no longer seen as a private matter in Switzerland, she said.  The criminal code had been revised to criminalize battering, marital rape and other abuses.  Refuges and police procedures, as well as rapid reaction forces in some cantons, had been set up, and numerous other programmes had been designed to change behaviour.  Such measures would be stepped up in the next few years, with the creation of a standardized database on the problem.  Female genital mutilation was a prosecutable offence in Switzerland and forced marriage was the target of other measures.  Those were all part of a national action plan.

In terms of equal pay for employment, there was still a 9.7 per cent employment gap between women and men in the private sector, although it was somewhat smaller in the Government sector, she said.  As a result, programmes to encourage equality in professional life were being instituted, including efforts to increase the number of women in managerial positions.  In implementing Security Council resolution 1325 (2000) on women peace and security, women’s participation in civil welfare and the police force had been increased.  Towards reconciling family and professional life, more than 16 weeks of maternity leave with salary were now being offered and child-care structures were being set up.  Tax breaks for families were also being instituted.  The cantons were trying to eliminate financial disincentives for family life. 

She noted that support for young women seeking professional careers included a national day to fight stereotypical career choices.  Women were still heavily underrepresented in scientific and technical areas, and overrepresented in social sciences and health.  Overall, women made up 52 per cent of first-year university students, but only 42 per cent of doctoral students.  For that reason, an initiative had been put in place to double the number of female university professors, which had, indeed, succeeded.

Experts’ Comments and Questions

CORNELIS FLINTERMAN, expert from the Netherlands, commended Switzerland for recently ratifying the Optional Protocol.  What had the Government done to make it widely known?  The Swiss Supreme Court’s definition of discrimination was much narrower than that of the Convention.  There was still a need to fully incorporate the Convention’s definition into Swiss law.  What further measures was the Government considering to bring all cantons fully in line with their obligations under the Convention?  

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, commended the delegation for its comprehensive, informative and well-structured report.  Switzerland needed to create a uniform approach for the federal Government and the cantons to apply the Convention, to replace the current fragmented one.  Where there any new State commitments regarding the withdrawal of reservations?

ZOU XIAOQIAO, expert from China, expressed concern over the shrinking budget and staff of the federal gender office and the closure of gender institutions in several cantons.  Did the cantons and federal Government understand the seriousness of gender issues and the need to have adequately funded and staffed gender institutions?

NICOLE AMELINE, expert from France, said family law, education and training were strictly local.  How was gender equality under the Constitution implemented, while at the same time respecting local autonomy?  The Swiss Government invited corporate chief executive officers to provide it, but could it also have a law mandating and monitoring equal pay?  Could the Government harmonize gender equality regulations across the country? 

VIOLETA NEUBAUER, expert from Slovenia, said it was unclear how many cantons explicitly had gender-equality institutional structures with executive powers.  Did the federal Parliament have a working body charged with ensuring that gender equality was taken into consideration in the Parliament’s work?  Did the cantons have similar structures?  Gender-responsive budgeting was not uniform among the various Government departments.  Why was gender budgeting so well addressed by development and corporation directorates, but not at the domestic level?

VICTORIA POPESCU, expert from Romania, noting that only some cantons were using temporary special measures to erase gender disparities, asked whether any political parties had used quotas on their electoral lists.

Country Response

Ms. WEICHELT said the Convention was directly applicable in Switzerland and therefore no particular law was needed in that regard.  Switzerland had a monistic system.  Some of the Convention’s norms were self-executing and therefore directly applicable.  Those that were not needed legislative laws and intervention by the courts.  Article 3 of the Constitution gave all powers to the cantons, unless stated otherwise.  There were differences in implementing gender equality among the various cantons, but that was not necessarily a bad thing since some strategies worked in some cantons but not in others.

Another delegate said the strength of the federalist system was that differences were possible and cantons could tailor strategies and programmes to local needs. 

Another delegate said it was difficult to balance the need to provide temporary special measures to erase historical gender biases against women with the need to uphold men’s rights.  Jurisprudence in that regard was imposed by the federal tribunal.  The Government had used temporary measures to increase the number of women in senior university posts.

Another delegate said that according to Supreme Court case law, affirmative action by the State was justified as a matter of principle on the basis of the Constitution’s article 8, paragraph 3, clause 2.  The Supreme Court had ruled that measures for women’s advancement were acceptable insofar as they did not violate men’s constitutional rights. 

Another delegate said the federal budget for gender institutions and programmes had increased from 5.5 million francs and eight full-time staff in 2000 to 7.9 million francs and 12 full-time staff in 2008.  There were budget cuts at the canton level, but they were across the board for all canton programmes and were not specifically targeted to gender programmes.

Another delegate said smaller cantons had one full-time post for gender personnel; larger cantons, such as Zurich, had five full-time posts.

Another delegate said a federal Government working group had conducted a gender budget analysis on youth and sports, which revealed that girls’ programmes received less funding than boys’ programmes.  The federal Government had published a detailed brochure on the Convention and the Optional Protocol. 

On remaining reservations to the Convention, another delegate said there were reservations on article 15 and 16 concerning transitional law on matters of matrimonial law and property.

Another delegate said there was no central parliamentary structure that dealt with gender issues.  All of Parliament’s gender matters, however, had to pass first through the office of the head of judicial services of the Federal Bureau of Equality between Men and Women of the Minister of the Interior.

Experts’ Comments and Questions

In follow-up questions, Mr. FLINTERMAN, expert from the Netherlands, and Ms. ŠIMONOVIĆ, expert from Croatia, asked for more information on the direct applicability of the Convention in national law, maintaining that judgements on temporary special measures had been narrower than they would have been if the courts had taken provisions of the Convention into account.

Country Response

The delegation said that the Government, and not the judiciary, had determined that the provisions of treaties were not self-executing.  It was for the courts themselves, at the federal, cantonal and communal level, to decide which provisions were directly applicable.  It was true, however, that certain judgments might have been different if the Convention was taken more strongly into account.  Therefore, efforts had to continue to make the Convention better known among the judiciary and throughout the legal system. 

Experts’ Comments and Questions

Turning to the issue of stereotypes, Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, said that there were still problems about the image of women in the media and their acceptance in particular jobs and situations, which was why special temporary measures were needed. She asked what national mechanisms existed to counteract stereotypes, and the strength of traditional roles.  She also asked about measures to protect victims of trafficking.

SOLEDAD MURILLO DE LA VEGA, expert from Spain, expressed concern that mainstreaming of gender issues in university settings was not broad enough and asked for more information on efforts to fight stereotypes in the academic realm. 

VIOLET TSISIGA AWORI, expert from Kenya, asked what stage had been reached in efforts to ratify European measures against trafficking.  She also requested more information on support and protections for victims of trafficking, across Switzerland, and not just in individual cantons.

SAISUREE CHUTIKUL, expert from Thailand, asked what could be done to put in place stronger support for victims of trafficking in the cantons.  She maintained that the requirement that victims cooperate with investigations of trafficking as a condition of receiving protection and support was not acceptable.  She also asked if the Swiss programme to assist other nations to prevent exploitation of minors had been continued.

FERDOUS ARA BEGUM, expert from Bangladesh, asked about measures to protect senior women against abuse from caregivers and to protect foreign-born wives against domestic violence and discrimination.  Noting that there were fewer shelters for victims of domestic violence than there were cantons, she asked if there were plans to increase such shelters.

SILVIA PIMENTEL, expert from Brazil, said she was concerned over the fear of some migrant women to return to their home countries after their violence-plagued marriages failed.   She asked what was being done to assure such women of continued residence in Switzerland. 

ZOHRA RASEKH, expert from Afghanistan, said that the lack of regular reporting and data had a negative impact on the fight against gender-based violence.  What plans did the Government have to ensure the improved collection and analysis of such data?  Among other questions, she asked what actions were being taken to prevent child pornography and other sexual exploitation of girls.

Country Response

A delegate said the Swiss Government had decided in 2008 to ratify the Council of Europe Convention and to create a new law for victim protection.  By the end of 2009, the cantons and civil society would receive the first draft of the new law.  By the end of 2010, it would go to the Parliament for adoption, which would likely occur in 2011.  That ratification process was fast when compared with the process for ratifying other international conventions. 

Foreign victims of trafficking were entitled to residence permits in Switzerland, the delegate said.  The Federal Office of Migrants would publish a new directive to better explain that situation to the cantons’ migration offices.  It was difficult to gather statistics on trafficking because cantons used a different process from the federal Government for doing so.  He said he would try to gather trafficking statistics and submit them to the Committee for its review.

A new statistics system had been created last year for law enforcement officials, in which all prosecutions under every article of the Penal Code would be counted, he said.  The 2007 report on Government efforts to combat human trafficking included information on the national anti-trafficking action plan.  His Government did not provide financial assistance to non-governmental organizations for anti-trafficking efforts.  Rather, it provided funding through the cantons.  

Regarding services to assist and protect migrant women, another delegate shed light on various social programmes.  A foreign migrant woman married to a Swiss citizen for at least three years could remain in the country.  The law gave migrant women suffering from domestic violence or other forms of abuse the right to stay in the country, particularly if they would likely face abuse if they returned to their countries of origin.

Another delegate said a federal body provided specialized services to women victims of trafficking and it worked with canton bodies that provided such services.

Regarding efforts to end child pornography and sexual abuse of minors, another delegate said schools and non-governmental organization disseminated information and cooperated on ways to end it and assist victims.  Several cantons had taken preventive measures such as publishing and distributing informational brochures, as well as devising games, films and exhibitions to educate children and adults about the crime.  The Government also worked with athletes; the Swiss Alliance to Prevent Sexual Exploitation, which was set up by four non-governmental organizations; the Federal Office of Sports; and the Swiss Foundation to Protect Children.  

Continuing, she said an Internet site provided information on prevention, assistance and monitoring of sexual child abuse.  Last year, the Swiss Alliance to Prevent Sexual Exploitation organized the first national conference on how abuse could be prevented in the home, at school and in society.  A national coordination service against cyber-crime was set up by directors of cantonal justice and the police, which had resulted in the prosecution of several offenders. 

On protection of elderly women against abuse, which was punishable under the penal code, Ms. WEICHELT said offenders were brought to justice.  There had been a public outcry against such heinous crimes.  

The delegation said that it was true that sentences for trafficking were light in comparison to the rest of Europe.  That was, indeed, a matter of concern to them.  Sentences in Switzerland tended to be lighter in general.  It was important, however, that new training was being carried out to enable everyone in the criminal justice system to better prosecute trafficking cases.  There were now 27 cases being pursued against traffickers.  A unit for cooperation with police abroad on trafficking cases was being enlarged, and police attachés in many Swiss consulates abroad cooperated on many matters.  It was important to note that the Swiss regulations on foreigners were fully consistent with the European Convention on trafficking.  A non-refoulement policy on refugees also applied.

Clarifying the regulations for women admitted under cabaret-dancing visas, the delegation said that brochures were given to those women warning them about the dangers of trafficking, and they were briefed on their rights.  Regarding taxes on individuals, the 26 cantons had various rules, but the burden on married couples with two incomes, as well as single-parent households, was generally being eased.  Fighting stereotypes was one of the most difficult tasks in gender equality, and young people were being targeted for awareness campaigns and media programmes for that purpose. 

In addition, the delegation said that just last week the Government had issued a new report on domestic violence that showed the problem was still serious, but also that police were better trained to handle it.  Also, clearer statistics were being collected and awareness of the problem was spreading throughout the criminal justice system.  It was true, however, that shelters were not yet sufficient to take in every woman that needed shelter.  There was as yet no specific legislation against female genital mutilation beyond laws that already proscribed physical harm.  Specific legislation had been proposed, but it was controversial because, among other perceived problems, it only targeted girls and not boys.  However, preventive work was being done among communities susceptible to the practice.

Experts’ Comments and Questions

Ms. NEUBAUER, expert from Slovenia, asked how Switzerland was going to address the imbalance of men and women in elected positions comprehensively, both through political parties and civil society groups. 

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, suggested that, to deal with the different levels of jurisdiction in Switzerland, a structure be created both at the federal and cantonal level to implement the women’s Convention.  Noting that the number of women in the federal legislature had risen slowly, she suggested that, in order to achieve full parity, party procedures that had succeeded in increasing the participation of women be applied across the board.

Ms. MURILLO DE LA VEGA, expert from Spain, said she understood the problems presented by federalism in applying affirmative action across the country, because Spain had a similar federal structure.  It had been able, however, when sufficient political will was mustered, to put in place measures that increased women’s political participation.  In the area of equal employment, she asked if there were mechanisms that could make existing regulations more effective.

Country Response

Switzerland had not wanted to pursue temporary quotas to increase women’s participation in elected position because that was seen as impinging on individual men’s right to participate, the delegation said.  However, there had been progress in many areas that had formerly been resistant to change.  There was not much that could be done within political parties because they operated independently.  The most effective way to increase women’s participation was through information, active recruitment and assurance of equal air time for women candidates.

The delegation said that a national human rights body had been considered.  A pilot project was being conducted and, after five years, a decision would be taken on its future.  That was why there was no way to take decisions on a national gender-equality body.

Experts’ Comments and Questions

Ms. PIMENTEL, expert from Brazil, asked what measures had been adopted by the federal Government and the cantons to provide education for women with disabilities.   Were measures to educate migrant women sufficient to eliminate discrimination against them?  

BARBARA EVELYN BAILEY, expert from Jamaica, expressed concern that gender inequality in education was unrealized in several areas, such as post-compulsory professional education and specialized education programmes.  Vocational training was largely segregated by gender.  How could the law to end gender inequality in education be more binding and how could it effectively expand women’s participation in educational programmes currently dominated by men and in decision-making bodies for higher education? 

PRAMILA PATTEN, expert from Mauritius, asked about concrete steps at the federal and cantonal levels to address gender segregation in the workplace.  How was the principle of equal pay for equal work being applied?  Were judges, including labour judges, trained on that principle?  Had the courts receive complaints of violations of that principle?

NIKLAS BRUUN, expert from Finland, asked if the position of article 11 had been addressed by the courts and judges.  Noting that about 80 per cent of part-time workers in the country were women and that more than half of female workers were engaged in part-time work, he asked about measures to help women who wanted full-time jobs.   

YOKO HAYASHI, expert from Japan, commended the delegation for its well-structured and informative report.  Did the Government encourage men to have flexible working hours and thus help erase the tendency of only women opting to work at home and with flexible hours?  What kinds of job training programmes were available for migrant workers at the federal and cantonal levels?  She urged the delegation to refer to the Committee’s general recommendation on migrant women.

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, said not enough attention and funding were given to programmes for breast and uterine cancer prevention.  Had there been an increase in those cancers and in the death rate due to those cancers?  Noting the high prenatal death rate among migrants, she asked if there were specific health-care services for pregnant migrant women.  She asked the delegation to elaborate on the special report on mental health, violence and suicide among women.

Ms. XIAOQIAO, expert from China, asked if any survey had been conducted on young women addicted to drugs and whether the Government had developed measures to help them. 

Ms. ARA BEGUM, expert from Bangladesh, asked about the effectiveness of poverty-eradication programmes to benefit single, elderly and divorced women.  What programmes assisted rural women?  Did they have the same access to social security benefits as urban women?

Ms. RASEKH, expert from Afghanistan, asked about the availability of family planning services for migrant and foreign women.  Why was it that female genital mutilation was illegal in Switzerland, but people who sent women and girls abroad to have the procedure in countries where it was legal were not punished after they returned home?  She asked for details about services to assist women with post-traumatic stress disorder.

Country Response

A delegate said the right to equal pay for equal work was guaranteed in the Constitution and applied to the public and private sectors.  The federal Tribunal, to her knowledge, had not referred to the Convention in cases of equal pay for equal work.  But there was excellent case law in terms of comparing law enforcement professions and there were hundreds of cases in the health profession, which had led to an increase in women’s wages in that sector in recent years.  The gender pay comparison could only be made when it applied to men and women working for the same employer.

Another delegate said cantons led two equal opportunity education programmes.  There were federal equal opportunity programmes in universities and graduate programmes, including mentoring programmes and management programmes to help female post-doctoral students.  The 2008-2011 action plan of the federal programme for gender equality pursued three goals:  equal representation of male and female students in middle management; raising awareness of gender; and promoting gender equality research and management.

Another delegate said Switzerland had bilateral conventions with several countries on social security that covered 90 per cent of foreigners.  Regarding the study on suicide, violence, ageing and health care, each chapter provided statistical data followed by recommendations.  She flagged a copy of the report, which had been published in 2008, saying she could give it to the experts.  There were projects in place created by a parliamentary initiative to set up more services for poor families.

Regarding migrants and their degrees, the most important issue was disseminating information on the somewhat complex process of getting foreign diplomas validated and raising awareness among employers as well.  It was also important to ensure that migrants’ informal skills were recognized.  For those purposes, there were skills assessments and language tests for migrants to certify their qualifications.  Training, education and language assistance was targeted to migrant girls.  In addition, the “migration and health” strategy had made major efforts in improving the maternal health of migrant women.  Forced sterilization of persons with disabilities was no longer allowed, but compensation for those who had been sterilized previously was controversial.

Experts’ Comments and Questions

Turning to the distribution of property in cases of divorce, RUTH HALPERIN-KADDARI, expert from Israel, said that it seemed like the State recognized the inequalities that existed in the area, but had not taken adequate action.  Changing the pension rules was not enough.  She asked if there were concrete proposals to assure women’s economic security after divorce.  She also urged reform of rules regarding the break up of de facto but unmarried couples.  Finally, she said that the movement towards shared custody, which was taking place in Switzerland and elsewhere, often benefited men in the form of lowered child-support payments and asked for the delegations’ thoughts on that problem.

Ms. BELMIHOUB-ZERDANI, expert from Algeria, asked about the possibilities of lifting Switzerland’s remaining objections to the Convention.  Ms. ŠIMONOVIĆ, expert from Croatia, asked for further information on family names and corporal punishment.

Country Response

A delegate said the law for future pension rights for divorced women was currently being devised.  Concerning national transitional law on marital property, only a limited number of couples were affected by that matter.  After they were addressed, Switzerland would withdraw its reservation in that regard.

Ms. WEICHELT said the Penal Code prohibited capital punishment.  Another delegate said commissions existed in Swiss schools to monitor capital punishment.

Experts’ Comments and Questions

Ms. HALPERIN-KADDARI, expert from Israel, said her questions on rights and protections for unmarried women living in de facto relationships and on the move towards shared custody had not been answered.

Ms. ŠIMONOVIĆ, expert from Croatia, asked the delegation to clarify the legal status of corporal punishment.

Ms. RASEKH, expert from Afghanistan, said her questions on shelters for women also had not been fully answered.

Country Response

Ms. WEICHELT said there were no rules at present regarding the rights of unmarried women in de facto relationships after they separated from their partners.  She did not have answers at present on the issue of shared custody.  

Committee on Elimination of

Discrimination against Women

Chamber A, 892nd & 893rd Meetings (AM & PM)

LAO PEOPLE’S DEMOCRATIC REPUBLIC BOASTS NEW LEGISLATION, MACHINERY TO IMPROVE
WOMEN’S LOT, BUT EXPERT COMMITTEE FAULTS RAPE, DOMESTIC VIOLENCE POLICIES

As delegates from the Lao People’s Democratic Republic shed light today on recent legislation and programmes to improve the lot of women in their country, they faced criticism from the Committee on the Elimination of Discrimination against Women over Government policies to address rape and domestic violence.

Since its inception five years ago, the National Commission for the Advancement of Women had drafted the 2006-2010 National Policy for the Advancement of Women to promote and protect women’s rights and remove obstacles to women’s empowerment and full participation in national development, said Somsavad Lengsavat, Standing Deputy Prime Minister and National Commission President.  

Presenting his country’s combined sixth and seventh periodic report to the expert Committee that monitors compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Mr. Lengsavat, who headed the 12-member Lao delegation, said lawmakers had criminalized discrimination against women and revised the Law on the Development and Protection of Women to ensure gender equality and conformity with the women’s Convention. 

The Government had also set up women parliamentary groups to give female lawmakers a greater say in drafting legislation and in scrutinizing the Government’s implementation of national development plans and the courts’ enforcement of gender equality laws, he said.  In partnership with the Lao Women’s Union, the Government was working to erase entrenched gender stereotypes, particularly in remote, mountainous areas, through counselling and job training programmes for women, educational campaigns and health-care services.

While noting those steps, several Committee experts expressed alarm over the Government’s treatment of women victims of rape and domestic violence, saying the definition of rape in the country was too narrow and victims were not receiving the comprehensive legal, physical and psychological support they needed.  Some experts implored the delegation to reform rape laws to include marital rape, and questioned Government statistics that reported just three cases of men raping their daughters in the last three years.

Responding to those concerns, delegates said women victims had the right to seek legal protection and file complaints with the Prosecutor’s Office, and the Government had set up legal aid and counselling centres to assist them.  The Lao Women’s Union served as a focal point, while the Ministry of Public Security, Ministry of Justice and the Prosecutor’s Office provided legal support to victims of domestic violence.  In addition, mediation units in local villages aimed to settle domestic violence disputes out of court.  Those victims, however, often returned to their abusers out of economic necessity, a phenomenon the Government was trying to address through job training and capacity-building programmes.

The Committee will meet again at 10 a.m., on Monday, 27 July, to consider Switzerland’s third periodic report.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) met today to consider the combined sixth and seventh periodic reports of the Lao People’s Democratic Republic (document CEDAW/C/LAO/7).

The Lao delegation was headed by Somsavad Lengsavat, Standing Deputy Prime Minister and President, National Commission for the Advancement of Women (NCAW); and also included Sysay Leudedmounsone, President, Lao Women’s Union, and Standing Vice President, NCAW; Sengdeuane Lachanthaboune, Deputy Minister of Education, and Vice President, NCAW; Ket Kiettisak, Deputy Minister of Justice; Hiem Phommachanh, Deputy Minister of Foreign Affairs; Laoly Faiphengyoa, Deputy Minister of Labour and Social Welfare; Khamhoung Heuangvongsy, Deputy Minister of Health; Kanika Phommachanh, Permanent Representative of the Lao People’s Democratic Republic to the United Nations; Chanhdy Pankeo, Director, Secretariat, NCAW; Chansoda Phonethip, Deputy Director, Secretariat, NCAW; Kingmano Phommahaxay, Secretary of Standing Deputy Prime Minister; Songkane Luangmuninthone, Counsellor, Permanent Mission of the Lao People’s Democratic Republic.

Introduction of Report

Presenting the reports to the Committee, which monitors States parties’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Mr. LENGSAVAT said his country adopted the 2006-2010 National Policy on Women’s Empowerment aimed at promoting and protecting the legitimate rights of Lao women, creating favourable conditions for their full participation in national development, removing obstacles to women’s advancement, and ensuring  that women benefited from Government strategies and programmes.  The Government had revised the criminal law to stipulate that discrimination against women was a criminal act, and it had continuously integrated provisions of the Convention into the country’s Constitution, as well as enacted and revised laws to ensure gender equality and conformity with the Convention, particularly the Law on the Development and Protection of Women. 

He said that the Government had set up women parliamentary groups to strengthen female parliamentarians’ active contribution in drafting legislation and scrutinizing the Government’s work, especially as it concerned follow-up to implementing the National Socio-economic Development Plan, adopted by the National Assembly, and monitoring the work of the People’s Court and People’s Prosecutor Office on enforcing the Law on the Development and Protection of Women’s Rights.  Since its inception five years ago, the National Commission for the Advancement of Women had drafted the 2006-2010 National Policy for the Advancement of Women and then allocated Government funding and foreign technical and financial assistance to implement it.  The National Commission also served as a focal point for gender mainstreaming, gender equality and eliminating discrimination against women.

In addition, the National Commission had established affiliations in governmental agencies and local administration, carried out awareness campaigns and strengthened their capacity to implement the national women’s advancement strategy, he said.  It had carried out vigorous mass media campaigns, as well as workshops with local Government officials to spread awareness about human rights treaties and women’s rights’ action plans.  The Lao Women’s Union strived to achieve good citizenship, good development and a happy family life for women by focusing on gender equality and eradication of domestic violence.  It had counselling and job training programmes for women to end poverty, coordinated consultations with multiple stakeholders to implement the Law on the Development and Protection of Women, and worked to attract financial and technical assistance.

The Government was working to end gender stereotypes at home as well as in school and the workplace, he said.  Although it was difficult to devise regulations that could dramatically alter such stereotypes in a short period of time, the Government had been able to eliminate discrimination against women in legal terms and at different Government institutions.  Some inappropriate gender practices still existed in poor, remote areas.  To tackle them, the Government had linked gender policy and women’s advancement with the National Poverty Eradication Strategy, setting up villages with sound health services, promoting development and rooting out crime. 

Turning to human trafficking, he said that most victims were from poor farm families.  Sixty per cent were young girls between the ages of 12 and 16.  Seeking employment in urban areas, they were coerced into prostitution.  The country’s criminal law had imposed various types of penalties on perpetrators, with the most severe being the death penalty or life imprisonment, along with a fine of between 500 million and 1 billion kip and forfeiture of all assets for killing or permanently disabling the victim or infecting the victim with HIV/AIDS.

Gender equality was gradually being achieved in the country, he said.  The Government had implemented a policy of solidarity and equality among the country’s various ethnic groups.  The Party Central Committee -- the ruling party -- had 55 members, of which four were women.  Four of the country’s 32 Ministers were women, versus just one when the country last reported to the Committee.  There were 29 women parliamentarians of the 115-member National Assembly.  There were two female ambassadors and one female consul general.

The Government had set up the Promotional Education Centre for Women, Ethnic People and People with Disabilities to carry out the Ministry of Education’s policy on justice and equality for those groups, he said.  The goal was to narrow the education gap between urban and rural areas and to achieve universal compulsory education by 2015.  To ensure equal access to health-care services for people of different ethnicities, the Government had set up a technical team to address family planning, maternal health, children’s health and nutritional concerns.  The Ministry of Health conducted training for medical personnel to support prenatal services nationwide. 

To ensure gender equality in the workplace, the Law on the Development and Protection of Women stipulated that women had the right to be involved in legal activities in manufacturing, business and services, as well as the right to choose their profession and to receive bonuses and work incentives, he said.  The Labour Law prohibited employers from terminating work contracts of pregnant women or forcing pregnant employees to resign.  The Government had made it a priority to increase women’s enrolment in technical and vocational schools.  The Lao Women’s Union had set up vocational schools exclusively for women.  As the Government carried out economic reform at a time when the country was suffering the impact of the global economic crisis, it had instructed the Ministry of Labour, Lao Women’s Union, Ministry of Education and other agencies to diligently implement the Labour Law and the Law on the Development and Protection of Women, and to ensure them regular employment and labour skills development.  The goal was to raise women’s efficiency in the workplace and improve women’s living conditions.

Experts’ Comments and Questions

CORNELIS FLINTERMAN, expert from the Netherlands, said he was still not clear about the status of the Convention in the Lao People’s Democratic Republic.  Could its provisions be invoked in domestic courts?  What obstacles existed to amend the Law on the Development and Protection of Women to include the definition of discrimination?  What is the exact scope of that law?  Did it govern the private sector?  Did it provide for temporary special measures? 

VICTORIA POPESCU, expert from Romania, asked how the Government managed efficient and effective coordination of the various local and line-ministry subcommissions addressing women’s issues.  What was the relationship between the Lao Women’s Union and other associations and organizations aimed at advancing women’s rights and empowerment?  She asked for concrete examples of how the national socio-economic development plan and the National Policy for Women’s Empowerment had been successful in the last three years, as indicated in Mr. Lengsavat’s statement.  Also, did the National Poverty Eradication Strategy have a gender dimension?

YOKO HAYASHI, expert from Japan, asked about capacity-building measures for female political candidates.  Had the Government approached political parties so that they would increase the number of female candidates? 

RUTH HALPERIN-KADDARI, expert from Israel, criticized the lack of statistics in the country report and the delegation’s answers to the Committee’s questions on gender-based violence against women.  There was not enough concrete data on the number of trials or charges against the perpetrators or programmes to sensitize police officers and the judiciary about the problem and shelters to assist the battered women.  The definition of rape was extremely narrow and should be amended to include all cases in which women were forced to have sex against their will, including marital rape. 

FERDOUS ARA BEGUM, expert from Bangladesh, asked about provisions in the 2004 Penal Code to protect women victims of violence and bring offenders to justice.  What services were provided to victims of gender violence in terms of health, education and awareness of their legal rights, particularly for women in rural, mountainous areas?  Were shelters for victims adequate in terms of services? 

SAISUREE CHUTIKUL, expert from Thailand, asked what the Lao Government could do in collaboration with the Thai Government to prevent and end trafficking of women and girls.  Had the Lao Government conducted research about girls being trafficked to China?  How was the country working with the Chinese Government and other countries in the region in that regard?

Country Response

A delegate said domestic laws, such as the Law on Development and Protection of Women, the Family Law and the Heritage Law, were in line with the Convention.  The Law on Development and Protection of Women extended to the private sector.  Women victims of violence did have the right to seek legal protection, and the Government had an office that provided legal and counselling services.  The country’s women’s network also offered legal services to help female victims.

The Government was distributing information on the Convention to better inform women about their rights.  It had held a series of consultations and workshops with the Lao Women’s Union to target the needs of women of ethnic minorities and women in rural, mountainous areas.  The Government had set up the Lao Businesswomen’s Group and it was coordinating with other stakeholders to protect women’s rights.  The maternal mortality rate was declining.

The Government was doing its utmost to involve as many women candidates as possible in the National Assembly, she said.  It had a training programme for potential women candidates, and the number of women candidates had increased.  The Lao Women’s Union had set up programmes to help women compete in the workplace and be better citizens.  The Government and the Lao Women’s Union had introduced local measures to erase gender stereotypes, create equal opportunity within families for boys and girls, and better balance responsibilities in the home between the sexes.

She acknowledged the existence of domestic violence in the country, explaining it had classified the phenomenon into two categories –- one not harmful and the other, harmful.  The Government had set up counselling centres for women victims.  From 2006 to 2009, there were 400 registered cases of domestic violence, most of which were not considered very serious.  They involved yelling or scolding.  There were only three cases in which fathers had raped their daughters.  The Lao Women’s Union served as a focal point, while the Ministry of Public Security, Ministry of Justice and the Prosecutor’s Office provided legal support.

Concerning discrimination against women, another delegate said the National Assembly was charged with monitoring and overseeing implementation of laws and regulations.  There was no instance of prosecution of gender-based violence offenders, but whenever there was a breach, the Government would certainly prosecute aggressors in line with criminal law.  The Foreign Affairs Ministry had been mandated to study the country’s prospects of signing the Optional Protocol to the Convention.  The association of domestic non-governmental organizations shared the same ideology as the Lao Women’s Union.  Regarding whether criminal law was adequate to reduce domestic violence, he said education and sensitization programmes were used to curb violence, while criminal measures were a last resort. 

Another delegate said a specific Government committee, comprising representatives of the Prosecutor’s Office, Labour and Welfare Ministry, Justice Ministry, Ministry of Public Security and the National Commission’s secretariat, had a mandate to end trafficking in women.  There were sensitization programmes for law enforcement officers and attorneys in that regard.  Trafficking of girls and women had decreased, owing to cooperation measures and memorandums of understanding between the Lao and Thai Governments.  But there was often complicity among Government officials, including among border officers, on trafficking.

Another delegate said women victims of domestic violence often returned to their abusers after leaving them, due to economic necessity.  The Government was trying to address that through job training and capacity-building programmes for victims.  Regarding the criticism that the definition of rape was too narrow, he said according to article 128 of the criminal law, sexual intercourse without the consent of the woman was considered to be an act of rape.  Regarding marital rape, the Government had studied the issue, and he took note of the Committee’s concern.

Another delegate said the Government provided assistance to victims of trafficking for sexual and commercial exploitation, including male victims, but funding was limited.  In some cases, families of the victims were relied on to rehabilitate them.  The Lao Women’s Union played a critical role in that regard.

Experts’ Comments and Questions

SILVIA PIMENTEL, expert from Brazil, said education and sensitization programmes to erase gender stereotypes must be carried out simultaneously to end violence against women.  The delegation had said there were only three cases of fathers raping their daughters.  But the phenomenon of men raping their daughters was prevalent worldwide.  She also implored the delegation to answer her question about gender stereotyping in certain ethnic groups, particularly the practice of raping girls before puberty.

Mr. FLINTERMAN, expert from the Netherlands, said he still lacked a clear picture of the status of the Convention.  The general prohibition of discrimination against women was not sufficient to end it.  The Government must narrow that down to specific forms of discrimination against women, which must be criminalized.

Ms. POPESCU, expert from Romania, asked the delegation to clarify the two classifications of domestic violence as harmful and not harmful, stressing that the Committee believed that all forms of domestic violence were harmful.

Country Response

A delegate said that in the past three years, the Prosecutor’s Office had only received three complaints of men raping their daughters.  The Lao Women’s Union worked closely with the Prosecutor’s Office, and to the best of the delegation’s knowledge, no other complaints had been filed.  The rape of ethnic women prior to reaching puberty had been a problem in the past, but no cases had been filed in recent years.  In fact, the Lao Women’s Union had dispatched members to conduct surveys about that, and no cases of complaints had been filed with them.  Women had the right to lodge complaints with the Prosecutor’s Office if they were denied access to health-care services.  Regarding whether the Lao Women’s Union had specific activities for ethnic women, she said income-generating programmes were provided regardless of ethnicity.

According to the Law on the Development and Protection of Women, violence against women was classified in two ways.  One classification concerned violence that was most harmful; the other concerned less harmful violence.  In cases of less violent acts, the relatives of the victim and her aggressor, or the village elders where the victim and the aggressor lived, were tasked with settling the case.  Senior village elders headed mediation units to settle such disputes.   

Another delegate said the forms of domestic violence that were classified as not being harmful were those that were not very serious and did not endanger the victims’ lives.  The Government had set up mediation units in rural areas to handle civil and penal cases of domestic violence and other crimes such as stealing buffalo and other property theft, in order to alleviate the burden of the federal Prosecutor’s Office.

Experts’ Comments and Questions

Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, said the country report did not give clear figures on the number of women in foreign affairs.  Were they administrative staff or career diplomats? 

Ms. POPESCU, expert from Romania, asked for statistics on the number of women working as lawyers, magistrates and in the armed forces.  There were few women ministers and, at just 1.3 per cent, a very low representation of women village chiefs.  As 80 per cent of the population lived in rural areas, it was essential to have adequate women’s representation in local posts.  Who created the mediation units in villages and were women part of them?  Was the Government planning to use temporary special measures to reach the targets it set to increase the percentage of women in Government?

Country Response

A delegate said there were considerable numbers of women in law enforcement, and statistics on that would be included in the next periodic report.  There was one female governor and one female chief of district.  By 2010, the Government should achieve its target for increasing the percentage of women in Government. 

Another delegate said the Female Bar Association had fewer than 10 members, and it was currently trying in earnest to recruit more.  Village mediation units were headed by the chief of the village and representatives of the Lao Women’s Union and the Security Unit.  Women’s representation was indispensable in the mediation units.  Lao citizens could have only one nationality. 

Another delegate said women accounted for two of the country’s 20 foreign ambassadors and one of its five heads of consulate generals.  There was no discrimination against women working in the foreign service. 

Experts’ Comments and Questions

Ms. PIMENTEL, expert from Brazil, said marital rape should be criminalized because women were not the property of their husbands.  She implored the delegation to reform its laws in accordance with that belief.

Mr. FLINTERMAN, expert from the Netherlands, asked for clarification on the nationality of a child of a Lao woman and a foreign man, taking into account that the country did not allow for dual citizenship.

Country Response

A delegate said the child would get dual citizenship in that case, but that it must choose one of the two nationalities when he or she turned 18.

Another delegate said the definition of rape included any person using force or other means to put a woman in a state of unconsciousness, and thus in a state against her will, and then having sexual intercourse with her.  That definition of rape was not narrow. 

Experts’ Comments and Questions

Ms. HALPERIN-KADDARI, expert from Israel, said she was still unclear about the definition of rape, which according to the country report, did not apply to men who raped their wives.  If that was the case, then the definition of rape was too narrow.

Country Response

A delegate thanked Ms. Halperin-Kaddari for her views.

Experts’ Comments and Questions

DORCAS COKER-APPIAH, expert from Ghana, asked the delegation to elaborate on the impact of the current financial crisis on the economy, particularly as it concerned textile factory workers, who were largely women.  What was the Government doing to ensure that companies complied with international labour laws and standards and that those women, who were largely from rural areas, were not commercially and sexually exploited?  Gender pay gaps were perceived as normal.  What was the Government doing to increase women’s skills so that they could access higher paying jobs?  What steps had been taken since 2005 in that regard, and what results had been achieved?  She noted the difficult situation in which migrant women lived and their susceptibility to abuse.  When migrants who returned home tested positive for HIV, did they have access to antiretroviral therapies and health-care services? 

Country Response

Concerning education, a delegate said the Ministry of Education had developed an education sector development framework, which had been endorsed by the Ministry’s partners.  It focused on education in poor, rural areas and for ethnic minorities, and recruited teachers to return home to their villages to teach there.  Regarding school feeding programmes, they worked to particularly help girls attend schools.  The Government had set a target for girls to account for half of all students in vocational schools, and it supplied education grants and full scholarships to poor girls wishing to attend.  There was no fee for primary education.  The Government was working to strengthen its sector-performance monitoring and review of the education system.  The 2009 education budget was 15.5 per cent of the federal budget.  The Government aimed to increase that to 18 per cent by 2015. 

On health-care access in rural areas and the budget for maternal health-care services, another delegate said providing access for people in rural areas was a daunting challenge, owing to the country’s vast remote areas and poor transport infrastructure network.  The Government had expanded its outreach campaign on breastfeeding, nutrition, maternal health and prevention of sexually transmitted diseases to rural areas.  At the end of 2008, the Government approved a nutrition policy, and it was now in the process of drafting a nutrition action plan.  There were four bills on health care before the National Assembly. 

The Government had provided more than 5,000 medical kits to villages and it had set up hundreds of medical dispensaries throughout rural areas, he said.  It had also set up a national steering committee to fight HIV/AIDS, in coordination with the United Nations Population Fund (UNFPA), which conducted an annual evaluation on HIV/AIDS in the country.  The Health Ministry was doing its utmost to distribute condoms and promote their use, and it had launched an HIV/AIDS-prevention campaign among young people.  Sixty per cent of HIV-infected people nationwide had received proper medical treatment.  There was no discrimination against HIV-infected migrant workers upon their return home.  The health budget, apart from official development assistance (ODA), was 0.32 per cent of gross domestic product (GDP) for 2005 and 2006, and 14 per cent of the Government’s total federal budget.  There were microcredit schemes for rural, mountainous people.

Another delegate said prostitution was illegal in the country, but hidden or underground prostitution did exist, owing to the impact of the consumer economy.  To counter that, the Government tried to provide education and employment for everyone.  The legal age for marriage had been raised to 18.

Experts’ Comments and Questions  

Ms. HALPERIN-KADDARI, expert from Israel, asked the delegation to elaborate on the divorce process and the length of divorce proceedings, and whether the practice of penalizing the spouse deemed at fault for a divorce might be eliminated when determining divorce settlements.  What was the definition of joint property in divorce settlements?

Country Response

A village chief could grant a divorce.  If a divorce settlement case was brought to a court, the judge would ask the couple to think it over for three months before granting it to them.  A spouse convicted of adultery only received one third of the joint property in a divorce settlement. 

Committee on Elimination of

Discrimination against Women

Chamber A, 890th & 891st Meetings (AM & PM)

BHUTAN HARMONIZES SPECTRUM OF DOMESTIC LAWS WITH WOMEN’S ANTI-DISCRIMINATION
CONVENTION, CREATES FIRST EVER SCHEME FOR GENDER EQUALITY, EXPERT BODY HEARS

Following Bhutan’s historic transition last year to a democratic constitutional monarchy, the South Asian nation had harmonized a myriad of domestic laws in accordance with the women’s Convention and created its first national action plan to ensure gender equality in all aspects of economic, political and social life, Bhutan’s Minister of Foreign Affairs said today. 

Presenting his country’s seventh periodic report to the expert Committee on the Elimination of Discrimination against Women, Lyonpo Ugyen Tshering, who headed the 10-member Bhutanese delegation, expressed his Government’s full commitment to improving women’s status.  “We want to ensure that a culture of gender equality is preserved and strengthened and that any prevailing anomalies do not become accepted norms,” he said. 

Articles 7 and 9 of Bhutan’s first written Constitution, adopted last year by the country’s first elected Parliament, guaranteed and protected women’s rights, as did the 2004 Penal Code, the 2007 Labour Employment Act and other key legislation, he assured the Committee’s experts, who monitor compliance with the Convention on the Elimination of All Forms of Discrimination against Women.  Plus, lawmakers were busy hammering out bills on child care and protection, adoption and domestic violence, to be presented to the National Assembly later this year. 

The Government had made gender a cross-cutting theme for the first time, in the Five-Year Plan for national development, and it had installed gender focal points in the Gross National Happiness Commission and the National Commission for Women and Children, he said.  Women were also asserting themselves, participating in all walks of life, including politics, in increasing numbers. 

Committee experts lauded those steps, but expressed concern over persistent patriarchal roles and values that discriminated against women and fed the so-called “culture of silence” over the domestic violence women suffered.  They wondered if the Government was preparing law enforcement and the judiciary to tackle gender-based violence and appropriately assist victims, and whether girls and women, particularly in remote areas, had access to education and health care.

In response, delegates said the National Commission for Women and Children had conducted national training programmes with judges, police officers and civil society, sending them to Thailand, Sri Lanka, Japan and other countries for that training, with the help of United Nations funding.  It had also held national consultations on how women’s issues were addressed through the police and judicial proceedings, as well as workshops on domestic violence and sexual harassment in the workplace.  The tenth Five-Year Plan focused on incentives to recruit teachers in rural areas.  Moreover, education and health care throughout the country, including in remote mountainous areas, were free and a constitutional right. 

The Committee will meet again in Chamber A at 10 a.m., on Friday, 24 July, to consider the seventh periodic report of Lao People’s Democratic Republic.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) met today to consider the seventh periodic report of Bhutan (document CEDAW/C/BTN/7).

The Bhutanese delegation was headed by Lyonpo Ugyen Tshering, Foreign Minister, and also included Lhatu Wangchuk, Permanent Representative of Bhutan to the United Nations; Nima Ome, Deputy Permanent Representative of Bhutan to the United Nations; Jangchuk Norbu, Judge, Bench II, Thimphu District Court; Tshewang Dorji, Counsellor, Permanent Mission of Bhutan to the United Nations; Kunzang Lhamu, Head, Research Evaluation Division, Gross National Happiness Commission (GNHC); Sonam Tobgay, Head, Programme for Public Administration, Ministry of Foreign Affairs; Rinchen Chophel, Executive Director, National Commission for Women and Children (NCWC); Norbu Gyalsthen, Programme Officer, NCWC; and Yandey Penjor, Executive Director, Youth Development Fund.

Introduction of Report

Presenting the report to the Committee, which monitors States parties’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Mr. TSHERING said that despite capacity and resource constraints, Bhutan had made an extra effort to present its seventh periodic report on time.  He thanked the Committee for allowing Bhutan to defer its presentation from January to July, as many historic events in Bhutan in late 2008 had prevented the Government from making adequate preparations for the January session.  Since it last reported to the Committee in 2004, Bhutan had given priority to the Committee’s valuable recommendations and used them as a basis for initiatives to promote and protect women’s rights. 

Bhutan’s first written Constitution, adopted last year by the country’s first elected Parliament, was largely human-rights based, he said.  It guaranteed and protected the rights of all citizens and provided speedy and effective remedies if rights were infringed upon or violated.  Women’s rights were elaborated on in articles 7 and 9, which reinforced existing legislation concerning women.  Bhutan had harmonized domestic laws with most provisions of the Convention, adopting the 2004 Penal Code and other legislation.  A child-care and protection bill, adoption bill and a domestic violence bill were being tabled.  Their enactment in the near future would further strengthen legislation for protecting and promoting women’s rights.  In 2007, Bhutan adopted the Civil Society Organizations Act to promote greater participation of civil society.

Gender had been identified as a cross-cutting development theme for the first time in Bhutan’s tenth Five-Year Plan, he said.  Gender mainstreaming and generating gender-disaggregated data were integral to the Plan and an important part of the Government’s policy formulation protocol.  The Gross National Happiness Commission (GNHC) and the National Commission for Women and Children were supported by a network of gender focal points in all sectors, including in the armed forces.  An entire chapter of the tenth Five-Year Plan was devoted to women and development.  Bhutan had developed for the first time a National Plan of Action for Gender, which highlighted progress and identified challenges in promoting and achieving gender equality in critical areas.  That action plan was a reference document for all sectors concerning gender mainstreaming.

He said his Government was fully committed to improving the status of women, adding, “We want to ensure that a culture of gender equality is preserved and strengthened and that any prevailing anomalies do not become accepted norms”.  The Government was determined to promote gender equality in economic, social and political spheres, and efforts were under way to enable women to participate in governance, business and civil society.  Women in Bhutan were continuing to assert themselves, participating in all walks of life, including politics, in increasing numbers.  Both political parties had women candidates.  Women held 13.88 per cent of all parliamentary posts.  Of the 79.4 per cent voter turnout during the last elections, women comprised 54.2 per cent of voters.  Women members of both political parties had actively campaigned throughout the country, raised awareness of women’s issues and encouraged women to participate in the political process.  Hopefully, their role in Government and in the political process would grow. 

The Government was fully committed to enforcing laws related to women in order to safeguard women’s rights, he said.  Special efforts were being made to increase girls’ and women’s school enrolment at all levels, and to reduce school drop-out rates among young girls.  The National Commission, set up in 2004, was granted full autonomy by the democratically-elected Government.  It coordinated, monitored and implemented activities under the women’s Convention and the Convention on the Rights of the Child, as well as provided a forum for receiving and investigating violations of the rights of women and children.

While Bhutan was committed to the Convention, as a small, landlocked and least developed country, it faced many challenges, he said.  Financial constraints impeded it from greater activities that could further improve the lot of its people.  Harsh mountainous terrain and highly-dispersed settlements increased development costs and considerably challenged social service delivery.  Within its financial and human resource constraints, Bhutan had invested in efforts to implement the Committee’s recommendations in collaboration with relevant Government agencies, civil society organizations and development partners. 

He said 2008 had been a historic year, beginning with a smooth, successful transition to a democratic constitutional monarchy, followed by the Coronation of His Majesty the Fifth King.  The elected Government had repeatedly stated that its primary task was to build a firm foundation for a sustainable, vibrant democracy.  Bhutan’s political transformations were steps in the right direction, and the focus on women would be strengthened.  Concerning the situation of the people in camps in Nepal, his Government was fully committed to finding a lasting solution to the problem through the bilateral process, based on agreements reached between the Bhutanese and Nepalese Governments.  The region, however, remained unstable. He hoped that with new Governments in both countries, the process would receive the necessary political support.

Experts’ Comments and Questions

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, asked for data on the number of complaints of violations of women’s rights.  What follow-up action had been taken?  The National Commission for Women and Children had been upgraded to an autonomous and independent agency, she noted, asking how it functioned.  Did it have a core of professional staff?  She asked the delegation to elaborate on the tenth Five-Year Plan’s special chapter devoted to women and development.  Were there focal points throughout the country, including in rural areas, to promote women’s and development issues?

CORNELIS FLINTERMAN, expert from the Netherlands, asked if the new Constitution provided for the primacy of the Convention and other international conventions over conflicting domestic laws.  If not, what was the legal status of the Convention in the domestic legal order?  Could women invoke its provisions in the courts?  Could judges apply its articles?  Should article 7 be interpreted in such a way that it included equality between men and women?  Was the list of non-discrimination grounds in article 7 meant to be exhausted?  Would the Gender Equality Law include a definition of discrimination in line with the Convention?  He called on Bhutan to ratify the Optional Protocol.  Had the Government involved civil society organizations in preparing its country report?  What could the Government do to create a greater understanding of the nature and need for temporary special measures, among Government officials, the general public and civil society organizations?

YOKO HAYASHI, expert from Japan, asked how the general public perceived the articles of the Constitution.  Were they well informed of that reform?  What were Bhutan’s priority areas for building capacity?  Were there any future plans to set up a separate organization for gender-related services so that the National Commission could focus on policy-related functions?  She took issue with the name of the National Commission, saying that calling it a commission for women and children, rather than just women, risked sending a message that only women with children were valued.  

FERDOUS ARA BEGUM, expert from Bangladesh, asked about the link between Gross National Happiness and eradicating gender stereotypes, reducing gender-based violence and promoting women’s empowerment.  What was being done to promote gender equality in school curricula?  Was there a timeline to adopt a law on domestic violence? 

SILVIA PIMENTEL, expert from Brazil, asked if the Committee’s recommendations concerning gender-based violence had led to policy changes in Bhutan and whether there had been tangible results. 

VICTORIA POPESCU, expert from Romania, said that despite the Gross National Happiness initiative, women still lacked parity with men in family and professional life.  Patriarchal roles and values were still dominant, as was the so-called “culture of silence” of the domestic violence women suffered.  Did the National Action Plan for Gender 2008-2013 have specific targets to erase gender stereotypes?  

SAISUREE CHUTIKUL, expert from Thailand, said it was an opportune time for the Bhutanese Government to work with mass media, as the country’s two heads of media were women keen on promoting women’s empowerment.  She noted gender stereotypes in advertisements for products and “help wanted” advertisements.  Was the media State-owned?  Was the role of fathers in child rearing discussed in Bhutanese homes?  Were there parenting education classes?  Was the National Commission encouraging activities to promote better understanding between the sexes?  Would the Government revise the definition of prostitution, particularly as it concerned women trafficked for sexual exploitation?  What steps were being taken to sensitize law enforcement to trafficking?  As of 2006, women represented just 0.04 per cent of the police force.  Did trafficking victims have legal and technical assistance?  What was the Government doing to reduce the demand for trafficking, particularly from the victims’ countries of origin?

Country Response

Mr. TSHERING said Bhutan was in the nascent stages of developing a State based on the rule of law and a rights-based legal regulatory framework.  Almost 120 different acts had been enacted since the democratic Government took power, and another 20 bills were pending.  Bhutan was committed to the women’s Convention and the Convention on the Rights of the Child.  The country had experienced 30 years of growth.  Economic opportunities had expanded and lifestyles had changed.  Still, new stereotypes had arisen and old ones had been perpetrated.  Those changes should be taken into account, including when looking at regional and international conventions. 

Another delegate said the National Commission previously functioned through a sectoral ministry, limiting its ability to function and implement the women’s Convention and the Convention on the Rights of the Child.  It also had a skeletal staff.  In 2008, the Government reviewed its roles and functions and decided to upgrade it to an independent, autonomous body, and its chairperson to the status of cabinet minister.  Since then, it had started a separated chapter for women and development under the Five-Year Plan.  Various divisions had been created to focus on such areas as children and women, legal issues and complaints. 

Regarding the National Commissions’ membership, he said it was broad-based, with members from the Government, including the armed forces, as well as civil society and the private sector.  The National Commission did not have individual representation at the local level, but talks were under way with different Government ministries to strengthen it.  Twenty-four legal officers were now being trained to serve as local contact points of the National Commission.  The Government was looking at how best to strengthen local mechanisms on the ground of non-governmental organizations and to better coordinate efforts with them.

Since 2006, the National Commission took the first case of trafficking to court, as part of its mandate to redress violations of the rights of women and children, he said.  It had a 98 per cent conviction rate for offenders.  Training programmes had been established for judges and police officers.  The Government was now expanding women and child protection units, and would set up desks in all police units to address women’s and children’s rights issues.  Since 2005, more women had entered the police force.  Of the 22 staff in the police force’s women and child protection unit, 16 were women.

Regarding the role of the National Commission to protect and promote women’s rights, he said it had conducted national training programmes with judges, police officers and civil society, sending them to Thailand, Sri Lanka, Japan and other countries for that training, with the help of United Nations funding.  The Government had held national consultations on women, children and development issues and how they were addressed through the police and judicial proceedings, as well as a workshop on domestic violence and sexual harassment in the workplace.

Regarding trafficking, Bhutan was a small country with 700,000 people widely dispersed throughout its territory, he said.  Because of that, it had been believed for years that it was not affected by trafficking.  But in recent years, that was found not to be true.  Bhutan had a large porous border with India.  Its economy was doing well and purchasing power had improved.  There was more of a basis for trafficking of domestic help than for sexual exploitation and organ transplant.  The Government had not conducted any specific studies, but it had initially addressed the issue by drafting a domestic violence bill.  The Royal Police was also doing an in-depth analysis on missing persons.  In September, it planned to hold cross-border consultations with different Government agencies and non-governmental organizations in India to explore ways to address trafficking.

Continuing, he said Bhutan was a signatory to the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.  In late May, it had finalized a standard regional plan for trafficking.  The 2004 Bhutan Penal Code had specific provisions concerning trafficking.  The country had conducted two investigations on trafficking since the code was adopted.

When the National Commission was set up in 2004, it was believed that it could deal with ratification of both the women’s Convention and the Convention on the Rights of the Child, which it had, he said.  The National Commission had been able to strengthen the rights of women and children by staying part of the Government and by redefining laws and policies.  It had a legislative task force to prosecute violators of women’s rights.  It was required to report to the Prime Minister on judicial issues, to the Chief Justice on legal issues, and to the Speaker of the National Assembly on legislative concerns. 

Further, in the last four years, it had conducted many reviews, resulting in the drafting of bills on child protection, adoption and gender violence.  Parliament was finalizing the child protection bill and the adoption bill and would submit them to the National Assembly in September.  Following that, the domestic violence bill would be submitted.  The 2007 Labour Employment Act dealt with sexual harassment in the workplace.

Another delegate said Bhutan was a small country and it only had seven judges.  Concerning the status of international conventions vis-à-vis the Constitution, he said he was part of a committee that reviewed the Constitution.  The status quo of conventions had been explicitly incorporated into the Constitution.  The High Court and Supreme Court were given the power to interpret conventions.  There were no reservations to the women’s Convention.  Under article 7 of the Constitution, any citizen could file a complaint before a court of law on human rights violations.  Women could in fact file cases in the court that invoked the women’s Convention.  He was in the process of drafting the domestic violence bill.  A stakeholders’ meetings would be held in September.  The bill should be tabled by the 2010 summer session of Parliament. 

Mr. TSHERING said Bhutan went from having one newspaper printed twice a week to having four newspapers printed daily.  All newspapers were privately owned.  The Government owned the national television network.  Forty per cent of the news reporters were young women starting their careers.  Radio stations were private and largely featured entertainment rather than news.

Regarding the chapter on women and children and development in the Five-Year Plan, another delegate said it mandated that each sector mainstream gender into its activities and have sex-disaggregated data.  The chapter was closely linked with the National Plan of Action on Gender and its strategies to improve the lot of women in terms of health, employment, education and human rights, among other areas.

Mr. TSHERING said that the Parliament had very recently approved the two Optional Protocols to the Convention on the Rights of the Child, and that he would push for its approval of the Optional Protocol to the women’s Convention.

Experts’ Comments and Questions

Ms. POPESCU, expert from Romania, said obstacles still existed for women to hold political decision-making posts, particularly for older women who lacked the university degrees required for National Assembly posts.  She suggested that the Government use temporary special measures to ensure women candidates for Parliament and other political posts.  What was the number of women in senior posts in Government ministries and how many were involved in Bhutan’s overseas diplomatic missions?  There were only two women heads of village. 

Country Response

Mr. TSHERING said that requiring a university degree to hold a political post was a forward-looking approach, but Bhutan would look at that situation carefully in order to bring more women into the political fray.  Women held 38 per cent of professional posts in the foreign service, he added. 

Experts’ Comments and Questions 

Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, asked about the women’s literacy rate.  What was the situation of early marriage in Bhutan?  Could young mothers return to school after having a baby?  Was there sex education in schools?  Were schools in rural areas built inexpensively and was their sufficient transport so that all children had access to them?  What incentives were there to help girls from poor, rural families attend school?

Ms. ARA BEGUM, expert from Bangladesh, said young girls who were employed as domestic workers often worked long hours for little pay.  There was a need to protect those exploited girls and ensure that they received an education.  The country report stated that sexual harassment in the workplace was on the rise.  What Government measures existed to end that?  

Ms. AROCHA DOMINGUEZ, expert from Cuba, asked for more information on women’s overall health, saying the country report focused mainly on maternal and reproductive health.  How was the early diagnosis of breast and ovarian cancers done?  How was sexual education pursued outside of schools?  What kind of organizations existed for health-care workers in the communities? Despite the wider availability of contraceptives, the number of unwanted pregnancies remained high.  What emergency services were available for women, particularly in remote mountainous regions, for complications during pregnancy and childbirth?

Ms. PIMENTEL, expert from Brazil, said the country response stated that 30 per cent of all HIV infected people were under the age of 25, with more than half of them women.  What measures was the Government taking to eradicate that calamitous spread of infection?

Ms. HALPERIN-KADDARI, expert from Israel, said the country report had scarce information about women’s welfare and social benefits. It was apparent that there was a feminization of poverty in Bhutan.  What was the exact situation of households led by women and the situation of older women and women in precarious situations?  What was the Government doing to provide social benefits to home-care workers, who were largely women?

Country Response

A delegate said that the adult literacy rate was 53 per cent, and was lower for women than for men, particularly in rural areas.  The tenth Five-Year Plan provided for literacy programmes.  Regarding incentives for poorer families to send their daughters to schools, some non-governmental organizations were purchasing uniforms and school supplies.  Girls were allowed and accepted at school after they had children.  The tenth Five-Year Plan focused on incentives to recruit teachers in rural areas.  The Government was drafting the Population Perspective for Bhutan, which included adolescent sex education.

Another delegate said that, since 2004, the number of primary community schools had increased.  Gender parity had been achieved in secondary schools in many areas.

Another delegate said a study on sex education and a study on girls’ enrolment in secondary schools were under way.  Health and education were free in Bhutan.  The Labour Employment Act had specific provisions to address sexual harassment in the workplace.  Regarding health care, Bhutan had more than 90 per cent net immunization coverage and an extensive network of outreach clinics in various places.   The concern was not over poor health care in remote areas, but in urban centres.  Bhutan was very much in line to work towards and achieve the Millennium Development Goals.  Its Millennium Development Goals report had a specific chapter on health and HIV/AIDS.  Uterine and cervical cancer screening was well-established, but screening was not as good for breast cancer.  A high-risk pregnancy monitoring system was in place in remote areas.  There was a fairly well-established network of centres that provided HIV testing and counselling services and anti-retroviral therapies.  Due to the success of health centres, the Government was trying to replicate services in other areas.

Another delegate said all women had the right to inherited property, regardless of her marital status.

Mr. TSHERING said the Government’s goal was that, within four years, all children would live within a one-hour walk from school.  It also aimed to staff all schools nationwide with a sufficient number of teachers.  Within eight months, it aimed to have nationwide cell-phone access.  The Government sought to keep health-care services free, but it was finding it difficult to offer specialized care.  It had committed to paying to send patients overseas for such care, when needed.

Experts’ Comments and Questions

Ms. HALPERIN-KADDARI, expert from Israel, expressed alarm over the practice of requiring children of divorced of parents to decide at the age of nine with which parent they wanted to live.  Were pension rights and work-related insurance considered joint property?  Were divorced women compensated for the work they provided in the home?  Did women in unregistered marriages have the same rights of women in registered marriages?

Country Response

Concerning dispute resolution mechanisms, a delegate said courts directed people to settle divorce disputes out of court through an intermediary.  When a couple divorced, the mother was given custody of children under the age of nine.  It was believed that the mother would provide the best care for children in those circumstances.  But if a mother was incapacitated, the father was given custody of the child.  There were no restrictions on unregistered marriages and rights of people in them. 

Another delegate said that the National Commission was trying to determine a monetary value on women’s non-financial contribution during marriage and how to use that to assess her financial rights in cases of divorce.  The Government was trying to determine what was appropriate for children, as concerned divorce and other circumstances, to be addressed in the child care and protection bill.  

Experts’ Comments and Questions

Ms. ARA BEGUM, expert from Bangladesh, asked if Bhutan provided both modern and traditional medical services free of charge.

Country Response

A delegate said health, including maternal health care services, and education were free and constitutionally-guaranteed.  The concept of cost-sharing was being introduced, in which patients paid at least some sort of user fee for tertiary care services, which were not available at home or were extremely expensive, and for which patients were sent abroad at the Government’s expense. 

Closing Remarks

Mr. TSHERING said the delegation had benefited from the collective wisdom of the Committee and its succinct, specific questions.  It had enabled Bhutan to learn about international best practices, particularly at a time when it was working to build a State based on human rights and democracy.

Ms. GABR, noting that the delegation had stated that national law superseded the Convention and other international treaties, implored Bhutan, at a minimum, to harmonize national laws with the Convention. 

Committee on Elimination of

Discrimination against Women

Chamber A, 888th & 889th Meetings (AM & PM)

AS WOMEN’S ANTI-DISCRIMINATION COMMITTEE BEGINS REVIEW OF COUNTRY REPORTS, SPAIN
BOASTS SWEEPING LEGISLATIVE CHANGES, FACING PROBLEMS ‘WITHOUT EMBARRASSMENT’

Spain had made sweeping moves to empower and legally protect women since Prime Minister Jose Luis Zapatero took office in 2004, including enactment of laws to erase gender inequality and gender-based violence, as well as action plans to help the country’s most socially and economically vulnerable women gain access to health care, education, employment and housing, Spain’s first ever Minister of Equality, Bibiana Aido Almagro, said this afternoon.

“We are aware that violations of women’s rights will not disappear just because we do not talk about them, so we have chosen to make our problems fully visible and to face them without embarrassment,” Ms. Aido said.

Presenting her country’s sixth periodic report to the Committee on the Elimination of Discrimination against Women, Ms. Aido, who headed the 12-member Spanish delegation, said her Government wanted to build a fair and sustainable society.  That required putting equality policies into practice.

The 2007 Law of Effective Equality between Women and Men introduced into the legal framework basic concepts for gender mainstreaming, combating gender discrimination and harassment, as well as legal consequences of discriminatory behaviour such as the right to effective reparation and compensation, and legal processes, she said.  It also created administrative bodies to develop equality policies and had resulted in amendments to 27 other laws concerning such issues as employment, social security, health, education, asylum and the armed forces to reflect a gender perspective. 

The 2004 Law for Integrated Protection Measures against Gender Violence provided a legal response to the most brutal proof of inequality between the sexes, she said, stressing that violence against women was still an intolerable reality, regardless of a society’s economic development.  “The fact that this was the very first law passed by the Council of Ministers [since Mr. Zapatero took office] showed not only the Government’s concern for the problem, but also that for the first time gender violence would be considered as a problem of public interest, that it had stopped being a personal or private matter and had passed to the top of our country’s political agenda,” she said.

She said the Law aimed to prevent violence and assist victims, while introducing such innovative steps as specialized courts to address violence perpetrated by men, a system of electronic devices to monitor aggressors and a Royal Decree to set up employment programmes to help victims of violence re-enter the professional world.  Since its passage, financial and technical resources to help abused women had expanded, as had the number of abuse claims filed, while the number of murdered women had dropped.  Still, much more must be done.  During its upcoming European Union presidency, Spain would lobby for common indicators and strategies throughout Europe to combat violence against women.

While lauding those steps, experts of the Committee -– which monitors States parties’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women -– took issue with the limited rights and opportunities for Roma and migrant women in Spain and statistics on them, gender stereotyping in the media, and the low percentage of women in business boardrooms, just over 8 per cent at present.  Some experts expressed concern over the country’s status as a transit nation for women trafficked for sexual exploitation, and asked if women victims of trafficking –- overwhelmingly foreign women from Latin America, Eastern and Central Europe, and Africa -- were in fact receiving the protection and assistance they needed.

Responding to those concerns, delegates said the Government’s anti-trafficking project had 62 specific programmes and a 44 million euro budget for 2009 to combat mafias, protect victims, assist them free of charge in their own language and raise social consciousness about the problem.  The Government was also gathering statistics on the matter to better understand its scope.  It had many measures to assist Roma women, among them free legal counsel, integration programmes that taught Roma women good practices for health care, sanitation, food and nutrition, and strategies to positively reinforce Roma images in school and encourage Roma children to attend extra curricular activities. 

The Committee will meet again in Chamber A at 10 a.m., on Thursday, 23 July to consider Bhutan’s seventh periodic report.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) met today to consider the sixth periodic report of Spain (document CEDAW/C/ESP/6.)

The Spanish delegation was headed by Bibiana Aido Almagro, Minister of Equality.  It also included, from the Ministry of Equality:  Isabel Martínez, Secretary General for Equality Policy; Fernando Fernández Arias, Chief, International Relations Section; Cecilia Payno, International Relations Section; Virginia Sánchez, Press Officer; and Miguel Lorente, Government Representative for Violence against Women; as well as María Jesús Alonso, Ambassador at Large for Gender Issues, Ministry of Foreign Affairs; Jesús Casas, General Director, Ministry of Environment, Rural Issues and the Sea; Rosario Ruiz, Ministry of Justice; Dolores Linares, Adviser, Ministry of Health; Maria del Puy, Secretary of State, Ministry of Interior; and Elisa de Santos, Counsellor, Embassy of Spain in Washington, D.C.

Introduction of Report

Presenting the report to the Committee, which monitors States parties’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Ms. AIDO said she was Spain’s first Minister of Equality.  The Ministry’s creation last year had been a principal milestone in the political process launched in 2004 that had made equality a primary political activity of the Government.  The Ministry had been created in accordance with recommendations made in the Beijing Platform for Action and by the committee to implement gender equality policies and mainstream gender into all Government activity.

In the past five years, Spain had enacted innovative gender-related legislation, created concrete gender policies and specific action plans, and mainstreamed gender issues into Government activities at home and abroad, she said.  During the previous parliamentary session, lawmakers had passed laws on same-sex marriage, gender violence and effective equality between men and women.  During the current parliamentary session, lawmakers would consider a draft law on equality of treatment and non-discrimination, on which her Ministry was working.

Ms. Aido expressed her pride in being part of the first Government with sexual parity in Spain’s history; it had more female than male ministers.  Spain’s two Vice Presidents -- one focused on politics, the other on the economy and finance -- were women, as were Spain’s Defence Minister and President of the Constitutional Court.  That parity had not just translated into more women in politics, but also a change in the political priorities.  Spain had significantly advanced women’s political participation.  In all State institutions, the National Parliament, the Autonomous Regions’ Legislative Assemblies and local government, women’s presence was approaching balanced representation, established by the Law of Effective Equality, which stated that neither sex should have less than 40 per cent or more than 60 per cent representation.  Since passage of that law, 2,000 women counsellors had joined local government.  Women’s representation in business boardrooms, however, had risen at a slower pace, from 3 per cent in 2005 to more than 8 per cent at present.

When the Zapatero Administration had assumed office in 2004, the first draft law presented to Spain’s Parliament had been the Law for Integrated Protection Measures against Gender Violence, providing a legal response to the most brutal proof of inequality between the sexes, she said.  Violence against women remained an intolerable reality despite society’s economic development. 

“The fact that this was the very first law passed by the Council of Ministers showed not only the Government’s concern for the problem, but also that for the first time gender violence would be considered as a problem of public interest, that it had stopped being a personal or private matter and had passed to the top of our country’s political agenda,” she said.

That law aimed to prevent, protect and adequately assist all victims, punish aggressors, and eradicate gender violence, she said.  It introduced innovative measures such as an integrated judicial approach, which included, among other elements, the creation of specialized courts to address violence perpetrated by men.  The law was complex and put responsibility on all national, regional and local administrations and on society at large to become involved.

Since the law took effect, the General State Administration had invested more than 1 billion euros on measures to combat violence perpetrated by men, among them, a system of electronic devices to monitor aggressors, she said.  The Government recently passed a Royal Decree to create specific employment programmes for victims of violence to help them re-enter the professional world.  Greater efforts were needed to train professionals, especially judges, who dealt with women victims, and to create greater social awareness and involvement.

The 2007 Law of Effective Equality between Women and Men, which built on the Law against Gender Equality, sought to achieve genuine equality between men and women, combat direct and indirect sexual discrimination, and remove obstacles and social stereotypes that stood in their way, she said.  The law was multidimensional and had led to the modification of 27 other laws, among them, the electoral law, the worker’s statute and other laws concerning employment, social security, health, education, asylum, the armed forces and State security forces.  Other legislation, such as the penal and tax laws, would also be reformed to reflect a gender perspective. 

The Law of Effective Equality introduced basic concepts into the legal framework, such as the principle of mainstreaming, direct and indirect discrimination, sexual harassment, and gender-based harassment, she said.  And it established legal consequences of discriminatory behaviour, the right to effective reparation and compensation, and the ability to intervene in legal processes in cases where the principle of equality had been contravened.  Further, the Law created new administrative structures for developing equality policies, such as the Delegate Commission for Equality Policies and the Inter-ministerial Commission for Equality, which coordinated the Strategic Plan for Equality of Opportunities.  All ministerial departments had Equality Units, and there were gender-impact reports on all new laws, decrees and Government plans.

For the first time, the State budget this year included a gender impact assessment report, she said.  The Sectorial Conference of Equality met regularly to coordinate the work of the Autonomous Regional Governments, many of which had passed their own equality laws.  The Council for Women’s Participation worked with women’s organizations and non-governmental organizations.  In March 2010, Parliament would review the Law of Effective Equality, which recognized the right to social protection and the responsibility of companies to negotiate equality plans to end gender-based workplace discrimination.  To enforce those rights, the Work and Social Security Inspectorate, in cooperation with the Autonomous Regional Governments, had launched a 2008-2011 action plan to monitor equality between men and women in business. 

Fifty per cent of Spain’s female population was now economically active, she said, and efforts would continue to boost that figure to 60 per cent, as established by the Lisbon Strategy for all European Union countries.  Since inception of the Law of Effective Equality, 80 per cent of fathers had taken advantage of the two-week paternity leave, which would be extended to one month in 2011.  Spanish legislators were working on a draft law concerning sexual and reproductive health and voluntary termination of pregnancy, which aimed to bolster legal guarantees for women who chose to terminate their pregnancies, and the professionals who cared for them.  It also aimed to reduce the number of unwanted pregnancies and abortions, which had increased in the past decade.  Lawmakers were also planning to draft a national strategy on sexual and reproductive health, which promoted sex education and greater access to contraception.

She said that the draft Law of Equality of Treatment and Non-Discrimination sought to eliminate all forms of discrimination on the grounds of race, religion, age, disability or sexual orientation.  It would include a gender perspective and it would define “multiple discrimination”.  Laws in themselves, however, were not enough.  Spain had enacted various action plans as well, including on human rights; equality of opportunities, which focused on women’s empowerment and gender mainstreaming; and on combating trafficking in human beings for sexual exploitation, which focused on awareness, prevention, education and training, victims’ assistance and protection, and legal and procedural measures.   

Spain had also ratified the 2005 Council of Europe Convention on Action against Trafficking in Human Beings, she said.  It would provide women victims of trafficking free legal aid in their own language, housing, social assistance and a monetary allowance for 30 days.  The federal Government, in coordination with the Autonomous Regional Governments, was working to develop suitable protocols and build social awareness of the issue, including through prevention measures in the countries of origin of the female victims.  To assist immigrant women and other socially and economically vulnerable women, the Council of Ministers had passed such measures as the Plan to Favour Equality between Men and Women in the Rural Environment, and action plans for women with disabilities, migrant and immigrant women victims of gender violence, and Roma women, with a particular focus on access to health, education, employment and housing.

Spain was deeply committed to the Millennium Development Goals as a way to improve the lot of women worldwide and to create a fairer, more equal world, she said.  Spain had made a clear commitment to international cooperation and development.  Its official development assistance (ODA) had risen to 126 million euros.  The 2009-2012 Spanish Master Plan for Cooperation had committed to earmark 9 per cent of ODA for gender concerns and 6 per cent for health, with a particular emphasis on sexual health and reproductive policies.  Spain had also developed an action plan to implement United Nations Security Council resolution 1325 (2000) on women, peace and security, and it had incorporated the subsequent Council resolution 1820 (2008). 

Spain had significantly increased voluntary contributions to various funds and programmes dedicated to equality and women’s empowerment, she said.  For example, last year it had created a multi-donor fund through the United Nations Development Fund for Women (UNIFEM) to promote and finance gender-equality policies in countries in development, with an initial contribution of 50 million euros.  During its term as President of the European Union during the first half of 2010, Spain intended to make equality a main goal of its work programme.

In closing, she said that “We are aware that violations of women’s rights will not disappear just because we do not talk about them, so we have chosen to make our problems fully visible and to face them without embarrassment”.  The Spanish Government wanted to build a fair and sustainable society.  That required putting equality policies into practice.

Experts’ Comments and Questions

CORNELIS FLINTERMAN, expert from the Netherlands, lauded Spain’s creation of the Ministry of Equality and passage of the Organic Law 3/2007 on Effective Equality for Men and Women.  Was there a timeframe to withdraw legislation governing succession to the Spanish Crown and thereby set an example for other States parties?  For that reason, were the earlier rules on titles of mobility considered discriminatory?  How did the federal Government in Madrid ensure full implementation of the Convention nationwide?  What measures could the Government take if a specific autonomous region was falling behind? 

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, asked about the number of complaints the Women’s Institute had processed regarding discrimination.  How was the effort to eliminate discrimination against young women coordinated among the relevant ministries?  Since the 2007 Organic Law on Effective Equality was quite recent, why was Spain drafting a new law on equality of treatment and non-discrimination?  The country report stated that public statistics must include gender variables, but there was a visible lack of some indicators on rural women, gypsy women, immigrant women and women with disabilities.  She asked the delegation to elaborate on statistics in that regard and programmes to help those women.

VICTORIA POPESCU, expert from Romania, asked if the Law on Effective Equality was national in scope.  Did it apply to the autonomous regions?  What happened in those regions that had not adopted their own equality policies?  Did the various Government ministries dealing with gender issues reach out at the local level, and how were they coordinated to ensure a cohesive approach?  Was there a coordinating and monitoring mechanism for the Strategic Plan for Equality of Opportunities, and what penalties existed for non-compliance with the plan?  Referring to paragraph 1 of the Convention’s article 4, she asked for concrete examples of temporary special measures for Roma and migrant women, and women with disabilities.

Country Response

Ms. AIDO said that according to the Spanish Constitution, consent from parliament and society was needed to change the rules governing succession to the Spanish Crown.  At present, there was no consensus to take on the necessary constitutional reform. 

Another delegate said the first law on titles of nobility clearly established that men and women had the same rights of succession and that gender could not be used as grounds for discrimination.  The second law dealt with issues of Royal Decree concerning excluding women from titles of nobility.  It had in fact been applied retroactively, effective 27 July 2005.

Concerning gender legislation in autonomous regions, another delegate said that the regions had similar rules concerning such areas as education and public policy.  The Law on Effective Equality imposed responsibilities on national, regional and local Governments.  Autonomous communities could draw up their own equality laws, and some had done so.  The autonomous community of Andalusia had also reformed its electoral law, which was slightly different from the federal electoral law. 

In terms of articles of the Convention being incorporated into Spanish law, another delegate said the sentence 12/2008 of the Constitutional Court aimed to equally balance the number of women and men holding constitutional law posts.  Sentence 59/2008 of the Constitutional Court referred to article 153/1 of the Criminal Court, which established harsher penal sanctions for men than for women who were found guilty of assault or domestic violence.  The Constitutional Court found that men’s conduct tended to be harsher than women’s, thus the longer sentences for men. 

Regarding the need for a new equal treatment law, Ms. Aido said her Ministry was working on that legislation and it was conducting a comparative law study.  The aim was to standardize the level of protection for all forms of discrimination nationwide. 

Concerning the Women’s Institute, another delegate said it was competent to lend free legal assistance to women on such issues as divorce and discrimination in the workplace.  Periodically, statistics were published, most recently on legal assistance.  They would be included in the periodic report to be drafted in March.  The Ministry of Equality was working with the diverse range of women’s associations in Spain to achieve women’s empowerment and equal rights.

Experts’ Comments and Questions

YOKO HAYASHI, expert from Japan, asked how Spain combated stereotypes in the media and society, particularly concerning Roma women.  What was the role of the Advisory Commission?  Could a woman bring a claim to anyone or any mechanism if she suffered from sexism in the media? 

FERDOUS ARA BEGUM, expert from Bangladesh, commended Spain for laws and access to justice concerning violence against women.  But violence against women, particularly migrant, foreign and Roma women had not decreased.  She asked for statistics on women killed by their husbands, which were lacking in the report, and on the studies undertaken by the Women’s Institute on gender-based violence.  Were there shelters for women in rural areas and were their services free?  How were elderly women protected from violence, abuse and neglect, particularly since illiteracy exacerbated their difficult circumstances?

SILVIA PIMENTEL, expert from Brazil, asked why women were still dying from gender-based violence, when Spain had adopted effective laws and sanctions against violence.  The patriarchal and chauvinist mentality of men was still prevalent.  Was there a specific strategy to change men’s mentalities? 

SAISUREE CHUTIKUL, expert from Thailand, said the country report stated that in 2006, there had been 546 complaints concerning sexist advertisements in the media.  How many complaints had there been in 2007, 2008 and thus far in 2009?  What action had been taken by the Government to address those complaints?  She asked for examples of criteria used to detect sexist ads.  Did the term “sexist” cover all forms of discrimination against women?  Did it cover the discriminatory display of women and other vulnerable groups in advertisements?  The country report stated that advertisers had approved the “action guide” to end discrimination.  Did that include their code of conduct? 

Were prostitution and trafficking addressed in separate laws or together in one law, and were both considered crimes?  Did the definition of trafficking concern prostitution and not other areas?  Were prostitutes and victims of trafficking housed in the same shelters?   Did the shelters serve as a one-stop shop for comprehensive service?  Did police treating women victims receive suitable training in the area of psychological counselling?  How did the Government address the demand side of trafficking and prostitution?  The country report stated that most prostitutes and victims of trafficking were foreigners.  What were their countries of origin?

On prevention, protection and punishment of trafficking in human beings, Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, asked for more details on sanctions against perpetrators.  As a transit country for human trafficking, she asked for more details on shelters for victims of violence and training for those who brought perpetrators to justice. 

Country Response

Ms. AIDO said Spain had made much headway in breaking down stereotypes in a short period of time.  It had more female than male ministers.  The Government was committed to further advancing that process.  Many instruments were now in place to eliminate gender stereotypes, including in the media.  She was well aware that following the adoption of the Law against Gender Violence, it had been essential to make the public aware of it.  The Government and the media had an important role in that regard.  All professionals working with abused women agreed that there was a “before” the law and “after” the law phase.  Following the law’s adoption, there were more resources to assist abused women.  The number of claims being filed had increased and the number of murdered women had dropped.  Still, much more must be done.  Society at large and family and friends must remain alert to violent situations and potentially violent situations.  During Spain’s European Union presidency, it would lobby for common indicators and strategies throughout Europe to combat violence against women.

Concerning trafficking in women, particularly for sexual exploitation, she said Spain had ratified the Council of Europe Convention on Action against Trafficking in Human Beings.  Spain was used as a transit country for sexual slavery.  Ninety per cent of women prostitutes in Spain were foreigners, and most were kidnapped or fooled into prostitution.   The Government’s anti-trafficking project aimed to combat mafias, protect victims and raise social consciousness and awareness about the problem.  It had a 44 million euro budget for 2009, and 62 specific programmes.  Victims were assisted in their own language.  The Government was gathering statistics on the matter to better understand its scope.

Another delegate said there had been a 20 per cent drop in violence against women since inception of the Law against Gender Violence.  Spain had a hotline for men wanting to learn more about equality policies or new ways to express their masculinity.  Since the Law’s inception, more men had been jailed for gender-based violent crimes and the average sentence for murder had increased by 14 per cent.  Clearly, there was a change in the institutional response to the crime that was linked to protection measures.  Spain had a nationwide network of safe houses for women victims of violence, where they could seek refuge and recuperate.  The shelters were managed by autonomous communities.  They provided free services for all women irrespective of their origin or status.

Regarding the definition of trafficking, another delegate said that had not been clearly defined in Spain’s criminal law in the past.  The Government’s planned reform would deem human trafficking a specific crime, regardless of the nationality of the victim.  By law, Spain provided free legal assistance to victims of trafficking.  Lawyers in the Ministry of Justice received continuous education on trafficking crimes and victims, as did civil servants, forensic pathologists and other professionals involved in assisting victims and bringing perpetrators to justice.

Another delegate said Spain was a transit country for trafficking women, particularly for sexual exploitation, from Brazil, other parts of South America and Africa.  It was a destination country for trafficking victims from Colombia, the Dominican Republic, Russian Federation, Ukraine, Czech Republic, Morocco and Nigeria, among other countries.  More than half the prostitutes in Spain were from South America, one third were from Europe -- mainly Eastern and Central Europe -- and the rest were from Africa, particularly Nigeria and Morocco. 

Experts’ Comments and Questions

RUTH HALPERIN-KADDARI, expert from Israel, noted that according to the country report the percentage of women in boardrooms was just 9 per cent.  Did the Law of Effective Equality apply to the private sector?  Were there any Roma women in senior and other Government posts?

Country Response

Ms. AIDO said companies with more than 250 employees had to develop equality plans.  The Government offered assistance to smaller companies to have incentives to motivate a greater presence of women and to strike a proper work-life balance.  Increasingly, businesses were developing equality plans. 

Another delegate said the Law of Effective Equality did not create quotas for women, but it had tried in the past year to encourage more equality for Roma women and give more prominence for those working to help them.  The Institute for Roma Culture was active in that regard. 

Experts’ Comments and Questions

DORCAS COKER-APPIAH, expert from Ghana, asked the delegation to clarify the measures adopted to address the high drop-out rate of Roma girls from school.  How did the State ensure that autonomous communities implemented measures adopted for positive action and support for Roma, migrant and immigrant women?  She asked for more information on migrant women’s access to education.

VICTORIA POPESCU, expert from Romania, asked for data disaggregated by region on unemployment among men and women.  Had the Government adopted gender-sensitive measures to address the different impact on men and women of the global financial crisis?  Had the crisis impacted the gender pay gap?  How many complaints had been filed in courts and how many of them had been resolved?

YOKO HAYASHI, expert from Japan, said the country report noted that 90 per cent of women chose part-time work due to time constraints in balancing family and work life.  What was the Government doing to promote full-time employment among women, and what incentives was it giving to businesses to hire women on a full-time basis?   What kinds of civil lawsuits had been filed in that regard? 

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, noted the high degree of discrimination against Roma and gypsy children in school and their high drop-out rate.  What programmes existed to overcome those stereotypes and the high drop-out rate?  She asked the delegation to comment on reports by non-governmental organizations over shortfalls in sexual education and reproductive health services for disabled women.

Country Response

Regarding labour matters, a delegate said Spanish women had joined the labour market much later than other women in the European Union.  As the number of women in academia had increased, the number of economically active women had risen from 39 per cent in 2004 to 51 per cent in 2009.  Men’s unemployment was 18 per cent; women’s unemployment was 16 per cent. 

Another delegate said in March, the General Secretariat of Employment and the Immigration Ministry published a report on the labour market, which she could make available to the Committee.  It showed that women were suffering less from the crisis, including immigrant women, whose employment rate continue to grow.  Women’s participation in the workplace had continued in all fields.  But the gender pay gap remained.  Data published by the Secretariat included 2008 statistics, showing that there were 10 million working.  Of the 1.5 million unemployed women, more than half were between 30 and 54 years of age.  The collapse of Spain’s construction industry, a largely male-dominated industry, had prompted the Government to engage in dialogue with trade unions, and employers associations had been valuable in identifying pay gap issues.  On Friday, the Government created labour inspectors in schools to ensure that recruitment professionals were taking into account social demands and to ensure that sex-based discrimination was addressed.

Another delegate said that in 1978, 9 per cent of the overall population in Spain and 68 per cent of its Roma population was illiterate.  Illiteracy was now negligible among the overall population, and 16 per cent for Roman women and 9 per cent for Roma men.  In Roma families, where many older relatives were illiterate, there was a low incentive for children to attend school.  The Government had worked to changed that by introducing enforcement of positive Roma images in school and encouraged them to attend extra curricular activities.  At present, 90 per cent of Roma children finished primary school and went on the attend high school.  

Another delegate said 54 per cent of recipients of education, social service and health-care programmes for Roma people’s development were women.  There were 30 programmes in the 2008 budget.  There were 2 million rural women in Spain, 2 per cent of whom had some links to a family farm.  As part of plan for women in rural areas, an observatory was created.  Ninety per cent of Spain’s population lived in urban areas.  The Government promoted microcredit services and the promotion of artistic and artisan projects of women in rural areas.  Businesses with best practices in gender equality were awarded prizes in the form of bonuses and preferential contracts with the Government.  

Ms. AIDO said as part of the Law on Effective Equality, pregnant women were more protected than ever in the labour market, with paid maternity leave.  She shared the experts’ concern over the rise in the number of voluntary terminations of pregnancy.  Spain was poised to adopt new regulations to replace the abortion act enacted 25 years ago in order to end prison sentences for those women and better protect them through a broad package of health, training and education services and guarantees. 

Experts’ Comments and Questions

RUTH HALPERIN-KADDARI, expert from Israel, said there was no information in the country report about litigation services available to women on custody, family, protection and other issues.  Was legal mediation encouraged in Spain?  Had Spain implemented safeguards about mediation that might sometimes be dangerous for women since they tended to enhance power differences, such as in cases of domestic violence?  Was shared custody of children now the preferred arrangement following divorce?  What measures were in place to ensure that was the best solution?  Had the Government conducted research to understand the risks involved in such legal reforms?  Were de facto relationships given the same rights as formal marriages?  Was that true for Roma women in relationships conducted under Roma norms?  She referred to cases in which Roma women had complained they were not entitled to pension benefits because they were not considered to be widows under Spanish law.

Country Response

A delegate said regarding legal aid for women following a separation or divorce, under the 1996 Legal Aid Act, generous Government assistance was provided to women who lacked the economic means to pay for a lawyer.  That was given to Roma and other non-Spanish women.  Article 6 of the Legal Aid Act guaranteed free advice and an exemption from paying a deposit for lawyer services.   Spain was very generous in that regard.  Work was under way on a Spanish mediation project in line with European Union standards.  Spain’s present legislation regulated the distribution of assets and household responsibilities following a divorce.  Regulations had been adopted to provide financial guarantees for women when the father of their children was delinquent on child support payments.

Experts’ Comments and Questions

SILVIA PIMENTEL, expert from Brazil, said that the Gypsy Secretariat had stated that gypsy women often died early due to poor nutrition and health practices, including the practice of self medication.  What was being done to address that? 

Country Response

A delegate stressed the importance of taking gypsy cultures into consideration and said Government programmes focused on training staff to understand that culture.  Government integration programmes were largely geared toward Roma women, and they focused on teaching Roma women the importance of and guidelines of good care, sanitation, food and nutrition.

In concluding remarks, Ms. AIDO said Spain had accepted article 20 of the Convention.

Committee on Elimination of

Discrimination against Women

903rd & 904th Meetings (AM & PM)

WOMEN’S ANTI-DISCRIMINATION COMMITTEE EXPERTS RECOGNIZE POLICY EFFORTS OF GUINEA-BISSAU,
EXPRESS CONCERN OVER SLOW PACE FOR ENDING DISCRIMINATORY LAWS, HARMFUL PRACTICES

Experts of the Committee on the Elimination of Discrimination against Women today recognized the legislative and policy efforts of Guinea-Bissau, a least developed sub-Saharan African nation, to erase gender discrimination and improve the lot of women, but expressed concern over the country’s slow pace in removing discriminatory laws from its books, and the traditional bias that held sway in many areas.

Presenting Guinea-Bissau’s first through sixth periodic report on compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Iracema do Rosario, President of the Institute of Women and Children, said that, since ratifying the treaty in 1985, the Government had created a series of national action plans to implement the women’s empowerment goals of the Beijing Platform for Action.  Last year, it ratified the Convention’s Optional Protocol ‑‑ which allows individuals to submit claims of women’s rights violations to the Committee and the Committee to initiate inquiries into situations of grave or systematic violations.  And during its next session, Guinea-Bissau’s National Assembly was expected to consider draft laws aimed at ending gender-based violence, female genital mutilation and trafficking in women and children.

Ms. do Rosario said it was critical, however, that efforts towards women’s equality be placed in the context of the nation’s many challenges, notably chronic institutional instability due to years of political upheaval, the lack of trained personnel in Government offices charged with women’s empowerment, scant financial resources to meet current needs and the absence of a national policy on gender.  Reconciling local governance, which was based on a traditional patriarchal society, with the provisions of the Convention was another major hurdle, as age-old customs maintained morality and law and order throughout the society.

Committee experts acknowledged those constraints, but expressed deep concern over female genital mutilation and early and forced marriages, which had contributed to the country’s high maternal mortality rate ‑‑ as well as systematic violence against women during the country’s conflict period.  One expert likened the “initiation rituals” before female genital mutilation, in which some girls died, to homicide, and expressed alarm that several Muslim deputies in the National Assembly were blocking the draft law to end that harmful practice.

Others pointed to poor health-care services for women, disparities in the Government’s statistics on education and the low school graduation rate among girls.  One expert wondered about the effectiveness of national institutional mechanisms to implement the Convention and whether the Government had a time frame to make the changes necessary to create lasting rule of law, as called for in Security Council resolution 1325 (2000) on women, peace and security.

The delegation acknowledged that, although the Penal Code made female genital mutilation a punishable corporal offence, many women did not file charges out of fear of being isolated by their communities.  But, the Government was trying to change that by retraining mutilation practitioners in other fields, educating people about the health risks associated with mutilation and prosecuting persons who carried out the “initiation rituals”.  Moreover, the National Islamic Council was part of the National Committee to Combat Harmful Practices, and it backed the draft law aimed at eradicating the practice.

The Government had also set up a support office and a national network to combat violence against women, and it had taken steps to end early and forced marriages.  The delegates expressed hope that, after a long period of instability, the Government could do more for women to ensure laws were respected and that women could live in a climate of peace, stability and development.  Although the victims’ centres were not yet up and running, some police stations had special sections to assist victims of violence, and rape and other forms of sexual abuse were criminalized and sanctioned.  Regarding women’s access to health care, they lamented that it was precarious, as few facilities, equipment and instruments were available or were often not sophisticated enough to detect certain illnesses or health problems.  Guinea-Bissau needed help from its development partners to bolster family planning programmes and raise awareness about sexually transmitted diseases.

The Committee will meet again at 4 p.m. on Friday, 7 August, to conclude its forty-fourth session.

Background

The Committee on the Elimination of Discrimination against Women met today to consider the combined first through sixth periodic reports of Guinea-Bissau (document CEDAW/C/GNB/6).

Iracema do Rosario, President of the Institute of Women and Children, headed the delegation.  Also present from the Institute were: Mamdu Sanha, Cabinet Director; Mario Augusto Ramalho, Principal Counsellor, Office of the President; Sidi Cassama, Gender Coordinator of the Cabinet; and Emanuel Fernandes, Chief, Judicial Department; as well as Osiris Ferreira, judicial counsellor and Alfredo Lopes Cabral, Permanent Representative of Guinea-Bissau to the United Nations.

Presentation of Report

Ms. DO ROSARIO said the country’s population was fairly young and was comprised of more than 20 ethnic groups.  Sixty one per cent of the population lived in the rural areas, although there was a rural exodus primarily to Bissau, the capital.  There was a marked increase in urban poverty.  The fertility rate was 6.8 children per woman and that indicator was higher in rural areas.  The infant mortality rate was 138 per 1,000 births, and the under-5 child mortality rate was 233 per 1,000 births.  The maternal mortality rate was 405 deaths per 100,000 live births.  Early marriage and female genital mutilation were responsible for increases in maternal mortality.  According to multiple indicator cluster surveys, HIV/AIDS disproportionately affected women.  A total of 74.2 per cent of women had heard of HIV/AIDS, but just 32.1 per cent of them knew the three main methods of its transmission.  Only 17.3 per cent of women were familiar with HIV/AIDS screening centres, and just 6 per cent had been tested screening.

Less than 10 per cent of children age 3 to 5 attended preschool, she said.  Guinea-Bissau was one of the world’s least developed countries, due largely to political instability and insecurity.  From 2000 to 2004, real gross domestic product (GDP) grew just 1 per cent annually, making it difficult for the Government to achieve its objective to improve living standards and meet the needs of the population, which was growing 2 per cent annually.  Approximately 64 per cent of the population lived on less than $2 per day; 20 per cent lived on less than $1 per day.  The country had excellent natural conditions for developing agriculture, fishing and tourism, and it had natural resources like bauxite, phosphate and oil, giving hope that the spectre of war had been removed.

In order to achieve the goals set forth at the Beijing Conference, several non-governmental organizations had been created, among them the Association of Economically Active Women (AMAE), the Federation of Guinean Women (FEMUGUIB), the Women in Peacebuilding Network (WIPNET), the National Network to Combat Sexual Violence (RENLUV), and the Network of African Women Ministers and Parliamentarians of Guinea-Bissau, among others.  Guinea-Bissau ratified the women’s Convention on 6 July 1985.  With financial support from the United Nations Development Programme (UNDP), the Government created the Policy and Strategy for the Integration of Women into Development and the 1997-2002 Women and Development Framework Plan.  As a follow-up to the Beijing Platform for Action, the Government launched the 1998-2003 Women and Development Framework Plan, which guided the first national report on implementing the Beijing goals.  It resulted in concrete Government action to improve the socio-political situation of women and ensure their rights.

The country’s tardiness in reporting to the Committee was due to institutional instability, as well as the lack of human resources and trained personnel in institutions responsible for promoting and protecting women’s rights, she said.  Her Institute, the main Government body for setting women’s policy, was only created in 2000, and the constant turnover of its director and lack of resources had impeded its ability to carry out its mission.  The periodic report before the Committee was compiled with UNDP’s technical and financial support, along with the Ministry of Women, Family and Social Cohesion and her Institute.

Guinea-Bissau lacked sufficient mechanisms to incorporate the Convention into the national legal framework, she said.  A study had been conducted on the need for an in-depth review of the country’s laws to see if they were in line with international conventions, particularly the women’s Convention and the Convention on the Rights of the Child.  Guinea-Bissau did not have any temporary special measures, as defined by the Convention, but it had created mechanisms intended to expedite gender equality.  For example, in April 2006, the Council of Ministers set a quota mandating that 50 per cent of all scholarships at schools at home and abroad be given to women.  The General Labour Act and the Public Administration Workers Statute contained special legal protections for women during pregnancy, childbirth, miscarriage, abortions, as well as afforded them maternity leave.

The Constitution established equality between the sexes in all aspects of political, economic, social and cultural life, she said.  The Government had developed action plans to protect women’s rights and erase gender stereotypes and discrimination.  Women’s non-governmental organizations played an important role in that regard.  Still, certain cultural practices that were harmful to women, such as female genital mutilation, forced marriage and early marriage, were entrenched problems.  Domestic violence was also firmly entrenched in tradition, making it difficult for women to take a stand against physical or emotional abuse.  Decision-making power was concentrated in the hands of men; women were not listened to.  Moreover, customary law resisted all norms aimed at changing discriminatory behaviour, thwarting efforts to implement the Convention.

In a bid to change that, a draft act prohibiting and sanctioning people for performing or forcing women to undergo female genital mutilation had been submitted to the National Assembly, she said.  The Government had also set up the National Committee to Combat Harmful Practices, thus laying the cornerstone for compliance with the women’s Convention and the Convention on the Rights of the Child.  Non-governmental organizations had launched awareness campaigns to increase women’s participation in social, economic, political and cultural life, with a view towards greater freedom and gender-mainstreaming.  They had also successfully conducted awareness-raising campaigns to establish women’s dignity and help women reject prostitution as means to financially provide for their families.

Through the Institute for Women and Children, the Government had taken steps to train police officers, border guards and non-governmental organizations to help combat human trafficking, she said.  There were bills before the National Assembly on trafficking in children and gender-based violence slated for consideration during the next assembly session.  She noted important legislative, administrative and judicial advances to support and encourage women’s positive role in social, political and economic life.  Under the citizenship law, men and women were treated equally.

Experts’ Comments and Questions

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, welcoming the delegation and appreciating the explanation for the long delay in reporting, asked if the report had been adopted by the Government and whether Parliament had been involved in its preparation.  She also wondered if non-governmental organizations had been involved in any way.  She hoped that the next time Guinea-Bissau presented a periodic report, it would depend less on outside consultants and more on civil society organizations and relevant Government agencies.

She went on to ask for specific information about the ways the Government planned to disseminate information about the Convention, particularly owing to the country’s high illiteracy rates and lack of capacity.  Further, was Guinea-Bissau’s Constitution silent on the position of international treaties, including the women’s Convention? The Committee had received conflicting information as to the applicability of the Convention.  She also asked if the Government had set a time frame for removing discriminatory laws from its books.

CORNELIS FLINTERMAN, expert from the Netherlands, also had questions about the harmony of the country’s Constitution and international law, especially the Convention.  How did the Government encourage judicial authorities to apply the principles of international human rights treaties?  How could women who alleged violations seek remedy?  Was there an ombudsman or any other agency handling such claims?

Next, VICTORIA POPESCU, expert from Romania, said that, while she appreciated Guinea-Bissau’s difficult circumstances ‑‑ from colonial times through present difficulties ‑‑ it was nevertheless extremely important to take into consideration the promotion of the rights of women, so they could participate in rebuilding society at all levels.  She also asked how the Government was proceeding, in a systematic way, to eliminate discriminatory laws.  She also wanted to know if the Strategic Framework for Guinea-Bissau, being implemented in collaboration with the Peacebuilding Commission, included any provisions for bolstering women’s rights and the national agencies that had been set up to that end.

Delegation’s Response

In response, Ms. DO ROSARIO said, in preparation of the report, the Government indeed worked with technical agencies, as well as United Nations agencies, which had been the “main partner” to that end.  She acknowledged that her country’s high illiteracy rate might be an obstacle to disseminating information on the Convention and the Government was, therefore, taking pains to provide relevant information in local languages and dialects, especially in Creole, which was Guinea-Bissau’s “lingua franca”.  She also assured the Committee that women in Guinea-Bissau had the same rights as men.

Another member of the delegation said the Committee had highlighted important issues.  The report had been drafted after a national consultation process.  Guinea-Bissau was party to the core international treaties and stood by its obligations under them.  After Parliament ratified those treaties, the Government “had faith” that the principles would be included in the Constitution.  For example, he said that when the Constitution spoke of “citizens” equal rights, it referred to both women and men, without distinction.

Perhaps it was just a matter of language ‑‑ the Constitution had been elaborated in 1997 ‑‑ and the Government was aware that perhaps it was not up to date with more recent international iteration.  But, nevertheless, the Constitution did uphold equal rights for both men and women.  On such issues as inheritance and certain matters of equal participation, he noted that some civil laws in the country were holdovers from the colonial period.  The Government was aware of that and was struggling to bridge such gaps.

Experts’ Comments and Questions

Opening the second round of questions, VIOLETA NEUBAUER, expert from Slovenia, said she was concerned that there was not enough information in the oral presentation or the written report about the effectiveness of institutional mechanisms that existed at national levels.  There was a Women’s Ministry, and an Institute for Women and Children, but there was no clear information on the mandate of the agencies regarding the implementation of the Convention.  She also wondered if there was an interdepartmental coordinating structure that was ensuring the process of gender mainstreaming.  Was there a programmatic and policy framework for implementation of the Convention and its articles?

Country Response

Ms. DO ROSARIO said that the agency Women, Social Cohesion and Fight against Poverty had been created to defend and promote women’s rights.  At the same time, the Institute for Women and Children was overseen by the Women’s Ministry.  It had been created to promote gender equality and to assist in gender mainstreaming in areas such as greater access to decision-making.  She assured the Committee that there was Government oversight of those agencies and efforts, to ensure their work was harmonized and that it drew on the expertise of civil society.  The aim was to improve the socio-economic situation of women, contribute to democratization and promote a broader exchange of experience through training and application of the Convention.

Another member of the delegation added that the Government was extremely committed to improving the socio-economic conditions of women in the country.  To that end, policy was being drafted to coordinate ministry-wide activities, as well as follow-up actions.  The Government was also scaling up efforts to help train relevant agencies and, especially, civil society actors, so that activities aimed at protecting and promoting women’s rights could be carried out even in the most remote regions of the country.

Expert’s Comments and Questions

YOKO HAYASHI, expert from Japan, said that, while she welcomed the report, she was concerned at some disparities between the information and the statistics provided.  She hoped such discrepancies would be corrected in the future.  She also asked for more information about “temporary special measures” for women in the judiciary.  Had they been effective?  How did the special measures differ from other programmes under way?

Ms. NEUBAUER, expert from Slovenia, said she was still concerned that it appeared there was a misunderstanding that the country’s statement of equal opportunities and treatment would create conditions in which obligations under the Convention would be fulfilled.  When the Government had ratified the Convention, it had agreed to actively promote and protect the rights of women.  She also wanted to know about the role of women in implementing the Peacebuilding Commission’s Strategic Framework.  Were there any special temporary measures to that end?

Country Response

Responding, a member of the delegation said that, despite the political will to implement the tenets of the Convention, years of civil war and tumult had led to the destruction of some of the documents and data on women.  The Government was not trying to deceive anyone.  It was aware that some of the data might not be accurate, because of gaps.  It was working to provide more concrete information on issues, such as literacy rates. He went on to say that the Institute for Women and Children was working with the legislature to implement the proposed 40 per cent quota rate for women in all Government positions.  At the same time, the Government was aware that more work needed to be done to overcome internal obstacles.

Expert’s Comments and Questions

PRAMILA PATTEN, expert from Mauritius, said the oral report had been unclear about the legal status of the Convention.  Could articles of the Convention be invoked in Court?  Did judicial officials have training about the Convention?  Was there a legal aid system in place to provide relevant assistance, especially to women?  She also asked for more specific information about punishment for discriminating against women.

Mr. FLINTERMAN, expert from the Netherlands, asked the delegation to clarify about the status of country’s recent ratification of the Convention’s Optional Protocol.  The delegation had said it had ratified that instrument, but it had not been deposited with the United Nations.

Ms. POPESCU, expert from Romania, said that it was important to modernize legislation to remove policies that discriminated against women.  She also said one of the aims of the Strategic Peacebuilding Framework was the consolidation of the rule of law.  Where did that process stand, especially towards revising discriminating legislation?  Another aim of that framework was to promote implementation of Security Council resolution 1325 (2000) on women, peace and security.  Was such an exercise being carried out?

Ms. ŠIMONOVIĆ, expert from Croatia, asked if there was a time frame for the Constitutional revision process, especially since that exercise would provide Guinea-Bissau with an excellent opportunity to address the integration of the Convention into national law and fill other gaps regarding protection and promotion of women’s rights.

Country Response

Regarding ratification of the Optional Protocol, a delegate said that a letter had been given to Guinea-Bissau’s Permanent Representative to the United Nations that would be deposited with the Organization by the end of the day.   Regarding the court system, lower instance courts were set up throughout the country and were accessible for most of the population.  There were also regional courts in several zones that handled certain areas of judicial competence, as well as second instance courts.  A national association of lawyers worked to provide legal services to people in remote areas.  He acknowledged that low levels of education among women, and customs that frowned upon their pursuit of legal action, were indeed obstacles to justice for women.

To rectify that, the Government had installed focal points for women and it had set up support offices for victims of domestic violence that provided counselling and social and legal services.  Labour laws clearly prohibited discrimination against women.

Regarding the peacebuilding process, another delegate said the United Nations Peacebuilding Commission had a country-specific configuration on Guinea-Bissau.  In October 2008, it adopted a strategic framework that included a large component dedicated to gender issues and women’s advancement.  Concerning implementation of Council resolution 1325 (2000), the country report noted workshops and several other steps to disseminate and generate awareness among women in the country on the resolution and the assurances it provided for women.

Expert’s Questions and Comments

Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, said she was concerned that Guinea-Bissau had not yet ratified a host of international human rights treaties, including, among others, the Convention on the Elimination of Racial Discrimination and the International Covenant on Civil and Political Rights, which was the basis of all fundamental rights.  She was also concerned about the existence of harmful traditional practices, such as early and forced marriage, as well as certain food taboos.  “We must work together as Africans to address these issues that impact […] women’s health, dignity and basic human rights,” she said.

Echoing that sentiment, DORCAS COKER-APPIAH, expert from Ghana, said she was aware that some traditional rules or customs were based on patriarchy, making them difficult to address or speak about openly in some societies.  She was happy to note that Guinea-Bissau’s report acknowledged that, in order to ensure women’s rights, such practices must be addressed.  She asked what specific laws were in place to address all manifestations of violence against women?  Had the S.O.S. Support Centre for women victims of violence been set up?  If not, what were the obstacles?

Expressing similar concerns FERDOUS ARA BEGUM, expert from Bangladesh, said the delegation had acknowledged the existence of domestic violence, early and forced marriages, and female genital mutilation, among other harmful practices.  It had not, however, given enough information about shelters and services to assist victims of such acts.  Could the delegation be clearer on that point?

On stereotypes and patriarchal attitudes, Ms. POPESCU, expert from Romania, asked about the role of the media in addressing such issues.  Was there any concerted, Government-led effort to involve media outlets in initiatives to eradicate such stereotypes and promote the portrayal of women in roles other than childbearing?  Was there a definition of domestic violence?  Was rape criminalized under the Penal Code?  Was marital rape identified under that Code?  Were there any legal provisions to deal with the systematic rape and abuse of women that had occurred during the country’s conflict period?

Country Response

Ms. DO ROSARIO said that persons with disabilities were protected by law in Guinea-Bissau.  Such persons were also provided with aid, such as clothes and school materials.  The Government was aware that more needed to be done to ensure that such persons were better integrated into daily life, but it also needed assistance from its partners to scale up relevant initiatives.  She went on to say that steps were being taken to address violence against women and children, human trafficking and other “nefarious practices”.  Such draft laws were currently awaiting approval.  No action had been taken, largely because elections had just taken place.  The Government was determined to work with civil society to get those laws passed.

She said the Government was also taking action on matters such as early and forced marriages.  She had great hope that, after a long period of instability, the Government could do more for women to ensure laws were respected and that women could live in a climate of peace, stability and development.  She said that although the victims’ centres were not yet up and running, some police stations had special sections to assist such victims of violence.  The Government was also coordinating with civil society groups working in that area, especially in rural communities, to provide assistance to women.

Country Response

A delegate said rape and other forms of sexual abuse were criminalized and sanctioned.  But, due to men’s supremacy in society, many women did not file charges out of fear of being isolated by their communities, and many stayed in abusive relationships and marriages.  Under article 115 of the Penal Code, female genital mutilation was a punishable corporal offence.  But, many women did not file complaints about it, as age-old habits and taboos deeply rooted in the consciousness of individuals stood in the way of compliance with new precepts.   Concerning protection services for victims of violence, there was a support office and a national network to combat violence against women that had launched awareness campaigns on women’s rights.

Experts’ Comments and Questions

Ms. BEGUM, expert from Bangladesh, asked if there was a programme to help female genital mutilation practitioners make a career change.

ZOHRA RASEKH, expert from Afghanistan, said the country report had very little information on steps to end trafficking in persons.  Was trafficking covered under the domestic violence bill or was there a separate law for it?  The trafficking bill only mentioned trafficking in children.  Did it cover trafficking in women?  Where there shelters to support victims?

SAISUREE CHUTIKUL, expert from Thailand, said it was unusual for a State party to address domestic violence and trafficking in children under one law.  What was the country’s definition of trafficking?  Was it the same as that of the Palermo Convention?  What were the activities of the Commission set up with the support of the United Nations Children’s Fund (UNICEF) to help trafficked children?  What were the results of poverty-eradication studies and programmes to end exploitative prostitution?  She requested that the next periodic report include more statistics on trafficking and exploitative prostitution.

Country Response

A delegate said that, recently, a ministerial directive created a national commission for preventing trafficking in human beings, particularly children.  It was comprised of Government officials and non-governmental organization representatives, including the Islamic Council.  Each of the nation’s different ethnic groups had its own culture that must be taken into account when creating anti-trafficking strategies.  The Government had trained border agents and non-governmental organizations to recognize and address trafficking, resulting in several would-be trafficked children being detained at the country’s international borders.

Continuing, he said Guinea-Bissau’s Penal Code addressed trafficking in humans and used the Palermo definition of trafficking.  The National Assembly would debate the trafficking bill inOctober.  Guinea-Bissau had signed bilateral agreements with Senegal and with other bordering States to end trafficking in children.  In order to leave the country, children required the written consent of both parents.  Most trafficking victims were children, not women.  There were temporary transit centres that provided counselling for trafficked children prior to their reintegration into society.

Regarding prostitution, another delegate said it had been a serious problem, particularly since the July 1997 war.  Several non-governmental organizations were working to end it by educating girl prostitutes about other ways to earn a living.  The Government had ongoing campaigns with those non-governmental organizations to reach out to sex workers.  Pimps were sanctioned.  But, women would often not file complaints with the authorities, due to cultural taboos.  Non-governmental organizations were working to encourage women to bring charges for all forms of violence and abuse against them, including sexual abuse.  The Government was trying, in the post-conflict period, to implement the Convention’s provisions, and it was trying to upgrade and organize its database to provide data on gender issues.  Also, the trafficking bill was separate from the bill on gender-based violence.

Experts’ Comments and Questions

Ms. HAYASHI, expert from Japan, asked the delegation to explain what was meant by the “package of bills” before the National Assembly.  Did that include one bill on domestic violence, female genital mutilation and sexual harassment?  Or were there separate draft bills for each issue?

Ms. BEGUM, expert from Bangladesh, asked if there were programmes to address the increasing demand for prostitution.

Ms. POPESCU, expert from Romania, asked about provisions for rape or marital rape in the gender-violence bill.

Ms. RASEKH, expert from Afghanistan, said the country report said several Muslim deputies in the National Assembly were blocking the draft act that prohibited female genital mutilation.  What steps were being taken to show that female genital mutilation was not a religious obligation?  Were there any groups working towards that end?

Country Response

Ms. DO ROSARIO said there were bills in the National Assembly that referred to domestic violence, female genital mutilation, reproductive health and trafficking in women and children.  Many measures had been taken to retrain female genital mutilation practitioners in other careers and to teach them that the practice was harmful to the health of women and their children.  The Government was working to ensure that the National Islamic Council and the National Islamic Youth Group were included in the National Committee to Combat Harmful Practices.

Another delegate said the gender violence bill had no legal definition for marital rape and violence, but he took note of the Committee’s comments in that regard.

Experts’ Comments and Questions

SOLEDAD MURILLO DE LA VEGA, expert from Spain, asked about measures to help victims of female genital mutilation, particularly girls and women subjected to the practice that were not able to attend school.

NICOLE AMELINE, expert from France, asked about the basis for quotas.  Was there a draft law to ensure quotas for women in political office?  Did the Government have a time frame to ensure creation of a lasting rule of law, as called for in Council resolution 1325 (2000)?

Next, MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said that, while the Committee needed to examine progress achieved in implementing the Convention, it also needed to explore whether the country had the means to ensure the tenets of the treaty were integrated into law.  While appreciating the difficulties Guinea-Bissau had faced, she stressed that much more needed to be done to boost the level of women’s participation in decision-making fields, Government positions, and especially diplomatic posts.  Increasing the number of women diplomats would show the world that Guinea-Bissau was making progress and was proud to have women “flying the flag of the country”.

Country Response

In response, Ms. DO ROSARIO, told the Committee that Guinea-Bissau was undergoing a difficult period.  The Government had struggled to meet the expenses of the delegation that had travelled to New York.  The Government was aware that the presence of women needed to be enhanced.  The new Government had stressed that it would hold local elections in the coming year.  That would be crucial for improving the political visibility of women, especially in rural areas, where women made up the majority.

She said that important steps had been taken, especially to improve women’s voices in the judiciary, but added that much remained to be done.  To meet its goals in that regard, Guinea-Bissau needed peace and stability, and that would require help from its development partners.  She said that this was the first time Guinea-Bissau had reported to the Committee.  At its next visit, it would show definite improvement in all areas noted by the experts because “we women are willing to fight to make CEDAW a reality in our country”.

Expert’s Comments and Questions

Mr. FLINTERMAN, expert from the Netherlands, was concerned about nationality laws in the country.  Were children born of only one parent of Guinea-Bissau origin, or born outside the country considered nationals of Guinea-Bissau?  Did Guinea-Bissau allow dual nationality in cases of marriage?

Country Response

A member of the delegation guaranteed that all immigrants born in Guinea-Bissau could be registered of nationals of the country.  The country was working to see that all its relevant legislation was harmonized with international law.

Expert’s Comments and Questions

Ms. HAYASHI, expert from Japan, said the statistics included in the report on women’s literacy rates was confusing.  Could the delegation provide exact figures?  Had those rates improved or remained constant?  She also noted that the data on girls’ enrolment in school appeared to show a decline.

BARBARA EVELYN BAILEY, expert from Jamaica, agreed that the statistics on girls in school appeared to change from one paragraph to the next.  Even despite those figures, she was concerned about the low rates at which girls completed school.  Could the Government give any information?  She was aware that there was a national education plan that had been discussed for the past few years.  Had that plan been approved?  If not, why not?  Were any efforts under way to boost the number of women teachers?  The report was silent on discipline in schools, she said, asking for more information on that point as well.

Country Response

Ms. DO ROSARIO said that any country that wanted sustainable development had to invest heavily in education.  The Government, therefore, planned to back a national education plan, as well as scale up programmes to improve school feeding programmes.  The Government was working very hard to disseminate information to young women, as well as young men, about attending school.  “Only when there is parity in education of young women and young men can we change the situation in Guinea-Bissau,” she said, adding that, along with school feeding programmes, the Government was also promoting awareness-raising programmes that targeted parents and other caregivers to emphasize the importance of school.  “But we realize we have a long way to go, especially with the situations of extreme poverty that we have,” she said, stressing that more resources were necessary to create “new citizens”.

Experts’ Comments and Questions

Ms. PATTEN, expert from Mauritius, said the delegation should remember that the Convention was not only about ensuring formal equality, but substantial equality.  As such, she was very concerned about reports that women were discriminated against in the labour market and were plagued by a lack of access to gainful employment.  What mechanisms or bodies were in place to implement laws that addressed labour discrimination?  Were policies in place to ensure women had access to credit and new technologies?  What efforts were being undertaken to ensure women were promoted on the job?  Was the Government monitoring the situation of women in the private sector?

Next, NIKLAS BRUUN, expert from Finland, said he was concerned by high dropout rates among girls and asked what the Government was doing about it.  What was the Government doing to support women in the informal sector?

Country Response

In response, Ms. DO ROSARIO said employment was monitored by the Labour Inspection Commission.  A National Commission for Women Workers was elaborating a bill on sexual harassment, as well as a bill on maternity leave.  She said that the national development plan had specific targets to reduce poverty.  The Government had been taking slow, but sure, steps to improve the situation of women in employment and education.

Another member of the delegation said the National Commission of Women Workers was playing a vital role in raising the awareness of women about labour laws and employment options.  Despite the country’s female majority, women did not participate more than men in public and political life.  That situation was improving, thanks to the work of the National Commission.  He added that the Commission’s legal department was working to ensure implementation of the Convention and the rules outlined by the International Labour Organization (ILO).

Experts’ Comments and Questions

SILVIA PIMENTEL, expert from Brazil, said that she was very concerned about access to health services in Guinea-Bissau.  The report had stressed that the majority of people in rural areas lived, on average, some 40 kilometres from the nearest health facility.  What sorts of mitigation plans were being taken?  What sorts of assistance programmes were in place to address vital health and aftercare concerns, including female genital mutilation?  What was being done to assist women who had been raped?  Were they provided with medical or psychological treatment?  Were programmes in place to help them find employment, or were they just cast aside and ignored by society?

Ms. RASEKH, expert from Afghanistan, was also concerned about female genital mutilation.  She said the report noted certain “initiation rituals” took place, during which some girls died.  That sounded like homicide to her.  Could the delegation provide more information?  Were those that carried out such initiations prosecuted in any way?  What was the status of the draft law on stopping such procedures?  Why was it being held up, even after the Government had identified female genital mutilation as a threat to women’s health?  What mechanisms were in place to assist women that had suffered such practices?

MAGALYS AROCHA DOMINGUEZ, expert from Cuba, said the report included a lot of information, but it was rather confusing.  Nevertheless, she was concerned about the high maternal mortality rates in Guinea-Bissau, which were some of the highest in West Africa.  What was the Government doing to address that issue?  Were there steps being taken to improve the training of medical professionals and health-care workers?  What steps were being taken to scale up sex and health education programmes?

Country Response

Ms. DO ROSARIO acknowledged that access to health care in Guinea-Bissau was “precarious”.  Not only were there few facilities, the equipment and instruments available were often not sophisticated enough to detect certain illnesses or health problems.  Despite the National Plan on Health Development, the country still faced a dearth of qualified medical personnel.  As for the “initiation rituals”, she said that when the authorities were notified, persons carrying out such rites were prosecuted under the law.  At the same time, the girls received ongoing medical treatment.  She added that non-governmental organizations were helping, in that regard.

She said politicians were aware of the impact of such harmful practices.  She was convinced that the bill eradicating female genital mutilation would be passed, especially because it had the backing of the Islamic Council.  At the sane time, she acknowledged that reaching women in rural areas was difficult. Some of the relevant ministries and agencies only had one vehicle and most had very little money.  On broader health issues, she highlighted an awareness-raising campaign promoting condom use among men and women.  Still, Guinea-Bissau needed help from its development partners to bolster its family planning programmes and to raise awareness about sexually transmitted diseases.

Experts’ Comments and Questions

Ms. MURILLO DE LA VEGA, expert from Spain, asked if women could apply for credit or loans on their own or if they needed approval from their husbands.  Moreover, once they had received a loan, were there any programmes in place to help them manage it?  What role, if any, did traditional customs play in the loan approval process?

Country Response

Ms. DO ROSARIO said husbands did not have to approve loans in Guinea-Bissau.  The Bank of National Solidarity would shortly begin assisting the Government in ensuring greater access to credit by women.  She added that the Government certainly believed that women who received loans should have access to financial management assistance.  Another member of the delegation acknowledged that some traditions did conflict with laws of the State, in that area.  Moreover, in many rural areas, men, as well as women, had little knowledge about laws on the books regarding microcredit and other loans.  The Government was aware of that and was working to address it.

Expert’s Comments and Questions

ZOU XIAOQIAO, expert from China, said the report did not provide a clear picture on the situation of rural women, particularly the agricultural sector where most women were employed.  She hoped the next periodic survey would include detailed information in that regard.  She asked for specific details about rural women, including in the areas of general employment, and in the agricultural sector.  What was being done to inform such women about land and property laws?

Ms. BEGUM, expert from Bangladesh, asked about the situation of older and disabled women in rural areas.  How did the Government provide for their needs?  What about refugees and internally displaced women?  Was assistance for them included in national strategies to protect and promote the rights of rural women?

Ms. AMELINE, expert from France, said the international community was concerned that drug trafficking was on the rise in Guinea-Bissau.  She wondered if persistent poverty in the country could make the easy profits that could be derived from the illegal drug trade attractive, especially to the youth.  What was the Government doing to address that emerging threat?

Country Response

Ms. DO ROSARIO said there was a national agricultural development plan in effect.  The Government was also taking concrete measures to eradicate poverty.  But, stability was required, in order for such initiatives to hold and bear fruit.  “With stability, we will grow,” she said.  Further, training for women in rural areas was absolutely necessary.  Some did not even know how to write their names and were in desperate need of assistance.  She added that, because of polygamy, it was necessary to intensify family planning programmes, especially in rural areas.  Another member of the delegation acknowledged that low literacy and education levels among women hampered them from taking full advantage of their rights, especially in the area of land ownership.

Expert’s Comments and Questions

On equal opportunity under the law, VIOLET TSISIGA AWORI, expert from Kenya, said Guinea-Bissau’s report stated that the country’s Constitution had repealed all discriminatory laws in the Civil Code.  As that was the case, she asked the delegation to clarify certain laws on the books, including a provision that required wives to get approval from their husbands before “participating in trade”.  She was concerned that the Government had clearly removed such provisions from the books.

RUTH HALPERIN-KADDARI, expert from Israel said that she, too, was confused about the Civil Code.  To her, while the Government had stressed its commitment to striking down all discriminatory laws, the legislation that was described in the report appeared to be clearly discriminatory.  For example, she said, one law seemed to require a widowed woman to marry a relative of her last husband, lest she be disinherited.  Was that really the case?  What about the marriage laws?  Was early marriage allowed?  What types of unions were recognized?

Country Response

In response, a member of the Guinea-Bissau delegation said civil marriages were the only marriages recognized by law.  At the same time, “de facto unions” could be recognized if a couple lived together for three years or more and had children.  He said the Civil Code, which dated back to the 1960s, had been adjusted to modern times.  So, while some discriminatory laws remained in the Code, they were not enforced, because they contradicted the Constitution, which was the supreme law of the land.  At the same time, he acknowledged that widows who did not accept a husband did lose certain benefits.  The Government understood that it must address such issues.

Another member of the delegation said he understood that the Committee was trying to say, “in a very kind way”, that Guinea-Bissau needed a new Civil Code.  The delegation agreed.  At the same time, he wanted to stress that such laws, which dated back to the 1960s, had no effect.  No laws that contravened the modern Constitution were enforced.

In closing remarks, Ms. DO ROSARIO said she believed that going forward the country would be much stronger in protecting and promoting the rights of women.  She assured the Committee that the Government of Guinea-Bissau would work hard to ensure the concerns raised, including regarding poverty, the situation of rural women, and harmful traditional practices, such as female genital mutilation, were addressed.  At the same time, she pleaded with the Committee to continue to help the Government carry out its obligations under the Convention.

Committee on Elimination of

Discrimination against Women

897th & 898th Meetings (AM & PM)

WOMEN’S ANTI-DISCRIMINATION COMMITTEE RECOGNIZES TUVALU’S EFFORTS TO REVIEW LEGAL
SYSTEM FROM TOP DOWN FOR DISCRIMINATORY ASPECTS, BUT CONCERNED AT ENTRENCHED BIAS

Experts of the Committee on the Elimination of Discrimination against Women today recognized the efforts of a young, small-island nation –- Tuvalu –- to review its legal system from the top down for discriminatory practices, but expressed deep concern that traditional bias held sway in many areas.

Presenting Tuvalu’s combined initial and second periodic reports on the country’s compliance with the Convention on the Elimination of all Forms of Discrimination against Women, Willy Telavi, Minister of Home Affairs and Rural Development, said the treaty had helped to shape Tuvalu’s society by challenging traditional norms as it developed modern governance.  Under its guidance, the country had worked for equal opportunity for all, universal health care, free primary school education and maintaining a peaceful and harmonious society. 

Since the ratification of the Convention without reservation in 1999, the Government had been reviewing laws to ensure that they were consistent with its obligations, he said.  The Constitution and Native Lands Code had been scrutinized, and ratification of the Convention’s Optional Protocol -- a communications procedure that allows individuals to submit claims of rights violations to the Committee and enables the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights -- was seriously being considered. 

He said that it was critical, however, for efforts towards women’s equality to be placed in the context of the nation’s many challenges, including financial restraints, lack of communication between islands, and climate change.  Reconciling local governance, which was based on traditional culture, with the provisions of the Convention was another major hurdle.  Tradition, along with Christian principles, maintained morality and peace throughout the country.

Following Mr. Telavi’s presentation, the Committee’s experts expressed concern over the sanctioning of local custom in the Constitution and legal system, noting, for example, that husbands were permitted to “discipline” their wives. Recognizing positive affects of tradition as well, they suggested that those aspects could be maintained while adapting them to the goals of women’s advancement.  To root out harmful practices, they urged that the review of the Constitution and legal system for instances of bias be held to a definite timeframe, and that measures be instituted to combat gender stereotypes. 

Many experts also expressed worries that efforts to combat domestic violence and gender stereotypes and to encourage women’s greater participation in political life were not nearly extensive enough.  Some called for temporary affirmative action measures to be put in place.  Finally, an expert on marriage regulations called the situation in that area alarming, saying that it seemed like forced marriage was sanctioned.

The delegation explained that Tuvalu had inherited its laws when it became independent 30 years ago and that those had not yet experienced a complete overhaul, which required consultation with the people.  In the process of doing that, it first had to undertake education in the eight islands, which were not even connected to each other by telephone and were very attached to traditional practices.  Thirty years ago, women could not sit in the same halls as men during consultations on those issues.  Things were changing, but it was difficult.

The delegation maintained that there were very few instances of severe domestic violence; the most common offence was women being slapped.  The last incidence of serious violence had occurred in 1996 when a woman had been killed and her husband had been charged with the murder.  They said that a police powers bill that allowed law enforcement to intervene in domestic violence was effective and that any complaint lodged with the police had to be pursued under law and not disposed of by traditional mediation.  Regarding forced marriage, they said there was a kind of traditional community marriage, but it was subjected to the same regulations as other marriages and the women had a right to refuse.

Concerning temporary special measures, they stressed that equal opportunities were guaranteed under law and that it would be dangerous to favour one segment of the population over another.  As it was, women had been quicker to take advantage of scholarships and other opportunities.  There were some awareness programmes that had been funded to fight stereotypes and violence against women, and those were making progress.  In all areas, however, they acknowledged that there was work to be done.

The Committee will meet again at 10 a.m. tomorrow, 30 July, to consider the initial periodic report of Timor-Leste.

Background

The Committee on the Elimination of Discrimination against Women met today to consider the combined initial and second periodic reports of Tuvalu (document CEDAW/C/TUV/2).

Willy Telavi, Minister of Home Affairs and Rural Development of Tuvalu, introduced the report.  The delegation also included:  Seinati Telavi, Mr. Telavi’s spouse; Kakee Pese Kaitu, Permanent Secretary of the Ministry of Home Affairs and Rural Development; Ese Apinelu, Attorney General; Saini Simona, Director of Women of the Ministry of Home Affairs; Albert Seluka, Legal Advisor of that Ministry; and Saini Malalau Seluka, Human Rights Trainer.

Presentation of Report

Mr. TELAVI said that the Convention on the Elimination of All Forms of Discrimination against Women had helped to shape Tuvaluan society into what it was today by challenging traditional norms as it developed modern governance.  Under its guidance, the country had built on its tradition of providing equal opportunity for all, universal health care, free primary school education and maintaining a peaceful and harmonious society. 

Since independence in 1978, he said, the Government had worked very hard to improve daily life and pursue development.  With recognition of the important role of women in development, the Government would continue to provide an enabling environment to enhance and accelerate the improvement of the status of women.

He said that it was critical, however, for efforts for women’s equality to be placed in the context of the nation’s many challenges, including climate change, which he urged be integrated into the existing international platforms for women.  Reconciling local governance, based on traditional culture, with the central Government, which was more modern and receptive to change, was also a major hurdle.  Tradition, along with Christian principles, provided peace, morality and culture.

Since the ratification of the Convention, the Government had been reviewing laws to ensure that they were consistent with its obligations.  The Constitution and Native Lands Code were put under particular scrutiny.  The integration of the Convention in the legal system was tested in the cases of Anderson versus R and Tebulolo versus Pou & Attorney General (2005). 

Describing recent positive developments, he pointed to the 2009 passage of a bill recognizing the existence of domestic violence and the creation of police powers for its prevention.  In addition, on 1 August, an act repealing discriminatory home-owning regulations would come into effect.

Experts’ Comments and Questions

NICOLE AMELINE, expert from France, lauded Tuvalu for the care it had taken in cooperation with various institutions to empower women and ratify the Convention.  But she noted some contradictions between cultural practices and real equality between women and men.  Were there plans to review the entire legal framework, including the Constitution, which did not provide for true gender equality or expressly address gender discrimination?  What awareness-building measures were under way to change people’s mindsets about gender equality?  Was there a timeline and stated political will to review basic laws and discriminatory laws before preparing the next periodic country report?

CORNELIS FLINTERMAN, expert from the Netherlands, said the Tuvalu Constitution did not contain a prohibition on the basis of sex.  It gave preference to Tuvalu values and cultures, which gave greater rights to men while marginalizing women in most respects.  He lauded the fact that the Government was willing to examine closely the possibility of revising laws and the Constitution.  He noted that in the framework of the Human Rights Council, Tuvalu had promised to examine some recommendations, among them, to eliminate legislation that was discriminatory against women and to adopt a law that prohibited gender-based discrimination.  What concrete steps had been taken towards that goal and what was the timeframe to follow that up?  He lauded Tuvalu for actively considering ratification of the Optional Protocol. 

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, said that while the delegation’s introductory statement had expressed that the Convention was extremely important to Tuvalu, the treaty had not been incorporated into domestic law and Tuvalu’s judges were not directly applying it.  Was there a concrete timeframe for doing that?  Had the Convention been translated into the country’s various languages? 

VIOLETA NEUBAUER, expert from Slovenia, thanked the delegation for its honest and frank statement on the situation of women’s rights in Tuvalu.  What plans were there to change property laws, which were currently unfavourable to women?  How was the action plan of the Department of Women being implemented?  She expressed concern because the previous plan was very poorly implemented, owing to a lack of funding.  Was gender equality a priority for the Government and did it negotiate funding for it?

Country Response

A delegate said the Government must first conduct a full review of current laws, and then decide at that time whether it would amend any of them.  In doing that, it must take into account the Convention’s impact on local traditions, as well as views and inputs from the public.

Another delegate said that the National Strategic Sustainable Development Plan had a target by which the Government would review its land laws.

Another delegate said Tuvaluan was the only local language and that the Convention had been translated into it, thanks largely to assistance from the United Nations Development Fund for Women (UNIFEM).

Regarding inadequate implementation of the previous action plan due to lack of funding, another delegate said Tuvalu indeed had serious financial problems.  The National Coordinating Committee for the Convention used to have monthly meetings, but they had been cut due to funding shortfalls.  The Committee, however, partnered with the Departments of Health and Education, and with non-governmental organizations to ensure that some of the action plan’s objectives were being met.  Although the Convention had not yet been incorporated into domestic law, the Government was focusing more on women’s individual development.

Experts’ Comments and Questions

Committee Chairperson, NAELA MOHAMED GABR, expert from Egypt, pointing to Tuvalu’s traditional male-dominated values and culture, stressed the need to improve women’s lot, through legislative reform, action plans, media campaigns to erase gender stereotyping, and temporary special measures.  She called on Tuvalu to consider joining the International Covenant on Civil and Political Rights, and cultural and social rights, as well as the Convention on the Rights of the Child.   

SOLEDAD MURILLO DE LA VEGA, expert from Spain, said the role played by women in Tuvalu did not match their value.  Domestic violence against women must change.  Traditions should be adapted to the present.  Women’s roles were still relegated to child rearing or homemaking.  What future measures were envisioned to change gender stereotypes?

SAISUREE CHUTIKUL, expert from Thailand, expressed concern over the practice of husbands disciplining their wives and daughters.  Were there clear policies, strategies or programmes in place to systematically eradicate traditional discriminatory practices?  Was it possible to try different approaches to effect change, such as through oral traditions, community leaders and youth movements, or giving recognition to communities that had empowered women?  Tuvalu should conduct small studies on traditional cultural practices and women’s and men’s perceptions of them as they related to human rights.  She encouraged the Government to make good on its promise to conduct research on prostitution and to do the same for trafficking, and to include its findings in the next periodic report.

FERDOUS ARA BEGUM, expert from Bangladesh, noting that domestic violence was commonplace and considered a private matter, asked what plans were in place to adopt laws and launch action plans to address that violence. 

VIOLET TSISIGA AWORI, expert from Kenya, referred to the Government’s consideration of a new police act to address domestic violence.  She asked for further information on the contents of the bill and special measures to protect women.  What could be done to accelerate enactment of that law?  Under section 156.5 of the Penal Code, a girl 15 years or older who was subjected to incest was criminalized and deemed a felon.  The Committee had implored the Government to repeal that, since girls subjected to incest were victims, not criminals.  What had been done in that regard?  What concrete steps had been taken to create a law addressing all types of sexual offences?

Ms. AMELINE, expert from France, said the way in which sexual assault was addressed in the current legal framework was completely unacceptable.  In what framework was sexual offence addressed in the court system and how was the law applied?  Were judges sensitive to local customs and traditions?  How could the law be enforced at the local level?

ZOHRA RASEKH, expert from Afghanistan, said the country report lacked information on surveys or research on trafficking and prostitution.  Were there plans to gather such data to identify the prevalence or lack thereof of prostitution or trafficking?  Was the Government ready to take steps to address it in the future?  The Government had paid little attention to domestic violence due to the low number of reported cases.  But that low number did not necessarily indicate a lack of incidence or low prevalence.  Did the Government have plans to systematically document the problem by collecting data from clinics, hospitals, schools and the private sector?  She expressed concern that the police could investigate complaints of gender abuse, but that they were compelled to leave if the owner of the home or premise where the abuse was allegedly occurring asked the police officer to do so.  

Ms. ŠIMONOVIĆ, expert from Croatia, asked for more information on the new bill to empower the police to investigate complaints of gender violence.  Was the Government providing protective measures, such as restraining orders, for women victims of domestic violence?  She implored the delegation to take into consideration the Committee’s recommendation on domestic violence when drafting the new law.

Country Response

The delegation explained that Tuvalu had inherited its laws when it became independent 30 years ago and the legislation had not yet had a complete overhaul, which first required consultation with the people.  In the process of doing that, the country first had to undertake education in the capital and in the islands, which were not even “contactable” by telephone and which were very attached to traditional practices.  Thirty years ago, women could not sit in the same halls as men during consultations on those issues, whereas, now they could.  Change was occurring, but it was difficult.

The delegation maintained that there were a few severe instances of domestic violence; they usually consisted of women being slapped.  The last incidence of serious violence had occurred in 1996 when a woman had been killed and her husband had been charged with the murder.  The police powers bill that allowed law enforcement to intervene in domestic violence was effective.  Any complaint lodged with the police had to be pursued under law and not disposed of by traditional mediation. 

In addition, New Zealand and Australia were training police in dealing with the issue, a delegate said.  The department of women’s affairs had teamed up with non-governmental organizations to create awareness on the need to eliminate violence against women.  A recent march on the main road of the capital had brought the issue to the fore, and there were now women who brought complaints to the courts themselves.  All programmes were still at very early stages, but the delegation expressed hope for progress as time goes on. 

Regarding trafficking in persons, the delegates explained that it was very difficult to enter or leave Tuvalu and that all strangers were noticed, owing to the small size of the communities.  However, they agreed that the problem should be included in the report.

They acknowledged the need for temporary special measures to increase the number of women in Parliament, but there was a standing policy of equal opportunities for everyone, regardless of gender.  There were no rules or laws that prevented any women from getting involved in politics or the civil service.  They stressed that it would be dangerous to favour one segment of the population over another.  As it was, women had been quicker to take advantage of scholarships and other opportunities.

Funding was needed for strategies to fight stereotypes, they said.  Some had indeed attracted funding including for projects that had targeted local community leaders.  Studies have been conducted on how traditional attitudes hindered women’s participation in decision-making and development.  Internet services were now available to the population in the outer islands and it was important to now consider how to utilize that medium.

Experts Comments and Questions

SILVIA PIMENTEL, expert from Brazil, reiterated the importance of previous Committee recommendations on domestic violence and stressed the need for a specific law on family violence.

Ms. NEUBAUER, expert from Slovenia, asked if women’s equality was a priority when applications were made for development assistance.

Ms. CHUTIKUL, expert from Thailand, asked if physical punishment was allowed in schools, and how alcohol affected men’s violent behaviour. 

Ms. ARA BEGUM, expert from Bangladesh, and Ms. TSISIGA AWORI, expert from Kenya, also emphasized the importance of more action against domestic violence.  Also speaking on that issue, Ms. MURILLO DE LA VEGA, expert from Spain, asked if traditional notions could be adapted so that women did not require their husbands’ permission to participate in political life.

Country Response

In terms of efforts to end violence against women, Mr. TELAVI said the Government had started with the police powers and duty act.  Regarding the Penal Code, the Attorney General would need to look into sexual offences and the country would need technical assistance to revise legislation in that regard.  There was police training and an awareness programme to end domestic violence.  The police were also leading efforts to combat gender violence related to alcoholism.  In terms of shelters for women victims of violence, according to local customs, it was the responsibility of neighbours to look after and help others in need. 

Another delegate said that during the 1990s, the Tuvalu Council of Women had built a shelter for women victims with funding from the Canadian Government.  But since there were so few victims using it, the building had since been occupied by the Council.  Regarding alcoholism, people lived in open houses, making it difficult for men to rape or abuse women since other family members and neighbours were watching.  In terms of corporal punishment, schools had a policy that only the head teacher was allowed to carry out physical disciplinary measures.

The Government was partnering with the Regional Rights Resource Team and UNIFEM’s trust fund to devise domestic violence legislation, either as a single piece of legislation or within the framework of all other laws.  That was still in the early stages. 

Experts’ Comments and Questions

Ms. BELMIHOUB-ZERDANI, expert from Algeria, lauded the gender parity of the delegation and called on it to make women part of all of its delegations at international conferences.  She commended the Government for ratifying the Convention and offered the Committee’s services to interpret and implement it and other human rights treaties it had signed and would sign in the future.

Mr. FLINTERMAN, expert from the Netherlands, said he was unsure if Tuvalu was fully complying with its obligations under article 9, since it did not allow for dual citizenship under its Citizenship Act and it stated that a Tuvalu woman had to adopt her husband’s nationality.  If a Tuvalu woman married a foreigner, did she have to renounce her Tuvalu nationality?  If that marriage ended, did she have the right to reinstate her Tuvalu nationality?  The Convention stated that a woman should not be rendered Stateless or be forced to adopt her husband’s nationality. 

Country Response

A delegate said the Government had already passed the amendment to the Citizenship Act, which allowed for dual citizenship.  People no longer had to renounce their citizenship.  When women divorced, they had the right to regain their Tuvalu citizenship.

Another delegate said Tuvalu women participated actively in the Tuvalu delegations at international conferences.

Experts’ Comments and Questions

Ms. MURILLO DE LA VEGA, expert from Spain, asked why education was different for girls and women and boys and men, particularly at the secondary and higher education levels.  Few women entered the civil service or were in decision-making posts.  There should be strong motivation for women to be present in those areas.  Why were only fathers and not mothers penalized for not sending their children to school?

NIKLAS BRUUN, expert from Finland, said it was difficult to gain a full picture of employment and income-generating activities in Tuvalu.  How was fishing, which appeared to be a major income generator, organized?  What role did women have in that field?  The 12 weeks of mandatory maternity paid leave was too short and the rate of pay during that time, at 25 per cent, was insufficient.  Was the Government considering extending maternity leave time and payment?

BARBARA EVELYN BAILEY, expert from Jamaica, thanked the delegation for providing sex-disaggregated data on education in the opening statement and country report, and the fact that the country had an education act.  But there was no information on children who were pushed out of secondary schools, she said, stressing the impact of that practice on girls, which could result in teen pregnancy and poverty.  She asked that information on girls’ dropout rates be included in the next periodic report.  Data showed that girls largely pursued school diplomas, while boys pursued university degrees.  Girls were largely absent from the fields of science and technology.  What was being done to redress that and what was the timeline for it? 

She said that corporal punishment was a form of physical violence and it had serious repercussions for family and societal life, and noted that the Government had pledged to build awareness about that practice and legal arrangements to end it.  Could the delegation comment on that?

Ms. PIMENTEL, expert from Brazil, noted the increase in teen pregnancies, decrease in contraceptive use among teens, the fact that abortion was illegal, rural women had poor access to health care and that there was no socially-responsible framework to help women with disabilities.  She asked for more details on plans to revise the law on abortion.  What efforts were there to bring more adequate health-care services to rural women?  Why were there no State measures to assist women with disabilities?

Ms. NEUBAUER, expert from Slovenia, asked for more concrete information on the current regulatory and legal framework governing abortion.  Was there data on the number of women who were legally permitted to have an abortion?  What were the legal and regulatory requirements to obtain an abortion?

Country Response

A delegate said the country depended largely on fishing for its livelihood and most of the population lived by the sea.  Traditionally, there was equal opportunity for women in that area.  People found guilty of corporal punishment would be subjected to criminal action.  Regarding shortfalls in education programmes, he attributed those to a lack of available funding for teachers and textbooks.  There were no discriminatory polices against girls in higher education.  In fact, girls were enrolled in science and technology education programmes, including in the field of medicine.

Country Response

Regarding the rise in teen pregnancies, a delegate noted improvements in that area due to awareness programmes in the outer islands.  Abortion was illegal in Tuvalu, but doctors could legally perform them on a pregnant woman with life-threatening complications, provided they had the woman’s consent.  There were no reported cases of legal abortions so far.  The Health Ministry was working to enact a policy to assist women with disabilities.  It had conducted a nationwide survey on persons with disabilities, which would guide policy formulation.  A regional ministerial meeting in November in the Cook Islands would address disability issues.

Regarding the secondary school dropout rate, another delegate said the Government had devised an “Education for Life” programme to guarantee universal access to educational opportunities, including trade and vocational programmes.  In the past, many children who graduated from primary school were not prepared academically to enter secondary school.  To remedy that, the Government developed a secondary school entrance exam.  Tuvalu had only one public high school.  Many students were sent to Fiji to attend high school or were placed in vocational education programmes at home.  Education received the greatest percentage of the Government’s federal budget, followed by health care. 

Another delegate said the law had changed to give women on maternity leave their full pay during the period of leave.  In terms of the criticism that the 12‑week maternity leave was too short, he said women were granted longer leaves if they required it due to health reasons.

Another delegate said the country’s annual national budget was just $20 million, with education receiving the greatest percentage of funding.  There was no gender-based discrimination in the education system.  The system was limited due to Tuvalu’s very small population, its remoteness and the great distances between villages.  People often went overseas to receive an education.

Experts’ Comments and Questions

Mr. BRUUN, expert from Finland, asked about measures to encourage women to enter into higher and better-paid posts in the fishing sector.

Ms. NEUBAUER, expert from Slovenia, asked for data on the extent of legal and illegal abortions, as well as on reproductive health-care education and counselling, particularly in schools.  Safe motherhood services were essential for reducing maternal mortality.  Without data on that, the Committee could not assess whether maternal health-care services were sufficient to prevent maternal mortality. 

Country Response

A delegate said the Government was now looking into a process to assist people with disabilities.  It had requested funding from one donor country for that programme and had been turned down.  It was seeking other donors at present.  Fishing was traditionally a male-dominated profession, but the Government would look into ways to bring more women into the field.  While there had been no women in senior posts several years ago, there were presently several, among them, the Attorney General and the Permanent Secretary of the Ministry of Home Affairs and Rural Development. 

Regarding abortion, another delegate said that women presently could legally obtain an abortion only if the mother’s life was in danger, but there had been no requests to use that provision thus far.  Regarding the culture of male dominance of brothers over their sisters and the rise in teen pregnancy, she said that in the past, incest between siblings and teen pregnancy were underreported.  The Government was taking those concerns into consideration when drafting policies to end teen pregnancy and address incest.

In terms of measures to bring more women into the fishing sector, another delegate said there were no policies that prevented women from engaging in fishing activities.  There were regional programmes for women’s advancement and participation.

Experts’ Comments and Questions

Ms. ARA BEGUM, expert from Bangladesh, asked about gender perspectives in disaster management plans and, in particular, provisions for elderly women.  She also asked about programmes on improving the water supply in rural areas, health services, other development programmes and the related trust fund.

Country Response

The delegation said that 1,000 water tanks had been donated for installation around the islands as part of an extensive, internationally-assisted water improvement project.  Fifty dollars a month was provided to all citizens age 70 or older for subsistence. 

The delegates acknowledged that climate change was already affecting Tuvalu, which had a national adaptation programme that encouraged planting along the coast.  There was no disaster policy, but the country had requested mitigation assistance from industrialized nations.  There were also projects to phase out the use of fossil fuels and move towards carbon neutrality.

They said that the main hospital was located in the capital and the journey was often dangerous for women who are coming there to give birth.  There was a transportation project being put in place to deal with that problem.  Regarding the trust fund, access for citizens of the outer islands was being increased.  Access to small, low-interest credit loans had also been put in place for women in rural areas.

Experts’ Comments and Questions

Turning to marriage and family arrangements, RUTH HALPERIN-KADDARI, expert from Israel, said that the situation in that area was alarming.  It seemed from the report that women were subjected to forced marriages.  The marriage age of 16 was not in line with the Convention’s expectations.  Concerning the dissolution of marriage, she saw many problems with maintenance payments and asked if the system for such payments would be made stronger.  In addition, she urged the enactment of rules for the equal distribution of property.  She asked if the land issue made custody more favourable to the father.

DORCAS COKER-APPIAH, expert from Ghana, asked what rights were applicable if a spouse died intestate.  She also wanted to know if polygamy was legally recognized in the country.

Country Response

The delegation said that polygamy was not legal.  Regarding maintenance payments, the court would only enforce such payments if a complaint was made by a woman.  Divorcing parties had to put forward their claims for division of property; there was no automatic division in favour of either party.  There were separate courts for land disputes and disputes over other property. 

Customary marriages, which occurred when the expenses were borne by the whole community, must be registered like statuary marriages, the delegation said.  There was no obligation for a woman to accept such a marriage; she could refuse.  Concerning the division of property if a spouse died intestate, the land court would decide the issue.  There was no difference in divorce law that applied to customary or statutory marriages.

Experts’ Comments and Questions

ZOHRA RASEKH, expert from Afghanistan, asked whether mental health services were part of the overall national health-care plans, and whether they were gender-sensitive.  What Government plans existed to tackle the increase of sexually-transmitted diseases among seafarers and women victims of rape?

Ms. HALPERIN-KADDARI, expert from Israel, asked if there were plans to change the lands code, which granted more property rights to sons than daughters.  What was the law of property distribution and was their equal sharing between women and men?  What was the Government doing to eliminate women’s shame and enable them to better demand their property rights upon divorce?

Ms. COKER-APPIAH, expert from Ghana, asked about the rights of widows to property other than land, such as bank accounts and investments.

Mr. FLINTERMAN, expert from the Netherlands, asked if there were any cases in which women had used the courts to obtain their rights.  As the office of people’s rights was overburdened, were there more informal dispute settlement mechanisms, and was the Convention used by them?

Ms. BELMIHOUB-ZERDANI, expert from Algeria, asked if there were both customary and civil marriages, and what the difference was between the two.  In divorce cases, was article 16 of the Convention applied?  In divorce, did the mother or father get custody of the children?  Were divorced mothers entitled to alimony and could they remain in the marital home?  Was the divorced mother on the same legal footing as the divorced father?  Could she leave the country without the divorced father’s permission?   

Country Response

A delegate said the age of consent of marriage in Tuvalu was 16, but anyone under the age 21 needed their parent’s consent to marry.  Divorced women could stay in the marital home and were granted custody of the children.  Their right to property and other shared assets was determined by the courts.  Regarding provisions on property distribution in the lands code, she said the eldest son was granted preference because he was expected to take care of the family in the case of the death of his parents.  As that traditional practice was changing, the land code could be revised.

Another delegate said at present there was no proper mental health-care service because the country lacked qualified professionals to provide it.  The Ministry of Health worked with church pastors, who often provided mental health counselling.  The Government had also adopted a plan to combat sexually-transmitted diseases and spread awareness about them.  There were educational and awareness programmes for seafarers and their wives.   Non-governmental organizations, such as the Tuvalu Family Health Association, the Council of Women and the International Committee of the Red Cross (ICRC) also assisted in that regard.

Another delegate, on implementing international conventions in domestic courts, said each of the outer islands had their own court, which determined divorce settlements.  If the divorced parties could not agree on the issues of maintenance and custody, the case was referred to a senior magistrate court located on the capital island.  The physical distance often inhibited women’s access to it.  Only if there was ambiguity in domestic law could cases apply provisions of international conventions.  

In concluding remarks, Mr. TELAVI said the session had given the Government the opportunity to look at issues raised by the Committee to ensure its compliance with the Convention.  He duly noted the Committee’s comments and concerns. 

Ms. GABR, expert from Egypt, said she recognized the limitations Tuvalu faced due to its remoteness and climate change.  She hoped, however, that it would advance women’s rights and empowerment and that it would incorporate the Convention into domestic law and invoke it in the courts, as well as raise the legal age of marriage to 18 and accede to the Optional Protocol to the Convention.

Committee on Elimination of

 Discrimination against Women

Chamber B, 892nd & 893rd Meetings (AM & PM)

AZERBAIJAN, DESPITE CONFLICT, HAS PUT IN PLACE RANGE OF MEASURES TO ACHIEVE GENDER
EQUALITY, DELEGATION FROM CAPITAL TELLS WOMEN’S ANTI-DISCRIMINATION COMMITTEE

Azerbaijan has instituted a wide array of initiatives for gender equality in a short period, despite recent conflict, experts of the Committee on the Elimination of Discrimination against Women said today, while at the same time expressing concern over trafficking in persons, the low percentage of women in decision-making positions and other issues.

Introducing the country’s fourth periodic report on compliance with the Convention on the Elimination of all Forms of Discrimination against Women, Hijran Huseynova, Chairperson of the State Committee for Family, Women and Children’s Issues, assured the expert Committee which monitor’s the treaty’s implementation that, despite dealing with the problems of the lasting territorial dispute that had displaced more than 1 million persons, her Government was fully committed to ensuring gender equality and protecting women’s rights in all spheres.

She said that the report, covering the period 2004 to 2008, showed such major developments as the establishment of the State Committee for Family, Women and Children’s Affairs at the ministerial level in 2006, the national machinery responsible for formulating and pursuing State policy on all aspects of women’s rights and empowerment, along with the implementation of the women’s Convention.

The Convention, its Optional Protocol -- a communications procedure that allows individuals to submit claims of rights violations to the Committee, and enables the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights -- and the Committee’s last set of recommendations had been translated into the Azerbaijani language and were widely disseminated, she said.  The recommendations had been discussed with State bodies and Parliament in order to integrate them into the policy formulation.  Collaboration with local non-governmental organizations had been greatly enhanced.

In addition, she said that a budgeting system had been established to guarantee equal division of financial resources among the sexes.  In 2008, the Government had allocated $120,000 for gender-equality and women’s empowerment programmes, and thus far in 2009, had already dispersed $600,000.

In accordance with previous recommendations of the Committee, she said, an amendment to the Family Code had been proposed to equalize the minimum marriage age for women and men, and the relevant parliamentary commission had predicted enactment during the 2009 fall session of the legislature.  In addition, a draft law had been conceived to address domestic violence, containing protective measures, counselling, rehabilitation and support services for female victims, as well as guidelines for the punishment of perpetrators.  An accompanying national strategy also aimed to combat domestic violence against displaced persons.

International experts had been commissioned to prepare a national strategy for combating violence against women that would accompany the legislation, she said, adding that the entire initiative had been greeted by a great deal of public debate and awareness-raising through the use of celebrities, mass media and workshops in rural areas.  The delegate also described initiatives to reduce unemployment, increase access to education, raise awareness on gender equality and prevent marginalization of women, particularly those in vulnerable groups.

Following Ms. Huseynova’s presentation, many of the Committee’s experts commended Azerbaijan’s efforts to comply with the Convention and to conduct in-depth budgetary analysis from a gender perspective.  However, they wondered why legislation on violence against women and changes to the Civil Code had taken so long to accomplish.  In addition, they expressed concern over the low percentage of women in political positions and in higher education, as well as the existence of early marriages.

Of great concern as well was the matter of trafficking in persons, which the Committee members maintained was a very serious problem for the country, as it was both a country of origin and transit.  They cited media reports of the involvement of police and other low-level officials in trafficking and they pointed out that the subject had not been included in the presentation of the report.

In their responses, the delegation said that trafficking in persons was indeed a crime in Azerbaijan and that law enforcement was working to stop it.  In addition, there were social programmes that aimed to keep women from becoming vulnerable to trafficking and to assist victims.  They said that the reports of the involvement of police and other officials had not been substantiated.

Much work had been done to change the Civil Code to equalize the age of marriage, and to change traditional attitudes towards early marriage, the delegation said.  Religious marriages did exist, but religious authorities in the country would not marry couples without them obtaining a civil marriage as well.

The delegation acknowledged that many challenges remained in those and other areas, however, it assured the Committee that its input was greatly appreciated and directly used to help the Government meet challenges towards the achievement of gender equality and the elimination of discrimination against women.

The Committee will meet again to review Switzerland’s third periodic report at 10 a.m. on Monday, 27 July.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) met today to review the fourth periodic report of Azerbaijan (document CEDAW/C/AZE/4).

The report was introduced by Hijran Huseynova, Chairperson of the State Committee for Family, Women and Children’s Issues.  The country’s delegation also included Agshin Mehdiyev of the State Committee for Family, Women and Children’s Issues; Oruj Zalov, Deputy Minister of Internal Affairs; Natig Mammadov, Deputy Minister of Labour and Social Protection; Irada Huseynova, Deputy Minister of Education; Murad Najafbayli, Chief of the Department of International Law and Treaties; and Faig Gurbanov, Chief of the Department of Human Rights and Public Relations.

Introduction of Report

Ms. HUSEYNOVA said that, despite the problems of the lasting territorial dispute, including more than 1 million refugees and internally displaced persons, her Government was fully committed to ensuring gender equality and protecting women’s rights in all spheres.

The report, she said, mainly covered the period 2004 to 2008, though some recent developments were included.  Major developments in the reporting period included the establishment of the State Committee for Family, Women and Children’s Affairs at the ministerial level in 2006, the national machinery responsible for formulating and pursuing State policy on all aspects of women’s rights and empowerment, along with the implementation of the women’s Convention.

The Convention, the Optional Protocol and the Committee’s recommendations had all been translated into the Azerbaijani language and were widely disseminated, she said.  Previous recommendations of the Committee had been discussed with State bodies and Parliament in order to integrate them into the formulation of policy.  At the same time, collaboration with local non-governmental organizations had been greatly enhanced.  A gender budgeting system had been established in conjunction with the United Nations country team and public debate was ongoing to guarantee equal division of financial resources among the sexes.  A book on “Gender Review of the Budget of Azerbaijan” had been published.  In 2008, the Government had allocated $120,000, but thus far in 2009, it had already dispersed $600,000 for activities to ensure gender equality and women’s empowerment.

In accordance with the Committee’s previous recommendations, an amendment to the Family Code had been proposed to equalize the minimum marriage age for genders, she said, adding that the relevant parliamentary commission had predicted enactment during the 2009 fall session of the legislature.  In addition, a series of measures had been conceived to address domestic violence, including a draft law that contained protective measures, such as shelters, counselling, rehabilitation and support services for female victims, as well as guidelines for the punishment of perpetrators.  It also provided for the creation of a statistical database on the problem.  International experts had been commissioned to prepare a national strategy for combating violence against women that would accompany the legislation.  The entire initiative had been greeted by a great deal of public debate and awareness-raising through the use of celebrities, mass media and workshops in rural areas.  That awareness-raising, along with an announced zero-tolerance policy, had increased women’s reporting of violent incidents.

She said that, under the programme to combat domestic violence, women refugees and internally displaced persons were offered a comprehensive range of services, which not only targeted violence, but also aimed to reduce unemployment, increase access to education, raise awareness on gender equality and prevent marginalization.  As a result of such measures, the poverty rate among internally displaced persons had been reduced from 74 per cent to 35 per cent during the past five years.  Other socially vulnerable groups of women and girls, from single mothers to the elderly to women released from prison, were targeted by the employment strategy approved in 2007.  The State programme on poverty reduction and sustainable development also fully incorporated a gender component.

The lack of balance in decision-making positions and the prevalence of women in low-paid jobs in education and health care had been subjected to studies that showed that armed conflict and psychological barriers had been the greatest obstacles to equality, she continued.  State programmes on economic development had stimulated the development of women’s micro and medium-size enterprises in rural areas and had increased the percentage of women entrepreneurs in agriculture, tourism, health care, carpet weaving and other areas.  Business training centres were established and, in 2005, the Association of Women Entrepreneurs had been created to strengthen the positive trends.  In addition, the State Committee on Family had established a council consisting of focal points from all ministries and other State bodies to mainstream gender equality and related issues into their structures.

As a result of those programmes, there had been a considerable increase of women in spheres that had previously lacked their representation, she said, pointing to many women in positions as high as Deputy Prime Minister, and the increase of women deputies with executive power in the regions -- 35 in the 85 regions, and 45 women heads of departments of executive bodies.  Those numbers were still insufficient, she admitted, and the Government would push for more women ministers and heads of local administration in coming years.  In that respect, she described the third national Congress of Azerbaijani Women held in Baku in 2008.  In addition, more than 500 women from each region were being introduced to gender guidelines and programmes through seminars, special training and publications.

Important amendments to the Labour and Family Codes had been made to ensure better balance of work and family life, and to remove barriers to equality of opportunity, she said.  Campaigns had been launched to combat stereotypical roles and discrimination, including activities at universities in 2008.  Workshops on relevant legal issues had recently been organized jointly with the Ministries of Justice and Internal Affairs, the General Prosecutor’s Office, law enforcement officials and the Supreme Court.  The Health Ministry had also considerably increased the number and quality of health-care services in the regions and there was an improvement in rural women’s access to health care, especially to reproductive health centres.  In addition, the education of women and girls was a priority of many State programmes, mobilizing all related agencies on rectifying situations where the percentage of girls entering universities was lower.

Experts’ Comments and Questions

PRAMILA PATTEN, expert from Mauritius, welcomed what she called a great amount of progress achieved in a short period of time in Azerbaijan.  She asked if the judiciary was being trained on the scope of the Convention and if women were actually bringing complaints before the courts and other bodies.

NIKLAS BRUUN, expert from Finland, asked if the Convention had been used in practice in the legal system and how it was assured that the judiciary was not influenced by the stronger parties involved in lawsuits.

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, asked why changes in essential laws took so long and how they could be accomplished more quickly.  She also wanted to know how complaints of discrimination could be pursued by women.

Country Response

The delegation said that training of judges and other workers in the legal and law enforcement systems were continually held at all levels, many in conjunction with international organizations.  Journals, Internet sites and other materials were also used for that purpose, along with a special manual published each year on the Convention’s provisions.  Treaty provisions were also disseminated continuously at a range of workshops.

As far as complaints being taken to court, in 2008 there had been three complaints that held up in court by women who had been fired because they were pregnant, the delegation said.  In 2008, 800,000 complaints had been made on property issues, with complaints made regarding violence and other problems.  On discriminatory laws, certain kinds of “positive discrimination” had been written into the laws in the areas of pension rights, marriage, military service and divorce.  In general, international laws held up well against national laws.  The new codex, constitutional changes and other legal changes had all been drafted bearing in mind Azerbaijani gender-equality legislation.

In 2000 in Azerbaijan, a three-stage court system had been instituted, which had sparked ongoing judicial reform and improved access to the legal system in rural areas and for vulnerable people, who had been targeted by many programmes.  Women’s complaints to the courts were taken very seriously, in order to strengthen trust in the courts, among other reasons.  Regarding the length of time it took to change civil codes, delegates said that the changes were significant, so they were difficult to accomplish in a shorter time period.

Experts’ comments and questions

VIOLETA NEUBAUER, expert from Slovenia, said she was impressed by the machinery that had been developed in Azerbaijan, along with the budgetary programmes.  She wanted more details, however, on the poverty reduction programme and the monitoring and evaluation of the effectiveness of all the gender-equality mechanisms that had been instituted.  She asked if the Action Plan for the Protection of Human Rights, similarly, had time frames for implementation, along with monitoring and review mechanisms.  Finally, she disagreed that the discriminatory provisions of Azerbaijani laws, in relation to military service and pensions, were necessarily positive, and pointed to what she thought might be a misunderstanding of the special temporary measures called for by the Convention, asking for a more detailed explanation of them.

NICOLE AMELINE, expert from France, asked for more details on the effectiveness of the new law against domestic violence, as well as timetables involved with the forthcoming law against domestic violence.

SOLEDAD MURILLO DE LA VEGA, expert from Spain, said she saw great commitment in Azerbaijan to overcoming its problems.  Consideration of the plight of internally displaced persons was particularly important.  Concerning refugees, she asked if issues of domestic violence entered into consideration of refugee status.  She also asked for further details about efforts to prevent domestic violence.

VIOLET TSISIGA AWORI, expert from Kenya, turned to the issue of human trafficking, saying that she had not heard anything on that during the presentation.  Referring to the report, she said that there was still a failure to recognize the scope of the problem.  There was also evidence of corruption among low-level judicial and law enforcement officials.  She also asked about steps to raise awareness of the problem and redress the lack of shelters for trafficking victims.

ZOHRA RASEKH, expert from Afghanistan, welcoming the country’s accomplishments in the area of women’s equality, said that Azerbaijan was a country of both origin and transit for trafficking, so the problem required a focused response.  She asked about preventive measures, punishments for perpetrators and services for victims.

Country Response

The delegation explained that the gender committees in Parliament covered the full spectrum of women’s issues and worked together with all the gender machinery of the country.  Regarding the Action Plan to protect women, since it was a plan that emanated from the President, all State bodies were involved, and monitoring was accomplished by regular, stringent reports.  There might appear to be some duplication of work, but that gave additional impetus to the programmes.  In every regional centre, there were now structures that dealt with women’s issues and there were central data gathering points for all those efforts.

Legislation on domestic violence was always difficult, a delegate said.  Azerbaijan’s delay in adopting a relevant law had been caused by working through all the problems involved, including lobbying in the Parliament against the opposition to the law and an awareness-raising campaign throughout the capital and the regions.  She was convinced that in a few months the bill would be adopted.  It was not merely a question of men being against the draft law and women being for it; the need for the bill was being questioned.

There was a main shelter for victims of trafficking that was also available to victims of domestic violence, the delegation said.  More shelters were planned, but the good functioning, and not the number of shelters, was the most important factor.  The country had acceded to all international agreements on trafficking, and data was being gathered in increasing detail.  The second Plan of Action to fight trafficking had been drawn up for the period 2009-2013.  Legal mechanisms had been set up to fight the threat and strategies had been drawn up to assist victims.  Cooperation with international efforts, strengthening of identification methods and work with non-governmental organizations had steadily increased.  Trafficking in human beings was recognized as a crime, with 76 cases investigated in 2008, alone.  The delegation also described social services that aimed at preventing trafficking, and more generally benefited women, including hotlines and crisis centres for youth.

The Action Plan on Human Rights adopted in 2006 was comprehensive, they said.  It was targeted at strengthening the rights of both vulnerable groups and individuals.  Most of the activities involved in the Plan were ongoing and systematic, so there was no time scale for them.  There was much attention to combating violence against women and trafficking in the Plan, with specific responsibilities for State structures and provisions for cooperation with non-governmental organizations.

In other areas, they said that special temporary measures had been instituted for the goal of gender equality.  In addition, they affirmed that there was criminal liability for rape and other forcible sex, with no requirement for proof of resistance on the part of the women victims.  There was, further, an integrated network of organizations and structures related to women’s issues.

Experts’ comments and questions

In follow-up queries, Ms. ŠIMONOVIĆ, expert from Croatia, and Ms. PATTEN, expert from Bangladesh, asked for details on programmes for the protection of women.  Ms. AWORI, expert from Kenya, stressed that violence against women and trafficking in persons were serious offences and sentences had to be issued accordingly.  Ms. RASEKH asked for explanations of the involvement of police officers in trafficking that had been reported in the media, as well as protections available for women in cases of harassment in the workplace.

Country response

Punishment for violence against women and harassment was prescribed by the criminal codes and labour codes, respectively, the delegation said.  Women had access to the justice system in those areas.  Punishments for domestic violence could not be predetermined because they were subject to the justice system and the draft law that was now in process.  The forthcoming laws should fill most gaps in that area.  There had been no cases of law enforcement officials involved in trafficking of human beings, despite much monitoring and media attention.  There were many more shelters now being planned.  They appealed, finally, for international assistance to women who suffered psychological violence due to the territorial disputes that had plagued the country.

Experts’ Comments And Questions

Turning to women’s participation in decision-making positions, Ms. MURILLO DE LA VEGA, expert from Spain, expressed concerns over the low number of women in Parliament -- 14 -- and the low percentage of women in decision-making positions.  Specific measures should be taken to ensure that women stood for election and received the higher education they needed to enter the judiciary, business fields and other areas.

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, noted that, according to the Azerbaijani Constitution, conflicts between the Convention and domestic law must be adjudicated in favour of the Convention.  The tools therefore existed to ensure that women were fully represented, and all efforts should be expended to make sure that that happened, starting with local elections.

Ms. AMELINE, expert from France, asked if there were plans to reform the Electoral Code to promote women’s participation.

Country Response

The delegation described programmes for training targeted at women, initiatives to empower rural women in business and other managerial endeavours.  As the country advanced economically, opportunities and attitudes had changed, allowing women to advance as well.  Counselling programmes were encouraging women to pursue careers that were not stereotypically enjoyed by women, and little by little, there were role models in that regard, including a General and 100 judges.  It was usually the women that needed to be convinced to apply for important posts.

Experts’ Comments and Questions

Turning to education, BARBARA EVELYN BAILEY, expert from Jamaica, said that there was inadequate information in the report on access to primary education.  Reasons for low participation of girls were also unclear, but poverty, early marriage and traditional stereotypes clearly contributed.  She also wanted more information on discriminatory messages in textbooks, as well as specific information on results of initiatives in the educational sphere.  She wondered if there was segregation of girls in the education system.

Regarding equal employment and pay, Ms. PATTEN, expert from Mauritius, commended the Government on measures to promote women’s advancement and assist those facing difficulties in the labour market.  She asked what measures were envisioned to narrow the wage gap between men and women and what mechanisms existed to deal with wage discrimination and to readjust pay rates in careers in which women were more prevalent.

Mr. BRUUN, expert from Finland, sought clarification on the rates of women’s unemployment and more information on initiatives to promote women’s access to private-sector jobs.  He also asked for more information on the sanctions applied when sexual harassment occurred.

Ms. AMELINE, expert from France, urged that women be incorporated in political and economic reconstruction.  She asked what kind of programmes ensured equal employment in private enterprise, particularly in areas in which the economy was expanding.

Country Response

The delegation said that universal primary education was a priority in Azerbaijan and was mandatory by law.  The Government had increased transport assistance to those in rural areas, for whom distance and disabilities presented obstacles.  Women made up nearly half of those engaged in educational training and represented 68 per cent of those receiving special vocational training.  There were processes under way in the Government to expand access to secondary and university education.  There were also ongoing initiatives to study the effects of early marriage and other obstacles to equal education.  The Government had focused on assisting agricultural businesses, prioritizing women, because the rural areas were hardest-hit during the period of conflict.  Fertilizers and equipment were subsidized.

Employers were obligated under the law to treat both genders equally, the delegation affirmed.  The public sector had a standard schedule of salaries, with no difference in scales for men and women.  Economic growth had reduced the poverty rate greatly, and employment had risen correspondingly, with a sharp rise in good quality jobs and rural employment in the private sector.  Women were prepared for the labour market in many ways.  Many programmes were held in coordination with the Internal Labour Organization (ILO).  Regarding sexual harassment, laws threatened violators with fines and complaints could be brought to courts.  Victims were duly compensated.

Experts’ Comments and Questions

ZOU XIAOQIAO, expert from China, commended the Government on its extension of access to health-care services.  She expressed concern, however, over the increase in abortions and maternal deaths.  She asked about the underlying reasons and about the extent of family planning coverage.  She also sought more detailed information on the situation of rural women and Government measures to counter poverty among them.

Ms. RASEKH, expert from Afghanistan, asked about the maternal mortality rate in rural areas and sought clarification on maternal health clinics.  She wanted additional information about programmes to counter HIV/AIDS, as well as those for family planning, women with disabilities and psychological health.

Country Response

The delegation said that there had been intense consultation with the World Health Organization (WHO) on lowering the maternal death rate and improving maternal health.  Despite that, there had been a rise in such deaths through 2005, but since then, the rates had been lowered through decentralization of services.  Some 300 new health institutions had been built in the past few years, mainly in rural areas and mainly Government-funded.

There were also specific plans for anti-HIV/AIDS efforts and other areas of reproductive health, they said.  The use of contraceptives had risen with international aid, but now import of free contraceptives had almost stopped, and abortions had risen.  Contraceptives must now be included in State-provided medical provisions, as all medications.  Much health care was free and provided by the Government.

As for services for persons with disabilities, all women in that category received either benefits or pensions.  Rehabilitation, prostheses and equipment were provided as part of the free health services, along with accommodation if needed.  There were also Special Olympics and other programmes.

Ms. BELMIHOUB-ZERDANI, expert from Algeria, asked what kind of changes to the marriage age were included in the coming amendments to the civil codes.  She also wanted to know if traditional or religious marriage existed in parallel or if it existed in the private sector alone.

Ms. AWORI, expert from Kenya, expressed concerns in the same areas.

Country Response

Much work had been done in the new family codes to settle the marriage age, the delegation said, adding that it was nearly certain that the changes would be made in the next few months.  In the area of marriage contracts, through which both sides recognized each others’ rights, much progress had been made.  Medical tests before marriage were being encouraged, but could not be made compulsive at this point.

Religion was separate from the State in Azerbaijan, the delegates said, but the Government worked with the religious authorities.  Religious authorities did not allow religious marriages without corresponding civil ones.  Much work had been carried out to stop early or forced marriage, and that had greatly reduced those practices.  Those matters were still being actively discussed in the public sphere as well as in educational institutions.

Committee on Elimination of

 Discrimination against Women

Chamber B, 890th & 891st Meetings (AM & PM)

JAPAN TELLS WOMEN’S ANTI-DISCRIMINATION COMMITTEE EFFORTS TO MEET TREATY

 

OBLIGATIONS BEARING FRUIT, BUT PROGRESS SLOW BY INTERNATIONAL STANDARDS

Recognizing strides made by women in Japan in the 24 years since the country had acceded to the Convention on the Elimination of All Forms of Discrimination against Women, experts of the Committee that reviews compliance with that Convention today discussed ways the country could overcome entrenched attitudes and other persistent obstacles to women’s equality.

Presenting Japan’s sixth periodic report to the Committee on the Elimination of Discrimination against Women, Chieko Nohno, Member of the House of Councillors, said that the effects of the country’s efforts to fulfil its obligations under the Convention were now becoming apparent.  Women who had begun working under the Equal Employment Opportunity Act enacted just after the Convention was ratified were now working in managerial positions in big corporations.  Correspondingly, men who had studied under the equal provision of home economics training that had begun in 1993 were now taking on housekeeping chores, such as taking their children to school.

Ms. Nohno, supported by a 20-person delegation, said that it was undeniable, however, that progress in gender equality had been slow by international standards, despite the country’s high education and development levels.  Stereotypical gender roles remained deeply entrenched, it was difficult for women to balance work and family life, and women had little support for professional advancement.  For that purpose, it was important to further promote “positive actions” by business corporations, support the training of mentors and provide active support for networking, so that women could pursue their careers with high motivation.  Such structural problems, however, could not be overcome in a short time period, and steady and proactive efforts continued.

She said that, in light of the Committee’s last review, a Second Basic Plan for Gender Equality had been formulated in 2005, including strategies to increase women’s representation in leadership roles, business management and scientific occupations.  Attention to work-life balance and the elimination of stereotypes were major components of that plan.  She also outlined legislative action that was being taken to counter violence against women and trafficking in persons.

In their comments and questions, Committee experts expressed concern that overall definitions of discrimination and indirect discrimination, required by the Convention, had yet to be established in Japanese law.  They also noted that discriminatory civil legislation remained, and expressed worry that provisions of the Convention had yet to be enacted into national law.  Even if ratification of the Convention made its provisions binding, judges would often give precedence to laws actually written into domestic law, they maintained.  Training of justices and civil service workers could help rectify that problem, but further legislative action was required, they stressed.

Experts also called for more action to make amends for the Japanese enslavement of foreign women as sexual “comfort women” during the Second World War.  Dealing with that legacy head on, including a strong apology and direct reparations to victims, could help improve attitudes towards women among Japanese society itself, they suggested.  Among other concerns, experts spoke at length about the prevalence of pornographic video games depicting women enjoying rape and other degradation.

Replying at length to those and other concerns, the delegation stressed that discrimination was defined and outlawed by the Japanese Constitution and indirect discrimination was defined in relation to specific laws.  In addition, it affirmed that treaties and conventions had equal status to national law.  Training was provided to judges to help them apply the provisions of the Convention, though more might be needed.

They said that the damage done to “comfort women” had been acknowledged by the Government, and the matter had been settled legally by the Treaty of San Francisco, after the war.  Additionally, assistance to surviving “comfort women” was being provided.  They agreed that the problem of video games and the civic codes were of great concern and were now the subject of public discussion.  They stressed that the advice and guidance of the Committee would be used for further progress in all areas.

The Committee will meet again in Chamber B at 10 a.m., on Friday, 24 July, to consider Azerbaijan’s fourth periodic reports.

Background

The Committee on the Elimination of Discrimination against Women met today to consider the sixth periodic report of Japan (document CEDAW/C/JPN/6).

The Japanese delegation was headed by Chieko Nohno, Member of the House of Councillors.  It also included, from the Gender Equality Bureau: Atsuko Okajima, Yuko Tsukasaki, Atsuhiro Kaneko and Sakiko Yonamine.  From the Ministry of Foreign Affairs, it included: Mitsuko Shino, Junko Irie and Kei Kamei, and from the Ministry of Justice, Kazuki Komagata, Fuminori Sano, Junichiro Otani, Naomi Hirota, Eriko Nakanishi.  From the Ministry of Health, Labour and Welfare were: Natsuko Horii, Mari Arakaki, and from the Ministry of Agriculture, Forestry and Fisheries, Tomochika Motomura.  Machi Oshiyama attended from the Ministry of Education, Sports, Science and Technology and Takashi Ashiki, Akihito Teruuchi and Fuzuki Nomura from the Mission of Japan to the United Nations.

Introduction of Report

Ms. NOHNO, noting that 24 years had passed since Japan had acceded to the Convention on the Elimination of All Forms of Discrimination against Women, said that the effects of the country’s efforts to fulfil its obligations under the Convention were now becoming apparent.  Women who had begun working under the Equal Employment Opportunity Act enacted during the same period, and their younger colleagues, were now working in managerial positions in big corporations.  Correspondingly, men who had studied under the equal provision of home economics training that had begun in 1993 were now taking on housekeeping chores and taking their children to school, among other tasks.

She said it was undeniable, however, that progress in gender equality had been slow by international standards, despite the country’s high education and development levels.  Stereotypical gender roles remained deeply entrenched; it was difficult for women to balance work and family life, and women had little support for professional advancement.  For that purpose, it was important to further promote “positive actions” by business corporations, support the training of mentors and provide active support for networking, so that women could pursue their careers with high motivation.  Such structural problems, however, could not be overcome in a short time period, and steady and proactive efforts continued.

She said that, in light of the Committee’s last review, discussions had been held at the Council for Gender Equality, and the Second Basic Plan for Gender Equality had been formulated in 2005.  As with the First Basic Plan, the new Plan was based on the Beijing Platform for Action, but further revisions to laws had been made.  The expansion of women’s participation in decision-making in all fields was targeted, with the goal of increasing women’s share of leadership positions to at least 30 per cent by 2020.  Along with the Third Science and Technology Basic Plan, a target had also been set for 25 per cent women among all natural science researchers, as well as increasing women’s participation in agriculture, engineering and technology.  The Government had instituted work child-care programmes to help achieve that.

In 2008, she added, the headquarters for the Promotion of Gender Equality had formulated the Programme for the Acceleration of Women’s Social Participation, which helped women achieve work-life balance, capacity-building and awareness-raising to boost women’s participation in all fields.  The Programme had set a target of raising the percentage of female national public employees at the managerial level from the 1.7 per cent of 2005 to around 5 per cent by the end of fiscal year 2010.

In the field of employment, initiatives had reduced cases of explicit gender discrimination, she noted.  Remaining cases of discrimination and other harmful treatment tended to be more complex and difficult.  For that reason, the Equal Employment Opportunity Act had been revised in 2006 to encourage companies to take positive action to eliminate existing gender gaps.  To spur fair treatment of non-regular women workers, the Act on Improvement of Employment Management for Part-Time Workers had been revised and had been in force since 2008.  The Government had also provided support for new business start-ups to encourage women in that area.

Regarding work-life balance, she said the Government methodically visited business premises to confirm that the necessary systems had been put in place as per the rules of employment.  Rules on family leave, overtime and other matters were becoming firmly entrenched.  Since many women were still quitting their jobs because of childbirth, the Child Care and Family Leave Act had been revised several times, lastly in June.  Plans for support to workers to balance work and child-rearing, in businesses with more than 301 permanent workers, must be submitted to the Minister of Health, Labour and Welfare.  Efforts to expand that programme to smaller businesses were under way.  In addition, the 2007 Charter for Work-Life Balance and the Action Policy for Work-Life Balance set forth all fundamental policies in the area, taking into account varied lifestyles.

In the area of violence against women, she said that penalties had been strengthened in 2004 for rape, forced indecency and other crimes.  In addition, the Government had defined the crime of gang rape so a heavier penalty could be applied in such cases.  The International Day for the Elimination of Violence against Women had been marked with two weeks of awareness programmes.  The 2001 Act on the Prevention of Spousal Violence had been twice revised to broaden the definition of violence to be prevented and to expand the protection order system.  A telephone guidance service had been established for victims and potential victims, and efforts were being made to facilitate service at consultation desks in police stations.

Turning to trafficking in persons, she said that a 2004 action plan had engendered collaborative work between relevant ministries and agencies to help eradicate that problem and a review of the plan had begun in July.  In 2005, the Diet had ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, supplementing the United Nations Convention against Transnational Organized Crime.  A corresponding law partially revising the Penal Code had come into force, as well.  Several revisions had been made to immigration laws to protect victims.

Since 2008, she said, the Council for Gender Equality had also examined the difficulties women faced in their lives, such as those posed by single-parent families, domestic violence, unstable employment and living abroad.  Finally, The Government had been studying the possibility of adopting the Optional Protocol.  As there were currently a range of different opinions in that regard, the country would consider those discussions.

Experts’ Comments and Questions

PRAMILA PATTEN, expert from Mauritius, said that the need for a definition for discrimination had been one of the first comments directed to Japan in earlier reviews.  Up to now, there still was no such definition.  The definition of indirect discrimination in the Equal Opportunity Law was extremely restricted and problematic.  She encouraged further work in that area.  In addition, the Civil Code still contained discriminatory provisions in many areas. She asked about plans to eliminate such laws.  She also asked about progress on the inter-ministerial dialogue in regard to the Optional Protocol.

NIKLAS BRUUN, expert from Finland, said the status of the Convention under domestic law was a matter of concern.  He asked what was being done to ensure the Convention’s full incorporation into national law, since the latter often seemed to overrule the Convention.  He expressed the need for awareness-raising among justices and civil service employees.  He also asked what the Government intended to do about the open market for pornographic games, in which women and girls were depicted as enjoying being raped.

DUBRAVKA ŠIMONOVIĆ, expert from Croatia, worried that the Convention was seen in Japan as merely a declaration and not as fully incorporated national law.  In order to remedy that situation, it was important to ratify the Optional Protocol.  She also noted disparaging remarks made by high Government officials about older women, and asked how their effects would be countered in the future.

VIOLETA NEUBAUER, expert from Slovenia, asked for a clearer picture of the gender quality machinery in Japan and how gender mainstreaming was ensured.  She also asked for concrete information on the main results from the implementation of the Second Basic Plan, and whether the Convention was being considered in the formulation of the Third Basic Plan.

Country Response

The delegation responded that gender-based discrimination was prohibited by the Japanese Constitution.  The Women’s Convention had been ratified in 1985 and before that the Equal Opportunity Law had been enacted, along with many other related laws.  The Government was preparing the Third Basic Plan, with the Convention as a very important instrument.  Awareness campaigns were being instituted, pamphlets were published for the public about the treaty’s thirtieth anniversary, and training was being provided for justices and civil servants.

Regarding the national machinery, the delegation said that the National Equality Bureau reported directly to the Prime Minister and other Ministers and that the Government had allotted some ¥4 trillion for its operations.  It was trying to establish a society based on gender equality.  Twelve State ministers and advisers comprised the national panel on equality and there were also many special committees on the impact of specific policies.

The civil code had not been amended, they said, adding that it had been the law of nationalities that had been amended to comply with the Convention.  The country was working very hard to counter gender stereotyping, including through awareness-raising and the presentation of role models.

A delegate added that the definition of indirect discrimination had been based on suggestions by the Committee, and a stronger definition had been sought in multisectoral dialogues.  New kinds of cases would be added in the future.  Concerning revisions to the civil codes, discussions were ongoing.  On raising awareness among justices, there was training on matters related to the Convention being seated on the bench.  As for the Convention’s status in national law, the Constitution held that international agreements had the same effectiveness as domestic law.  As had been mentioned, inter-ministerial study groups had been examining the Optional Protocol; however, some conflicts with the Japanese justice system had become evident.  Discussions were ongoing for that reason.

Games depicting violence against women had become a serious issue in Japan.  The Government had instituted a study group to suggest policy directions in that area.

Experts’ Comments and Questions

Ms. NEUBAUER, expert from Slovenia, asked for more information on concrete measures to counter stereotyping, in particular with regard to the educational system and the media, and introduced questions about exploitation of women.

SOLEDAD MURILLO DE LA VEGA, expert from Spain, said that the Government should make a public apology for sexual slavery of women during the Second World War and prosecute those responsible while they were still alive.  Such action would do much to change attitudes in Japan towards women.  She asked what policies were in place, including those on punishment of perpetrators and compensation for victims.

VIOLET TSISIGA AWORI, expert from Kenya, asked for up-to-date information on women admitted to Japan on entertainment visas, which were associated with trafficking.  In addition, maintaining that trafficking laws were now piecemeal, she asked if a comprehensive law was being considered.  She also noted that internship and trainee programmes were now being used to exploit women and claimed that the Government had made such programmes easier, which might be exacerbating the problem.

ZOHRA RASEKH, expert from Afghanistan, said that the promotion of sexual violence by video games should be stopped, and asked what measures were being taken in that regard.  She also asked about measures to stop marital rape and sexual abuse of children.

Ms. ŠIMONOVIĆ, expert from Croatia, said it was clear that more preventive measures were needed to stop violence against women.  In the area of domestic violence, it was important to cover all intimate relations and to ensure that help lines were available 24 hours a day.  She asked if marital rape had been criminalized.

Country Response

The delegation agreed it was important to include gender equality in the media.  There were no laws that ensured that, but guidelines had been distributed to all media outlets.  Improvements would occur if the target of 30 per cent of women holding positions in media by 2010 was met.

There were provisions for shelter and other assistance for victims of trafficking, said the delegation.  Trafficking was subjected to harsh punishment.  There was no comprehensive law, but current laws were constantly revised to cover the problem.  Regarding pornography, the child pornography law was being strengthened.  Animated pornography was not covered under that law.

The scope of the spousal violence law had been expanded, but it was important that it be effectively enforced, acknowledged the delegation, which also sought improved telephone consultation services for victims of violence.  There had been a response to internships and training programmes that had been exploitive, including hotlines, visits to companies and immigration surveillance.  Labour laws had been revised to include trainees as well.

Guidance would be increased for companies to combat workplace harassment, with public censure of those companies that did not cooperate.  In 2008, 9,238 interventions had been provided.

The delegation said that war had been renounced in the Japanese Constitution; that had been the major lesson of the Second World War in Japan.  The Government had already expressed remorse for the use of “comfort women”, and the issue had been legally settled, but the Asian Women’s Fund was being assisted to help “comfort women” in their old age, with some ¥4.8 billion being provided for that purpose.

Concerning education on gender equality, training in human rights had been given to teachers, the delegation said.  Responding to other questions, the delegates said that marital rape was punishable as rape.  In addition, there had been a huge reduction of issuance of entertainment visas.  Victims of trafficking received flexible treatment, including special permission to stay in the country.

Experts’ Comments and Questions

Ms. ŠIMONOVIĆ, expert from Croatia, said that there was evidence that justices were often not aware of the Convention, even if international agreements had status.  In addition, the issuance of protection orders should be speeded up.

Ms. PATTEN, expert from Mauritius, said that the Constitution was not enough to fulfil the need for a definition of discrimination.  Neither were definitions that were included in specific laws.  In all legal matters, it was necessary for women to receive legal aid to adequately participate in the system, and she asked what provisions were being made for that.

Mr. BRUUN, expert from Finland, and Ms. RASEKH, expert from Afghanistan, asked for more details on measures against sexual violence, workplace harassment and other matters.  Ms. MURILLO DE LA VEGA, expert from Spain, asked if “comfort women” were actually receiving the funds mentioned and if there would be sanctions against the perpetrators of their abuse.

ZOU XIAOQIAO, expert from China, expressed the hope that Japan would face the issue of “comfort women” honestly.  She also asked what form of punishment was received by those who had been convicted of marital rape.

Country Response

The delegation replied that training courses were available for judges, and there was a law for legal assistance, which was provided to victims of harassment and others.  It reiterated that marital rape was considered rape.  The 1996 partial revision of civil codes was posted publicly and national opinion was frequently surveyed to promote discourse and encourage further change.  The delegates agreed that quicker protection orders could be useful in cases of marital violence, but there was a need for care in applying such orders.

They also described some of the remedies available in sexual harassment cases, saying that, often, the priority was protecting the employment of the victims involved.  There were extensive mechanisms to deal with sexual harassment in educational settings.  The delegation reiterated that the San Francisco peace treaty had settled all legal issues regarding “comfort women”.  Payments to individual women depended on the country in which they resided.

Experts’ Comments and Questions

NICOLE AMELINE, expert from France, started off with questions about women’s participation in decision-making positions, asked whether quotas or other enforceable benchmarks were envisioned to ensure balance in key professional sectors, since equality in those areas was essential to equality in a democratic society.

Ms. MURILLO DE LA VEGA, expert from Spain, said that too much faith was being placed in awareness-raising to ensure the political participation of women.  The goals envisaged for 2020 were far in the future, but the number of women presently in high political office was woefully low for a developed country.

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said that, even if there were many women representing Japan in international organizations, too little had been done in the past few years to increase women’s representation in national and local government.

Country Response

The delegation said it recognized that women’s political participation was much too low and that was why the Government had targeted a 30 per cent increase by 2020.  There was no quota system nationally, but some political parties did have quotas for women candidates.  Government organs were promoting women’s participation through awareness-raising and other action, and there were many role models for women’s leadership.  The delegates noted that there was a high percentage of Japanese women active in international organizations, but acknowledged that that area was less significant because it involved comparatively few people.

Experts’ Comments and Questions

BARBARA EVELYN BAILEY, expert from Jamaica, starting the discussion of educational and work-related matters, asked about the Government’s position on sex education in schools, as well as screening of textbooks for gender-related material.  She commented that the teaching of mutual respect was not always sufficient to overcome stereotypes.  She also asked for explanations of the gap between the high rate of women in higher education and the relatively low rate of women professors and other occupations which should result from such education.  She asked also for more information on minority women’s access to education.

Ms. PATTEN, expert from Mauritius, noted that the gender pay gap had actually increased in the period 2004 to 2006, and asked how the Government planned to tackle the issue.  Provisions of current laws seemed to cover very few part-time and other irregular workers.  Improvement of the legislative framework was crucial to establish the principle of equal pay for equal work.  She also maintained that the tax treatment for domestic work was discriminatory.

Mr. BRUUN, expert from Finland, said that many more women than men were working in non-permanent positions and he asked what the Government was doing to improve that situation.  He sought clarification on how employees hired out through agencies were treated under equal employment laws.  He also asked about Government efforts to help minority women in the labour market.

Ms. AMELINE, expert from France, asked if there were improvements planned to the maternity-leave system, and to whom family payments were made.  She urged an increase in child-care facilities.

Ms. XIAOQIAO, expert from China, starting the discussion of health matters, praised Japanese programmes that had led to low maternal mortality rates.  She asked about HIV/AIDS prevalence rates and measures planned by the Government in that area, as well as for reducing teenage abortion rates.  She expressed concern that not enough was being done in the area of teen sex education, particularly to counter the effect of pornographic video games.

Ms. RASEKH, expert from Afghanistan, asked for details about punishment for illegal abortions and the requirement to secure male agreement for an abortion.  She also discussed the reticence of Ainu women to go to doctors because of the social stigma against body hair, and expressed concerns over the health effects of military bases in Okinawa, particularly on pregnant women.

Ms. XIAOQIAO, expert from China, raised the problems of rural women.  She asked for more detailed information about their situation, including their access to credit and education and their protections against domestic violence.  Had any surveys been conducted on problems faced by foreign women married to Japanese men?

Country response

On educational equality, the delegation said that relevant law had been revised in 2006 and now many schools were coeducational.  Based on the new law, a new education promotion plan had been instituted in 2008, giving many opportunities to women students.  Textbooks were written in the private sector, but were authorized by the Ministry of Education.  Local boards could choose among those books.  Gender equality was considered in the authorization process, and there were textbooks targeting gender stereotypes.

There was no teaching requirement about so-called “comfort women”, but some authorized textbooks included information about them.  Since 2008, universities had been encouraged to promote women for faculty positions, and the percentage of women on faculties was increasing.  Encouragement was also provided for women to enter engineering careers.  Sex education was provided to help prevent the spread of HIV/AIDS and to help counter the prevalence of sexual material in the media.

Regarding the wage gap, the delegation said it was narrowing, but was still a problem compared to other industrialized countries, possibly because of differences in length of service.  Life-work measures were essential to make it easier for women to stay at their jobs after childbirth.  In labour law, however, women were entitled to equal pay.  There was a labour law regulating the employment of workers dispatched by agencies.  Definitive information on part-time workers was not available, but the Government provided subsidies to companies who converted such workers to full-time.

Minority women were by protected under the Constitution from discrimination, and by law in work situations, delegates said.  Women in rural areas had been given access to credit and other help in pursuing business enterprises.  Regarding health concerns from the noise generated by American bases in Okinawa, consultations had been ongoing and noise-proof windows had been subsidized.

Experts’ Comments and Questions

Ms. AWORI, expert from Kenya, asked what measures were being taken to revise the Civil Code.  She also noted that 1 out of 16 Japanese men were married to foreign women and asked how those women were protected.  She also asked about specific measures to protect migrants, single mothers and other women in difficult situations.

Country Response

Information on civil codes was subjected to public discussion by being posted on websites, so that a change in attitude could be achieved, the delegation said.  As for foreign women married to Japanese men, decisions were made on a case-by-case basis on protections in cases of divorce.  Many factors were considered when deciding whether those women were allowed to remain in Japan.  There was a special cabinet committee that was examining issues related to women in the difficult situations that had been mentioned by the expert.

Experts’ Comments and Questions

Ms. PATTEN, expert from Mauritius, asked if the large percentage of women in irregular employment did not represent discrimination itself.  On the other hand, there were only some 5 per cent of women in management careers.

Ms. ŠIMONOVIĆ, expert from Croatia, reiterated that if the Convention was actually part of the national legal system, then the civil codes that conflicted with it would be struck down.

Ms. RASEKH, expert from Afghanistan, said it was evident that more measures must be taken to counter discrimination against minority women in employment and other areas.  She asked if such measures were now planned.

Country Response

The delegation responded that many women chose to work part-time, but it was important to have fair practices no matter what kind of work was chosen.  That principle also applied to the different careers chosen.  It affirmed again that the Convention was considered law in Japan and that minority women were protected by legislation.

Concluding Remarks

Ms. NEUBAUER, expert from Slovenia, expressed appreciation for the Second Basic Plan and other measures to decrease discrimination against women in Japan, but said that much more must be done.  She summed up the concerns expressed by experts, including the lack of a definition of discrimination and the need to incorporate the Convention into national law and other areas.  She hoped that the dialogue would inspire more action to bring the country into compliance with the Convention.

The delegation thanked the Committee for its advice.

Committee on Elimination of

Discrimination against Women

Chamber B, 888th & 889th Meetings (AM & PM)

UNDER EXAMINATION BY WOMEN’S ANTI-DISCRIMINATION COMMITTEE, DENMARK UNDERSCORES
PUSH TO PROTECT WOMEN’S EMPLOYMENT, CURB DOMESTIC VIOLENCE, HUMAN TRAFFICKING

Denmark had established strong institutional mechanisms, including a Minister for Gender Equality and a complaints board, to protect women’s rights in the labour market and curb domestic violence and human trafficking for sexual exploitation, the Deputy Permanent Secretary of Denmark’s Department for Gender Equality told the Committee monitoring State parties’ compliance with the Women’s Convention today.

Presenting Denmark’s seventh periodic report to the Committee on the Elimination of Discrimination against Women, Vibeke Abel underlined the country’s commitment to fully implement the Convention.  Towards that goal, Denmark’s Act on gender equality was continuously being revised -- most recently, in May.  The Minister of Gender Equality had also been transferred to the Ministry of Employment to provide a good opportunity to work harder on issues like the gender pay gap and a gender segregated labour market.

She said that as part of the Danish Government’s overall gender mainstreaming strategy, an inter-ministerial steering committee, as well as gender mainstreaming networks, had also been established.  The single focus on human resource management in those ministries had been replaced by a wider focus on policies, resulting in the formulation of gender equality policies in each ministry and 15 cross-cutting gender equality goals.

Noting that violence against women was a violation of the Danish Criminal Code, she said that from 2001 to 2005, the number of women experiencing partner violence had fallen from 42,000 to 28,000.  To further reduce the ranks of the battered, the Government had also launched a new National Strategy to Combat Violence in Close Relationships 2009-2012.  That strategy placed a special focus on migrant women, who were especially vulnerable and often ignorant of their rights.  Other forms of violence, such as honour-related violence and forced marriages, were also being targeted in a range of initiatives.

While human trafficking was a “horrible crime” and the most obvious example of gender inequality in Denmark, she reported that there were no plans to curb prostitution by targeting clients, as Sweden had done.   Denmark believed that prostitution was a social issue, and while trafficking might include a criminal element, it was also being tackled in the social arena.  To that end, a large-scale initiative aimed at allowing female prostitutes to choose “a different life” had been launched in 2005 and a Competence Centre against Prostitution had been established.

As part of its longer-term vision, Denmark had placed a special focus on educating children and young people about gender roles so gender inequalities in education, employment and family patterns could be broken in the future.  For that purpose, a range of initiatives and debates, including a guide for teachers and a children’s book, had been launched in schools and kindergartens.

Joining Ms. Abel were the Special Adviser of the Faroe Islands Representation in Copenhagen and the Head of Section of Greenland’s Family Affairs and Health, who presented the situations in the self-governing and autonomous territories of Greenland and the Faroe Islands.

Torben Weyhe said that the entry into force on 21 June of Greenland’s Self-Governance Agreement called for a heightened responsibility in which both Greenlandic men and women contributed equally to and benefited equally from the process of achieving independence.  The new Government of Greenland, which consisted of four women and five men, would continue the work of the previously-established Gender Equality Council by reinforcing the gender equality debate through television campaigns and Internet forums, and placing gender equality ambassadors in every town.

Pol E. Egholm said that since the last time the Faroes had presented on the Convention, a vigorous debate on gender equality in politics had taken place.  In 2005, the Government had established an independent committee, Demokratia, which had encouraged women to participate in politics.  As a result of the November 2008 elections, female parliamentary representation had increased from 9.4 to 21.2 per cent.

While praising Denmark’s continued progress, experts of the Committee voiced concerns that strides towards gender equality in national Government were unmatched at the municipal level.  Several wondered whether women were not motivated to stand for elections or if they were prevented from doing so by other systemic obstacles.  Some asked if the adoption of temporary special measures in the form of quotas had been discussed to encourage women’s increased participation at the local level.  A number of Committee members also expressed reservations that Denmark’s decision not to incorporate the Women’s Convention in national legislation hobbled its ability to fully realize the Convention’s provisions.

Responding to those concerns, delegates said the Convention did not place any obligation on Denmark to incorporate it in Danish law, but only required that the Convention be implemented throughout legislation.  Denmark had several acts that stressed gender equality and, when ratifying the Convention, it had followed standard procedure in assessing how domestic law stood up to the treaty’s provisions.  It took the Convention very seriously and believed it would live up to its highest standard.

The Committee will meet again at 10 a.m., on Thursday, 23 July, in Chamber B to consider Japan’s sixth periodic report.

Background

The Committee on the Elimination of Discrimination against Women (CEDAW) met today to consider seventh periodic report of Denmark (document CEDAW/C/DEN/7).

Led by Vibeke Abel, Deputy Permanent Secretary of the Department for Gender Equality, the Danish delegation also included Kira Appel, Special Adviser in the Department for Gender Equality; Soren Feldbaek, Head of Section of the Department for Gender Equality; Lis Garval, Minister Counsellor of the Ministry of Foreign Affairs; Eva Raabyemagle, Counsellor; Vibeke Henriette Hauberg, Head of Division of the Ministry of Refugee, Immigration and Integration Affairs; Agnette Andersen, Special Adviser of the Ministry of Employment; Mohammed Ahsan, Legal Adviser in the Ministry of Justice; and Thomas Tordal-Mortensen, Head of Section of the Ministry of Justice.

Pol E. Egholm, Special Adviser of the Faroe Islands Representation in Copenhagen, represented the Faroe Islands, and Torben Weyhe, Head of Section of Family Affairs and Health, represented Greenland Home Rule.

Introduction of Report

Introducing the report and noting that representatives from the self-governing and autonomous territories of Greenland and the Faroe Islands were included in the Danish delegation, Ms. ABEL stressed that gender equality was a fundamental right that applied to everyone in Denmark.  As part of its commitment to ensuring full implementation of the Convention’s articles through a coordinated and comprehensive strategy across all sectors, the Government had established strong institutional mechanisms, including a Minister for Gender Equality, a complaints board, and nationally-funded independent organizations and research institutions.  The Minister of Gender Equality had recently been transferred to the Ministry of Employment to provide a good opportunity to work harder on issues like the gender pay gap and a gender segregated labour market.

In relation to Part 1 of the Convention, she said all relevant laws were assessed from a gender perspective before being adopted and targeted policy measures were implemented to ensure women enjoyed both de jure and de facto equality.  Denmark’s Act on gender equality was continuously being revised -- most recently in May -- to strengthen the provision on the gender composition on boards and committees appointed by ministers.  Currently, 41 per cent of seats were held by women.  But despite having a fairly gender-equal society, women continued to face gender pay gaps, an unequal balance in top management positions, domestic violence and trafficking, among other ills.

The Government wished to ensure that all citizens were able to utilize their full competences, she said.  It also considered women’s sexual and reproductive health and rights fundamental to their human rights.  Further, the Convention was a relevant source of law in Denmark.  A special focus was placed on gender roles among children and young people so that education, employment and family patterns would be less plagued by stereotypes.  Such early efforts involved women and men and girls and boys.  A range of initiatives and debates, including a guide for teachers and a children’s book, had also been launched in schools and kindergartens to educate children about gender roles.

As part of the overall gender mainstreaming strategy, the Government’s ministries had launched a plan to develop skills and build up competences. Individual e-learning programmes and four operational tools had been developed.  On the management level, an inter-ministerial steering committee had been established along with gender mainstreaming networks.  The single focus on human resource management in those ministries had shifted to a focus on policies, resulting in the formulation of gender equality policies in each ministry and 15 cross-cutting gender equality goals.

Turning to the situation of female prostitutes, she said a large-scale initiative aimed at allowing those women to choose “a different life” had been launched in 2005 and a Competence Centre against Prostitution had been established.  Those efforts aimed to limit prostitution and reduce social, mental and physical consequences.  An evaluation in 2008 showed that prostitutes felt more comforted knowing that help was available if needed.

She said her Government remained concerned about the trafficking of women for sexual exploitation, and due to its second national action plan to combat all forms of human trafficking, both the number of women identified as trafficked and the number who had been offered support had grown.  A recent survey showed that 93 per cent of Danes were familiar with the phenomenon of human trafficking and nearly two thirds would immediately contact police if confronted with an example.  In 2007, an anti-trafficking centre had been set up to prevent the phenomenon, provide social protection to victims and bring traffickers to justice.

Regarding articles 7 and 8 of the Convention, she said that as part of efforts to achieve a better gender balance in local government, the Government had distributed a pamphlet to local branches of political parties ahead of the next round of local elections in November.  At the national level, 43 per cent of newly-appointed ambassadors were women.

To promote gender equality in education, particularly at the higher level, Denmark had increased the number of female professors at its biggest university, she said, noting in particular that the number of female professors had risen to 13 per cent from 11.8 per cent since the report’s publication.  From 1994 to 2006, the number of female students in natural sciences had risen remarkably, with women comprising almost half the student body.

She said the employment rate for Danish women was one of the highest in the world.  Yet, migrant women’s employment was still beset with problems, and the labour market overall remained gender segregated with persistent pay differences between men and women.  To address that, the Government was preparing gender-divided wage statistics and working to produce inspirational material to encourage equality in the private sector.  The Government had also launched a charter to promote women in top management in March 2008, shifting the focus from best practices to a more binding strategy under which companies committed themselves to developing ambitious but realistic strategies and goals.  The Government aimed to have 100 enterprises sign the charter by the end of 2010.  Seventy had already done so. It had opted for that approach because it did not believe in quotas, including with respect to women sitting on corporate boards in the private sector.

Violence against women was a violation of the Danish Criminal Code, and two national action plans had been established in the period from 2002 to 2008, she said.  The first aimed at supporting victims and breaking the taboo surrounding domestic violence, while the second included initiatives to support victims, target the perpetrator and disseminate knowledge and information.  From 2001 to 2005, the number of women experiencing partner violence had fallen from 42,000 to 28,000.  A new National Strategy to Combat Violence in Close Relationships 2009-2012 had also been launched.  A special focus was being placed on migrant women, who were especially vulnerable and often ignorant of their rights.  Other forms of violence, such as honour-related violence and forced marriages, were also being targeted in a range of initiatives.

She said Denmark had also mainstreamed gender equality and women’s empowerment in its development cooperation and approach.  It had initiated an international campaign on the third Millennium Development Goal to promote those goals by increasing political priorities on gender equality and increasing official development assistance (ODA).   Denmark had also been the first country to formulate an action plan for implementing Security Council resolution 1325 (2000) on women, peace and security.

Speaking on behalf of Greenland’s Government, Mr. WEYHE said that Act of Self-Governance of Greenland had entered into force on 21 June, which opened the way for Greenland to become an independent nation in the future.  That arrangement, however, would not influence gender equality formally since it was already under the Greenland Home Rule’s competence.  Yet, it did include heightened responsibility in which both men and women were required to contribute equally to and benefit equally from the process of achieving independence.

He noted that the new Government of Greenland consisted of four women and five men.  In 2008, the Government had nominated a new Gender Equality Council, which consisted of four women and three men.  It planned to reinforce the gender equality debate through television campaigns and Internet forums, and aimed to place gender equality ambassadors in every town.  A specific focus would target violence against women.  A national conference on domestic violence would be held later this year.  The Government was also implementing a special programme for young mothers to provide financial help, guidance and housing.  It was also focusing on prevention through programmes in primary schools.

Meanwhile, legislation on parental leave had been improved and stress put on joint responsibility, he said.  The 2003 Act on Gender Equality stated that gender equality strategies had to be implemented in all business organizations.  Greenland was also working with other Nordic countries to promote gender equality.

Speaking on behalf of the Government of the Faroe Islands, Mr. EGHOLM said the Islands had assumed both legislative and administrative responsibility over matters pertaining to gender equality.  The Faroese Act on Gender Equality ensured that women and men enjoyed the same civil, political, economic and cultural rights on the Faroes.  The legislation provided for a Gender Equality Commission to uphold the law, and progress in achieving such equality had already been made.  Parental leave and compensation legislation had been amended to enhance quality.  Changes had also been made to legislation on housing and social security, with pension reform aiming to increase coverage to groups such as housewives and entrepreneurs who did not have a prior affiliation with the labour market.

He said that since the last time the Faroes had presented on the Convention, progress had been made in implementing the Committee’s recommendations.  In particular, an immense public debate on gender equality in politics had taken place.  In 2005, the Government had established an independent committee, Demokratia, which had encouraged women to participate in politics.  Before the 2008 election, the parliament had also passed legislation creating a single electoral constituency from the seven that had existed.  That had increased the relative weight of voters from urban areas and might have contributed to an observed increase in female parliamentary representation from 9.4 to 21.2 per cent.  At the local level, the number of women on the ballots in the November 2008 elections had increased from 32 per cent to 39 per cent, and the number of municipal council seats held by women had risen from 23 per cent to 31 per cent.

Experts’ Comments and Questions

DUBRAVKA SIMONOVIC, expert from Croatia, said the report did not give a full picture of the Convention’s implementation in Greenland and Faroe Islands.  Reports from non-governmental organizations were also needed from these self-governing territories.  Were clear provisions on gender equality in fact part of specific legislation?

NIKLAS BRUUN, expert from Finland, reminded the Danish delegation that implementation of the Convention was a State obligation.  Pointing to article 2, on State parties’ obligation to end discrimination, he said that the report’s emphasis on the work of the self-governing territories should not elide this State responsibility.  Furthermore, while it was Denmark’s choice as to how to incorporate the Convention in its national Constitution, more elaboration on that was needed in the report.

Country Response

Ms. ABEL said it was not her Government’s jurisdiction to impose the Convention in Greenland and the Faroe Islands.  The question of incorporating the Convention was not a question of complying with the Convention or not, but a question of the means of doing so.  The Convention did not place any obligation on Denmark to incorporate it in Danish law; it only required that the Convention be implemented throughout its legislation.  To that end, Denmark had several acts that stressed gender equality.  Moreover, when ratifying the Convention, the Government had followed standard procedure in assessing how domestic law stood up to the Convention’s provisions.  It took the Convention very seriously and believed it would live up to its highest standard.

Mr. EGHOLM, addressing the issue of securing the Convention in the Faroe Islands, said there was an internal system of government to that end.  The Faroese Government also cooperated with Denmark regarding its international obligations.  As a small society, it had limited resources for data compilation, but efforts were being made to improve its statistics.  Several non-governmental organizations were active in the Faroe Islands and had been consulted during the report’s preparation.

Mr. WEYHE said it could not be said that the Convention was incorporated in Greenland, but the Government was convinced that its legislation comprised the means for implementing its obligations.  Gender equality existed on a constitutive level, even though that was not the same as actual gender equality.

Ms. ABEL said that while the Government budget had been cut, the funding of non-governmental organizations had stayed at the same level.  It would love to have more money to give, but that was currently not the case.

On the issue of equality in public procurement, another delegation member said there were no specific rules on that, but it was clearly stated in the Danish Act on gender equality that such equality should be promoted in all sectors of society. It followed that gender equality should be part of public procurement.

Experts’ Comments and Questions

VIOLETA NEUBAUER, expert from Slovenia, noted the changes Denmark had made to better comply with the Convention.  However, she pointed out that the transfer of the Minister of Gender Equality to the Employment Ministry meant the Minister held a lower departmental level since it was no longer part of the Social Welfare Ministry.  Did that have any impact on the bureaucratic procedures?  Was access to decision-makers affected?  Did all ministries have gender mainstreaming contacts?  What was happening on the local government level?

ZOU XIAOQIAO, expert from China, asked if the Minister of Gender Equality and of Employment was wearing two hats and how his time was split.  Was enough time being spent on dealing with trafficking issues?

PRAMILA PATTEN, expert from Mauritius, asked about the impact of the executive order of April 2007.  In the Danish effort to encourage women’s participation at the local level of government, had the adoption of temporary special measures in the form of quotas been discussed?  What was the policy of Greenland and the Faroe Islands regarding temporary special measures?

Country Response

Ms. ABEL said the shift in ministries was to ensure that the Minister of Gender Equality was also the Minister of another department.  This was not aimed at scaling down gender equality.  Indeed, the Ministry of Employment was very small but had a vast agency.  Progress on gender mainstreaming was slow, but the steering committee was now responsible for coordinating all work in the State structure.  Each ministry now had a gender mainstreaming policy, as well a plan to raise competences.  People now generally understood what gender mainstreaming was.  Tools such as e-learning programs had been developed and extended to the municipalities.  Their results were publicized so progress could be measured in each municipality.

She stressed that dividing the time between employment and gender equality tasks was difficult for the Minister, since many of those efforts overlapped.  The rule to allow special measures was part of the Executive Order.  Efforts to raise the number of women in top positions among Danish universities were not uniform, but all of them were doing something.  In general, quotas would not be used.  But to encourage more women on corporate boards, the Committee on Corporate Governance had recommended to the Minister of Economics that listed companies had to consider how boards were represented with respect to age and gender.

Mr. WEYHE said Greenland’s Government had sometimes implemented temporary special measures to protect women from violence and sexual abuse.

Mr. EGHOLM said the Faroe Islands had a “hard paragraph” that said companies should have a gender balance.  It was promoting knowledge of its own gender equality law in the public administration and the gender equality commission.

Experts’ Comments and Questions

VIOLET TSISIGA AWORI, expert from Kenya, asked for more information on linkages between au pair girls coming to Denmark and human trafficking.  More information was also requested on whether the Danish anti-trafficking centre had taken up the cases of a dozen minors who had been trafficked in 2008.

NICOLE AMELINE, expert from France, asked if the delegation could better outline Denmark’s legal position on prostitution and whether it was linked to trafficking in women.  Would sanctions be used for pimping and for the clients of sexual services?  How would the “new life” initiative be implemented and would prevention be a part of it?

Ms. SIMONOVIC of Croatia, pointing to the report’s data showing that domestic violence was declining, asked if more recent statistics from 2006 through 2009 were available.  Further, was there any analysis relating the homicides of women to the statistics on domestic violence?  She also sought more information from the Faroe Islands and Greenland regarding domestic violence and social support.

ZOHRA RASEKH, expert from Afghanistan, said the kindergarten program was particularly interesting, but asked why human trafficking was still increasing, given all of the efforts to curb it.  From where were these girls and women trafficked?  Had any regional efforts been made to stem it?  Were girls entering prostitution due to poverty or other reasons?  Were men being targeted in punitive measures and in awareness campaigns? 

Country Response

Ms. ABEL said the research showed no connection between au pairs and trafficking.  It was hard to distinguish between efforts to prevent prostitution and trafficking since it was not easy to determine if women were there voluntarily or by force.  Thus, a wider definition was needed to help women from Denmark and other countries working in the field.  The action plan was being implemented on an ongoing basis via counselling and outreach services.  Because it was also hard for prostitutes to get the help being offered, efforts were being made to bridge the outreach and service work.  Denmark’s police force had developed its own plan with respect to trafficking, and the anti-trafficking centre was being closely linked to those policing efforts.

Calling trafficking a horrible crime, she said it was the most obvious example of gender inequality in Denmark.  There were no new plans to change legislation, particularly by targeting clients as Sweden had done.  Denmark believed that prostitution was a social issue, and while trafficking might include a criminal element, it was also being tackled in the social arena.  The Government had told non-governmental organizations that if they had any suspicion a child was being trafficked, to contact it.  That was not working as well as had been hoped, but progress had been made to establish connections.

Another delegation member said the Danish policy was making a major effort to tackle the interlinked issues of prostitution and trafficking.  Preventive measures were the most effective means to prevent women from coming involuntarily to Denmark to work as prostitutes, and the police were focusing efforts in that area.  As a result, more charges had been brought in recent years.  In the first years of the police strategy, the environment had been carefully mapped, which meant the police were now able to focus their investigations more effectively.  Hopefully that would result in more convictions.

Ms. ABEL said that no new data on violence against women was available.  The Government had opted to gather a wider data set instead of updating the data more frequently.  It had also chosen to work actively with youth and young people in schools through a youth council that provided advice regarding young people and violence.  The Ministry of Justice had also developed a plan relating to honour- and jealousy-related violence.

Mr. AHSAN said honour crimes were not accepted.  Since 2007, and in response to a well-publicized honour killing, the police had set up a strategy to improve investigations in such tragic cases.  That included awareness raising, monitoring schemes and the establishment of special units in local police districts.  

Ms. ABEL said progress in combating trafficking could not be made unless efforts were holistic and included coordination with international partners.  Towards that goal, Denmark was working with countries in the Balkans and other regions.

Follow-up Questions

Ms. PATTEN, expert from Mauritius, asked about curbs on the demand side of prostitution.

Ms. SIMONOVIC, expert from Croatia, asked how the term “incorporation” regarding the Convention was being interpreted and suggested that clarification on honour killing and jealousy crimes was also needed.

Ms. NEUBAUER, expert from Slovenia, said more information was still needed regarding gender mainstreaming in national legislation in Parliament.  Was the implementation of those bills being monitored?  Did Parliament have any special gender-related body to ensure that bills were analyzed regarding their gender perspective?

Mr. BRUUN, expert from Finland, noting that the Convention was a dynamic instrument, said it was not enough that Denmark had general legislation saying gender equality should apply to all areas of life.  Did specific legislation exist to promote such equality?  Further, were equal treatment clauses used in public procurement mechanisms?

ZOHRA RASEKH, expert from Afghanistan, asked about legislation regarding sexual harassment in the workplace.  Also, did Greenland have specific laws against trafficking?

Country Response

Ms. ABEL said national campaigns had addressed buyers of sexual services, saying “you have a choice, she does not”, but Denmark had no intention to forbid the purchasing of such services.  Every bill in Parliament had to be tested for its gender mainstreaming.  If relevance was found, it had to be part of the bill’s explanations.  Further, sexual harassment was part of both the gender equality and equal treatment acts.

Another member of the delegation said there were procedures to make complaints of sexual harassment and to receive compensation.  If that harassment was “very cruel”, it would also be approached under Denmark’s criminal code.  

Another member of the delegation said it had been recommended by various legal experts that the Convention not be incorporated.  Nevertheless, the Supreme Court had invoked the Convention during a 2004 case.  The Convention was clearly mirrored in acts on equal pay, equal treatment, gender equality and equal treatment of women and men in the occupational social security schemes.  On public procurement, he said there were no equal treatment clauses.

A third member of the delegation said there was a police strategy regarding jealousy crimes, but that was separate from the strategy regarding honour killings.

Mr. WEYHE of Greenland said trafficking was not a major issue in Greenland, but the Government could not say it did not exist at all.  It seemed, however, that the market was small.

Mr. EGHOLM of the Faroe Islands said information on prostitution had been available only after the report was finalized, but he had the information today.  Meanwhile, compensation was regulated in the gender equality law.

Mr. WEYHE said there had been a tendency not to talk about violence against women.  To combat that, a message was being sent that such violence was illegal.  Services had been developed to help battered women, but they did not yet fully cover the need.  Direct dialogue and social awareness campaigns had been launched via television and the Internet and in schools.  In the fall, a national conference on the issue would be held.  A lack of social workers meant that non-governmental organizations were being used in conjunction with Government efforts.

Mr. EGHOLM said a crisis centre had been set up, which included a crisis hotline.  That one centre was able to provide the services required by the small Faroese population.  Other efforts focused on prevention and sought to bring attention to the issue in public debate.  Prosecutions were undertaken through the criminal code. 

Experts’ Comments and Questions

SOLEDAD MURILLO DE LA VEGA, expert from Spain, commended the Danish delegation on their direct answers.  She asked what measures and sanctions would be imposed in the future to ensure that municipalities implemented gender equality measures.  What percentage of municipalities was complying with equality strategies?  She called for greater Government attention to women’s political participation.  Danish legislation stated that public boards should have equal numbers of women and men, but what supervisory mechanisms existed to ensure that parity was achieved in that regard?  Further, it was not just sufficient to say men and women had the same rights; what mechanisms had been set up to ensure equal representation in decision-making posts?

Ms. NEUBAUER, expert from Slovenia, noting that the numbers clearly showed that there was no observed progress in women’s participation in municipal councils, expressed surprise that everything initiated this year had been focused on women.  It was not women alone who should shoulder the burden of attaining equality in decision-making.  Political parties should obey the law and should comply with the Government’s policies in that regard.  While not believing in quotas, the Danish Government should look for other effective mechanisms to achieve equality and to reduce the barriers that kept women from being elected to municipal councils and as mayors.  Had other carrots and sanctions been considered so that women were not left alone to fight for their rights?

Ms. AMELINE, expert from France, suggesting the Danish State had disengaged with respect to women’s participation in local-level government, returned to the issue of quotas.  The Committee really did not understand the stagnant situation at the municipal level and urged Denmark to take the initiative.

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, noted Denmark’s regular and frequent submission of its reports to the Committee and stressed that in 2006 the Committee had asked the Danish delegation to increase the women’s participation in Parliament and in municipal bodies.  Hopefully, women’s participation would increase in the upcoming elections in November.  She asked if parties were subsidized by the State and if those subsidies linked in any way to an increase in women’s participation.

Country Response

Ms. ABEL emphasized that local elections had not been held since Denmark’s last appearance before the Committee, making it difficult to provide new numbers.  A decrease in the number of women in seats at the local level might be due to the consolidation of 272 municipalities to 98, meaning that there were fewer seats in general.  The aim of the recent national conference on gender equality had been to raise awareness for women and political parties, particularly with respect to the municipal level.  The Government was also working to disseminate information on practices that actually worked to increase representation, but no special measures or economic sanctions were being used.  It was further exploring whose obligation it was to expand women’s participation.  The Government had sought to set the discussions on the local level since that was the locus of women’s selection. 

She went on to say that all political parties in parliament had gender equality spokespersons.  The Committee on Political and Economic Affairs, which was the highest committee in Parliament, discussed gender equality, as did the Social Affairs Committee.  Discussions on the number of women in committees had also been held and, in procedures for choosing committee members, rules called for a man and a woman to be proposed.  If an organization could not carefully explain why it was unable to do so, the seat had to be left open.  Also, political parties had been subsidized on both the parliamentary and municipal levels.

Follow-up Questions

Ms. NEUBAUER, expert from Slovenia, said she was still confused about whether women were not motivated to stand for elections or if they were unable to go through the procedures within political parties to do so.  She further stressed that the Government had a responsibility and should encourage the political actors to comply with the Convention.

Ms. ABEL assured her and the Committee that the Government had taken many steps to encourage women’s participation.  But she was sorry to say that women did not seem very interested in running for office.  Nevertheless, that did not absolve the Government of its responsibility to continue to encourage them.

Ms. BELMIHOUB-ZERDANI, expert from Algeria, asked why the numbers for representation from Greenland and the Faroe Island were the way they were and why those representatives could not sit in the European Parliament.  Was that due to discrimination on the part of the European Parliament?

Ms. ABEL said that the Faroe Islands had two seats in the Danish Parliament. To be a member of the European Parliament, a country had to be a part of the European Union, and Greenland had voted not to join.

Experts’ Comments and Questions

BARBARA EVELYN BAILEY, expert from Jamaica, wondered what had been the impact of the initiatives referenced in the report to promote non-specific gender choices and to change gender patterns.  How was the focus on gender issues among guidance counsellors and teachers operationalized?  Alternative sources suggested that the Ministry had laid down guidelines for hiring in academia that did not have a gender perspective.  How could gender equality be pursued without such a perspective?  Further, had the materials that had been disseminated to schoolchildren to encourage gender equality been evaluated, or were they merely assumed to promote such equality?  People from Greenland who hoped to obtain higher education had to go outside the territory; were their needs being studied so they could be addressed better in the future?

Ms. PATTEN, expert from Mauritius, asked what measures had been taken to address systemic discrimination against women in the labour force, particularly against migrant women.  How was the equal participation of women being promoted in highly-skilled jobs and management?  Also, how were views and attitudes towards gender-segregated jobs being addressed?  How was the concept of equal pay for equal work being implemented?  Were measures for objective evaluation of jobs being implemented at the national or sectoral levels?  Was the Government using the guidelines created by the International Labour Organization (ILO) with respect to equal pay for equal work?

Ms. DE LA VEGA, expert from Spain, asked if companies were provided with information on gender equality and whether they afforded any advantages if they promoted such equality.  Were women being encouraged to enter jobs traditionally considered to be men’s jobs?  Was there any assessment of how the economic crisis was affecting Danish women?

Highlighting the high proportion of part-time work in Denmark, Mr. BRUUN, expert from Finland, asked what had been done to allow part-time workers to move to full-time work and how the gender perspective was being incorporated into part-time work.  States parties had a clear obligation to try to increase opportunities for women, including in the entrepreneurial sector.  However, it did not seem that Denmark placed a high priority on encouraging women entrepreneurs.  The equal pay report was an obligation for companies with more than 35 employees.  But was equal pay considered a human right and, thus, applicable to companies with 25 or 30 employees?  

Ms. RASEKH, expert from Afghanistan, pointing to increasing and high abortion rates among young women, asked if any analysis had been made of those rates.  Further, was the Government conducting any surveys on the mental health consequences of the high rates of violence among young women?  Were long-term therapeutic services provided to women who faced such violence?  Noting a highly-publicized case among immigrants regarding female genital mutilation, she asked how other such cases were handled and brought to court.

Country Response

Ms. ABEL said the material provided to kindergartners was not gender-neutral, but in fact took the position that boys and girls were not the same.  Indeed, the boy and girl characters in the book were deliberately thrown into situations that were unlike their typical experiences.  Also, guidance counsellors and teachers were trained in that gender curriculum to the extent possible.  Overall, it was hoped that that approach would allow, not only girls, but also boys to make non-traditional gender choices.

She said it was clear that the gender pay gap resulted from gender segregation in the labour market, and not from a general lack of equal pay for equal work.  After a long period of discussion in higher education, changes were finally occurring in terms of the number of women in professorships.  A broad range of initiatives from programmes aimed at aiding family life to the use of gender consultants had been implemented.

Another member of the delegation said part-time work was decreasing in Denmark, although many jobs were open both to full- and part-time workers.  Denmark felt the priority was a high employment rate, and great efforts in the public sector were being made to ensure that persons with disabilities and migrant workers had the chance to work.  But it was more difficult to reduce gender segregation with such a high employment rate.  The cooperation of companies was needed to reduce pay gaps, and Denmark believed the bigger companies had the resources to achieve the best results.  Trade unions had increasingly mentioned job evaluations, but the Danish Government considered that such evaluations should be carefully orchestrated to ensure the cooperation of social partners.

Ms. ABEL said that the unemployment rate had risen for men rather than women as a result of the financial crisis.  Denmark had made nearly 50 initiatives to improve conditions for women’s entrepreneurship and was working hard in this area, particularly to encourage migrant women entrepreneurs.

She went on to say that a new action plan had been adopted to reduce the number of young women seeking abortions.  On female genital mutilation, efforts were being made through a number of different groups and Government agencies, particularly to disseminate information on the practice.  Laws had been amended so that even if the practice occurred outside Denmark, prosecutions were still possible.

Another member of the delegation said a great deal of research demonstrated the serious health and mental impacts on women victims of violence.  There was a good crisis network in place, and several services were available to victims, who were clearly impacted in terms of their ability to work and live healthy lives.

Experts’ Comments and Questions

Regarding forced or arranged marriages, Ms. AWORI noted that the Danish delegation would have a report on research in this area in September, but asked for any preliminary indication on what more had been done and what measures or efforts were in place.  Also, could the delegation give any indication about what the research showed regarding family reunification?

A member of the delegation said it was impossible to say what the research showed since the information was not yet available.

Ms. ABEL underlined that preliminary results were not available and no one in the Government had seen them.  But regarding questions on combating arranged marriages, she assured the Committee that several steps had been taken, including rehabilitation and protection measures for women who had been involved in forced marriages and other related incidences of violence.  Hotlines had been set up.  On the political level, agreements had recently been reached to fund different initiatives to combat honour-related violence.

Follow-up Questions

Ms. AMELINE, expert from France, wondered if gender policy could be actively incorporated in sustainable development policies and principles, given the upcoming climate change conference in Copenhagen.

Ms. SIMONOVIC, expert from Croatia, asked for more information on the policies regarding residency permits and situations of domestic violence, which had been part of the Committee’s last round of recommendations.  Was Denmark considering possible changes or different angles to address family reunification in cases of domestic violence?  In the Convention’s article 18, State Parties had to report on legislative measures they had adopted to give effect to the treaty, but it seemed it would be hard for Denmark to address the Convention’s Optional Protocol without their incorporation into Danish legislation.

Ms. ABEL agreed that climate change was unevenly impacting women and men and that Denmark and other Nordic countries were giving a lot of consideration to that area.  It had held a side event on the topic during the most recent meeting of the Commission on Sustainable Development and would hold other events during the upcoming climate summit.  The short answer on permits was that in 29 of 30 cases where domestic violence affected resident aliens, permits had been granted.

Another delegation member said that victims could indeed submit claims to the Committee since Denmark had ratified the Convention and the Protocol.

Ms. XIAOGIAO said it was clear that the Danish Government had done a lot of work to answer the Committee’s questions on, among other things, violence against women, human trafficking, representation of women in local government, equal pay for equal work and the pay gap. It would of course provide final recommendations in the future.

Committee on Elimination of

Discrimination against Women

887th Meeting (AM)

WOMEN’S ANTI-DISCRIMINATION COMMITTEE OPENS SESSION, SPURRED TO RAISE VISIBILITY,
STRENGTHEN IMPACT OF WOMEN’S CONVENTION IN THIRTIETH YEAR OF OPERATION

This year, the Committee on the Elimination of Discrimination against Women should seize the opportunity of the thirtieth anniversary of the women’s rights Convention and the tenth anniversary of its Optional Protocol to raise their visibility and strengthen their impact for the sake of women worldwide, with the ultimate aim of getting more States to ratify both instruments and withdraw any reservations to them, Naela Gabr, Committee Chairperson and an expert from Egypt, said this morning as the Committee opened its forty-fourth session.

Introducing her report on the Committee’s activities since its forty-third session, Ms. Gabr said Qatar had recently acceded to the treaty -– known formally as the Convention on the Elimination of All Forms of Discrimination against Women -- bringing the total number of States parties to 186.  Turkmenistan had acceded to its Optional Protocol, which authorizes the Committee to perform such oversight functions as receiving and considering individual petitions and conducting inquiries into grave or systematic violations of rights governed by the Convention, bringing total ratifications to 87. 

In other updates, some Committee members had met recently with United States Government representatives to discuss that country’s ratification of the Convention, she noted.  Further, Argentina had recently joined the 54 States to have accepted the amendment to paragraph 1 of article 20 of the Convention on its meeting time, but more States must accept that amendment for it to enter into force.

Despite that progress, all stakeholders must make more efforts to implement the Convention and concluding observations in order to see results on the ground, she said, calling on the Office of the United Nations High Commissioner for Human Rights (OHCHR) to expand human and financial resources and technical assistance to States parties for that purpose.  

Ms. Gabr said she and other Committee experts had participated three weeks ago in the ninth Inter-Committee Meeting of Human Rights Treaty Bodies and the twenty-first meeting of chairpersons of those bodies.  She had represented the Committee at the fifty-third session of the Commission on the Status of Women in March, where she had focused on the outcomes of the Committee’s last three sessions, and at the Durban Review Conference in April.  Further, she met with media in Egypt to discuss the new law on quotas for women in Parliament and its compliance with the Egyptian Constitution and article 4 of the Convention, on temporary special measures to accelerate achievement of women’s de facto equality.  She had also attended a meeting on the Convention with the League of Arab States. 

Jessica Neuwirth, Director of OHCHR’s New York Office, pointed to several resolutions on women’s rights and empowerment adopted recently by the Human Rights Council.  Those included texts on States’ obligations to protect women and girls from violence and prosecute offenders; to eliminate human trafficking, including through anti-trafficking legislation and national action plans to address the root causes of prostitution, forced marriages, forced labour, sexual and other forms of slavery; the right to education; and preventing maternal mortality.  The Committee on Economic, Social and Cultural Rights at its May session had adopted its general comment number 20 on non-discrimination.  It described States parties’ obligations to guarantee the principle of non-discrimination and sought to identify prohibited grounds of discrimination, including on the basis of sexual orientation.

Ms. Neuwirth said that during a recent lecture on promoting women’s rights in the next decade, at the University of the Western Cape, South Africa, United Nations High Commissioner for Human Rights Navanethem Pillay had called for implementing women’s rights, finding practical and effective ways to relieve women’s suffering and redressing the injustice that hampered, belittled and suppressed their contribution.  To mark the anniversaries of the Convention and Optional Protocol, the United Nations system was supporting national and regional anniversary events, which would culminate on 3 December with a global event.

Pramila Patten, Committee expert from Mauritius, introduced the report of the pre-session working group, noting that the group had prepared lists of issues and questions concerning the periodic reports of the eight States parties having been scheduled for consideration at the current session, namely:  Argentina, Denmark, Japan, the Lao People’s Democratic Republic, Spain, Switzerland, Timor-Leste and Tuvalu.  However, review of Argentina’s sixth periodic report had been postponed at that country’s request.  Consideration of Azerbaijan’s fourth periodic report would be taken up instead. 

She said the lists focused on such Convention-related themes as constitutional and legislative framework and national machinery for women’s advancement; women’s participation in decision-making; education and training; gender stereotypes; poverty and employment; violence against women, including domestic violence, trafficking in women and prostitution; health, including  sexual reproductive health; the situation of vulnerable groups of women, such as older women, rural women, women belonging to ethnic minorities and refugees and migrants; equality before the law; and marriage, family relations and the economic consequences of divorce.

The working group had also agreed to prepare intersessionally one outstanding list on Azerbaijan’s periodic report, whose consideration had been postponed from the last session, Ms. Patten said.  The lists for Guinea-Bissau and Liberia had been adopted intersessionally at an earlier stage.  The working group had also benefited from written and oral information provided by non-governmental organizations on three States parties under consideration.

Jane Connors, OHCHR Senior Human Rights Officer, introduced the Committee’s agenda item on implementation of article 21 of the Convention and on ways and means of expediting the Committee’s work.  On article 21, which provided that the Committee make suggestions and general recommendations based on reports examined and information received from States parties -– she said that work continued on the general recommendation on article 2 on policy measures and that Cornelis Flinterman, Committee expert from the Netherlands, would brief on progress in that regard.  The Committee’s report on ways and means of enhancing its work (document CEDAW/C/2009/II/4) provided information on States parties to be considered at future sessions and approaches of other treaty bodies to follow-up to concluding observations, she added. 

On article 22 -– which allowed specialized agencies to be represented during the Committee’s consideration of implementing those provisions that fell within the scope of their activities and allowed the Committee to invite such agencies to submit reports on implementing the Convention in those areas –- the Committee had before it the Secretary-General’s note (document CEDAW/C.2009/II/3) on the specialized agencies’ reports and the report of the International Labour Organization (ILO) as an addendum, she said.  The Food and Agriculture Organization (FAO), United Nations Educational, Scientific and Cultural Organization (UNESCO) and World Health Organization (WHO) were reconsidering the content of their reports to make them more useful for the Committee. 

Also this morning, the Committee adopted its provisional agenda and organization of work for the current session.  It observed a moment of silence for Fumiko Saiga, Committee expert from Japan, who passed away on 24 April.

Violeta Neubauer, Committee expert from Slovenia, also spoke.

The Committee will meet again at 10 a.m., on Wednesday, 22 July, to consider Spain’s sixth periodic report and Denmark’s seventh periodic report.